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19 Vehicle Accident Clarke
Truckee Donner Public Utility DistriCt Boara d Directors Joseph R.Aguera T.Ronald Hemig EiusMess Office {53O} 587-3896 FAX (5301 587-5056 Patricia S.Sutton Tim Taylor William L Thomason General Manager I Pater L.Holzateister CONFIDENTIAL MEMORANDUM To: Board of Directors From: Mary Chapman, Administrative Services Manager Subject: Robert Clarke Vehicle Accident, 1/17/05 Summons received Yesterday, the District was served with two summons relating to the Robert Clarke vehicle accident on 1/17/05. 1 have forwarded them to our insurance broker Keith Grand of Marsh Risk and Insurance Services asking them to tell us which insurance policies would cover any liability the District might have and asking that each company involved send us a formal statement that they will provide our defense. Copies have also been provided to Steve Gross. We were also told that Robert Clarke will personally be served with a summons. Since Robert was in the act of performing his duties as the on-call lineman, the District would also provide him with a defense, Once Robert is served and provides the District with his summons, I will forward a copy to you and our broker, again confirming that they will provide him with a defense. This item is scheduled for executive session on January 18, 2006. If I receive any additional information between now and then, I will provide it to you. Post Office Box 309 11570 Donner Pass Road m Truckee, California 96160 .......... .......... S U M.IV,0 1%,S -- - - -- --------- -11M-i NOTICE J 0 DEFENDANT: (CITA CION JUDICIAL) i'A VISO AL DjM;ANDADC); e SUED EY PLAINTIFF: YOU ARE BEING SU (LO ESTA DEMANDANDO EL DEMANDANTE): copy A letter or phone call vii(1 not response atthis court and have a cou�f proper legal ro''m'f YOU Want',he inforeu can COUT', forms and more M"are -Help Center sayhe w librin y, or the courthouse t ask ffi=court response or,time, you ov o� wages money,anv p-operty nay bo taken -hout further warning from he court. - fie are other legal.-eoui-ements.Yoa may want to call an attorney, You may want -"tom- . ........... ht to car an 111 or or an attorney,you may be eligible for free legal services from a nonprofit legal services P-erarn You can locate these nonprofit groups at the California Legal Se;vices We"site(wvjJawhel pcaljfcrnra.org),the California Courts Online Self-Help center or by c-nfacning Your local court or county bar 2oSOC;ation, lene 30 DIA"DE CAL ENDARIO despuss de que le entreguen eidat cdainor,ypapeis legates Para Presenstruca resprissia por-scrito of a 0 Ramada Wefonico no to prot-een Su jespoesu,por o �'sdr-0/1P Y,;acor que se nnegcj�uns copia al d�ocari sent.uria car' u a n,fla tione orre estar en farniato iegal c0r,-ecu)sr des'a que Ptled3 usarpara so tpspuerr,press encons-ar cs too forriirics do -or- Es posible quo 11"ya �orciurIdo que usted y rr'ns jr.',o='ac.jo:n en of Ceridl-o de Ayopra de 1 Ovlcelfh-/Plespanob), en!a siblioirica de Inyes de su ,nda cor-res de do 0 en III Cone burl Is anode cads carca. Sins ic"d 0agar fa Costs do presewa:u6r' Aida seorenatic de la come que to do on fbinularlo de exqncion do,page de oi s. ,rP--,pue,3us,t�ompo' pueure p-rder-,jl casecone a '�noifresenfa Hay cuss r0qb',;itc5 le-gales.Es recomendable sucloone 2 Un abogodo inmediRtarri-rile. 3i no armoce a sac vfci-de rein-skor,a abagarns.Sio pus no a509pdc,PQede 1-��muu a on ieg,7ics-IT'stuftcs do un prograrna de s- so Pagar a in abogado,es bcsible que curne'a con los requisites Para ructener se,-Ijb ros ,rvmos regales sin fines de Inclo.Puede eraconirair estas grupbs sin fines de Inc,on 01 sifto web do Cainoceirria Less,,Services, (w"'w.!&wbe/Pcc1hbrnsoort;h, on at Centro de Ayuda do for,Cotes de California, 0 n"'e"'cour'dn"s.ca a v"aPjfno'P1esPa"ru',) 0 P(blhirdo5e on contacts con la cote 0 ei calegio do abogados locales. e v ,& de laCD�- _i ry T05/ 890C 1 "a Z V L 7 R C-2CE TO THE P-7RS--N, vc C K' asS2, F- 0) 7v - - ul 0— -< y -go Crr AVE . D - :RUCKEE - ,�zr+ =J r -Artr y ✓. .ti r` J Vr' _ J r .a�*c $'c`g- F' ^'•LFr.. r0wir L,aAi 0 nsonaII u Pro .. Y P r Y Damag ia, f on,rd Death D (Nu,rber) ; TYp- check all;hat apply) "•"OiOR VEHICLE OTHER i - Property Demage 7-1 J Wrongful Death Fe 5c^al inury Other--Da .,ages (spec/,,yj Esc k,fi ACTfCN `S A UMiT.-D CIVIL CASE - noun' dernanded does not exceed alD,goo - [_,� exceeds $1G,0 : Du apes ro4 exceed S25,ODD.;CrFiON a IN ONLIo-7iTED MS - ed. < Sr,t i TO t ($99C iCTiON -a RECLASSIFIED hY nis amended ,ai from i ^ii ed ro H.. iced "rom unfiminad to i"1red ca-ses of acuon 39mut DI __ NT = - .,aln 5 __ � �� " r _ _- : 9 C ^l..nt�a k D:,G .,O ...,,50 .. .,I Ov✓i"� 'iJ"l�.,f yyea � a r p_m5 _nr ed ab. e,s a carnD,.r_ .ad.r'-r. r �J �� um „ty °ed /Qosc.,pe/ . w �J F n -das ,:§e; a..^,adult w om - _ M -asp g'"dwr 23 __. -ee . - `D-mod - _c A A w _ ; . =Dr f - Damage rJro - Death - - - _ .- - T05/1899C =advey3w ramed Awe r a no & P K Son 171 except Menial m.) , .; CA a WSMISS _ ^,.ocwn (313 Colention M acemry c,"', 7 eFS 0 n i ® r v no'a-jo DI15i.^ ^yaPi:„10 'o-.^' h. msc .3., inroroc _ , n7 rat-im Demons,con7anY in _ I 1 s an d sued as Does a -known -- ^PII A _-d n - .-s wane a !JS On!ore caf �,^,oW q Lp a na.fr2a. - ' Yrc_ d nus one ypen- . .1 " AA-90 D k, J T0511899C v, c a sral cem 4 ,/1 o IN7;F PR YS Tor 1 !' .-> :1�➢ m .'nip . li_rc 3m _. a8sr, T05/1899C CAUSE OF ACTION- Motor Vehicle Page L P r zuges re WS of cam"a"s WKE nefger! r, "Id dam'p, !, pbalf tme acm 0=7"d 0- 4av 'I -Zarlf 17, M3 RQ:j 29 f3r7n X110 - Creek 71 .wen, 3f Nevan 42 74''WAM a 7-1 7 7-1 VA0 emsioyeu ,�e perso'no ran a7mynown...... .... .C 2-1 Does 13 M ms d,fen5a - Ts wnO Owlec One mmor vency wj,q,,rva> MEET`- CLARK anj TOM 1KI Dow 'mo-,�emc;eae 171 Does Tqe oew,= Z' e a old !7:!,a2e-:v e,e 270 acw ye sww ROW?- 1;qs —- --------- CAUSE OF ACT!O.'\J-,vo-s,r ,jp _ T0519899C CAUSE OF ACTION. Ganeral Negligence Page C -1 -, i ^cs-C "'easy on a o^J :_N -- — ..u_ m 7MCKHE DONNE3 - -_ - - D Des P_ ry�c e a ac�;_ ... y _o S vdefendant Do how. ._..� _ _ - � J'j at ff, i on sn s 2 „r'Yi T�HTE -' _ J v K _ _ 'T and GEE _e I _. v a_.a _ ._ J_ e _ ' as S CRUSE O� aC ION µr. -_ t �I gE`,lC-2 --- -- � �.ie andJc;member) A CvR COURT v�'.�OR%<,Y Superior Court of Califo n a, County of Nevada 1 10075 Levon Avemse, Suite 301 Truckee ca 96161 TRUCKEE BRANCH PLANILFf7 CYNTHIA BILLINGS Vs, a DEFEN-DAi\'T: TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ROBERT CLERK I NOTICE OF CASE MANAGEMENT CONFERENCE CASs NU.LIBER; ' T05/1899C NOTICE rs given that a Case Management Conference has becn sch-doled as ollou=s: Date : Time: 9:00 a.tn. (_s.PPROXMATELI�TELEPHONIC CALLS ONLY-NO PERSONAL 4/2 8/0 6 APPEARANCES. YOU MUST CONTACT COURT CLERK.4 WEEK t PRIOR TO CONFIRM A SPECIFIC CALL-IN TIME AT(530)582- 835 _ASIC FOR THE CIVIL DEPAkT ENT j Strict compliance with Local Rule 4,00.6 required. An Order to Show Cause Re: Sanctions will issue if service is not completed within 60 days or Application for extension is not sought. LOCATION: 10075 LEVON AVENUE,SUITE 301, TRUCI�EE CA 96161 • Notice is given that this case is assigned to Judge C. Anders Holmer for all purposes. • You must file and serve a completed CasaINfanagenvent State near:orm CV,.110 at Ieast fifteen days before the case' anagement conference (California ::le cfCou,-t 213(g))- Suict compliant with CaLfortia Rules of Cotn-t 201.7 required. • You must be f»n liar with the case and be: fly p.epared to pa-icipate e fect=vcj n the czse ^.anager.ent con,,,rence. - • At the case n:anagemer co, 'e c the e rati axe pr z orders a cud ng he follow : An order estabhsS.ng_ds o y s hey+ : ing A ref al of the case c-ju 4al a naau.m or some other form of aitemat - isr}=te r>_ of .