Statement Case Management Conference

Cal. Super. - 6th Dist.March 18, 2020

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ZOCV365245 Santa Clara - Civil System Sy Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/1 7/2020 8:35 AM Reviewed By: System System Case #20CV365245 Envelope: 4615077 AEGIS LAW FIRM, PC SAMUEL A. WONG, State Bar N0. 2 1 7 1 04 KASHIF HAQUE, State Bar N0. 218672 JESSICA L. CAMPBELL, State Bar No. 280626 SIMON KWAK, State Bar N0. 297362 9811 Irvine Center Drive, Suite 100 Irvine, California 9261 8 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Email: icampbell@aegislawfirm.com skwak@aegislawfirm.com Attorneys for Plaintiff Araceli Sanchez, individually, and on behalf 0f all others similarly situated. JACKSON LEWIS, PC KEVIN D. REESE, State Bar No. 172992 JANELLE J. SAHOURIA, State Bar No. 253699 50 California St., 9th Floor San Francisco, CA 941 11 Telephone: (4 1 5) 394-9400 Facsimile: (41 5) 394-9401 Email: Kevin.Reese@iacksonlewis.com Janelle.Sahouria@iacksonlewis.com Attorneys for Defendants Emerald Textiles Services, San Diego, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ARACELI SANCHEZ, individually and on Case No. 20CV365245 behalf of all other aggrieved employees, Assignedfor all purposes t0: Hon. Patricia M. Lucas Dept. 3 Plaintiff, VS. JOINT INITIAL CASE MANAGEMENT EMERALD TEXTILES SERVICES, SAN CONFERENCE STATEMENT DIEGO, LLC; EMERALD TEXTILES SERVICES, NORTHERN CALIFORNIA, LLC; and DOES 1 through 20, inclusive, Defendants. Date: July 24, 2020 Time: 10:00 am. Dept: 3 stern JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT Case N0. 20CV365245 U‘IAUJN \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Araceli Sanchez (“Plaintiff”) and Defendant Emerald Textiles Services, San Diego, LLC (“Defendant” or “Emerald San Diego”) (collectively, Plaintiff and Defendant referred to as, the “PaIties”) submit this Joint Initial Case Management Conference Statement in advance 0f the conference set for July 24, 2020, as follows: 1. STATEMENT REGARDING THE ADDITION OF PARTIES At this time, Plaintiff does not intend to add any additional parties. Plaintiff served Defendant Emerald Textiles Services, San Diego, LLC (“Emerald San Diego”) with the summons and complaint, and its counsel filed a Notice 0f Appearance. Counsel for Emerald San Diego agreed to accept service of the summons and complaint Via Notice and Acknowledgement for Defendant Emerald Textiles Services, Northern California, LLC (“Emerald Northern California”). Emerald Northern California has not yet been served. 2. SERVICE LIST Plaintiff is represented by Samuel A. Wong, Kashif Haque, Jessica L. Campbell, and Simon Kwak 0f Aegis Law Firm, PC, 9811 Irvine Center Drive, Suite 100, Irvine, CA 92618, telephone: (949) 379-6250; fax: (949) 379-6251; email: swong@aegislawfirm.com, khaque@aegislawfirm.com, jcampbell@aegislawfirm.com, and skwak@aegislawfirm.com. Defendant is represented by Kevin D. Reese and Janelle J. Sahouria ofJackson Lewis, P.C., 50 California St., 9th Floor, San Francisco, CA 94111; telephone: (415) 394-9400; fax: (415) 394-9401; email: kevin.reese@iacksonlewis.com; ianelle.sahouria@iacksonlewis.com. 3. STATUS OF DISCOVERY Pursuant to the Court’s Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, the Parties have not engaged in formal discovery. a. Defendant’s Position Defendant requests a stay ofdiscovery to allow the Parties time to resolve the fundamental issues relating t0 dismissal of the improper Defendant (Emerald San Diego ), and whether Plaintiff will stipulate to enforcement of the arbitration agreement, which includes a class action waiver. -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 4. ARBITRATION AGREEMENTS a. Plaintiff’s Position: Defendant’s counsel provided a copy 0f an arbitration agreement purportedly entered into by Plaintiff. Plaintiff’s counsel is in the process 0f reviewing the agreement and meeting and conferring with Defendants as t0 whether motion practice will be necessary. b. Defendant’s Position: Plaintiff entered into a binding arbitration agreement on October 11, 2019 that requires Plaintiff to arbitration her claims arising out of her employment with Emerald Northern California. The arbitration agreement includes a class action waiver. If the Parties d0 not reach an agreement, Defendant will file a motion to enforce the arbitration agreement and seek dismissal 0f Plaintiff” s class claims, and stay her PAGA claims pending arbitration. 5. RELATED LITIGATION The Parties are not aware 0f any related litigation pending in other courts. 