NoticeCal. Super. - 6th Dist.March 25, 20191 Larry W. Lee (State Bar No. 228175) Mai Tulyathan (State Bar No. 316704) 2 DIVERSITYLAWGROUP,P.C. 515 South Figueroa Street, Suite 1250 3 Los Angeles, California 90071 (213) 488-6555 4 (213) 488-6554 facsimile 5 William L. Marder (State Bar No. 170131) Polaris Law Group LLP 6 501 San Benito Street, Suite 200 7 Hollister, CA 95023 (831) 531-4214 8 (831) 634-0333 facsimile 9 Dennis S. Hyun (State Bar No. 224240) HYUN LEGAL, APC 10 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 11 (213) 488-6555 (213) 488-6554 facsimile 12 Edward W. Choi, Esq. SBN 211334 13 LAW OFFICES OF CHOI & ASSOCIATES 515 S. Figueroa St., Suite 1250 14 Los Angeles, CA 90071 (213) 381-1515 15 (213) 465-4885 facsimile 16 Attorneys for Plaintiff and the Class 17 18 19 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 20 ALBERT RAMOS, as an individual and on behalf of all others similarly situated, 21 22 23 24 25 26 27 28 Plaintiff, vs. AMERICAN AIRLINES, INC., a Delaware corporation; and DOES 1 through 50, inclusive, Defendants. 1 Case No. 19CV345120 NOTICE OF ORDER DEEMING CASE COMPLEX AND STA YING DISCOVERY Date: Time: Dept.: July 12, 2019 10:00 a.m. 1 NOTICE OF ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/10/2019 10:44 AM Reviewed By: S. Uy Case #19CV345120 Envelope: 2740812 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. A true and correct copy of the 4 Court's Order Deeming Case Complex and Staying Discovery is attached herewith as Exhibit A. 5 Further, all parties are ordered to pay the complex case fee within ten (10) calendar days of the 6 date of the Order Deeming Case Complex and Staying Discovery. 7 The Case Management Conference is set for July 12, 2019, at 10:00 A.M. in Department 8 1. All counsel are ordered to appear in person. Counsel are ordered to meet and confer in person 9 at least fifteen (15) days prior to the Case Management Conference and discuss the issues set 10 forth in the Order Deeming Case Complex. 11 A Joint Case Management Conference Statement must be filed five (5) calendar days 12 prior to the First Case Management Conference and must include criteria identified in the 13 attached Order Deeming Case Complex. 14 Pending further order of the Court, discovery is stayed. Defendants must file a Notice of 15 Appearance. Any responsive pleadings shall not be filed or served until a date is set at the First 16 Case Management Conference. 17 18 Dated: March 25, 2019 19 20 21 22 23 24 25 26 27 28 DIVERSITY LAW GROUP, P.C. By: 2 ~·· Larry W. Lee Mai Tulyathan Attorneys for Plaintiff and the Aggrieved Employees 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 4/3/2019 9:32 AM Reviewed By: R. Walker Case #19CV345120 Envelope: 2711891 RE: CASE NUMBER: Ramos v. American Airlines. Inc. 19CV345120 ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY WHEREAS, the Complaint was filed by Plaintiff ALBERT RAMOS ("Plaintiff") in the Superior Court of California, County of Santa Clara, on March 25, 2019 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 an purposes, including discovery and trial, to Deportment 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 are available on the Court's website. Pursuant to California Rules of Court, Rule 3.254, the creation and maintenance of the Master Service List shall be under the auspices of ( 1) Plaintiff ALBERT RAMOS, 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 70616(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 (10) 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 Case Management Conference remains set for July 12. 2019 at 10:00 a.m. ln Department l 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 IADR), 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 dote 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 sholl 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 3/8/18. 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. Date: ----'"'-(_-_.L_-_I /_ ~-< (, ~ 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 on 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 California Relay Service. (800) 735-2922. 3 Updated on 3/8/18. 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 PROOF OF SERVICE (Code of Civil Procedure Sections 1013a, 2015.5) STATE OF CALIFORNIA COUNTY OF LOS ANGELES ] ]ss. ] 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 April 10, 2019, 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: American Airlines, Inc. c/o CT Corporation System 818 West 7th Street, Suite 930 Los Angeles, California 90017 Agent for Service of Process 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 April I 0, ~=g~alifomia. 0 p~ t PROOF OF SERVICE
