Statement Case Management ConferenceCal. Super. - 6th Dist.October 16, 201910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1QCV357085 Santa Clara - Civil System Sys Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/1/2020 11:07 AM Reviewed By: System System Case #1 9CV357085 Envelope: 4536081 AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar N0. 218672 khaque@aegislawfirm.com SAMUEL A. WONG, State Bar No. 217 1 04 swong@aegislawfirm.com JESSICA L. CAMPBELL, State Bar No. 280626 jcampbell@aegislawfirm.com JOSEPH. M. SZILAGYI, State Bar N0. 317450 jszilagyi@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Attorneys for Plaintiff Kamran Khan, individually and 0n behalf 0f all others similarly situated COSTANZO LAW FIRM, APC Lori J. Costanzo, State Bar N0. 142633 Adriana C. Moore, State Bar No. 146121 amoore@costanzo-law.com 111 W. St John St., #700, San Jose, California 95 1 13 Telephone: (408) 669-4251 Facsimile: (408) 993-8496 Attorney for Defendant Arena Hotel Investments, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA KAMRAN KHAN, individually and 0n behalf Case No. 19CV357085 0f all others similarly situated, Assigned t0: Hon. PatriciaM Lucas Dept.: 3 Plaintiff, THE PARTIES’ JOINT CASE VS MANAGEMENT CONFERENCE ' STATEMENT PARTNERS, INC.; and DOES 1 through 20, Time: 10:00 a.m_ inclusive, Dept: 3 Defendants. JOINT CASE MANAGEMENT CONFERENCE STATEMENT tem 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Kamran Khan (“Plaintiff”) and Defendant Arena Hotel Investments, Inc. (“Arena”) by and through their counsel of record, submit the following Joint Case Management Conference Statement in advance of the Initial Case Management Conference scheduled for July 17, 2020, at 10:00 am. in Department 3 0f the above entitled court. 1. POTENTIAL ADDITIONAL PARTIES: Plaintiff has filed proof 0f proper service of process onto Defendant LNS Partners, Inc., Who has not yet appeared in this matter. Plaintiff’s counsel is attempting to contact the attorney who advised they were retained to represent LNS Partners, Inc. LNS Partners, Inc. is a payroll service used by Arena. Plaintiff and Arena d0 not intend t0 name any other parties in this case at this time. 2. PARTIES AND COUNSEL: Plaintiff: Kamran Khan Plaintiff” s Counsel: AEGIS LAW FIRM, PC Kashif Haque, khaque@aegislawfirm.com; Samuel A. Wong, swong@aegislawfirm.com; Jessica L. Campbell, jcampbell@aegislawfirm.com; Joseph M. Szilagyi, jszilagyi@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Defendant: Arena Hotel Investments, Inc. COSTANZO LAW FIRM, APC Lori Costanzo, State Bar N0. 142633 Adriana C. Moore, State Bar N0. 146121 amoore@costanzo-law.com 111 W. St John St, #700, San Jose, California 95 1 13 Telephone: (408) 669-4251 Facsimile: (408) 993-8496 3. DISCOVERY COMPLETED OR PENDING Plaintiff has served formal discovery, including Request for Production 0f Documents and Special Interrogatories onto Arena. Counsel for Plaintiff and Arena stipulated t0 an extension for formal responses pending informal production 0f discovery by Arena as a potential settlement was 2 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 discussed. Arena has readily cooperated and has informally produced documents and information, including policy and practice documents, and payroll records, timekeeping records and contact information for aggrieved employees during the liability period. 4. POTENTIALLY RELEVANT ARBITRATION: The Parties are unaware of any agreement t0 arbitrate the claims in this action. 5. OTHER RELATED ACTIONS: The Parties entered into a Stipulation and Proposed Protective Order granted by this Court on March 11, 2020. 6. FACTUAL AND LEGAL ISSUES IN THE CASE: Plaintiff” s Position: Whether Plaintiff and aggrieved employees are entitled t0 penalties pursuant t0 Private Attorneys General Act 0f 2004 (Cal. Lab. Code §§ 2698, er seq.) due t0: 1. Defendant’s failure t0 provide Plaintiff and aggrieved employees timely and/or uninterrupted meal periods, 0r compensation in lieu thereof; 2. Defendant’s failure t0 provide Plaintiff and aggrieved employees lawful rest breaks, 0r compensation in lieu thereof; 3. Defendant’s failure to provide Plaintiff and aggrieved employees accurate itemized wage statements; 4. Defendant’s failure to maintain accurate records for Plaintiff and other aggrieved employees; and 5. Defendant’s failure to pay all wages to Plaintiff and aggrieved employees due during and upon separation of employment. Defendant’s Position: Defendant denies all allegations and claims in the complaint and, more specifically, has produced information and documents that show: 1. Plaintiff is not an aggrieved Plaintiff; 2. Aggrieved employees were provided with timely and uninterrupted meal periods; 3. Aggrieved employees were provided lawful rest breaks; 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .4> Aggrieved employees were provided with accurate itemized wage statements; 5. Accurate records were maintained for Aggrieved employees; Q Aggrieved employees were paid for a half hour lunch; 7. Plaintiff and aggrieved employees were paid all wages due during their employment or upon separation 0f employment. 