Statement Case Management Conference

Cal. Super. - 6th Dist.February 21, 2017

CM 110 - ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state Bar number, and address): FOR COURT USE ONLY Kashif Haque (SBN 218672) Shelly D. SonQ (SBN 312036) AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100, Irvine, CA 92618 TELEPHONE NO., 949-379-6250 FAX NO. (OpUonal)' 949-379-6251 E-MAIL ADDREss (Optional): ssong@aegislawfirm.com ATTORNEY FOR (Name) Plaintiff Shirley Foley SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara srREETADDREss, 191 North First Street MAILING ADDRESS: c1rv ANDziPcooE, San Jose 95113 BRANCH NAME: DTS PLAINTIFF/PETITIONER: Shirley Foley DEFENDANT/RESPONDENT: Quantum Global Technologies, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [ZJ UNLIMITED CASE D LIMITED CASE 17CV306595 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 17, 2018 Time: 10:00 a.m. Dept.: 19 Div.: Room: Address of court (if different from the address above): [ZJ Notice of Intent to Appear by Telephone, by (name): Shelly Song INSTRUCTIONS: All applicable boxes must be checked, and the specified infonmation must be provided. 1. Party or parties (answer one): a. W This statement is submitted by party (name): Shirley Foley b. D This statement is submitted joinUy by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): February 21, 2017 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. W All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 a. Type of case in [ZJ complaint D cross-complaint (Describe, including causes of action): This is a putative class action alleging failure to pay overtime wages, failure to provide meal periods and rest breaks, and failure to pay all wages upon separation of employment. Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 20111 CASE MANAGEMENT STATEMENT Pa e1of5 Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/13/2018 1:52 PM Reviewed By: A. Rodriguez Case #17CV306595 Envelope: 1722521 17CV306595 Santa Clara - Civil CM-110 I- PLAINTIFF/PETITIONER: Shirley Foley CASE NUMBER: DEFENDANT/RESPONDENT: Quantum Global Technologies, LLC 17CV306595 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges that Defendant failed to pay Plaintiff and class members all overtime wages due to Defendant's failure to include bonuses and commissions in calculating Plaintiff's and class members' regular rate of pay. Plaintiff also alleges that Defendant failed to provide lawful meal and rest periods and seeks penalties for Defendant's failure to pay these wages upon separation of employment. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request CZJ a jury trial D a nonjury trial. requesting a jury trial): (If more than one party, provide the name of each party 6. Trial date a. D The trial has been set for (date): b. 0 No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): October 1-12, 2018 (out of country); October 29, 2018- November 9, 2018 (trial). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [ZJ days (specify number): 10-15 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [ZJ by the attorney or party listed in the caption D by the following: a. Attorney: b. Finn: c. Address: d. Telephone number: f. Fax number: e. E-mail address: D Additional representation is described in AttachmentS. g. Party represented: 9. Preference D This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. 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 infonnation about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel 0 has D has not provided the ADR information package identified in rule 3.221to the client and reviewed ADR options with the client. (2) For self-represented parties: Party D has D has not reviewed the ADR infonnation package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D (3) D 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. This case is exempt from judicial arbitration underrule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. JUy 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of5 CM-110 PlAINTIFF/PETITIONER: Shirley Foley CASE NUMBER: - DEFENDANT/RESPONDENT: Quantum Global Technologies, LLC 17CV306595 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this fonm in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): m Mediation session not yet scheduled m D Mediation session scheduled for (date): ( 1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (dale): D Settlement conference not yet scheduled (2) Settlement D D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D D Neutral evaluation scheduled for (date): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (dale): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (dale): D ADR session not yet scheduled D D ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): D ADR completed on (date): CM 110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: Shirley Foley CASE NUMBER: Quantum Global Technologies, LLC - DEFENDANT/RESPONDENT: 17CV306595 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. ( 1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate 14. Bifurcation will be filed by (name party): CM-110 D 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 CZJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff: motion for class certification. 16. Discovery a. D The party or parties have completed all discovery. b. [ZJ The following discovery will be completed by the date specified (describe all anticipated discovery): E§r:!Y. Description Date Plaintiff Plaintiff Plaintiff Written Discovery Depositions Expert Discovery Per Code Per Code Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 6 CM-110 PLAINTIFF/PETITIONER: Shirley Foley DEFENDANT/RESPONDENT: Quantum Global Technologies, LLC CASE NUMBER: 17CV306595 17. Economic litigation a. D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues [l] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties are currently scheduling a mediation date, and have filed a stipulation to continue the Case Management Conference and Plaintiff's deadline to file a class certification motion on July 17, 2018. 19. Meet and confer a. [{]The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court W not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): ___ _ I 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, including the written authority of the party where required. Date: July 13, 2018 Shelly D. Song (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM-110 [Rev. JLJy 1, 2011] (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 6 of5 1 2 3 4 5 6 7 8 9 10 11 12 CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite I 00, Irvine, California 92618. On July 13,2018, I served the foregoing document entitled: • CASE MANAGEMENT STATEMENT on all the appearing and/or interested parties in this action by placing 0 the original [gJ a true copy thereof enclosed in sealed envelope(s) addressed as follows: David F. Faustman Tyreen G. Tomer Tiana Seymore FOX ROTHSCHILD 345 California Street, Suite 2200 San Francisco, CA 94104-2670 Attorney for Defendants: Quantum Global Technologies, LLC 13 [g] 14 (BY MAIL) I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) 15 16 17 18 19 20 21 22 0 0 (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(c).) (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served via electronic transmission to the addressee(s) listed above on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) 23 I declare under penalty of perjury under the laws of the State of California that the 24 25 26 27 28 foregoing is true and correct. Executed on July 13, 2018, at Irvine, California. CERTIFICATE OF SERVICE