Statement Case Management ConferenceCal. Super. - 6th Dist.March 18, 2020flO‘xUl-RUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20CV365247 Santa Clara - Civil AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar N0. 218672 SAMUEL A. WONG, State Bar No. 217 104 JESSICA L. CAMPBELL, State Bar No. 280626 ALEXANDER G.L. DAVIES, State Bar N0. 328125 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Email: icampbell@aegislawfirm.com adavies@aegis1awfim.com Attorneys for Plaintiff Osmar Olea, individually, and on behalf 0f all others similarly situated. Robert L. Shipley, CA State Bar N0. 109420 rshipley@shipleylaw.com Brandon S. Gray, CA State Bar N0. 279881 bgray@shipley1aw.com ROBERT L. SHIPLEY, APLC 2784 Gateway Road, Suite 104 Carlsbad, CA 92009 Telephone: +1 760 438 5 199 Attorneys for Defendant RESPONSE TEAM 1 HOLDINGS, LLC [Additional Counsel Listed 0n Following Page] System Sys Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/1 9/2021 3:43 PM Reviewed By: System System Case #20CV365247 Envelope: 6270314 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA OSMAR OLEA, individually and 0n behalf of all others similarly situated, Plaintiff, vs. RESPONSE TEAM 1 HOLDINGS, LLC; ISOSCELES HOLDINGS, LLC; and DOES 1 through 20, inclusive, Defendants. Case No.2 20CV365247 Assignedfor allpurposes t0: Hon. PatriciaM Lucas Dept: 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT Date: April 21, 2021 Time: 2:30 pm. Dept: 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT tern 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Susan Bishop, Esq., State Bar No. 187253 BERLINER COHEN LLP 10 Almaden B1Vd., 11th Floor San Jose, CA. Telephone: 408.286.5800. Email: Susan.Bish0p@berliner.com Attorneys for Defendants Isosceles Holdings, LLC 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 Osmar Olea (“Plaintiff”) and Defendants Response Team 1 Holdings, LLC, and Isosceles Holdings, LLC (“Defendants”) (collectively, the “Parties”) submit this Joint Case Management Conference Statement in advance 0f the conference set for April 21, 2021, as follows: I. BRIEF CASE HISTORY: On March 18, 2020, Plaintiff filed this putative wage and hour class action, alleging that Defendant Response Team 1 Holdings, LLC (“Response”): (1) failed to pay minimum wages, (2) failed t0 pay overtime wages, (3) failed t0 provide meal periods, (4) failed to permit rest breaks, (5) failed t0 provide accurate itemized wage statements, (6) failed t0 pay all wages due upon separation of employment, (7) and committed unfair business practices. On July 10, 2020, Plaintiff amended his complaint to add claims for the enforcement 0f California Labor §§ 2698, et seq. (“PAGA”). Thereafter, Plaintiff amended his Complaint t0 add Isosceles Holdings, LLC (“Isosceles”) as an additional Defendant. Plaintiff seeks damages, unpaid wages, attorneys’ fees, costs, and penalties 0n behalf of himself, the State 0f California, and all of Defendants non-exempt employees employed Within the California during the relevant time period. II. UPDATE SINCE THE PREVIOUS CASE MANAGEMENT CONFERENCE A. Plaintiff’s Position: On October 7, 2020, Plaintiff amended his Complaint to add Defendant Isosceles due t0 its acquisition 0f a significant portion of Response’s assets and employment of a number of employees who also worked for Response. Prior t0 adding this additional Defendant, the Parties engaged several meet and confer efforts regarding the possibility 0f an informal discovery exchange with an eye towards early private mediation and resolution 0f Plaintiff’s class action claims. Accordingly, Plaintiff provided Defendant’s with a list of informally requested documents and data points Which Plaintiff would need t0 analyze his claims, in order t0 have a productive mediation. Upon Defendants’ agreement to produce the requested documents and having set a mediation date for March 25, 2021 with Mark Feder 0f Feder & Frank Mediators, the Parties agreed t0 extend Plaintiffs discovery deadlines until after mediation. While the Parties eventually transitioned back t0 formal discovery, Plaintiff did not receive sufficient data and records in time t0 proceed With the mediation as scheduled due t0 the rolling 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 nature of Defendants production of records. Accordingly, and in recognition 0f the records already produced, Plaintiff informed Defendants that while he had to cancel the March 25, 2021 mediation, he is still Willing t0 keep working With Defendants regarding their informal production and would like t0 get a new mediation date on calendar. However, Isosceles did not respond to Plaintiff until April 15, 2021. On April 15 and 16, the Parties exchanged emails regarding potential