Statement Case Management ConferenceCal. Super. - 6th Dist.November 15, 201910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1QCV358511 Santa Clara - Civil AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar No. 218672 SAMUEL A. WONG, State Bar No. 217 1 04 JESSICA L. CAMPBELL, State Bar No. 280626 JOSEPH. M. SZILAGYI, State Bar No. 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 on behalf of all others similarly situated LAW OFFICES OF ISMAEL D. PEREZ ISMAEL D. PEREZ, State Bar N0. 145985 easy@perezlaw0ffice.com 1735 N. First Street, Suite 255 San Jose, California 95 1 12 Telephone: (408) 293-7 1 00 Facsimile: (408) 293-7745 Attorneys for Defendant RK Management Group LLC System Sy Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/7/2020 8:43 AM Reviewed By: System System Case #1 9CV358511 Envelope: 4727254 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA KAMRAN KHAN, individually and 0n Case No. 19CV358511 behalf 0f all others similarly situated, Assignedfor allpurposes t0: Plaintiff, Hon. Brian C. Walsh Dept. I vs. THE PARTIES’ JOINT CASE RK MANAGEMENT GROUP LLC; and MANAGEMENT CONFERENCE DOES 1 through 20, inclusive, STATEMENT Defendants Date: August 14, 2020 Dept: 1 Time: 10:00 am. stem JOINT CASE MANAGEMENT CONFERENCE STATEMENT 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 RK Management Group LLC (“Defendant”) by and through their counsel 0f record, submit the following Joint Case Management Conference Statement in advance 0f the Case Management Conference scheduled for August 14, 2020, at 10:00 a.m. in Department 1 0f the above entitled court. 1. CASE UPDATE: Plaintiff initiated the foregoing wage and hour action alleging Violations of the Private Attorneys General Act 0f 2004 (“PAGA”). On July 31, 2020, the Court granted Plaintiff’s Motion for Leave to Amend to file the Second Amended Complaint to add class claims. Accordingly, Plaintiff’s operative complaint alleges Defendant failed t0 pay Plaintiff and putative class members all overtime wages; failed t0 provide Plaintiff and putative class members With lawful meal periods, or compensation in lieu thereof; failed to provide Plaintiff and putative class members With lawful rest breaks, or compensation in lieu thereof; failed to provide Plaintiff and putative Class members with accurate itemized wage statements; failed t0 maintain accurate records; failed to pay all wages to Plaintiff and putative class members due during and upon separation of employment; violated the Business and Professions Code §§ 17200, et seq.; and violated the Private Attorneys General Act of 2004. 2. DISCOVERY: Plaintiff” s Position: Plaintiff requests the Court lift the current stay 0n Discovery in its entirety. Plaintiff does not believe that formal phasing of discovery is necessary as it tends t0 create (rather than resolve) discovery disputes regarding what constitutes “merits” discovery. Through formal discovery, Plaintiff Will seek names, dates of employment, addresses, telephone numbers and email addresses for all non-exempt employees who worked for Defendant in California (“putative class members”) during the class period. Specifically, Plaintiff will seek putative class member testimony regarding Defendant’s compensation, timekeeping, and meal and rest period policies and practices. In that regard, Plaintiff would be open to utilizing the Belaire-West notice process, but does not believe such a procedure is necessary if the parties stipulate t0 a protective order restricting the use 0f the contact -1- JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 information t0 purposes 0f this litigation. 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 inclusive 0f all employment policies related to putative class members in effect during the liability period. Plaintiff also intends t0 depose Defendant’s corporate representative, designated as the person most knowledgeable With respect to Defendant’s compensation and timekeeping policies and practices, and meal and rest break policies and practices, as related to the Claims in this lawsuit. These issues are specifically related t0 the class certification requirements t0 which Plaintiff is entitled to discover, such as commonality, typicality, and adequacy, as well as general wage and hour issues in this matter, “before the case is certified, not after.” Bartold v. Glendale Federal Bank, 81 Ca1.App.4th 816, 836 (2000). Defendant’s Position: This matter is not at issue as the court recently granted Plaintiffs motion t0 file a Second Amended Complaint. Defendant Will either file an answer t0 the Second Amended Complaint 0r file a demurrer and/or request for arbitration. Thus, Defendant requests a continuance 0f the Case Management Conference until all pleading challenges have been decided. 3. ARBITRATION: Plaintiff” s Position: Plaintiff disputes the validity and enforceability 0f the purported arbitration agreement produced by Defendant t0 compel this action to arbitration. Defendant’s Position: Plaintiff signed an arbitration clause t0 decide all employment matters through binding Arbitration and believes it is valid. -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 Dated: August 7, 2020 Dated: August 7, 2020 AEGIS LAW FIRM, PC /S /JosephM Szilagyi Joseph M. Szilagyi Attorneys for Plaintiff Kamran Khan LAW OFFICES OF ISMAEL D. PEREZ /s/ Ismael D. Perez Ismael D. Perez Attorneys for Defendant RK Management Group LLC -3- 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 Dn've, Suite 100, Irvine, California 92618. On August 7, 2020, I served the foregoing document entitled: o THE PARTIES’ JOINT CASE MANAGEMENT CONFERENCE STATEMENT on all the appearing and/or interested parties in this action by placing D the original E a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ismael D. Perez LAW OFFICES OF ISMAEL D. PEREZ 1735 N. First Street, Suite 255 San Jose, CA 951 12 Tel.: 408.293.7100 Fax: 408.293.7745 eas erezlawoffice.com Attorneysfor Defendants .' RKMANAGEMENT GROUP LLC 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 on that same day With postage thereon fully 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 0r 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(a).) 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 to 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(0).) g (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served Via electronic transmission t0 the addressee(s) listed above 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).) I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 7, 2020, at Irvine, California. Ma Andrea Drocco CERTIFICATE 0F SERVICE