7. ALTERNATIVE DISPUTE RESOLUTION: The Parties are agreeable to discussing private mediation at later stage in this case. 8. DISCOVERY: Plaintiff s Position: Plaintiff does not believe that formal phasing 0f discovery is necessary as it tends t0 create (rather than resolve) discovery disputes regarding What constitutes “merits” discovery. Through formal discovery, Plaintiff will and in fact has sought and received the names, dates 0f employment, addresses, telephone numbers and email addresses for all non-exempt employees who worked for Defendant in California (“aggrieved employees”) during the PAGA liability period. Specifically, Plaintiff will seek aggrieved employee testimony regarding Defendant’s compensation, timekeeping, and meal and rest period policies and practices. In that regard, Plaintiff would be open to using a Belaire- West Notice procedure, but does not believe such a procedure is necessary considering the Parties’ stipulated protective order. Additionally, Plaintiff’s discovery will encompass Defendant’s practices, policies and procedures With respect t0 the claims alleged in this lawsuit. Plaintiff Will seek documents including all employment policies related to aggrieved employees in effect during the liability period. Plaintiff also intends t0 depose Defendant’s corporate representative, designated as the person most knowledgeable with respect t0 Defendant’s compensation and timekeeping policies and practices, and meal and rest break policies and practices, as related t0 the claims in this lawsuit, filed on behalf 0f Plaintiff and aggrieved employees. Defendant’s Position: Arena has produced and provided Plaintiff With all information and documents Plaintiff requested in a detailed Data Letter. The response included an 11 page summary letter With tables of 4 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 meal, rest, time cards and payroll information for each and every employee during the liability period. Arena has provided all employment policies, clocked time cards, payroll journal, and position, department, hourly rate and contact information for each aggrieved employee during the liability period including the complete personnel file for Plaintiff Khan. Information and documents provided support Defendant’s position for the proper provision 0f meal and rest breaks. Arena contracts With payroll company Who provided proper itemized wages statements t0 all aggrieved employees. The documents provided show that Plaintiff Khan was overpaid his due wages at the time 0f his separation from employment. Dated: July 1, 2020 AEGIS LAW FIRM, PC By: /s/ Joseph M. Szilagyi Joseph M. Szilagyi Attorneys for Plaintiff Kamran Khan Dated: July 1, 2020 COSTANZO LAW FIRM, APC By: /s/ Adriana C. Moore Adriana C. Moore Attorneys for Defendant Arena Hotel Investments, Inc. 5 JOINT CASE MANAGEMENT CONFERENCE STATEMENT \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 of 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 July 1, 2020, I served the foregoing document entitled: o THE PARTIES’ JOINT CASE MANAGEMENT STATEMENT on all the appearing and/or interested parties in this action by delivering D the originalg a true copy thereof 0n the party(ies) addressed below as follows: CONFERENCE Lori J. Costanzo, SBN 142633 Adriana C. Moore, SBN 146121 COSTANZO LAW FIRM, APC 111 West Saint John Street, #700 San Jose, CA 951 13 Phone: 408.993.8493 Fax: 408.993.8496 C/O Business Filings Incorporated 701 S. Carson St., Ste. 200 Carson City, NV 89701 Agent ofService ofProcessfor.‘ LNS PARTNERS, INC. Email: lori costanzo-law.com amoore@c0stanzo-law.com Attorneysfor Defendant ARENA HOTEL INVESTMENTS, INC. X (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 0n motion of 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 of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein t0 be deposited for delivery t0 a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(C); Fed. R. Civ. Proc. 5(0).) D (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 PERSONAL SERVICE) I delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed. R. Civ. Proc. 5(b)(2)(A)-) CERTIFICATE 0F 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 July 1, 2020, at Irvine, California. drea co -2- CERTIFICATE OF SERVICE