mediation dates in June or July of 2021 with mediator Jill Sperber of Judicate West. As 0f the date of this Joint Statement, the Parties have yet t0 select a new mediation date, as Plaintiff is awaiting Defendants confirmation 0f their availability. B. Defendants Position: E1: A11 parties are currently attempting t0 reschedule mediation in the June/July timeframe. Defendant will amend written response t0 discovery as necessary, and is cooperating With Plaintiff in all respects. Isosceles: Despite Plaintiff’s statements t0 the contrary, Isosceles has not only continued to produce documents on an informal basis, it is now responding t0 formal discovery sent by Plaintiff, and has been the party t0 reach out t0 potential mediators to find agreeable dates for a mediation. The Parties have agreed to a mediator, but as of April 19, 2021, the parties have not agreed on a date. It is expected that a date Will be finalized this week. III.STATUS OF DISCOVERY A. Plaintiff’s Position: After the Court lifted the discovery stay, Plaintiff served his initial round of discovery 0n Response. Plaintiff’s initial round 0f discovery consists of nine Requests for Production of Documents and three Special Interrogatories, seeking standard wage and hour discovery, such as timekeeping and payroll records for Plaintiff and the class, Defendant’s applicable policy documents, and contact information for the class. While the Plaintiff had initially agreed to delay formal discovery, the Parties thereafter resolved to re-engage in formal discovery. On January 20, 2021 Defendant Response served its responses to Plaintiff’s initial round 0f discovery. On January 27, 2021 Plaintiff attempted t0 formalize meet and confer efforts regarding 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 these responses in a letter. In this letter Plaintiff addressed certain deficiencies and requested that Response supplement these responses and its respective production by no later than February 10, 2021. On February 8, 2021, Response sent a reply letter t0 Plaintiff indicating its objections to certain issues raised by Plaintiff, providing additional clarification, and agreeing to amend certain responses. However, Plaintiff has yet to receive any amended responses. Plaintiff’s current motion t0 compel deadline for his initial discovery sets is May 10, 2021. On April 9, 2021, Plaintiff served his initial round of discovery requests on Isosceles. B. Defendants Position: fl Defendant intends t0 continue t0 cooperate With Plaintiff to move this matter t0 mediation. Isosceles: Defendant has submitted substantial documentation on an informal basis and is now preparing responses t0 formal discovery. IV.FURTHER CONSIDERATIONS FOR THE COURT The Parties request that the Court set a status conference for 60 days from the present Case Management Conference (June 2021). AEGIS LAW FIRM, PC 5wa' AlexandefGL. Davids Attorneys for Plaintiff Dated: April 19, 2021 Dated: April 19, 2021 ROBERT L. SHIPLEY, APLC By: /s/ Robert L. Shipley Robert L. Shipley Attorneys for Defendant, Response Team 1 Holdings, LLC 5 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: April 19, 2021 BERLINER COHEN LLP By: /s/ Susan Bishop Susan Bishop Attorneys for Defendant, Isosceles Holdings, Inc. 6 JOINT CASE MANAGEMENT CONFERENCE STATEMENT \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO CERTIFICATE 0F 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 April 19, 2021, I served the foregoing document entitled: JOINT CASE MANAGEMENT CONFERENCE STATEMENT 0n all the appearing and/or interested parties in this action by delivering D the originalE a true copy thereof on the party(ies) addressed below as follows: Robert L. Shipley Susan E. Bishop, Esq. Brandon S. Gray Berliner Cohen LLP ROBERT L. SHIPLEY, APLC Ten Almaden BOUleVard 2784 G t R d S .t 104 Eleventh Floora eway 03 ’ “1 e San Jose, California 951 13-2233 caflSbad’ CA 92009 susan.bishop@berliner.com Telephone: 760.4385 199 rShipleV@ShipleVlaW'com Attorneysfor Defendant: b fa shl 16 laW-Com ISOSCELES HOLDINGS, LLC Attorneysfor Defendant: RESPONSE TEAM 1 HOLDINGS, 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 0n that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of 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 of 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 t0 be deposited for delivery t0 a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(0); Fed. R. Civ. Proc. 5(0).) (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).) (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 perjury under the laws of the State of California that the foregoing is true and correct. Executed 0n April 19, 2021, at Irvine, California. a drea Drocco -2- CERTIFICATE OF SERVICE