•;on with a dam o. compleu ti; O An order sehedulinfz exe range 0 e3:pert'nitrteSS'nYOIma=*for.; a r o der seuir,s s q� nt c e r ce, nd he Ltal a 0:ht7 o den to h._ . L'c a- of :al Co n D 1 ay R a ion A t(Cos.CO - §68d060 at seq , • ould -h- p2 m s compl sib rules tJI ecurt �' and - i . -ir Case wa t ..crt S a..xn-nt, app amicc at H,.cease n' t geMa.t c _._--ce ma} 'De �,arv„d. • c -.her str-,mons j ..t �..e the e'v:znag •n _vcrr �n Sheet ate 11/28/05 b Depu _s°UPENZIOR CC)['R OF .[.UE STATE 01 CA[;€VORN6A County of Nevada, 'Truckee Branch :ANDERS HOLMER,.Ind e `t SEAN P.DOWLING O.SEAN METROKA Commissioner Court FxeaePoe Oificer 10075 Levan Ave., Suite 301 Truckee CA 96161 (530) 582-7835 Fax (530) 582-7875 CASE MANAGEMENT INFORMATION SHEET PURSUANT TO CALIF OR3L4 RULES OF COURT 212 • Tne clerk will set a date for the Case Management Conference at the time the complaint is filed. • The complaint and cross-complaint are to be filed and served pursuant to California Rule of Court ,013, along with a copy of the Notice of Case Management Conference and the Case Management Information Sheet with attached blank copy of the Case Management Statement. Counsel is also required to serve the Nevada County Super or Court Altemative Dispute Resolution Information Sheet and attached stipulation form. • At least fifteen calendar days prior to the scheduled Case Management Conference,each party shall file mth the court and serve on all parties,a completed Case Management Statement. APPEARANCE AT CASE MANAGEMENT CONFERENCE. • Are conducted by telephonic conference calls only. No personal appearances unless directed by the court. Counsel and/or parties appearing wSthout counsel to contact the court approximately a week prior to the Case Management Conference date to get the specific call-in time and directions on the procedure of the cor4erencc call. • All parties to have in the court file their Case Management Conference statements to participate in the conference call • The number to call to arrange the specific call-in time and obtain the directions on the conference call procedure is 530%582-7835. - -- --x -- NEYORFv{• v W,T,iouT r�RNertram --._.--------------- CM-110 a y FGF CDU iRT US=GNLY TELEPHONE No: FA%NO.LDptiwalJ. E-MLtll nOORESS(O➢now)r .ATTORNEY FOR(Namep SUPERIOR COURT OF CALIFORNIA,COUNTY OF NEVADA STREETADDREss. 10075 LEVON AVENUE, SUITE 301 M,oLING ADDRESS: SAME C1T' AND ZIP CODE TRUCKEE, CA 96161 T•RANC„NAME; TRUCKEE BRA NCH PLAINTIFF/PETITIONER: - DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT I(Check one): UNLIMITED CASE CASE NuueER 0 LIMITED CASE (Amount demanded (Amount demanded is$25,000 -------------- exceeds$25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: � Date: {me: Dept.: Div.: ,4ddress of court(if diffarent from Room: the address above)_ INSTRUCTIONS:All applicable boxes must be checked, and the specified information most be provided. 1- Party or parties(answer©"): a. E= This statement is submitted by party(natue): b- E=) This statement is submitted jointly by parties(names): 2- Complaint and cross-complaint(to be answered by plain6r7s and cross-complainants onY) a. The complaint was filed on (date): b- = The cross-camptaint,if any, was filed on (date)_ 3. Service(to be answered by plaintiffs and cross-complainants only) a- All parties named in the co b. The mplaint and cross-complaint have been served, or have appeared, or have been dismissed. follOwing parties named in the complaint or CFOs-complaint (t) have not been served(specifynames and explain why not): (2) have been served but have not appeared and have not been dismissed (specifv names): (3) have had a detauh entered against them (specify names): The Maybe en,ed fiat parties may be add?d(specify names, nature of invol�eroenf in case, and<,^e dote by which they may Ga served): t- Description of case a. Type of case in _�t Gomplairt i_� cross,omplaint ldesc-ibe, in- din, a causes Di action): 5 `Z CASE MANAGEMENT STATEMENT C 1 Rol-swim„{, fide 21 P ET � �LDANT- ESPO lONrR: DE°EP1oANT/P,[SPONDENT 10_ d_ The party or parties are willing to participate in (check all that apply,): (1) Q Mediation (2) 0 Nonbinding judicial arbitration under Code of Civil Procedure section 1141,12(discovery to close 15 days before arbitration under Cal. Rules of Court,role 1612) (3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12(discovery to remain open until 30 days before trial:order required under Cal. Rules of Court, rule 1612) (4) Binding judicial arbitration (5) Binding private arbitration (6) 0 Neutral case evaluation (T) Other(specify). e- 1 This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. 9 This case is exempt from judicial arbitration under rule 1601(b)of the California Rules of Court(specify sxemppbn): 11. Settlement conference The party or parties are willing to participate in an early settlement conference (specify when): 12. insurance a, = Insurance carver, if any,for party filing this statement(name): b. Reservation of rights: = yes = No Coverage issues will significantly affect resolution of this case(explain): 13. Jurisdiction Indicate any matters that may affect the Court's jurisdiction or processing of this case, and describe the status, Bankruptcy = Other(spedty): Status: 14, Related cases,consolidation,and coordination a, There are companion, underlying, or related Oeses. (1)Name of case: _ (2)Name of court (3) Case number, (4)Status: L--i Additional cases are described in Attachment 14a. b- = A motion to consolidate coordinate will be filed by(name party): 1D_ SHUrcat(on 5e party or r art s „end to Fle a motion for an order bifurcating, sewer �l, or coordinating the following issues or causes of anion 1'spe b' ^poling tarty, ty,Ge of nnOtiOno and reasons). 6, Other motions TO e pe.c-Or drl Sa)v,� t h - "Y r c �. -re L=e f. IL wing rouan S oetorP ;al fppecii`vmovrrrg party, ype of,---y on, end ssu2s): -- 'e�. +cos, CASE MANAGEMENT STATEMENT P.,...3 f4 if ............... FOR COURT USE,,,, TELEPHONE No, FAX NO JO'4 M 4' E-NallADDRESS S SUPE UPERIOR COURT OF CALIFORNIA, COUNTY OF NEVADA OTRiEETAo,pESS: I0075 LEVON AVENUE, SUITE 301 w,nlucwoRe SAME cu`rn D-Zrrco� TRUCKEE, CA 96160 apkNCH mmc- PaW'Fl I—FF/ z---j4E EFENDANT/RESPONDENT: Ex PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE HUu Er PLEADING AND LJ ORDER EXTENDING TIME To SERVE AND F I ORDER CONTINUING CASE MANAGEMENT CONFERENCE APPLICATION I. Applicant(name): a. r-1 p!,ibff b. F-11 Crocs—.OmP:ai"nt c- F I petitioner d- 0 defendant e- cress-defendant f. respondent 9- other(describe): The complaint or other initial Pleading in this action was fled on(date): Applicant requests that the caud allant an order extending time for aervire Of the following pleading: a. EJ Complaint Cross-complaint Petition d. F—) Answer Or Other responsive pleading Other(O'escribe): Serr'ce and filing Of the pleading fisted in item 3 is Presently required to he Completed by(date) Previous applications, Orders,or stipulations for an extension Of time to serve and fie in this action are: a. Lj None E—j The following(describe all,Including the fer)g'h of any prev)ODc extensions): Applicant requests an extension of time to serve and file the pleading 1isred in item 3 on the following parties(name e each): Page I of 2 f- EX PARTE APPLICATION FOR EXTENSiON,OF TtI.IE To TO SERVE PLEADING AND ORDERS 2017,'�379 { CfiR-1 fi0 -UOFIaiS ilRkh.Tl'WI H)LiAl ..."._._--------- �__._ - FOR 10"RT USE ONLY 1 ELEPHONP NO.: FAX NO. -NAIL ADDRESS TORNEY FOR(Name}. SUPERIOR COURT OF CALIFORNIA, COUNTY 'V DA STREETADDRESS:10075 t EVCN AVENUE, SUITE 301 M )LMGANDRES- SAME cm AND ZIPCODeTRUCKEE, CA 96161 sRANCNNAWe 'TRUCKEE BRANCH 'LAINTIFFIPEFMONER: - I FFENDANVPE-OPONDENT; ,( CA.