Facebook, Inc. v. Min Ge et al Document 15: Proof of Service-Mail

Superior Court of California, County of Santa Clara
Case No. 19CV348954
Filed November 14, 2019

BackBack to Facebook, Inc. v. Min Ge et al

Tags No tags have been applied so far. Sign in to add some.

  Formatted Text Tab Overlap Raw Text Right End
Page 1 19CVSanta Clara – Civil
System System
CM-
ATFDRNEY QR PARTY wlTHQUT ATTQRNEY FName, stato Bat numeeo and add assi.
Jeffrey M. Rosenfeld (SBN 222187), Liana W. Chen (SBN 296965)
KRONENBERGER ROSENFELD, LLP
150 Post St., Suite 520, San Francisco, CA YELEPHoNENo 415-955-Fnxflo.roguonatl 415-955-E MAILADDREssioplonag jeff@KR)nternetLaW.COm; liana@KRlnternetLaWCOm
ATT0RNEYFDRIName)
Defendants
sUPERIQR CDURT QF GALIFoRNIA, coUNTY QF
STREETADDRESS 191 N. 1st 5'L
MAILING
ADDREss
cITYAI DzIPcoDE
BPANcHNAME
Santa Clara
191 N. 1st St.
San Jose 951 Downtown Superior Court
PLAINTIFF/PETITIQNER:
DEFENDANT/REsPDNDENT
Facebook, Inc.
TOLocal, Inc., et al.
CASE NUMBER
CASE MANAGEMENT STATEMENT
(Check one):
C
UNLIMITED CASE
(Amount demanded
exceeds $ 25,000)
M
19CV
LIMITED CASE
(Amount demanded is $ 25,or less)
as follows:
Dept.. Time: 10:00 a.m.
A CASE MANAGEMENT CONFERENCE is scheduled
December10,
Date:
Electronically
Filed
FOR COUR T
USE ONLY
by Superior Court of CA,
County of Santa Clara,
on 11/14/2019 3:39 PM
Reviewed By: System System
Case #19CVEnvelope:
Address of court (if different from the address above)
Dlv..'oom:

Notice of intent to Appear by Telephone, by (name)7 Jeffrey M. Rosenfeld
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
~
1.
Party or parties (answer one):
This statement is submitted by party (name):
a.
b. ~V
This statement is submitted jointly by parties (names): Defendants
2.
complaint and cross-complaint (lo be answered oy plaintiffs and cross-complainanls only)
a. The complaint was filed on (date): May 30,
3,
~
~ ~
~
~
~
The cross-complaint,
b.
service
(ro be
~v
All
a.
b.
if
any, was filed on (date)l
answered by plalnliffs and cross-complainants only)
parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
have not been served (specify names and explain why not):
(1)
(2)
have been served but have not appeared and have not been dismissed (specify names):
names)'.
(3)
have had a default entered against them (specify
The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4.
Description of case
Type of case in
EZ
complaint
H
cross-complaint
(Describe, including causes of action):
Plaintiff alieges claims for breach of contract; unlawful, unfair, or fraudulent business practices; and breach of
the implied covenant of good faith and fair deahng against Defendants.
Page I of Form Auop'ed fot MandstoD Use
J duaiCou ulofCaafomta
CM-IiolRe J lyl,2QIII
CASE MANAGEMENT STATEMENT
Cal Rules ol Court,
rules 3 723-3 flwn uotlfls m go
Page 2 CM-PLAINTIFF/PETITIONER
t
Facebook, Inc.
DEFENDANT/RESPONDENT. ToLocai, Inc.,
provide a briefstatement of the case, including any damages. (If personal injury damages are sought, specify the Injuryand
damages claimed, including medical expenses to date (indicate source and amount/, estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. II equitable relief is sought, describe the nature of the relief)
Plaintiff alleges that Defendants violated its terms of service and pages and advertising policies. Plaintiff alieges
claims for breach of contract; unlawful, unfair, or fraudulent business practices; and breach of the implied
covenant of good faith and fair deahng against Defendants. Defendants deny Plaintiffs allegations, that
Defendants engaged in any unlawful conduct, and that any damage resulted to Plaintiff from the alleged conduct.
(If more space is needed, check this box and attach a page designated as Attachment 4b.j
4.
b.
5.
Jury or nonjury trial
The party or parties request
requesting a jury trial):
6.
W a jury trial
Hv
a nonjury tnai.
(If more
than one party, provide the name of each party
~
Trial date
a.
The trial has been set for (date).
b. ~y
No tnal date has been set. This case will be ready for tnai within 12 months of the date of the filing of the complaint (if
not, exp/ainj:
c.
7.
19CV
et al.
Dates on which parties or attorneys
will not
Estimated length of trial
The party or parties estimate that the trial
a
(specify numberj. hours
b.
(short causes) (specify)i
will
be available for tnal (specify dates snd explain reasons for unsvsdabi/ily).
take (check cnej:
~y'ays
~
8.
~
Trial representation (to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
b. Firm:
Address:
Telephone number:
E-mail address:
Additional representation is described
c.
d.
e.
9.
by the attorney or party listed in the caption
f.
in
g.
Attachment 8.
~
by the following:
Fax number
Party represented
Preference
This case is entitled to preference (speci/y code section);
10.
Alternative dispute resolution (ADR)
ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3 221 for information about the processes available through the
coun and community programs in this case.
a.
(1)
EZ
H
provided the ADR information package identified
H
self-represented parties: Party
has
has not eviewed the ADR information package identified in rule 3.221.
Referral to judicial arbitration or civil action mediation (if available).
This rnatter is sublect to mandatory judicial arbitration under Code of Civil procedure section 1141.11 or to evil action
(I)
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory hmit.
(2) For
b.
E
has
For parties represented by counsel: Counsel
has not
the client and reviewed ADR options with the client.
in rule 3.221 to
(2)
(3)
~
~
Plaintiff elects to refer this case to Iudicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil
Procedure section 1141.11.
This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq, (specify exemption).
~Z
CRC 3.811(b)(1); CCP 1775.5.
cu-iie Iney
July u
20ui
CASE MANAGEMENT STATEMENT
Pege

