DeclarationCal. Super. - 6th Dist.October 18, 20181 2 3 4 5 6 7 8 9 1p 11 12 13 14 15 16 ~I 17 ~I~ 18 ' 19 20 21 22 23 24 '~ 25 26 27 28 Mark A. Neubauer (SBN 7378) Meredith M. Moss (SBN 1853'57) CARLTON FIELDS, LLP 2029 Century Park East, Suits 1200 Los Angeles, CA 90067-2913 Telephone: (310) 843-6300 Facsimile: (310) 843-6301 Email: mneubauer@carltonfields.com Email: mmoss@ carltonfields.com Attorneys for Defendant Einstein Noah Restaurant Group, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA JAMES HARTLEY, an individual, Plaintiff, Case No.: 18CV336591 DE~LARA'FION OF MARK A. N~UBAUER RE ARBITRATION REVIEW HEARING EINSTEIN NOAH RESTAURANT GROUP, INC., and DOES 1 through 25, Defendants. Assigned to the Honorable Theodore C. Zayner, Dept. 6 Date: January 30, 2020 Time: 10:30 a.m: Dept. D-02 Downtown Superior Court .191 N. First Street San Jose, CA 95113-1090 Complaint filed: October 18, 2018 Pretrial Conference: Not Set Trial Date: ~ Not Set DECLARATION OF MARK A. NEUBAUER RE ARBITRATION REVIEW HEARING 120881371.1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/22/2020 3:53 PM Reviewed By: Tunisia Turner Case #18CV336591 Envelope: 3923916 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INDEX OF EXHIBITS Per California Rule Of Court 3.11100 Exhibit Description Page # 1 Stipulation to Stay Litigation Pending Arbitration; [Proposed] Order, filed January 7, 2019; Order on Sti ulation filed February 8, 2019 3 2 AAA Demand for Arbitration filed February 15, 2019 15 3 Emails from AAA to counsel, requesting status of Arbitration 1 g i DECLARATION OF MARK A. NEUBAUER RE ARBITRATION REVIEW HEARING 120881371.1 1 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 DECLARATION OF MARK A. NEUBAUER I, Mark A. Neubauer, declare: 1. At all times herein mentioned, I ain and have been an attorney with Carlton Fields, LLP, counsel for Defendant Einstein Noah Restaurant Group, Inc. 2. I have been the attorney in the firm primarily responsible, along with my partner, Meredith Moss, Esq., for the handling of this matter. 3. I have personal knowledge of all the facts set forth in this Declaration and, i f called and sworn as a witness at trial or at any other hearing before this Court, would and could testify as set forth in this Declaration. 4. The Complaint in this matter, a wage and hour individual claim, was filed on October 18, 2018. 5. Shortly after I was retained in the case, I advised Plaintiff James Hartley's .counsel, Michael A. Gould, Esq. of Gould &Associates, that the contract of employment between his client and mine included a mandatory arbitration clause. Accordingly, the parties entered into a Stipulation to Stay Litigation Pending Arbitration. A true and correct copy of the Stipulation and Order is attached for the Court's convenience as E~chibit 1. 6. Shortly thereafter, on February 15, 2019, Mr. Hartley, through Mr. Gould's ~ firm, filed a Demand for Arbitration before the American Arbitration Association, a true and correct copy of which is attached hereto as Ea~hibit 2. 7. Thereafter, Mr. Gould and I discussed a basis for resolution of the matter, which he said his client would agree to. However, Mr. Gould would never respond to either me or the American Arbitration Association to confirm that the matter had been resolved. Attempts by the American Arbitration Association to confirm the status of the matter which were sent to Mr. Gould are attached hereto collectively as E~ibit 3. 