^,E Nu�nsErc NOTICE OF STAY OF PROCEEDINGS JJDGE: DEFT: 'he court and to all parties: Declarant(name): a. LJ Is F-1 the party F-I the attorney for the party who requested or caused the stay. b- ® is F-) the plaintiff or petitioner the aYiomey far the plaintiff Or � A titioner.The party who requested Ut„ stay has not appeared in use or is not subject to the jurisdicticn of this court- This rase t5 stayed a-follows: a. C1 With regard to all parties. b- C1 With regard to the following parties(specify by name and party designation): ?eason for the Stay; Q Automatic stay caused by a filing in another court.(Attach a copy of Lhe Notice of Commence,,, &nt of Case,the . bankruptcy penbon, Or ether document showing that the stayis in effect, and showing the court, ease number, debtor,and peti8oners.) LJ Order of a federal court or of a higher California court.(Attach a copy of the court order) Q Contractual arbitration under Code of Civil Procedure section 1281A. (Attach a copy of the order directing arbRration.) .Arbitration of attorney fees and costs under.Business and Professions Cade section 7201. (Attach a Cody-of;'he client's request for arbitration showing{ling and service) Lj Other e under penalty of perjury under the lays Of the State of Cafrfomia that the foregring is true and correct R'!PE OR`rPorY>tiANE —CET V.lb.w7 --- -- _, -- r. layv PROCEEDINGS NOTICE OF STAY OF PROCE - 'i b'.C,Mwng — Jano�ry? ?pDat Ca.RWes m'C ti.role Pi -_c,:cv Forms TN 2 `l --- CM-200 _R CoURT USEOUtY -LEFHONE NO.: FAX NO.(pplxxan: W Jt ADDRESS tOProrwg FORNEY FOR j� y UPERtOR COURT OF CALIFORNtA,COUNTY OF NEVADA STREE-rAF00RE5:10075 LEVON AVENUE, SUITE 301 UA M1 ING AD✓RESS- SAME cn DapcoD TRUCKEE, CA 96161 aFUN�- nAuE:TRUCKEE BRANCH L WTIFF/PETIT)ONER: — EFENDANT/RESPONDENT: CASE NUMER- NOT}CE OF SETTLEMENT s�e NOTICE TO PLAINTIFF f you have not fled a request for dismissal within 45 days of the date this Notice of Settlement is received by'he -Ourt Or, if the settlement is conditional,within 45 days of the date specified in item lb, the court must di s e :ase unless good cause is shown within that time why the case smis th should not be disco s ed, ;e court, all parties, and any arbitrator or other court-connected ADR neutral involved in this case: This case has been settled.The settlement is: a- ® Unconditional.A request for disrnrssat will be fitzd within 45 days after the date of the settlement Date of settlement Conditional.The setlement a9reement conditions JtSmisslaf Of specified terms that are not to be performed within 45 days Of the rdate+of the tter Noettlemeni A requese Satisfactory t for letion Of be filed no later than(date): for dismissal will isle initial pleading filed: eyt scheduled'nearing or conference: Purpose: Date: Time: ial date: LJ NO Inal date set_ LI Date: ima: .Clare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and cored n +dE of 0 Ar;orwEY Q FAxr�wii»r oe.NE i { �+ dpm,yu NOTICE OF SETTLEMENT — E z SUPFRfO R COURT OF THE STATE OF CALIFORNIA County of Nevada, Truckee Brand C.A7vDERS NOLMER,Jvdge SEAN P_DOWLiN(, G.SEAN MMOKA Commissioner Court F MdJjve OjTcer 10075 Levan Ave., Suite 301 Truckee CA 96161 (530) 582-7835 Fax (530) 582-7875 NEVADA COUNTY SUPERIOR COURT ALTERNATJVE DISPUTE RESOLUTION INEORAtAT10N SHEET Many cases can be resolved to the satisfaction of all parties without the necessity of traditional litigation,which can be expensive,time consuming,and stressful. The Court finds that it is in the best interest of the parties that they participate in alternatives to traditional litigation,including arbitration or mediation. Therefore,all matters shalt be referred to an appropriate form of Alternative Dispute Resolution (ADR)before they are set for trial, unless there is good cause to dispense with the ADR requirement. inat is 4DR? ADR is the general term for a wide variety of dispute resolution processes that are alternatives to litigation. Types of ADR processes include mediation,arbitration and settlement conferences, among other forms. 4rlat are the advantages of choosing,?DR i.*ulead of lifigation? ?_DR can save time. A dispute can be resolved in a matter of months, or even weeks, while litigation can take years. ADR can ssae money. Attorneys,fees,court costs, and expert fees can be reduced or avoided altogether. ADR provides more participation. Parties have more opportunities with ADR to express their interest and concerns,instead of focusing exelusively on Segal rights. ADR provides:pore control and flexibility. Parties can choose the ADR process that is most likely to bring a satisfactory resolution to their dispute. ADR can reduce stress. ADR encourages cooperation and communication,while discouraging the adversarial atmosphere of litigation. Surveys of parties who have participated in an A-DR process have found much greater satisfaction than with parties who have gone through litigation. Thal are the main forr s ofADR offered by the Court? M:.tliat' II Is an informal, com€dential process in which a neutral party(the mediator) assists the parties in understanding their own interests,the interests of the other parties and the practical and Iegal realities they all face. The mediator then helps the parties to explore options and arrive at a mutual acceptable resolution of the dispute. The mediator does not decide the dispute,the parties do. Mediation Inay be appropriate when: The parties want a non-adversary procedure; The parties have a continuing business or personal relationship; SUPERIOR. CO U F CALIFORNIA ' l coUN � E BRANCH 100 E 301 C. ANDER.S HOLMER G-SEAN NJ-a-IROKA Judge _ Court Exco ru ive Qfficer. COUNTY OF NEVADA SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION INFORMATION SHEET !✓.any cases can be resolved to the satisfaction of all parties without the necessity of traditional litigation, whdch can be expensive, time concaming,and stressful. The Court finds that it is in the best interest of the parties that they participate in alternatives to traditional litigation,including arbitration or mediation, Therefore, aiI matters shall be referred to an anpropr ate form of AI temative Dispute Resolution(ADR) to fcr e they are set for trial, unless there is good cause to dispense with the ADR requirement. Fyhat is.4D,R? ADR is the general term for a wide variety of dispute resolution processes that are alternatives to litigation_ Types of ADR processes include mediation,arbitration and settlement conferences, among other forms. W7r¢i are the advamages of choosing ADR instead of lidgation? ADR can save time.,A dispute can be resolved in a matter of months, or even weeks, while litigation can take years. ADR can save money. Attorneys'fees, court costs, and expert fees can be reduced or a-voided altogether- rwR prc viir es more paruCipation, pa t;es ha-vc Boric oppo un7itcS -w—ui AvR to c.;:press eir interest and concerns, instead of focusing exclusively on legal rights. ADR provides more control and flesbility. Pa ties caz� choose he ABR process hat is most likely to bring a satisfactory resolution to their dispute. ADR can reduce stress. A£R encourages cooperation and col umunica ion, while discouragirg the adversarial atnosphere of litigation. Surveys of parties N;o have participated is all r1Z).R process have found much cater satisfaction than with DarLtes who have gone through ADR PROCEDURES FOR TIIE COUNTY OF NEVADA SUPERIOR COURT, L Upon filing a complaint, the plaintiff will receive this information sheet from the Superior Court clerk. Plaintiff is expected to include this information sheet at the time of service of the complaint on the defendant. 