6. LEGAL AND FACTUAL ISSUES a. Plaintiff’s Position: Plaintiff began working for Defendants as a non-exempt hourly-paid employee in 0r around October 2019. Plaintiff filed this class action lawsuit against Defendants for failing t0 pay all wages, including minimum and overtime wages, failing to provide meal and rest breaks or premiums in lieu thereof, failing to provide accurate itemized wage statements, and failing t0 pay all wages upon the separation 0f employment. Additionally, Plaintiff seeks t0 recover civil penalties pursuant to PAGA. b. Defendant’s Position: Plaintiff is a former employee 0f Emerald Northern California. Emerald San Diego is not a proper party t0 this lawsuit as this entity did not employ Plaintiff. Plaintiff worked for Emerald Northern California from 0n 0r around October 11, 2019 until her employment was terminated 0n or around December 26, 2019 for poor performance. Defendants deny that they violated any Labor Code provisions as alleged by Plaintiff. At all -2- JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 times relevant t0 Plaintiff’s employment, she was paid for all time worked, including overtime, and provided meal and rest breaks and or received meal 0r rest break premiums. She also received accurate itemized wage statements and received all wages owed upon separation 0f her employment. 7. ALTERNATIVE DISPUTE RESOLUTION a. Plaintiff’s Position: Plaintiff is open to early private mediation as long as Defendants are willing to produce adequate information for Plaintiff to evaluate the value of the case, whether through formal 0r informal discovery. b. Defendant’s Position: Given that the parties are currently meeting and conferring regarding Plaintiff suing an improper Defendant (Emerald San Diego) and Whether Plaintiff Will stipulate t0 enforcement 0f the arbitration agreement (which includes a class action waiver), it is premature for the Parties t0 engage in ADR. 8. PHASING OF CLASS DISCOVERY a. Plaintiff’s Position: Plaintiff does not believe formal phasing of discovery 0r production is necessary as it tends t0 create, rather than resolve, discovery disputes regarding what constitutes “merits” discovery. “California law has long made clear that t0 require a party t0 supply proof 0f any claims or defenses as a condition of discovery in support 0f those claims or defenses is to place the cart before the horse.” Williams v. Superior Court (Marshalls 0f CA, LLC), 3 Cal. 5th 531, 551 (2017). Plaintiff requests that the stay be lifted Without formal phasing. b. Defendants’ Position: Defendant requests a stay of discovery to allow the Parties time to resolve the fundamental issues relating t0 dismissal 0fthe improper Defendant (Emerald San Diego), and whether Plaintiff Will stipulate t0 enforcement 0f the arbitration agreement, Which includes a class action waiver. Once discovery does begin, Defendant requests that discovery be phased. -3- JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT .b \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. TIMELINE FOR CASE MANAGEMENT The Parti es propose that the Court set a Further Case Management Conference no earlier than 9O days from the July 21, 2020, Initial Case Management Conference (October 2020). Dated: Juiy 17, 2020 By: i v ,. ' o Kwak Attorneys for Plaintiff Dated: July 17, 2020 JACKSON LEWIS, PC Ja le J. Sahogm A‘orneys for B efendant Emerald Textiles Services, San Diego, LLC 4827-2758-8547, v. 1 -4- JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQON£ll¥UJNHO 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 17, 2020, I served the foregoing document entitled: JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT on all the appearing and/or interested panics in this action by deliveringD the original a true copy thereof 0n the party(ies) addressed below as follows: Kevin D. Reese, (SBN: 172992) Janelle J. Sahouria, (SBN: 253699) JACKSON LEWIS P.C. 50 California St. 9th Floor San Francisco, CA 941 11 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 Kevin.Reese@JacksonLewis.com Janelle.Sahouria@Jacks0nLewis.com Attorneysfor Defendant: EMERALD TEXTILES SERVICES, SAN DIEGO, LLC and EMERALD TEXTILES SERVICES, NORTHERN CALIFORNIA, LLC & /// /// (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 0n that same day with postage thereon fillly prepaid at Irvine, California in the ordinary course 0f 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).) (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice 0f 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(c); Fed. R. Civ. Proc. 5(0).) (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served Via electronic transmission Via the above listed email addresses 0n 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).) (BY PERSONAL SERVICE) I delivered the foregoing document by hand delivery t0 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 on July 17, 2020, at Irvine, California. Andrea Drocco -2- CERTIFICATE OF SERVICE