8. I have recently learned that Gould &Associates had moved successfully to be relieved as counsel in this lawsuit. Neither I nor my firm was ever served with either 1 DECLARATION OF MARK A. NEUBAUER RE ARBITRATIOTV REVIEW HEARING 1 20881371.1 1 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 the Motion or the Order to be Relieved as Counsel. Mr. Gould never sought, however, to be relieved as counsel in the Arbitration. 9. Accordingly, since Mr. Gould and his client have parted ways and Plaintiff Hartley has not responded in any way, it appears Plaintiff Hartley has abandoned his claim and Defendant respectfully requests that this action be dismissed. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 22nd day of January, 2020, at Los Angeles, California / / `/~/ .. . , -, 2 DECLARATION OF MARK A. NEUBAUER RE ARBITRATION REVIEW HEARING 1 20881371.1 EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mark A. Neubauer (SBN 73728) Meredith M. Moss (SBN 185357) CARLTON FIELDS JORDEN BURT, LLP 2000 Avenue of the Stars, Suite 530N Los Angeles, CA 90067-4707 Telephone: (310) 843-6300 Facsimile: (310) 843-6301 Email: mneubauer@carltonfields.com Email: mmoss@ carltonfields.com Attorneys for Defendant Einstein Noah Restaurant Group, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ~ JAMES HARTLEY, an individual, Plaintiff, v. EINSTEIN NOAH RESTAURANT GROUP, INC., and DOES 1 through 25, Case No.: 18CV336591 Defendants. STIPULATION TO STAY LITIGATION PENDING ARBITRATION; [PROPOSED] ORDER Assigned to the Honorable Theodore C. Zayner, Dept. 6 Complaint filed: October 18, 2018 Pretrial Con::erence: Not Set Trial Date: Not Set STIPULATION AND [PROPOSED] ORDER TO STAY LITIGA'CION PENDING ARBITRATION 1 1 63 09787.v1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/7/2019 9:10 AM Reviewed By: A. Barnard Case #18CV336591 Envelope: 2343688 EXHIBIT 1 3 EXHIBIT 1 4 \OOOQQUI-hUJNv-A NNNNNNNNNh-‘r-Ar-Ar-dwr-dh-tr-at-dr-A OONQM-DWNHOGOOQQUl-bWNF-‘O WHEREAS, on or about August 30, 2016, Plaintiff James Hartley (“Plaintiff”) and Defendant Einstein Noah Restaurant Group, Inc. (“Defendant”) entered into a written Arbitration Agreement, a true and correct copy 0f which is attached hereto as Exhibit 1 (the “Arbitration Agreement”); WHEREAS, on 0r about October 18, 2018, Plaintiff filed his Complaint against Defendant in the above-captioned matter (the “Action”); WHEREAS, Plaintiff and Defendant agree that all of the claims alleged in the Complaint in the Action are subj ect to the Arbitration Agreement; THEREFORE, PLAINTIFF AND DEFENDANT HEREBY STIPULATE, BY AND THROUGH THEIR ATTORNEYS OF RECORD, AS FOLLOWS: 1. The Complaint, and all claims and defenses between Plaintiff and Defendant arising out 0f or relating to any aspect 0f Plaintiff’s employment with Defendant, 0r the termination of that employment relationship, shall be ordered t0 individual arbitration, t0 be conducted in accordance with the terms and conditions of the Arbitration Agreement; 2. This Action shall be stayed pending resolution of the arbitration, unless the case is earlier resolved by voluntary dismissal; 3. The Court shall retain jurisdiction over this Action for purposes of confirming and enforcing the arbitration award; and 4. A post-arbitration status conference should be held after July 3 1, 2019 on an available date 0n the Court’s calendar. Dated: January 4, 2019 GOULD & ASSOCIATES /\ Nflmw/ By: \ MICHAEL A. GOULD Attorneys for PlaintiffJAMES HARTLEY 1 STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION ll6309787.vl 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 7, 2019 CARLTON FIELi~S JORDEN BURT, LLP Y M RK A. NE BAUER Attorneys for Def~;nd nt, EINSTEIN NOAH RESTAURANT GROUP, INC. 2 STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 