2. All parties to the dispute may voluntarily agree to take the matter to an ADR process. A stipulation is attached. Par-tics choose and contact their own ADR provider. The court has a binder containing resumes of mediators with both specialized training and experience. This binder is available from the Superior Court Clerk,Law Library and Arbitration Administrator. It is also available on line—Httl2://CQHrts.co.nevad2.ca.usl 3. An initial Case Management Conference will b--scheduled within 150 days of filingthe complaint.later original clerk no later Case Management Conference Statement must be filed with the than 15 days before the scheduled Case Management Conference. The ass',ned Iudge v Il strongly encourage all parties and their counsel to consider and utilize ADR procedures. 4. If the parties voluntarily agree to ADR, the pa.-ties will be requu ed to sign a Stipulation and Order to ADR. The parties may contact an ADR Provider or review the ADR Binder(see item 2 above)for nfor:rz )on an proti i&,s or arrange to speak with Arbitra 582-7835 tion Adm nos rotor(530) 5. Any ADR services shall be paid for by the parties pursuant to a separate ADR fee agrcement. The Judge or ArbitraSon Administrator may screen appropriate cases for a pro bonolmodest rncans referral when a party is mcome eligible. 6. The Court asks for Your cooperation in completing the Mandatory ADR Information Form and relorn to the court within 10 days of completion of the process. The f2�7r1 is attached or is available on-http:/jcourts co Nevada ea n5' Information: To request forms, or for more information contact,Arbitration Clerk; 10075 L avon Ave., Suite 301,Truckee, CA 9616I. (530)582-7835 or fax to(530)582-787i. a t t i �A"fOFI YNN P'�Te W11HOZ I IATTN fa vru », 1.41b und11, iOR CPUXT USE ONLY TGLEF'VIDNE 1�.: SAX�; ATT ,WEY FOR IWJ )r SUPERIOR COURT OF CALIFORNIA, COUNTY DF NEvADA 10075 Levon Avenuel, Suite 301 Truckee,CA 96161 TRUCKEE BRANCH Pfaintiff/Petitio-ner; — Def�.ndantlRe;pon�t STIPULATION AND ORDER TO PARTICIPATE IN ADR Pursuant to CRC§1590J,all parties stipulate to participate in mediation of this case.Any ADR Services shalt be paid for by the Parties pursuant to a separate ADR Fee Agreement. Tyre pa.bes hu'ther stioutate: That L+e appointed as the ow-diator, Address: City,State,Zip: Phone Number. That the court appoint a mediatorr. t is ur)derstoA that the ADR inforrnation Form must be suGmitted by the pa�-tSes and eourset at the Gxtraesion or the case_ .ttorney(s)signing on behaff of their ctieni(s)have been given the auiha6ty to stipulate to mediation- DATE TYP'e OR;K ,W,uE ,yq}rgTt OF Peu'�tt UP.n iT(JFNEY F�F?13TY DATE T-NE OF i'RkSr IJitG $IG{U,P" OF PNRTY OP,A GRit"Y FGP P/.R DATE TYFE CFa Yn'WT.WJ.It SKEIY.PJ2E Or F±JTTY ORhTTDi?N:T FO?P/.FT'Y DATENKEY vRPARTY PROVED. c D: KFx£GF i r1E G1)PE21Dfl CDUR'i STIPULATION AND ORDER TO PARTICIPATE IN ADR AUR-109 NAME Or COURT: CC,i P'iY OF N 'ADiA-Ti U CKEF, 3N^.NCH ADR information Form This form should be, filled out and returned, wifhin 10 days of the resolution of the dispute, fo: 1. Cz se name: -- — No. 2, Type of civil case: ❑PUPD-A,to ' Q PI/PD-Other ❑Contract [_]Other(specify): 3. Date complaint filed _ - - Date case resoNcni _ 4. Date of ADR conference_ - - o'. Number of parties &. Amount in controversy❑$0-$25,000 ❑$25,00,_,L;r,50 0op ®$SQCioC}-$100,060 C]over$100,000(specify): _ T Plaintiffs Attorney [)Cross Cc mplaioanro Attorney 8. [ Defendants Attorney ❑,Cross Defendants Attorney lY.ME NFMc _ aCM>n'ESS — clEe t NJMN_R ). Please indicate your relationship to the dose: ❑Plaintiff Plaintiffs atlomey ❑6efarda^t ❑Defendant's ado,, ❑' 3rd party defendant [� ?rd party defendants a.om ❑ -Y Y Other(specify) ). Dispute resolution process: - — ❑Mediation ❑Arbitration ❑Neutral case evolution Other(sperifyl How was case resolved? '—'--- a- ❑As a direct result of the ADR process. b. ❑As an indirect result of the ADR rocess. c. P ®Resolution was unre., ated to ADR process. Check the closest dollar amount that you estimate you saved (attorneys fees, evert v.itmss fees, and other costs} by us- ing this dispute resolution process ,mpared to resolving this case larough litigation,whet rer by settlement or trial. SO [,�$250 ❑$5W ❑$7Eo ❑$1,000 ❑more than$1,Oo0(speciry):$ if the dispute resolution process cause additional cosC: d a net increase in your costs in this ease, check the closest dollar amount of the ❑$0 ❑$2,5�0 ❑$500 ❑more than$1,009 ❑$750 [�$1,uo0 Check .'he closest number of court days that you estimate the court saved /motia:^s, hearings, conserences, "vial. as a result of this case Ming rerre fed to this dispute resolution process: ❑ '� ❑ 1 d' [�'more than 1 day if the dispute resolution process Caused a net increase in court time for this case, check the Closest number of addtioona/ �curf days -� 0 ❑ 1 day ❑more than 1 day(speory): Jould you Ge witting to consider using this dispute resoluton prar�ss again? [�yesLl i ADR INFORMATION FORM - b,U ®Ipry rwm Y SUMMONS SUM-too (CITACiON JUDICiAL) (SO FO CO° r°sE°"`Y LO PARA USn DE LAC°RTE7 NOTICE TO DEFENDANT: (AViSO AL DEMANDADO): Yv> r it Gh,yF'K nLiC J I=.ITY SRI( 1 and _ (.1 RKr _:..ri �I:J•-';.. .. Lf:L oU 9, h 1.10r 4nc1;1. 15e I I YOU ARE BEING SUED BY PLAINTIFF: rOvo 1(LO ESTA DEMANDANDO EL DEMANDANTE): I =ES. E 'OUSE ON d CALF OF MINOR LTNIDSEY i'GUSE You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a wntten response at this court and have a copy served on the plaintiff.A letter or phone call will not protect you.Your written response must be in proper legal form if you want the court to hear your case.There may be a court form that you can use for your response.You can find these court forms and more information at the California Courts Online Self-Help Center(www.courtmfo.ca.gov/selfhelp),your county law library, or the courthouse nearest you.If you cannot pay the filing fee,ask the court clerk for a fee waiver form.If you do not file your response on time, you may lose the case by default,and your wages,money,and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away.If you do not know an attorney, you may want to call an attorney referral service.If you cannot afford an attorney,you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site(wv✓w.lawhelpcaliforma.mg),the California Courts Online Self-Help Center(www.courtinfo.ea.gov/selfhelp),or by contacting your local court or county bar association. fiene 30 DIAS DE CALENDARIO despu is de que le entregaen esta Citacibn yPapeles legates Para Presentar una respuesta par escrito I I on esta code y tracer que se entregue,una copia at demandante.Una Carta o una ilamada telef6nica no to profegen.Su respuesta par i escrito bane que estar en formate legal correcto si desea que procesen su caso en la Corte.Es posible que haya un formulario que usted pueda usar Para su respuesta.Puede encontrar estos formularies de/a Corte y mas informacion an of Centro de Ayuda de las Cortes its California(www.courtinfo.ca.gowselfhelp,�espanolg, on la biblioteca de/eyes de su condado o en la Corte que le quede mas cerca.Si no Puede pagar la cuota de presentaci6n,pida al secretario de la Corte que le de un formulario de exenci6n de pago de Cuotas.Si no presenta su respuesta a tiempo,puede perder et caso por incumphimiento y la Corte le Poona guitar su sueldo,dinero y bienes sin mas advertencia. Hay nines requisites regales.Es recomendable que flame a on abogado inmediatamente.Si no conoce a un abogado,puede tlamar a un servicio de remision a abogados.Si no puede pagar a on abogado, as posible que cumpla con logs requisites Para obtener servlcias legales gratuitos de on programa de servicios legates sin fines de lucre.Poodle encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,(www.lawhelpcalifernia.org),on of Centro de Ayuda de las Cortes de California, I (www.courtinfo.Ca.govlself/relplespanoll)o porriendose en contacto con/a Corte o of co/egio de abogados locates. he name and address of the court is: I El nonbre A r case N.. 1 i y dir.0 non de/a corFe es : �meo caso, T05/1 SLPEa v'. CGLZ OF CA�IFORNIA COUNmY 0� NEVADA LOG75 LEVON TW The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (S`nomnre /a ireccion y e/t)UMOro de telctono del abogado de/demandante, o del demandante que no tierie abogado_ es): uR,D K. a R, ESu „Rv 174'?49 ` S6 NNER SS <r. DATE ` CA °t fin-^ G.SEnt1 s1:;-1"t',O2fit, �++ F c e) 3 s rU Clerk, by Deputy (Secret CSrio) (Ad)unto) (nor proc,r ofservice of(n(s summons, use Proof or Service of Summons (form POS-C7 C).) (Para prueba de entrega de esta citatrbn use el formulario Proof of Service of Sammons, (POS-010))_ — ---, NOTICE TO THE PERSON SERVED: You are served 1. 