ef 5
Page 3 CM-CASE NUMBER
pLAINTIFF/PETITIONER: Facebook, inc.
19CV
EFENDANT/RESPONDENT: ToLocal, Inc., et ai.
t0.
!
process or processes that the party or parties are wilhng to participate in, have agreed to participate
have already partiwpated in (check a// that apply and provide the specified information/
c. Indicate the ADR
in, or
If the party or parties completing this form in the case have agreed to
The party or parties completing
participate in or have already completed an ADR process or processes,
this form are willing to
ADR
indicate the status of the processes {attach a copy of the part&ca'ADR
in
the
following
participate
processes {checks/I thatapply)r stipu/ation/:
Mediation session not yet scheduled
Mediation session scheduled for (date)r
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date)
Settlement conference not yet scheduled
(2)
Settlement
conference
Settlement conference scheduled for (date):
C
Agreed to complete settlement conference by (date)J
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date)r
{3)
Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judiwal arbitration not yet scheduled
(4) Nonbinding judiwal
arbitration
Judicial arbitration scheduled for (date)r
Agreed to complete iudiciai arbitration by (date):
Judiwal arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private
arbitration
Pnvate arbitration scheduled for (date)r
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date)J
(6) Other (specify):
Agreed to complete ADR session by {date)

ADR completed on (dare):
GM 110 IRev July

0011I
Reee 0 ei
CASE MANAGEMENT STATEMENT
Page 4 cM-
t
Insurance
a. ~v Insurance earner,
~
Reservation of rights:
Coverage issues
b.
c.

ToLocal, Inc., et al
DEFEEIDANT)RESFoiNOENT
11.
CASE NUMBER
Facebook, Inc.
FuuNTiFF)FETmoNER:
9 CV 348
any, for party filing this statement (name); United States Liability Insurance Company
No
Yes
will significantly affect resolution of this case (explain)r
H
if
Z]
Jurisdiction
12.
~
Indicate any matters that may affect the court's junsdiction or processing of this case and describe the status.
Bankruptcy
Other (specify):
M
Status:
13.
~
Related cases, consolidation, and coordination
There are companion, underlying, ar related cases.
a
(1) Name of case:
(2) Name of court:
(3) Case number;
(4) Status:
M Additional cases are described
H
b.
~
A motion to
H
in
Attachment 13a.
consolidate
H
coordinate
will
be filed by (name party):
14. Bifurcation
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)
15. Other
motions
~v'he party
Or
partieS eXpeCt
tO
file
the fOIIOWing matiOna befare trial (SpeCifymOVing party, type
Of matian,
and iSSUBS).
Defendants may file motions to compel discovery as necessary and after attempting to resolve any discovery
issues informally; Defendants may file a motion for summary judgment.
16.
~
Discovery
a
The party or parties have completed
b.
~v
all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Descriotion
Para
Date
Defendants
Defendants
Defendants
c
~
Written Discovery
Third-Party Discovery
Oral Depositions
Perthe code
Perthe cade
Perthe code
The following discovery issues, including issues regarding the discovery of electronically stored information, are
antiapated (specify):
CM 110 [Rav Uatv 1,
CASE MANAGEMENT STATEMENT
Raga
ai
5
Page 5 CM-F)A)N)T)FF(PETmoh)ER
DEFER)DAN)T/RE8PQ)UDEN)T
CASE NUMBER
Facebook, Inc.
19CV
Tobocal, inc., et 81.
~
~
)7. Economic litigation
This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
a.
of Civil Procedure sections 90-98 will apply to this case.
This is a limited civil case and a motion to withdraw the case from the economic )Itigat)on procedures or for additional
b.
discovery will be filed (il checked, explain specifically why economic kligalion procedures relating to discovery or trial
should nor apply lo this case):
18. Other
issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The parties are involved in active settlement negotiations and request that the Court continue the case
management conference to a later date at the Court's convenience.
19. Meet and confer
a, ~y The party or parties have met and conferred with all parties on a)I subiects required by rule 3.724 of the Cakfornia Rules
of Court (if nol, explain):
b.
After meeting and confernng as required by rule 3.724 of the Ca))fern)a Rules of Court, the parties agree on the following
(speci ly):
20. Total number of pages attached (ilany):
am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, inc.uding the written authonty of the party where required.
I
Date: November 14,
Jeffrey
M.
Rosenfeld
PE OFI PRINT NAIA E)
RYPE CFI PRINT NAME)
CM-fig )Ra July i. 20«)
isIGNATURE CF )AM(TY
~
oR ATTORNEY)
(SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached
CASE MANAGEMENT STATEMENT
Page 5 of
Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 
PlainSite
Sign Up
Need Password Help?