1 16309787.v1 EXHIBIT 1 5 1 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 ORDER The Stipulation of the parties having been considered and good cause appearing therefor, IT IS HEREBY ORDERED: 1. The Complaint, and all claims and defenses between Plaintiff and Defendant arising out of or relating to any aspect of Plaintiff's employment with Defendant, or the termination of that employment relationship, shall be ordered to individual arbitration, to be conducted in accordance with the terms and conditions of the Arbitration Agreement; 2. This Action shall be stayed pending resolution of the arbitration, unless the case is earlier resolved by voluntary dismissal; 3. This Court shall retain jurisdiction over this Action for purposes of confirming and enforcing the arbitration award; and 4. Apost-arbitration status conference is set for , 2019 at _.m. in Department DATED: JUDGE OF THE SUPERIOR COURT 1 STIPULATION AND [PROPOSED]. ORDER TO STAY LITIGATION PENDING ARBITRATION 1 16309787.v1 EXHIBIT 1 6 PROOF OF SERVICE F.R.C.P. 5 / C.C.P. § 1013a(3)/ Cal. R. Ct. R. 2.260 2 3 4 5 6 7 8 9 1~ 1 1 12 13 14 1$ 16 17 18 19 20 21 22 23 24 25 26 27 28 I am a resident of, or employed in, the County of Los Angeles. I am over the age of 18 and not a party to this action. My business address is: Carlton Fields Jor•den Burt, LLP, 2000 Avenue of the Stars, Suite 530N, Los Angeles, California 90067-4707. On January 7, 2019, I served the following listed document(s), by method indicated below, on the parties in this action: STIPULATION TO STAY LITIGATION PENDING ARBITRATION; [PROPOSED] ORDER SEEATTACHED SERVICE LIST BY U.S. MAIL By placing ❑the original / ~ a true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing 2000 Ave of the Stars, Suite 530N, Los Angeles, CA 90067, following ordinary business practices. I am readily familiar with Carlton Fields Jorden Burt, LLP's practice for collection and processing of documents for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. BY ELECTRONIC SERVICE via electronic ding service provider One Legal By electronically transmitting the documents) listed above to One Legal, an electronic filing service provider. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.253, 2.255, 2.260. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on January 7, 2019 at Los Angeles, California. ,~j .~ Maria Rodriguez ~~~ Type or Print Name Signature STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 116309787.v1 EXHIBIT 1 7 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 1'~ 18 19 2U 21 22 23 24 25 26 27 28 SERVICE LIST Michael A. Gould, Esq. Aarin A. Zeif, Esq. Gould &Associates 17822 E. 17th Street, Suite 106 Tustin, California 92780 Telephone: (714) 669-2850 Facsimile: (714) 544-0800 Michael nciq,wageandhourlaw.com Aarin (ce,wa~eandhourlaw.com Attorneys for Plaintiff James Hartley STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 1 16309787.v1 EXHIBIT 1 8 EXHIBIT 1 9 utoNNNNNNNNr-‘r-lr-‘Hr-‘HHHHH oodow-waHowchxun-hmmHo \DOONQUI-bbJNH Mark A. Neubauer (SBN 73728) Meredith M.,Moss (SBN 185357) CARLTON FIELDS JORDEN BURT, LLP 2000 Avenue of the Stars, Suite 530N L03 Angeles, CA 9006741707 Telephone: (310) 843-6300 Facsimile: (310) 843-6301 Email: mneubauer@carltonfields.com Email: mmoss@ carltonfields.com Attorneys forDefendant Einstein Noah - Restaurant Group, Inc. SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY 0F SANTA CLARA JAMES HARTLEY, an individual, Plaintiff, v. EINSTEIN NOAH RESTAURANT GROUP, INC, and DOES l through 25,7 Defendants. Case No.:- 18CV336591 LITIGATION PENDING ARBIT ‘ION; {PROP ED] ORDER A Assigned to the Honorable Theodore C. Zayner, Dept. 6 Complaint filed: October '18, 2018 Pretrial Conibrence: Not Set Trial Date: Not Set S'ITPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 1163097817.