NoticeCal. Super. - 6th Dist.July 2, 20181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Larry W. Lee (State Bar No. 228175) DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile William L. Marder, Esq. (State Bar No. 170131) Polaris Law Group LLP 501 San Benito Street, Suite 200 Hollister, CA 95023 Tel: (831) 531-4214 Fax: (831) 634-0333 Attorneys for Plaintiff (Additional Plaintiffs Counsel on Next Page) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ALIVIA STRICKLIN, as a proxy for the State of California on behalf of all aggrieved employees, Plaintiff, vs. SECURITY INDUSTRY SPECIALISTS, INC., a California corporation; and DOES 1 through 50, inclusive, Defendants. 1 Case No. 18CV330523 (Assigned for all purposes to the Hon. Brian C. Walsh, Department 1) NOTICE OF ORDER DEEMING CASE COMPLEX AND STA YING DISCOVERY Date: Time: Dept.: October 5, 2018 10:00 a.m. 1 Action Filed: July 2, 2018 None Set Trial Date: NOTICE OF ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/18/2018 10:07 AM Reviewed By: R. Walker Case #18CV330523 Envelope: 1735553 18CV330523 Santa Clara - Civil 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dennis S. Hyun (State Bar No. 224240) HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile Edward W. Choi, Esq. SBN 211334 LAW OFFICES OF CHOI & ASSOCIATES 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 Email: edward.choi@choiandassociates.com 2 NOTICE OF ORDER DEEMING CASE COMPLEX AND ST A YING DISCOVERY 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE THAT the Court has deemed the above-referenced case 3 complex within the meaning of California Rules of Court 3.400. Any party objecting to the 4 complex designation must file an objection and proof of service within ten (10) days of service 5 of the Court's Order Deeming Case Complex and Staying Discovery, a true and correct copy of 6 which is attached herewith as Exhibit A. Further, all parties are ordered to pay the complex case 7 fee within ten (10) calendar days of the date of the Order Deeming Case Complex and Staying 8 Discovery. 9 The Case Management Conference is set for October 5, 2018, at 10:00 A.M. in 10 Department 1. All counsel are ordered to appear in person. Counsel are ordered to meet and 11 confer in person at least fifteen (15) days prior to the Case Management Conference and discuss 12 the issues set forth in the Order Deeming Case Complex. 13 A Joint Case Management Conference Statement must be filed five (5) calendar days 14 prior to the First Case Management Conference and must include criteria identified in the 15 attached Order Deeming Case Complex. 16 Pending further order of the Court, discovery is stayed. Defendants must file a Notice of 17 Appearance. Any responsive pleadings shall not be filed or served until a date is set at the First 18 Case Management Conference. 19 20 Dated: July 18, 2018 21 22 23 24 25 26 27 28 DIVERSITY LAW GROUP, P.C. By: 3 ~~ Larry W. Lee Attorneys for Plaintiff NOTICE OF ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY EXHIBIT A I I SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 N. FIRST STREET SAN JOSE, CA 95113· 1090 Electronically Filed by Superior Court of CA County of Santa Clara, ' TO: FILE COPY on 7/10/2018 3:26 PM Reviewed By: R. Walker Case #18CV330523 Envelope: 1708509 RE: CASE NUMBER: Strlcklln v. Security lndustrv Speclallsts. Inc. 18CV330523 ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY WHEREAS, the Complaint was filed by Plaintiff ALIVIA STRICKLIN ("Plaintiff") in the Superior Court of California, County of Santa Clara, on July 2, 2018 and assigned to Department 1 (Complex Civil Litigation), the Honorable Brian C. Walsh presiding, pending a ruling on the complexity issue; IT IS HEREBY ORDERED that: The Court determines that the above-referenced case is COMPLEX within the meaning of California Rules of Court 3.400. The matter remains assigned, for all purposes, including discovery and trial. to Department 1 {Complex Civil Litigation), the Honorable Brian C. Walsh presiding. The parties are directed to the Court's local rules and guidelines regarding electronic filing and to the Complex Civil Guidelines, which ore available on the Court's website. Pursuant to California Rules of Court, Rule 3.254, the creation and maintenance of the Moster Service List shall be under the auspices of (1) Plaintiff ALIVIA STRICKLIN, as the first-named party in the Complaint. and (2) the first-named party in each Cross-Complaint, if any. Pursuant to Government Code section 706 l 6(c), each party's complex case fee is due within ten (10) calendar days of this date. Plaintiff shall serve a copy of this Order on all parties forthwith and file a proof of service within seven {7) days of service. Any party objecting to the complex designation must file an objection and proof of service within ten 110) days of service of this Order. Any response to the objection must be filed within seven (7) days of service of the objection. The Court will make its ruling on the submitted pleadings. The Cose Management Conference remains set for October 5, 2018 at 10:00 a.m. In Department 1 and all counsel are ordered to attend in person. Counsel for all parties are ordered to meet and confer in person at least 15 days prior to the First Case Management Conference and discuss the following issues: 1 . Issues related to recusal or disqualification; 2. Issues of law that, if considered by the Court, may simplify or further resolution of the case, including issues regarding choice of law; 3. Appropriate alternative dispute resolution (ADR), for example, mediation, mandatory settlement conference. arbitration, mini-trial: Updated on 3/8/ 18. 