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 System Sys Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/24/2020 10:02 AM Reviewed By: System System Case #1 9CV358511 Envelope: 4070500 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 LAW OFFICES OF ISMAEL D. PEREZ ISMAEL D. PEREZ, State Bar N0. 145985 easy@perezlawoffice.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 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA KAMRAN KHAN, individually and on behalf Case No. 19CV358511 0f all others similarly situated, Assigned t0: Hon. Brian C. Walsh Dept.: I Plaintiff, THE PARTIES’ JOINT CASE VS. MANAGEMENT CONFERENCE STATEMENT 1 through 20, 1nclus1ve, Time: 10:00 a.m_ Defendants. Dept" 1 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 RK Management Group LLC (“Defendant”) by and through their counsel 0f record, submit the following Joint Case Management Conference Statement in advance 0f the Initial Case Management Conference scheduled for February 28, 2020, at 10:00 am. in Department 1 0f the above entitled court. 1. POTENTIAL ADDITIONAL PARTIES: Plaintiff does not intend t0 name any other parties in this case. 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: RK Management Group LLC Defendant’s Counsel: LAW OFFICES OF ISMAEL D. PEREZ Ismael D. Perez, State Bar N0. 145985 easy@perezlawoffice.com 1735 N. First Street, Suite 255 San Jose, California 95 1 12 Telephone: (408) 293-7100 Facsimile: (408) 293-7745 3. DISCOVERY COMPLETED OR PENDING The Parties have not engaged in any formal discovery. 4. POTENTIALLY RELEVANT ARBITRATION: Plaintiff s Position: Plaintiff has brought a PAGA-only, non-arbitrable lawsuit against the Defendant. Williams v. Superior Court, 237 Cal.App.4th 642, 649 (2015). Plaintiff will seek t0 amend his complaint to add class action claims based 0n Defendant’s same alleged unlawful wage and hour practices. If the Parties cannot agree t0 a stipulation, Plaintiff intends t0 file a motion t0 amend his complaint. 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 Plaintiff reasonably believes the purported arbitration agreement produced by Defendant is invalid and unenforceable to compel this action t0 arbitration. Defendant’s Position: Defendants believe that Plaintiff signed a valid arbitration agreement and will file a motion to refer this matter to Arbitration. 5. OTHER RELATED ACTIONS: None currently known t0 the Parties. 6. FACTUAL AND LEGAL ISSUES IN THE CASE: Plaintiff s Position: Whether Plaintiff and aggrieved employees are entitled to penalties pursuant t0 Private Attorneys General Act 0f 2004 (Cal. Lab. Code §§ 2698, et seq.) due to: 1. Defendant’s failure t0 pay Plaintiff and aggrieved employees all overtime wages for all overtime hours worked in excess 0f eight (8) hours per day and/or over forty (40) hours per week; Defendant’s failure to provide Plaintiff and aggrieved employees timely and/or uninterrupted first meal periods When working more than five (5) hours in a day, 0r compensation in lieu thereof; Defendant’s failure to provide Plaintiff and aggrieved employees timely and/or uninterrupted second meal periods when working more than ten (10) hours in a day, 0r compensation in lieu thereof; Defendant’s failure to provide Plaintiff and aggrieved employees lawful rest breaks, 0r compensation in lieu thereof; Defendant’s failure to provide Plaintiff and aggrieved employees accurate itemized wage statements; Defendant’s failure t0 maintain accurate records for Plaintiff and other aggrieved employees; and Defendant’s failure to pay all wages t0 Plaintiff and aggrieved employees due during and upon separation 0f employment. 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 Defendant’s Position: Defendant denies all claims in the complaint and also objects and opposes that this matter proceed as a complex case. It is a simple wage and hour claim brought under the auspicis of a PAGA claims but it is still a wage and hour claim. Defendant Will petition and request that the court deny the designation that this matter is a complex case. 6. ALTERNATIVE DISPUTE RESOLUTION: The Parties are agreeable t0 discussing private mediation at later stage in this case. 10. DISCOVERY: Plaintiff s Position: Plaintiff does not believe that formal phasing 0f discovery is necessary as it tends to create (rather than resolve) discovery disputes regarding what constitutes “merits” discovery. Plaintiff further does not believe discovery should be phased if/when class claims are amended into Plaintiff’s complaint. 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 (“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 if the parties stipulate t0 a protective order restricting the use 0f the contact information t0 purposes of 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 including all employment policies related t0 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 0n behalf of Plaintiff and aggrieved employees. If the Court allows the class claims to be amended into the action, the above issues are also related t0 the class certification requirements t0 Which 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 Plaintiff is entitled t0 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 Cal.App.4th 816, 836 (2000). Defendant’s Position: Once the matter is referred back to normal Case management track, Defendants intend t0 conduct normal and regular discovery, such as Deposition of Plaintiff and Request for Admissions, and Documents. Dated: February 24, 2020 AEGIS LAW FIRM, PC By: /s /JosephM Szilagyi Joseph M. Szilagyi Attorneys for Plaintiff Kamran Khan Dated: February 24, 2020 LAW OFFICES OF ISMAEL D. PEREZ By: /s/Ismael D. Perez Ismael D. Perez Attorneys for Defendant RK Management Group LLC 5 JOINT CASE MANAGEMENT CONFERENCE STATEMENT ©00NO\U14>UJNr-t NNNNNNNNNHHH 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 to 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 February 24, 2020, I served the foregoing document entitled: 0 THE POARTIES’ JOINT CASE MANAGEMENT CONFERENCE STATEMENT on all the appearing and/or interested parties in this action by placing D the original g 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 easv@perezlawoffice.com Attorneysfor Defendants .' RKWNAGEMENTGROUP LLC E (BY MAIL) I am readily familiar With the firm’s practice 0f 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 0f business. I am aware that on motion of 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).) D (BY ELECTRONIC TRANSMISSION) I caused said document(s) t0 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 February 24, 2020, at Irvine, California. / /fidreaW CERTIFICATE OF SERVICE