“ , EXHIBIT 1 10 \omqmmgwm.‘ NNNNNNNNNHfiHHp-‘HHHHH OOQQ‘Jl-P-UJNWOKOOO‘JOXU'X-b-WNHO WHEREAS, 0n 0r about August 30, 2016, Plaintiff James Hartley (“Plaintiff”) and Defendant Einstein Noah Restaurant Group, Inc. (“Defendant”) entered into a written ‘ Arbitration Agreement, a true and correct copy of which is attached hereto as Exhibit 1 (the “Arbitration Agreement”); WHEREAS, on 0r about October 18, 201 8, Plaintiff filed his Complaint against Defendant in the above-captioned matter (the “Action”); ‘ WHEREAS, Plaintiff and Defendant agree that all 0f the claims alleged in the Complaint in the Action are subject t0 the Arbitration Agreement; THEREFORE, PLAINTIFF AND DEFENDANT HEREBY STIPULATE, BY AND THROUGH THEIR ATTORNEYS OF RECORD, AS FOLLOWS: 1. The Complaint, and all claims and defenses between Plaintiff and Defendant arising out of 0r relating to any aspect ofPlaintiff’s employment With Defendant, 0r the termination of‘that employment relationship, shall be ordered t0 individual arbitration, t0 be conducted in accordance with the terms and conditions 0f the Arbitration Agreement; 2. This Action shall be stayed pending resolution of the arbitration, unless the case is earlier resolved by voluntary dismissal; 3. The Court shall retain jurisdiction over this Action for purposes 0f confirming and enforcing the arbitration award; and 4. A post-arbitration status conference should be held after July 3 1, 20 19 0n an available date on the Court’s calendar. Dated: January 4, 201 9 GOULD & ASSOCIATES l/\/\/\“ MICHAEL A. GOULD Attorneys for PlaintiffJAMES HARTLEY 1 STEPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION [163097375vl EXHIBIT 1 11 \omqmmthH N {\J N N N I\.) N N to >--- H :-I Ha 3-» n-t >- r-A r-L r---u OO fl ON K11 43h DJ [\J b-‘ O \O‘ 00 \1 m LII 4}- UJ N v- O ,1 ’ Dated: January 7, 2019 CARLTON FIELDS JORDEN BURT, LLP rfléc )Zé/W/é/mm A. Nat AUER Attorneys for Defend _ Vt, EINSTEIN NOAH RESTAURANT GROUP, INC. By: 2 STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 116309787.“ EXHIBIT 1 12 \OMQONUIhLUNH N N N N IQ N N N N rd >-- H H r-A r-A H )-s H p-u- 03 \J ON U1 -§ U) [\J r-‘ O \D m ~J O‘x U‘I b DJ N >-‘ O 0RDER The Stipulation of the parties having been considered and good cause appearing ‘ therefor, IT IS HEREBY ORDERED: 1. The Complaint, and all claims and defenses between Plaintiff and Defendant arising out of or relating to any aspect ofPlaimiff’s employment With Defendant, or the termination 0f that employment relationship, shail be ordered t0 individual arbitration, to be conducted in accordance with the terms and conditions 0f the Arbitration Agreement; 2. This Action shall be stéyed pending resolution of the arbitration, unless the case is earlier resolved by voluntary dismissal; 3. This Court shall retain jurisdiction ovcr this Action for purposes of confirming and enforcing the arbitration award; and 4 A-past-arbitration status conference ls set for I{MO 2-9'1-9 atmLM _m in Departmentm DATED: JAN 2 8 2mg Wflflw-d JUDGE 0F THE SWERIOR COURT Mark H. Pierce 1 STIPULATION AND [PROPOSED]. ORDER TO STAY LITIGATION PENDING ARBITRATION 116309737X] EXHIBIT 1 13 \OooxlmUl~bLflNF-‘ NNNNNNNNIQWHMHMHHHs-AH OO‘JQLn-PWNHOKDOO‘JQLh-b-WNHO PROOF OF SERVICE a F.R.C.P. 5 / c.c.P.