4. A plan for preservation of evidence and a uniform system for identification of documents throughout the course of this litigation; 5. A plan for document disclosure/production and additional discovery; which will generally be conducted under court supervision and by court order; 6. Whether it is advisable to address discovery in phases so that information needed to conduct meaningful ADR is obtained early in the case (counsel should consider whether they will stipulated to limited merits discovery in advance of certification proceedings), allowing the option to complete discovery if ADR efforts are unsuccessful; 7. Any issues involving the protection of evidence and confidentiality: 8. The handling of any potential publicity issues; Counsel for Plaintiff is to take the lead in preparing a Joint Case Management Conference Statement to be filed 5 calendars days prior to the First Case Management Conference, and include the following: 1. A Statement as to whether additional parties are likely to be added and a proposed date by which all parties must be served; 2. Service lists identifying all primary and secondary counsel. firm names, addresses, telephone numbers, email addresses and fax numbers for all counsel; 3. A description of all discovery completed to date and any outstanding discovery as of the date of the conference: 4. Applicability and enforceability of arbitration clauses, if any; 5. A list of all related litigation pending in other courts, including Federal Court. and a brief description of any such litigation, and a statement as to whether any additional related litigation is anticipated (CRC 3.300): 6. A description of factual and legal issues - the parties should address any specific contract provisions the interpretation of which may assist in resolution of significant issues in the case: 7. The parties' tentative views on an ADR mechanism and how such mechanism might be integrated into the course of the litigation; . 8. Whether discovery should be conducted in phases or limited; and if so, the order of phasing or types of limitations of discovery. If this is· a class action lawsuit. the parties should address the issue of limited merits discovery in advance of class certification motions. To the extent the parties are unable to agree on the matters to be addressed in the Joint Case Management Conference Statement, the positions of each party or of various parties should be set forth separately and attached to this report as addenda. The parties are encouraged to propose. either jointly or separately, any approaches to case management they believe will promote the fair and efficient handling of this case. The Court is particularly interested in identifying potentially dispositive or significant threshold issues the early resolution of which may assist in moving the case toward effective ADR and/or a final disposition. STAY ON DISCOVERY AND RESPONSIVE.PLEADING DEADLINE Pending further order of this Court, the service of discovery and the obligation to respond to any outstanding discovery is stayed. However. Defendant(s) shall file a Notice of Appearance for purposes of identification of counsel and preparation of a service list. The filing of such a Notice of Appearance shall be without prejudice to the later filing of a motion to quash to contest jurisdiction. Parties shall not file or serve responsive pleadings, including answers to the complaint, motions to strike, demurrers. motions for change of venue and cross-complaints until a date is set at the First Case Management Conference for such filings and hearings. Updated on 3/8/ l 8. 2 This Order is issued to assist the Court and the parties in the management of this "Complex" case through the development of an orderly schedule for briefing and hearings. This Order shall not preclude the parties from continuing to informally exchange documents that may assist in their initial evaluation of the issues presented in this Case. Plaintiff shall serve a copy of this Order on all the parties in this matter forthwith. SO ORDERED. ~ CC?n_ Hon. Brian C. Walsh Judge of the Superior Court If you. a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator's office at (408) 882-2700, or use the Court's TDD line. (408) 882-2690 or the Voice/TDD Cafifornia Relay Service, (800) 735-2922. 3 Updated on 3/8/18. 1 2 3 PROOF OF SERVICE (Code of Civil Procedure Sections 1013a, 2015.5) 4 STATE OF CALIFORNIA ] ]ss. 5 COUNTY OF LOS ANGELES ] 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 515 S. Figueroa Street, Suite 1250, Los Angeles, California 90071. On July 18, 2018, I served the following document(s) described as: NOTICE OF ORDER DEEMING CASE COMPLEX AND STA YING DISCOVERY on the interested parties in this action as follows: Security Industry Specialists, Inc. 6071 Bristol Parkway Culver City, CA 90230 Defendant X BY MAIL: by placing the original or X a true and correct copy thereof enclosed, in (a) sealed envelope(s) addressed to the party(ies) listed above or on the attached mailing list. I am readily familiar with the firm's practice for collection and processing of correspondence and other materials for mailing with the United States Postal Service. On this date, I sealed the envelope(s) containing the above materials and placed the envelope(s) for collection and mailing on this date at the address above following our office's ordinary business practices. The envelope(s) will be deposited with the United States Postal Service on this date, in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on July 18, 2018, at Los Angeles, California. ~~ PROOF OF SERVICE Electronically filed by Superior Court of CA, County of Santa Clara, on 7/18/2018 10:07 AM Reviewed By:R. Walker Case #18CV330523 Env #1735553