0 as an individual defendant 2. 0 aS the person sued under the`ctitious name of (specify) 3 0 on behalf of (specify) under: 0 CCP 416.10(corporation) 0 CCP 416 QO(miner) 0 CCP 4,620(defunctcoroorafon) [,] CCP 416 TO(corservatee) 0 CCP 416..40(association or partnership) 0 CCP 416 ).90 (authorized person Q other (specify): x 4. C] by persona:delivery Ld on ,.,ate 1 . Page 1 of, 4P�v -aSUMMONS —� ,.o.,e,. .-i rocc,re gga <'pb i fro Li 5 e ToRN E Y'��4 f'A� YN I TH OU T -Y 'V111" ba'1;17b' -1d FOR COURT USE ONLY �ED PAI FIR 1 7 14 1-3 11 9 6 3 �P"'N%ER 1 S i'-- J C K F, 6 16, 1 FLETHCN17,NO 5 3 0-5 9 7-5282 AX NO roprc, r 530-587-236 '7 F-M 1 AIL AX)4�CS FOR PLAINTI-, r- IUMe CF COURT SUPERIOR COURT OF CALIFORNIA, COUNTY OF NEVA.DA S-T R&ET ADORE SS 10075 LEVON AVE . VAIUNG ADCRESS c" fUDziP,rKw TRUCKE:-, CA 96161 CRANCH NAME RUCKEE PLAINT! DEFENDANT 0 R T C ��K _J DOESITO 10, iNCLUSIVE COMPLAINT-Personal Injury,Property Damage,Wrong 4 Wrongful Death AMENDED (Number) : Type(check all that apply) MOTOR VEHICLE 0 OTHER (specify) FA Property Damage 0 Wrongful Death Personal Injury LJ Other Damages (specify) Jurisdiction (check all that apply) CASE NUMBER LJ ACTION IS A LIMITED CIVIL CASE Amount demanded L1 does not exceed $10,()00 17-11 exceeds$10,000, but does not exceed $25,000 LJ ACTION IS AN UNLIMITED CIVIL CASE(exceeds$25,000) T05/1898C 0 ACTION IS RECLASSIFIED by this amended complaint LJ from limited to unlimited 1—F-I from unlimited to limited 1 PLAINTIFF (name) L`NTDSEY HOUSE alEeges causes cfacllon against DEFENDANT (,ramo) : ,�Rr,C.KEE DC!�',VMD DUBTTC UTILITY D-STRTr'T 2 This pleading, including attachments and exhibits, consists of the following number of pages: 5 3 Each plaintiff named above is a competent adult a. 171 exceptpaint,ff (name) : LINDSEY HOUSF (1) F-I a corporation qualified to do business in California (2) LJ an unincorporated entity (describe) (3) 0 a public entity (describe) : (4) FXJ a minor 0 an adult (a) Z) for whom a guardian or conservator of the estate or a guardian ad litern has been appointed (b) f-A other(specify): (5) LJ ether (spec)f/) b 7) except'plaintiff (name)') 0(1) a corporation qualified 10 do business in California (2) r-A an unincorporated entry (describe) : i3) F-A aluubhc entity (describe) :4 il 0 a minor FA an aauit (a; F-1 for whom a guardian or conservator of in- estate or a guardian ad Item has been appointed (b) 0 other(specify) (5) LJ other (specify) LJ nformation about additional plaintiffs who are Out competent adults[a shown ir Complaint-Attachment 3 COMPLAINT-Personal In Property §425 -82 �Ro, J:, 22D2' Damage, Wrongful Death Dea�S -M i se S-HORI T171-F TDPIF�, T05/1898C 4 F-1 Plaintiff (name) is doing business Under the fictitious name (specify) and has compiled with the fictitious business name laws 5 Each defendant named above is a natural person a 7'1 except defendant (name) c 0 except defendant (name) TDPTUrD (1) F-111 a business organization, form unknown (1) (J a business organization, form, unknown l2) LJ a corporation (2) 0 a corporation (3) F-111 an unincorporated entity (describe) (3) F-1 an unincorporated entity (describe) (4) Ll a public entity (describe) �4) F-I a public entity (describe) (5) 0 other (specify) (5) F-1 other (specify) d F-1 except defendant (name) d F) except defendant (name) (1) LJ a business organization, form unknown 0) L:J a business organization, form unknown (2) Ll a corporation (2) F—I a corporation (3) LJ an unincorporated entity (describe) (3) 0 an unincorporated entity (describe) a public entity (describe) (4) 0 a public entity (describe) FA other (specify) (5) FJ Other(specify) F-111 information about additional defendants who are not natural persons is contained in Complaint-A-achiment 5. 6 The true names and capacities of defendants sued as Does are unknown to plaintiff. 7 F_J Defendants alno are joined pursuant to Code of Civil Procedure-"often 382 are (names) 8 This court is the proper court because a LJ at least one defendant now resides in its jurisdictional area P LJ the principal Place of business of a defendant corporation or unincorporated association is in its jurisdictional area c 0 injury to Person or damage to Persona!Property occurred in its jurisdictional area, d FA other 'specifl) Plaintiff is required to comply with a claims statute and a LA Plaintiff has complied with applicable claims statutes, or plaintiff is excused from Complying because (specify). COMPLAINT-Personal Injury, Property Damage,Wrongful Death Page 2 of 3 i LE -- GPISIF N,,VIER-R T05/1898C 10 The following causes of action are, attached and the statements above apply to each (each complaint must r.ave one or more causes or action attached) a L) Motor Vehicle b, ['71 General Negligence c LJ Intentional Tort d LJ Products Liability e LJ Premises Liability f F-A Other (specif") 11 Plaintiff has suffered a LJ wage loss b 1-1 loss of use of property I U hospital and medical expenses d Li general damage e La property damage [A loss of earning capacity 9 F-1 other damage (specify) 12 FA The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a LJ listed)n Complaint-Attachment 12 b F I as follows 13 The relief sought in this complaint is within the jurisdiction of this court 14 PLAINTIFF PRAYS forludgment for costs of suit, for such relief as is fair,just, and equitable, and for a (1) r-A compensatory damages (2) 0 punitive damages b The amount of damages is (You must check(1)in cases for persoralinjury or wrongful death) (1) ZI according to proof (2) 0 in the amount of $ 15 0 The paragraphs of this complain*alleged on information and oelief are as follows (specify paragraph numbers) Date r" .. . COMPLAINT-Personal Injury, Property Damage, Wrongful Death P',3 f 3 ti__U S e 982.1 2 SNORT TITLE CASE NUMBER: I PUjP cf_ T05J189$C On CAUSE OF ACTION- Motor Vehicle Page 4 n - — ATTACHMENT TO 0 Complaint 0 Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): L7NDSDY HOUSE, a min^r MV-1. Plaintiff alleges the acts of defendants were negligent, the acts were the 'legal (proximate) cause of injures and damages to plaintiff;the acts occurred on (date) January 17, 20033 at(pface). State Route 89 North @ E . Alder Creek Rd. , Trunk-ee, CFI County 0_� Nevada MV-2. DEFENDANTS a 0 The defendants who operated a motor vehicle are (names). RO—V'R,r CT.LRK © Does 1 to 10 b. ©The defendants who employed the persons who operated a motor vehicle in the course of Moir employment are(names):ROBERT C DRK and TRUCKEE D'CNN R ?JBLIC UTILITY DISTRICT © Does to 10 _ c. ®The defendants who owned the motor vehicle which was operated with their permission are (names): ROBERT CLAoK and TDPUiD 71 Does 1 to 10 d. ©The defendants who entrusted the motor vehicle are (names): TRUCKED DONNER PUBLIC U_ _LITY DISTRICT © Does 1 to 10 e- © The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): RC�ERT '��,ARK 171 Does to 1 C f. 0 The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are 