§ 1013a(3)/ Cal. R. Cr. R. 2.260 I am a resident of, or employed in, the County ofLos Angeleé. I am over the age of 18 and not a party to this action. My business address is: Carlton Fields Jorden Burt, LLP, 2000 Avenue of the Stars, SuiteVSBON, Los Angeles, California 900 67-4707. On January 7, 2019, I served the following listed document(s), by method indicated below, 0n the parties in this action: ' STIPULATION T0 STAY LITIGATION PENDING ARBITRATION; [PROPOSED] ORDER SEEATTACHED SERVICELIST E BY U.S. MAIL g BY ELECTRONIC SERVICE via By placing D the original / E a true copy thereofenclosed in a electronic filing service provider One Legai sealed envelope(s), with postage fully prepaid, addressed as per By electronically transmitting the document(s) listed the attached service list, for collection and mailing 2000 Ave of above‘to One Legal, an electronic filing servicc the Stars, Suite 530N, Los Angeles, CA 90067, following provider. To my knowledge, the transmission was ordinary businass practices. I am readily familiar with Carlton reported as complete and without error‘ See Cal. R. Fields Jordan Burt, LLPS practice for coilection and processing Ct. R. 2.253, 2.255, 2.260. ofd0cuments for mailing. Under that practice, the document is deposited with the United States Postal Service 0n the same day as it i5 collected and processed for maiiing in the ordinary course of business. Ideclare under penalty of perjury under the laws ofthe State of California and the United States of America that the above is true and correct. Executed on January 7, 2019 at Los Angeles, Califomia. I "i = a Maria R0driguez LQIWJ‘M Type 0r Print Name Signatdr'e STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 116309787.v1 EXHIBIT 1 14 KDOquLh-PUJNH t0 N N IQ N N [‘0 N N >--‘ ru- h-l r-- r---~ r-t 1-- H s-t v-A SERVICE LIST Michael A. Gould, Esq. Attomeys'for Plaintiff‘James Hartley Aarin A. Zeif, Esq. Gould & Associates 17822 E. 17th Street, Suite 106 Tustin, California 92780 I Telephone: (714) 669-2850 Facsimile: (714) 544-0800 Michael@wageandh0urlaw.com Aarin@wageandhourlaw.oom STEPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION l 15309787.v1 EXHIBIT 2 AMERICAN ARBITRATION ASSOCIATION° EMPLOYMENT ARBITRATION RULES DEMAND FOR ARBITRATION To ensure your demand is processed promptly, please include a copy of the Arbitration Agreement, Plan or Contract. Mediation: If you would like the AAA to contact the other parties and attempt to arrange mediation, please check this box ❑. Name of Claimant: James Hartley Address: 764 Nevin Way #3 City: San Jose State: California ~ Zip Code: 95128 Phone No.: 650-771-0897 Fax No.: Email Address: Representative's Name (if known): Michael A. Gould & Aarin A. Zeif Firm (if applicable): Gould &Associates Representative's Address: 17822 .E. 17th St., Suite .106 City: Tustin State: California ~ Zip Code: 92780 Phone No.: 714-669-2850 Fax No.: 714-544-0$00 Email Address: Aarin@wageaudhourlaw.com .. .- Name of Respondent: Einstein Noah Restaurant Group, Inc. Address: 555 Zang St., Suite 300 City: Lakewood State: California ~ Zip Code: 80228 Phone No.: 408-298-8953 Fax No.: Email Address: Representative's Name (if known): Mark Neubauer and Meredith Moss Firm (if applicable): Carton Fields Jorden Burt LLP Representative's Address: ?000 Avenue of the Stars, Suite 530N City: Los Angeles State: California ~ Zip Code: 90067 Phone No.: 3 L0-843-6300 Fax No.: 310-843-6301 Email Address: tnnewbauer@carltonfields.cam; mmoss@carltonfields.com Claim: What was/is the employee/worker's annual wage range? ❑Less than $100,000 ❑ $100,000-$250,000 ❑Over $250,000 Note: This question is required by California law. Amount of Claim: Claim involves: C~J Statutorily Protected Rights ❑Non-Statutorily Protected Rights EXHIBIT 2 15 AMERICAN ARBITRATION ASSOCIATION° EMPLOYMENT ARBITRATION RULES DEMAND FOR ARBITRATION In detail, please describe the nature of each claim. You may attach additional pages if necessary: (1) failure to pay OT (LC 510); (2) failure to provide meal and rest (LC 512 and 226.7; (3) failure to pay all wages at termination (LC 203); (4) failure to provide wage statements (LC 226); (5) unfair business practices (BP Code 17200); (6) failure to pay minimum wages (LC 1197); and (7) failure to provide employment records (LC 1198.5). Other Relief Sought: ❑Attorneys Fees D Interest ❑Arbitration Costs ❑Punitive/ Exemplary ❑ Other: Please describe the qualifications for arbitrators) to hear this dispute: Arbitrator expereince in employment law. Hearing: Estimated time needed for hearings overall: hours or 3 days Hearing Locale: San Jose (check one) O Requested by Claimant ❑Locale provision included in the contract Filing Fee requirement or $300 (max amount per AAA) Filing by Company: ❑ $2,200 single arbitrator ❑ $2,800 three arbitrator panel Notice: To begin proceedings, please send a copy of this Demand and the Arbitration Agreement, along with filing fee as provided for in the Rules, to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. yen :the original Deman to ~be~tespondent. Sign 4ure (.',,ay f~, ~ i~ned by a rep es ntafly~~ Date: ~i'l~✓~i~ ~~ ~~+ 2/15/19 Pursua to Section 1284.3 of the Califp is de of Civii Procedure, consumers with a gross monthly income of less than 300% of the federal poverty guidelines are ent~~tl d to waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to ali consumer agreements subject to the Ealifor a Arbitration Act, and to all consumer arbitrations conducted in California. Only those disputes arising out of employer plans are included in the consumer definition. If you believe that you meet these requirements, you must submit to the AAA a declaration under oath regarding your monthly income and the number of persons in your household. Please contact the AAAs Western Case Management Center at1-800-778-7879. If you have any questions regarding the waiver of administrative fees, AAA Case Filing Services can be reached at 877-495-4185. Please visit our website at www.adr.ora if you would like to file this case online. AAA Customer Service can be reached at 800-778-7879. EXHIBIT 2 16 1 PROOF OF SERVICE BY MAIL - 1013a and 2015.5 C.C.P. 2 I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the 3 United States and employed in the County of Orange, over the age of eighteen years and not a party to the within action or proceeding; that my business address is GOULD &ASSOCIATES, q. 17822 E. 17t~' Street, Suite 106, Tustin, CA 92780; and that on February 19, 2019 I served the within: 5 • DEMAND FOR ARBITRATION 6 Hartley v. Einstein Noah Restaurant Group, Inc ~ in this action or proceeding by depositing a true copy thereof in a sealed envelope with postage fully prepaid, in a mail box regularly maintained by the Govermnent of the United States, at g Tustin, California, addressed and to the interested parties in this action as follows: g Mark A. Neubauer Meredith M. Moss 10 Carlton Fields Jorden Burt, LLP 2000 Avenue of the Stars, Suite 530N 1 1 Los Angeles, CA 90067 12 American Arbitration Associations Case Filing Services 13 1101 Lauel Oak Rd, Sutie 100 Voorhees, NJ 08043 14 I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct. 16 Executed on February 19, 2019 at Tustin, California. 