Conference Case Management

Cal. Super. - 6th Dist.October 16, 2019

Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/24/2021 4:54 PM Reviewed By: System System Case #19CV356777 Envelope: 6509799 19CV356777 Santa Clara - Civil System System NONLh-bww 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 AEGIS LAW FIRM, PC SAMUEL A. WONG, State Bar No. 217104 KASHIF HAQUE, State Bar No. 218672 JESSICA L. CAMPBELL, State Bar N0. 280626 CHELSEA D. HOLLINS, State Bar N0. 305229 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 . Facsimile: (949) 379-6251 Email: chollins@aegislawfirm.com " Attorneys for Plaintiff Carlos Adalberto ngia, individually, and on behalf of all others similarly situate STEPHEN M. FUERCH, SBN 65864 J JAMES G. SCHWARTZ, SBN 69371 Law Offices of Stephen M. Fuerch A Professional Corporation 7901 Stoneridge Drive, Suite 506 Pleasanton, California 94588 Telephone: (925) 463-2575 Facsimile: (925) 847-3079 Attorneys for Defendant J.A. Mornaney Services, Inc. SUPERIOR COURT OF THE STATE 0F CALIFORNIA FOR THE COUNTY OF SANTA CLARA CARLOS ADALBERTO MEJIA, Case No. 19CV356777 individually and on behalf of all others Similarly Situated, Assignedfor allpurposes t0 Hon. Judge PatriciaM Lucas Plaintiff, Dem 3 JOINT STATEMENT FOR JUNE 2, 2021, VS' CASE MANAGEMENT CONFERENCE J.A. MOMANEY SERVICES, INC., a Date: June 2, 2021 California Corporation; and DOES 1 Time: 2:30 pm. through 20, inclusive, Dept; 3 Defendants. JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 N \OOOQQUIAUJ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Carlos Adalberto Mejia (“Plaintiff”) and Defendant J.A. Momaney Services, Inc. (“Defendant”) (collectively, the “Parties”) submit this Joint Statement in advance of the Case Management Conference scheduled for June 2, 2021, as follows: l. SUMMARY OF PROCEDURAL HISTORY Private Attorneys General Act (“PAGA”). The Initial Case Management Conference was held on January 31, 2020. At the initial conference, the Court partially lifted the stay on discovery as to class certification and individual issues and set a hearing on a motion for class certification for August 28, 2020. The parties have submitted multiple requests to continue the class certification deadline due to discovery disputes. Plaintiff’s Motion for Class Certification is set for August l8, 2021. 2. SUMMARY OF CLAIMS PLaintifPs Position: Plaintiff filed this class action lawsuit against Defendant for failing to pay minimum wages, failing to pay overtime wages, failing to provide meal and rest breaks or premiums in lieu thereof, failing to provide accurate itemized wage statements, and failing to pay all wages upon the separation of employment. Additionally, Plaintiff seeks to recover civil penalties pursuant to PAGA. Examples of the violations shown in Plaintiff’s records include unpaid time due to time punches rounded in favor of the employer, late meal periods, and missed second meal periods. After completing class-related discovery, Plaintiff will seek to certify the case as a class action. Defendant’s Position: 3. Defendant denies each and every allegation alleged in the complaint and will vigorously defend class certification. STATUS OF DISCOVERY a. Pending Written Discovery Plaintiff’s Position: After completing an initial round of written discovery, Plaintiff served a second set of -1- JOINT CASE MANAGEMENT CONFERENCE STATEMENT U.) \OOOQQUI-h 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 discovery requests. On December 17, 2020, Plaintiff sent a meet and confer letter identifying deficiencies in Defendant’s responses. Defendant needs to produce the "time clock manual" as agreed, and a privilege log justifying its decision to withhold documents in response to certain requests. Plaintiff also requested clarification of a few responses and contact information for potential witnesses that was withheld from the responses. Plaintiff has also not received a significant portion of document production, including JAMSZl7-4821, JAMS9427-9999, JAMSIOOZ9-1 1429, JAM812831-14812, JAMSI6795-20785. Plaintiff’s current motion to compel deadline is October 29, 2021, 30 days after the Parties attend mediation on September 29, 2021. If the parties have not resolved these issues after the mediation, Plaintiff will request an informal discovery conference. Plaintiff needs this information for the PMK deposition and class certification. Defendant’s Position: Plaintiff has stated they have not received some of the document production which Defendant has stated was delivered through Plaintiff’s portal b. Depositions The Parties have put depositions on hold pending the September 29, 2021 mediation. 4. ALTERNATIVE DISPUTE RESOLUTION The Parties are attending mediation with Jill Sperber on September 29, 2021. 5. MOTION FOR CLASS CERTIFICATION The Parties are in the process of preparing a stipulation to request a continuance of Plaintiff‘s Motion for Class Certification. The Parties expect the stipulation to be filed prior to the June 2, 2021 Case Management Conference. Dated: May _, 2021 AEGIS LAW FIRM, PC By: Jessica L. Campbell Attorneys for Plaintiff Carlos Adalberto Mejia -2-I r J f _ - JOINT CASE MANAGEMENT CONFERENCE ?PATEMENT 1 AWN \OOONQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Mayg 2021 LAW OFFICES OF STEPHEN M. FUERCH By: * ~fl es G. Schwartz ‘ Attorneys for Defendant J.A. Momaney Services, Inc. -3- tI- t JOTNT CKSEMMGEMENT EENFERENCE stTEMEfii‘ \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO CERTIFICATE OF SERVICE I, the undersigned, am employed in the County 0f Orange, State 0f California. I am over the age 0f 18 and not a party t0 the within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On May 24, 2021, I served the foregoing document entitled: 0 JOINT STATEMENT FOR JUNE 2, 2021, CASE MANAGEMENT CONFERENCE 0n all the appearing and/or interested parties in this action by placing D the originalg a true copy thereof enclosed in sealed envelope(s) addressed as follows: James G. Schwartz Stephen M. Fuerch LAW OFFICES OF STEPHEN M. FUERCH 7901 Stoneridge Drive, Suite 506 Pleasanton, California 94588 Telephone: (925) 463-2575 Facsimile: (925) 847-3079 ’im ' schwartz.c0m j gslaw48@gmail.com steve@fuerchlegalcom colleen@fuerchlegal.com Attorneysfor Defendant: J.A. MOMANEY SERVICES, INC. D (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 0n that same day with postage thereon fillly prepaid at Irvine, California in the ordinary course of business. I am aware that on motion 0f the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date 0f deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(0).) D (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice ofAegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein t0 be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(0); Fed. R. Civ. Proc. 5(c).) g (BY ELECTRONIC TRANSMISSION) I caused said document(s) t0 be served Via electronic transmission Via the above listed email addresses 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).) D (BY FACSIMILE TRANSMISSION) I caused said document(s) to be served via facsimile transmission Via the above listed fax number 0n the date below. (Cal. Rules 0f Court Rule 2.306(a)) CERTIFICATE OF SERVICE \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO I declare under penalty of peljury under the laws 0f the State of California that the foregoing is true and correct. Executed 0n May 24, 2021, at Irvine, California. An rocco -2- CERTIFICATE OF SERVICE