0 listed in Attachment PW-2f 0 as fellows: 0 Dees to If�Ihf�,,,a CAUSE OF ACTION-Motor Vehicle °C° 'Gill_ ho u s e SHORT 1 iTLE, CASE NUMBER HOUSE V. rDPNn, MUM% CAUSE OF ACTION- General Negligence luruaU Page 5 ATTACHMENT TO 171 Complaint Lj Cress-Complaint (Use a separate cause of notion form for each cause of action) GN-1 Plaintiff (name) LINDSEY HCUSE, a minor alleges that defendant Memo TRUCKEE DONNER PUBLIC UTILITY DISTRICT and R03ERT CLARK Does i to 10 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, deendant negligently caused the damage to plaintiff onofay. January 17, 2005 at (oface) A, Ar —I-- by %W a K. (description of reasons for WON) Defendants TRUCKEE 72HOE PUBLIC UTILITY DISTRICT and ROBERT CLARK did so carelessly, recklessly, and negl-dgently, own, renn, iease, maintain, or operate a motor vehicle so as to cause an accident resulting in serious and severe injury tg Plaintiff . CAUSE OF-ACTION-General r,05V ap house - .tTTORNEY OR PARTY ff"HObT ATTORNEY(name,address,phone and fax number) FOR COURT USE ONLY a Superior Court of California, County of Nevada 10075 Levon Avenue, Suite 301 Truckee ca 96161 TRUCKEE BRANCH _: z ( PLAINTIFF: DEBBIE HOUSE ON BEHALF OF Minor LINDSEY HOUSE CR .DEFENDANT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT ROBERT CLARK NOTICE OF CASE MANAGEMENT CONFERENCE CASE NUMBER: -------------- TOS/1898C NOTICE is given that a Case Management Conference has been scheduled as follows: PDate : Time: 9:00 a.m. (APPROXMATELY)TELEPHONIC CALLS ONLY-NO PERSONAL 4/2 8/0 6 APPEARANCES. YOU MUST CONTACT COURT CLERK A WEEK OR TO CONFIRM A SPECIFIC CALL-IN TIME AT(530)582-7835 OTHECIVILDEPARTMENT pliance with Local Rule 4.00.6 required. An Order to Show Cause Re: Sanctions will issue if not completed within 60 days or Application for extension is not sought. LOCATION: 10075 LEVON AVENUE, SUITE 301 TRUCKEE CA 96161 • Notice is given that this case is assigned to Judge C.Anders Holmer for all purposes. • You must file and serve a completed Case Management Statement form cm-110 at least fifteen days before the case management conference(California Rule of Court 212(g)).Strict compliance with California Rules of Court 201.7 required. • You must be familiar with the case and be fully prepared to participate effectively in the case management conference. • At the case management conference the court may make pretrial orders,including the following: o An order establishing a discovery schedule; o A referral of the case to judicial arbitration or some other form of alternate dispute resolution with a date of completion; o An order scheduling exchange of expert witness information; o An order setting subsequent conferences and the trial date; o Other orders to achieve the goals of the Trial Court Delay Reduction Act (Gov-Code §686000 et seq.); • Should the parties comply with California Rules of Court 201.7 and timely file their Case Management Statement,appearance at the case management conference may be waived. 't • For further instructions and information see the Case Management Information Sheet, Dated 11/18/05 � G. SEAN METROKA, CEO by Deputy SUPERIOR COUKT OF THE STATE OF CALaeORN[A County of Nevada, Truckee Branch 7.ANDERS IFOLMER,Judge e SEAN P.DOWUNG `+�..<.+�' G.SEAN METROKA Court&ecutive OfficerCommissioner 10075 Levon Ave., Suite 301 Truckee CA 96161 (530)582-7835 Fax (530)582-7875 CASE MANAGEMENT INFORMATION SHEET PURSUANT TO CALIFORNIA RULES OF COURT 212 • The clerk will set a date for the Case Management Conference at the time the complaint is filed. • The complaint and cross-complaint are to be filed and served pursuant to California Rule of Court 201.7,along with a copy of the Notice of Case Management Conference and the Case Management Information Sheet with attached blank copy of the Case Management Statement. Counsel is also required to serve the Nevada County Superior Court Alternative Dispute Resolution Information Sheet and attached stipulation form. • At least fifteen calendar days prior to the scheduled Case Management Conference,each party shall file with the court and serve on all parties,a completed Case Management Statement. APPEARANCE AT CASE MANAGEMENT CONFERENCE: • Are conducted by telephonic conference calls only. No personal appearances unless directed by the court. Counsel and/or parties appearing without counsel to contact the court approximately a week prior to the Case Management Conference date to get the specific call-in time and directions on the procedure of the conference call. • All parties to have in the court file their Case Management Conference statements to participate in the conference call • The number to call to arrange the specific call-in time and obtain the directions on the conference call procedure is 530/582-7835. ATTORNEY OR PARTY WITHOUT ATTORNEY TAW SO SO,.Bar maMer,and CM-11 D adarossY. fORCWRT USEONtY TELEPHONE ND.: FAx W.to't.,r E-MAIL ADDRESS(Opiorlslj: ATTORNEY FOR(Name): SUPERIOR COURT OF CALIFORNIA,COUNTY OF NEVADA STREETADDRESS: 10075 LEVON AVENUE, SUITE 301 IWIKINGADORESS: SAME CITYANDDPCODE TRUCKEE, CA 96161 BRANCH NAME TRUCKEE BRANCH PLAINTIFFIPETITIONER: DEFENDANTIRESPONDENT: CASE MANAGEMENT STATEMENT CASE NW W. (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is$25,000 exceeds$25,000) or less). A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Time: Dept: Div.: Room: Address of court(Of different from the address above): INSTRUCTIONS:All applicable boxes must be checked,and the specified information must be provided. 1. Party or parties(answer one): a. [= This Statement is submitted by party(name): b. E�:] This statement is submitted jointly by parties(names): 2. Complaint and cross-complaint(10 be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. 1=1 The cross-complaint if any,was filed on(date): 3. Service(to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served,or have appeared,or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) 0 have not been served(specify names and explain why not): (2) E=J have been served but have not appeared and have not been dismissed(specify names): (3) 0 have had a default entered against them(speciry names): c. [=J The following additional parties maybe added(specify names,nature of involvement in case,and the date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (describe,including causes of action): Page I&a Fwm Adopted W Mar "Use -- J�W Cm,,,�wcauk,m;a CASE MANAGEMENT STATEMENT Cap RW 4Ca t CAi i 10(Re¢Jamury t 2!!(S5f mW 212 � PLAINTIFF/PETITIONER: CASE NUXWRt DEFENDANTtRESPONDENT: 10.d. The party or parties are willing to participate in(check all that apply): (1) 0 Mediation (2) O Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12(discovery to close 15 days before arbitration under Cal. Rules of Court,rule 1612) . (3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141A 2(discovery to remain open unti130 days before trial;order required under Cal.Rules of Court,rule 1612) (4) Binding judicial arbitration (5) 0 Binding private arbitration (6) 0 Neutral case evaluation (7) Other(specify): e. This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. 