17 18 19 f, ~J` <-- ~` 20 Mor~anf, mith 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE EXHIBIT 2 17 EXHIBIT 3 From: AAA Daphne Crayne Sent: Tuesday, October 8, 2019 8:28 AM To: AAA Daphne Crayne ; 'Michael Gould' Cc: Neubauer, Mark A. ; arin@wageandhourlaw.com; Moss, Meredith M. ; Aarin Zeif Subject: RE: lames Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 Good morning, Please advise if the settlement has been finalized. Thank yau, Robyn Young on behalf of AAA Daphne Crayne Manager of ADR Services Am~ric~an Aa~bitr~ztion ~ssociatio~z r[': SS9 ~19(~ 1.911 I~': f355 4.33 :3016 E';: DaphneCrayneCu~r~~lr.org 4`> E': l~tivc~z~ Park Place tN~st, Smite 3~&, F~z~esna, C!~ 937 0 adi•.c~z~~~ ~ icdi•.«i'„; ~ _3~ars~ec~iatiari.~~r~m The information in this transmittal (including attachments, if any) is privileged and/or confidential and is intended only for the recipients) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply emai]and destroy all copies of the transmittal. Thank you. From: AAA Daphne Crayne Sent: Monday, August 26, 2019 8:03 AM To:'Michael Gould' Cc: Neubauer, Mark A. ; arin@wa~eandhouriaw.com; Moss, Meredith M. ; Aarin Zeif Subject: RE: James Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 ~• Please advise if the settlement has been finalized end if we can close our file at this time. Thank you, EXHIBIT 3 18 Robyn Young on behalf of AAA Daphne Crayne Manager of ADR Services i,a.l~ol~, Enaplovment & Elc ctic~t7s 7":559 490 1~~1~1~ F: X355 4.33 309~(i I. : D~~~~hneCr<~iyncC~~~~1r~.or~ 4 S ~ Riv~i~ Parlc Place West Suite 3{)8, F'resza~, 0193720 From: AAA Daphne Crayne Sent: Thursday, July 25, 2019 12:53 PM To:'Michael Gould' Cc: Neubauer, Mark A. ; arin@wageandhourlaw.com; Moss, Meredith M. ; Aarin Zeif Subject: RE: James Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 pear all i am following up to see if the settlement has been finalized and if we can class our file at this time. Thank you, Robyn Young on behalf of AAA Daphne Crayne Manager of ADR Services Labo~~, Employment &Elections l̀,: 559 X90 19".1.4 1~~: B5S 433 ~30~{~G i~~: Daphtic~Cr~~yr~eC~adr~.or~ ~I~S E Riven Par~lc Place WesC, SuICe 30 3, Fr•esi~a, CA 9:3720 From: AAA Daphne Crayne Sent: Thursday, June 20, 2019 10:54 AM To: AAA Daphne Crayne ; 'Michael Gould' Cc: Neubauer, Mark A. ; arin@wa~eandhourlaw.com; Moss, Meredith M. ; Aarin Zeif Subject: RE: James Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 Goad morning, am following up to see if the settlement has been finalized. Thank you, Robyn on behalf of AAA Daphne Crayne Manager of ADR Services Lt~bor, ~rnploynlerit &Elections [̀': a9 490 1~J:1~k F: 8~5 ~1~33 304 I : 1?ap17n~:Cz~~yneC~a~~~.~~r~ 4S li 12ivE~i• !'at,lc !'1 Sent: Wednesday, May 15, 2019 10:31 AM To:'Michael Gould' Cc: Neubauer, Mark A. ; arinCa~wa~eandhourlaw.com; Moss, Meredith M. ; Aarin Zeif Subject: RE: lames Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 Thank yau. The AAA will follow up in 30 days of status. Sincerely, Robyn Yaung on behalf of AAA Daphne Crayne Manager of ADR Services laabor-, ~rzlployme~~zl & ~Filc~c:ti~ns T: >S9 4~t30 19"irk ~'; 8 5 ~1~~33 :3046 E: Da~7Pir~et:r~~yneC~adr~.or~g ~l•~ I' Rive~~ Park Place West, S~lit~ 308, Fr~~s~1o, Cn 5~372C) From: Michael Gould Sent: Wednesday, May 15, 2019 10:06 AM To: AAA Daphne Crayne Cc: Neubauer, Mark A. ; arin@wa~eandhourlaw.com; Moss, Meredith M. ; Aarin Zeif Subject: Re: James Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 Yes Michael Gould Sent from my iPhone 714 669 2850 On May 15, 2019, at 9:29 AM, AAA Daphne Crayne wrote: Good morning, Mr. Gould please advise if you are in agreement to placing the matter an hold. Thank you, Robyn Young on behalf ofi AAA Daphne Crayne Manager of ADR Services 1~I11(?1"1CclI1 ~I"'1?112"ctL10T1 f;SSC)C13~1(~t1 l̀': 55th 4~9(~ 14314 F: S>S 433 3046 F: EXHIBIT 3 20 Da~~t~neCr~~yne a aclr.or~ 45 Ir: 1~ZivGz~ Pa1~k I'lacc WEst, 5taite 3{?8, £Fresno, C~ 9372() adz~.