0 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11, g. This case is exempt from judicial arbitration under rule 1601(b)of the California Rules of Court(specify exemption): 11. Settlement conference The party or parties are willing to participate in an early settlement conference(specify when): 12. Insurance a. = Insurance carrier,if any, for party filing this statement(name): b. Reservation of rights: 0 Yes = No c. = Coverage issues will significantly affect resolution of this case(explain): 13.Jurisdiction Indicate any matters that may affect the courts jurisdiction or processing of this case,and describe the status. Bankruptcy = Other(specify): Status: 14. Related cases,consolidation,and coordination a. 0 There are companion,underlying, or related cases. (1)Name of case: . (2)Name of court: (3)Case number. (4)Status: 0 Additional cases are described in Attachment 14a. b. = A motion to consolidate coordinate will be filed by(name party): 5.Bifurcation 0 The party or parties intend to file a motion for an order bifurcating,severing,or coordinating the following issues or causes of action(specify moving party, type of motion, and reasons): i. Other motions 0 The party or parties expect to file the following motions before trial(specify moving party,type of motion, and issues): CASE MANAGEMENT STATEMENT " 3a4 wwr.USCowtrarts.wn nTroRNEv oR PARTywmqur nrTORNEv/Aa,K,sr�re a,.mmrher, /adaesal; ---- CM-020 FOR COURT USE O y TELEPHONE NO- FAX NO{oy v,4, E-MAIL ADDRESS logb.k ATTORNEY FOR(Na -)-- SUPERIOR COURT OF CALIFORNIA,COUNTY OF NEVADA srREuAooREss:10075 LEVON AVENUE, SUITE 301 M 114(iADdiEsS: SAME car Awo zip core-TRUCKEE, CA 96160 DPW"NAME: PLAINTI FF/PETrf IONER: FENDANT/RESPONDENT: EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE CAM W"4W-Pc PLEADING AND 0 ORDER EXTENDING TIME TO SERVE AND 0 ORDER CONTINUING CASE MANAGEMENT CONFERENCE HEARNO DATE: APPLICATION DEPT.: TIME I. Applicant(name): is a 0 plaintiff K 0 cross-complainant c. petitioner d. [3 defendant e. C] cross-deferNiant f. ® respondent 9. 0 other(describe): The complaint or other initial pleading in this action was filed on(date): Applicant requests that the court grant an order extending time for service Of the following pleading: a. 0 complaint b. L) Cmss-camplaint c_ La Petition d- 0 Answer or other responsive pleading e. 0 Other(describe): Service and filing of the pleading fisted in item 3 is presently required to be completed by(date): Previous applications,orders,or stipulations for an extension of time to serve and Me in this action are: a. [J None b. L3 The following(describe all,including the length of any previous extensions): Applicant requests an extension of time to serve and file the pleading fisted in item 3 on the following parties(name each): Pa>,e r a z EX PARTE APPLICATION FOR EXTENSION OF TIM— E ca.w,ra a cart f 1R 1 MY r.20p4I TO SERVE PLEADING AND ORDERS CeanY Essmtia Forms TM , CM-180 ,FORNEY OR PARTYWRf"TARORNEYJMme.MA.Cix mxnEei,antl adkess): r RCOURTUSEONLY ELEPRONE NO-: FAN No.(Opba* -WA ADDRESS(OpWnW, TTORNEYFOR(Name tUPERIOR COURT OF CALIFORNIA,COUNTY OF NEVADA sTREETADOREss 10075 LEVON AVENUE, SUITE 301 W&M1G ADDRESS: SAME crrymozwcom:TRUCKEE, CA 96161 aRkwaNAuE:TRUCKEE BRANCH 1Ai NTIF FlPETIT TONER: EFE NDANT/RESPONDE NTt CASE Ni1A1BER NOTICE OF STAY OF PROCEEDINGS JUDGE: DEM the court and to all parties: Declarant(name): a. [J is 0 the party Q the attorney for the party who requested or caused the stay. b. [] is 0 the plaintiff or petitioner 0 the attorney for the plaintiff or petitioner.The party who requested the stay has not appeared in this case or is not subject to the jurisdiction of this court. This case is stayed as follows: a. 0 With regard to all parties. b. C] With regard to the following parties(specify by name and party designation): Reason for the stay: a. 0 Automatic stay caused by a filing in another court.(Attach a copy of the Notice of Commiencement of Case, the . bankruptcy petition,or other document showing that the stay is fn effect,and showing the court,case number, debtor,and petitioners.) �. [J Order of a federal court or of a higher California court.(Attach a copy of the court order.) 0 Contractual arbitration under Code of Civil Procedure section 1281.4. (Affach a copy of the order directing arbitration.) i. Q Arbitration of attorney fees and costs under Business and Professions Code section 6201.(Attach a copy of the client's request for arbitration showing fining and service.) C] Other. ,re under penalty of perjury under the laws of the State of California that the foregoing is true and correcL —QVPE OR PRINT lDA1E OF DECLARANT) _ �— U�TRE) . Atl1pfA"a""a'°'t't NOTICE OF STAY OFPROCEEDINGS cal.�ACaW,rutena :ow.x w c�st«na ew.laraavy t,zoom n's EssentivJFwms Tu ----- _--- ___ CM-200 ATTORNEY OR PARTY WITHOUT AFTORNEY(Na .STale&v�wmpe5 ap�dC1-ess�_ FOR COOAT USE-ONLY ELEPNONE NO.: FA%No.(cPN,.9: -MA&ADDRESS(Optonaq: TTORNEY FOR jA..X ;UPERIOR COURT OF CALIFORNIA,COUNTY OF NEVADA STREETADORess:10075 LEVON AVENUE, SUITE 301 WkJNG ADDRESS: SAME crrYANDzwcooE TRUCKEE, CA 96161 eaA"RA- E TRUCKEE BRANCH 'LAIN7IFF/PETITIONER: EFENDANT/RESPONDEN : CASE WAAWR NOTICE OF SETTLEMENT JUDGE oErT.: NOTICE TO PLAINTIFF If you have not filed a request for dismissal within 45 days of the date this Notice of Settlement is received by the court or, if the settlement is conditional,within 45 days of the date specified in Rem 1b,the court must dismiss the case unless good cause is shown within that time why the case should not be dismissed. he court,all parties,and any arbitrator or other court-connected ADR neutral involved in this case: This case has been settled.The Settlement is: a. 0 Unconditional.A request for dismissal will be filed within 45 days after the date of the settlement, Date of settlement: b. El Conditional. The seffement agreement conditions dismissal of this matter on the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement.A request for dismissal will be filed no later than(date) Date initial pleading filed: Next scheduled hearing or conference: a. Purpose: T. Date: Time: 'rial date: I. Q No trial date set 0 Date: Time: declare under penalty of perjury under the laws of the State of California that the foregoing is true and corect I OR PRINT u&W OF CJ ATTORNEY LJ PARTYWITHOUTATTORNEIO (SIC,NATURE) ded rOf A'"""d1O1)"'� NOTICE OF SETTLEMENT cal.Rwesdca.,��ae ns :o�.ks d canwma ew Jxuvy t,206gj os EssenUaf Fnmi TII SUPERIOR COURT OF THE STATE OF CALIFORNIA County of Nevada, Truckee Branch ,anl Oi,yf O` C.ANDERS HOLMER,Judge „ua�a,, G.SEAN METROKA SEAN P.DOWLING Court Executive weer Commissioner 10075 Levon Ave., Suite 301 Truckee CA 96161 (530)582-7835 Fax(530)582-7875 NEVADA COUNTY SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION INFORMATION SHEET Many cases can be resolved to the satisfaction of Ali parties without the necessity of traditional litigation,which can be expensive,time consuming,and stressful. The Court finds that it is in the best interest of the parties that they participate in alternatives to traditional litigation,including arbitration or mediation. Therefore,all matters shall be referred to an appropriate form of Alternative Dispute Resolution(ADR)before they are set for trial,unless there is good cause to dispense with the ADR requirement. What is ADR? ADR is the general term for a wide variety of dispute resolution processes that are alternatives to litigation. Types of ADR processes include mediation,arbitration and settlement conferences, among other forms. What are the advantages of choosing ADR instead of litigation? ADR can save time. A dispute can be resolved in a matter of months,or even weeks, while litigation can take years. ADR can save money. Attorneys'fees,court costs,and expert fees can be reduced or avoided altogether. ADR provides more participation. Parties have more opportunities with ADR to express their interest and concerns,instead of focusing exclusively on legal rights. ADR provides more control and flexibility. Parties can choose the ADR process that is most likely to bring a satisfactory resolution to their dispute. ADR can reduce stress. ADR encourages cooperation and communication,while discouraging the adversarial atmosphere of litigation. Surveys of parties who have participated in an ADR process have found much greater satisfaction than with parties who have gone. through litigation. What are the main forms of ADR offered by the Court? Mediation Is an informal,confidential process in which a neutral party(the mediator) assists the parties in understanding their own interests,the interests of the other parties and the practical and legal realities they all face. The mediator then helps the parties to explore options and arrive at a mutual acceptable resolution of the dispute. The mediator does not decide the dispute,the parties do. Mediation may be appropriate when: The parties want a non-adversary procedure; The parties have a continuing business or personal relationship; SUPERIOR COU F CALIFORNIA COUN E BRANCH 100 301 G.SEAN 1 E=OKA C.ANDERS HOLMER Court&e"ive Offleer Judge COUNTY OF NEVADA SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION INFORMATION SHEET Many cases can be resolved to the satisfaction of all parties without the necessity of traditional litigation, which can be expensive,time consuming,and stressful. The Court finds that it is in the best interest of the parties that they participate in alternatives to traditional litigation, including arbitration or mediation. Therefore,all matters shall be referred to an appropriate form of Alternative Dispute Resolution(ADR) before they are set for trial,unless there is good cause to dispense with the ADR requirement. What is ADR? ADR is the general term for a wide variety of dispute resolution processes that are alternatives to litigation. Types of ADR processes include mediation,arbitration and settlement conferences,among other forms. What are the advantages of choosing ADR instead of litigation? ADR can save time.-A dispute can be resolved in a matter of months,or even weeks, while litigation can take years. ADR can save money. Attorneys' fees,court costs,and expert fees can be reduced or avoided altogether. ADR provides more participation. Parties have more opportunities with ADR to express their interest and concerns,instead of focusing exclusively on legal rights. ADR provides more control and flexibility. Parties can choose the ADR process that is most likely to bring a satisfactory resolution to their dispute. ADR can reduce stress. ADR encourages cooperation and communication,while discouraging the adversarial atmosphere of litigation. Surveys of parties who have participated in an ADR process have found much greater satisfaction than with parties who have gone through ADR PROCEDURES FOR THE COUNTY OF NEVADA SUPERIOR COURT. 1. Upon filing a complaint, the plaintiff will receive this information sheet from the Superior Court clerk. Plaintiff is expected to include this information sheet at the time of service of the complaint on the defendant. 2. All parties to the dispute may voluntarily agree to take the matter to an ADR process. A stipulation is attached. Parties choose and contact their own ADR provider. The court has a binder containing resumes of mediators with both specialized training and experience. This binder is available from the Superior Court Clerk,Law Library and Arbitration Administrator. It is also available on line—Httlid/courts co.nevada.ca.usl. 3. An initial Case Management Conference will be scheduled within 150 days of filing the complaint. An original Case Management Conference Statement must be filed with the clerk no later than 15 days before the scheduled Case Management Conference. The assigned Judge will strongly encourage all parties and their counsel to consider and utilize ADR procedures. 4. If the parties voluntarily agree to ADR,the parties will be required to sign a Stipulation and Order to ADR. The parties may contact an ADR Provider or review the ADR Binder(see item 2 above)for information on providers or arrange to speak with Arbitration Administrator(530) 582-7835. S. Any ADR services shall be paid for by the parties pursuant to a separate ADR fee agreement. The Judge or Arbitration Administrator may screen appropriate cases for a pro bonohnodest means referral when a party is income eligible. 6. The Court asks for your cooperation in completing the Mandatory ADR Information Form and return to the court within 10 days of completion of the process. The form is attached or is available on-http•llcourts.co.Nevada.ca.us/. Information: To request forms,or for more information contact,Arbitration Clerk, 10075 Levon Ave.,Suite 301,Truckee, CA 96161. (530)582-7835 or fax to(530)582-7875. ATTORNEY OR PARTY W1ThiqJTARORNEY/N.ux,U.Ye kr MvnDeF anJah)ec<<) _ -- --FORCOURTUSEO Y TELEPHONE NO.: FAX No, ATTORNEY FOR(Narnei; SUPERIOR COURT OF CALIFORNIA,COUNTY OF NEVADA 10075 Levon Avenues,Suite 301 Truckee,CA 96161 TRUCKEE BRANCH PUnBtUPebboner: DefendantlRespondent STIPULATION AND ORDER TO PARTICIPATE IN ADR CAM NUIeEA Pursuant to CRC§1590.1,an parties stipulate to participate n1 mediation of ttus case.Any ADR Services shall be paid for by the Parties Pursuant to a separate ADR Fee Agreement The parties f urdwr stipulate: 0 That be appointed as the mediator, Address: City,State,Zip: Phone Number. That the cant appoint a mediator. is understood It"the ADR information Form must be submitted by Bre parties and counsel at the conclusion of the case. .ttorney(s)signirg on b&W of their cbent(s)have been given the au twily to stipulate to mediation. DATE T DATE SKNXTUM OF PARTY ORATTDR�FOR PARTY DATE OR Fakir SIGMTORF OF P A ORNEY DATE TYPE T PARTY OR ATTORNEY FOR PAM PROVED: TED: THE suPE T a true(Efte Tnruhl STIPULATION AND ORDER TO PARTICIPATE IN ADR Page r d r i Oean's Eese� F=U ADR-101 NAME OF COURT: COUNTY OF NEVADA-TRUCKEE BRANCH ADR Information Form This Corm should be frlled out and returned, within 10 days of the resolution of the dispute,to:' 1. Case name: No. 2. Type of civil case: [J PUPD-Auto - Q PUPD-Other [l Contract [l Other fspecify): ` 3. Date complaint filed Date case resolved 4. Date of ADR conference 5. Number of parties 6. Amount in controversy Q$0-$25,000 Q$25,00o.Wpoo Q$50,000-S100,000 []over$100,rXy0(specily): 7. Q PhaintifPs Attorney Q Cross Complainant's Attorney 8. (l Defendant's Attorney LJ Cross Defendants Attorney w,ue nnr+e �ow+ess :eoor+Ess rtrrmrore rrR r�rtroue rxnreFn >. Please indicate your relationship to the case: Q Plaintiff Q Plairws attorney [l Defendant Q Defendants attorney Q 3rd party defendant Q 3rd party defendant's atiomey Q Other(specify) >- Dispute resolution process; U Mediation QArbitration Q Neutral case evolution C1 Other(specify): '. How was case resolved? a- Q As a direct result of the ADR process. b- Q As an indrect result of the ADR process. c. Q Resolution was unrelated to ADR process. Check the dispute closest dotlarprr amount that you o resolvYou saved (attorneys tees, evert witness fees, and other costs) by us- pule resolution resolving this case through litigation,whether by settlement or trial. Q$0 (�$25o [)$50p Q$750 Q$1,000 Q more than$1,000 s If the dispute resootion f pecity):S Process caused a net additional cost increase in your costs in this case, check the closest dollar amount of the Q$0 Q 5250 Ll 5500 Q$750 Q$1,000 D more than St,000(specify):S Check the closest number of court days that you estimate the court saved (motions, hearings, conferences, trial, etc.) as a result of this case being referred to this dispute resolution process: F Q o Q 1 day Q more than 1 day(specify). { H the dispute resolution process caused a net increase in court time for this case, check the closest number of additional r court days: 0 Q 1 day [J more than 1 day(specify): Vould u yo be willing to consider using this dispute resolution process again? Q Yes Q No ' t i Cog&c � ADR INFORMATION FORM tr+�w uxc t,rs�e! , flay Fum ' an's£ssmI y Fnma TU i