~~~~ ~ icdr.az~~ ~ a~azne.diatian.or~ The information in this transmittal (including attachments, if any) is privileged and/or confidential and is intended only for the recipients) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Thank you. From: AAA Daphne Crayne Sent: Friday, May 10, 2019 9:16 AM To: Neubauer, Mark A. ; michael@wa~eandhourlaw.com Cc: arin@wa~eandhourlaw.com; Moss, Meredith M. Subject: RE: James Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 Thank you Mr. Neubauer. Mr. Gould, please confirm if you're in agreement to placing the above matter an hold? AAA Daphne Crayne Manager of ADR Services E,abo~~, Eil~lployn~c.xat ~Z Elections T: SS9 490 "914 E`: 8~5 ~I.33 30~(~6 F: ~7a~~}1neCz•~yr~eC~adr.or~ 45 E River P~~arlc Place West, Sliit~ 30II, Pl~~sr~o, GA 93720 From: Neubauer, Mark A. Sent: Thursday, May 09, 2019 9:02 AM To: AAA Daphne Crayne ; Moss, Meredith M. Cc: michael@wa~eandhourlaw.com; arin@wa~eandhourlaw.com Subject: RE: James Hartley v. Einstein Noah Restaurant Group, inc. -Case 01-19-0000-5113 r .. .. EXHIBIT 3 21 Mark A. Neubauer Attorney at Law 2000 Avenue of the Stars Suite 530 North Tower Los Angeles, California 90067-4707 Direct: 310.843.6310 ~-Fax: 310.843.6311 Direct: 310.651.2148 MNeubauer(c~carltonfields.com (www.carltonfields.com bio ~ vcard Carlton Fields is ISO 27001:2013 certified. Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery. From: AAA Daphne Crayne [mailto:DaphneCrayneCa~adr.org] Sent: Thursday, May 09, 2019 8:44 AM To: Neubauer, Mark A.; Moss, Meredith M. Subject: RE: James Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 Good morning, Phase submit your rank and strikes no later than ~.2pm (noon) today or an arbitrator will be selected with the list provided. Thank you, Robyn Young on behalf of ~ AAA Daphne Crayne Manager of ADR Services ~~n~c:rican Arbitr~Xtian ~ssoci<~tion '1': 553 49~ 1.91~k i~; 35S X133 3046 E: D~aphz~eCz~ Sent: Thursday, May 2, 2019 9:50 AM To: Neubauer, Mark A. ; Moss, Meredith M. Subject: RE: James Hartley v. Einstein Noah Restaurant Group, Inc. -Case 01-19-0000-5113 EXHIBIT 3 22 1 2 3 i 4 1 S 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE F.R.C.P. 5 / C.C.P. § 1013a(3)% Cal. R. Ct. R. 2.260 I am a resident of, or employed in, the County of Los Angeles. I am over the age of 18 and not a party to this action. My business address is: Carlton Fields, LLP; 2029 Century Park East, Suite 1200, 90067-2913. On January 22, 2020, I served the following listed document(s), by method indicated below, on the parties in this action: DECLARATION OF MARK A. NEUBAU~R RE A1ZI3ITRATION REVIEW HEARING SEE ATTACHED SERVICE LIST ~ BY U.S. MAIL By placing Q the original / ~ a true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing 2029 Century 'ark East, Suite 1200, Los Angeles, CA 90067 following ordinary business practices. I am readily familiar with Carlton Fields, LLP's practice for collection and processing of documents for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on January 22, 2020 at Los Angeles, California. Maria Rodriguez Type or Print Name Signature DECLARATION OF MARK A. NEUBAUER RE ARBITRAT1dN REVIEW HEARING 120881371.1 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mr. James Hartley 764 Nevin Way, #3 San Jose, CA 95128 SERVICE LIST Plaintiff DF,CLARATION OF MA2K A. NEUBAUER RE ARBITRATION REVIEW HEARING 120881371.1