Conference Case ManagementCal. Super. - 6th Dist.March 18, 20204; \DOOQGU‘I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ZOCV365251 Santa Clara - Civil AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar No. 218672 SAMUEL A. WONG, State Bar No. 2 1 7104 JESSICA L. CAMPBELL, State Bar No. 280626 ALEXANDER G.L. DAVIES, State Bar No. 328125 9811 Irvine Center Drive, Suite 100 Irvine, California 9261 8 System Sy Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/13/2021 4:10 PM Reviewed By: System System Case #20CV365251 Envelope: 70621 13 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Email: icampbell®aegislawfim.com adavies@aegislawfirm.com Attorneys for Plaintiff Richie Medina, individually, and on behalf of all others similarly situated. PAYNE & FEARS, LLP JEFFREY K. BROWN, State Bar No. 162957 RANA AYAZI, State Bar No. 329097 4 Park Plaza, Suite 1100 Irvine, California 92614 Telephone: (949) 85 1 -1 100 Facsimile: (949) 85 1 -12 1 2 Attorneys for Defendant APCT, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA RICHIE MEDINA, individually and 0n behalf 0f all other aggrieved employees, Case No. 20CV36525 1 Assignedfor all purposes t0: Plaintiff, Hon. Patricia M. Lucas Dept. 3 vs. JOINT CASE MANAGEMENT APCT, INC; and DOES 1 through 20, CONFERENCE STATEMENT Induswe’ Date: August 18, 2021 Defendants. Tune: 2:30 pm. Dept: 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT stern 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Richie Medina (“Plaintiff”) and Defendant APCT, Inc. (“Defendant”) (collectively, the “Parties”) submit this Joint Case Management Conference Statement in advance 0f the conference set for August 18, 2021 at 2:30 p.m., as follows: A. OBJECTIVE SUMMARY OF THE CASE On March 18, 2020, Plaintiff filed a class action complaint alleging that Defendant: (1) failed t0 pay minimum wages; (2) failed t0 pay overtime wages; (3) failed t0 provide meal periods; (4) failed t0 permit rest breaks; (5) failed t0 provide accurate itemized wage statements; (6) failed t0 pay all wages due upon separation 0f employment; (7) violated business and professions §§ 17200, er seq.. On July 10, 2020, Plaintiff filed a first amended complaint t0 add an eighth cause 0f action for Enforcement 0f Labor Code § 2698, et seq.("PAGA"). On August 20, 2020, after review 0f the arbitration agreement, Plaintiff informed Defendant of his intention t0 dismiss his individual and class action claims, and t0 proceed as a PAGA-only case. On September 21, 2020, the Parties submitted their Joint Stipulation t0 Dismiss Plaintiffs Class Action and Individual Claims Without Prejudice and t0 Lift the Discovery Stay. On September 25, 2020, this Court issued its Order permitting Plaintiff t0 dismiss his individual and class action claims, without prejudice, leaving only the non-arbitrable cause 0f action of PAGA and lifting the stay 0n discovery. Plaintiff currently seeks civil penalties pursuant t0 PAGA 0n behalf himself, the other aggrieved employees, and the State 0f California, and attorneys’ fees and costs. B. CASE UPDATE / STATUS OF DISCOVERY a. Plaintiff’s Position: Plaintiff has conducted an initial round 0f discovery requests, including the completion 0f a Belaire- West notice process t0 obtain contact information for the class members, and has been provided with timekeeping and payroll data for the class. On July 28, 202 1 , Plaintiff attended and participated in a full-day deposition with Defendant. The parties have discussed potential resolution Via private mediation, but d0 not have a mediation date 0n calendar at this time. b. Defendant’s Position: Defendant has conducted an initial round 0f discovery requests and has deposed Plaintiff -1- JOINT CASE MANAGEMENT CONFERENCE STATEMENT NON 00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 over the course of approximately 6 hours. During the deposition, Plaintiff stated that he dropped his cellphone from a high altitude and it was ”smashed”. Since Plaintiff’s cellphone contained notes regarding his wage claim, Defendant has asked Plaintiff to try to obtain the information from the cloud network 0r similar. In addition, Defendant plans to conduct a second round 0f discovery requests based 0n Plaintiff’s testimony at the deposition. The parties have discussed potential resolution Via private mediation, and Defendant is amenable to begin discussing potential mediators. C. SIGNIFICANT PROCEDURAL AND PRACTICAL PROBLEMS Not applicable. D. TIMELINE FOR CASE MANAGEMENT The Parties agree that the Court set a Further Case Management Conference n0 earlier than 90 days from this August 18, 2021 Case Management Conference (November or December 2021), or t0 a later date that is convenient to the Court, to allow the Parties time to complete the discovery process and to get a mediation date on calendar. E. SPECIAL CONSIDERATIONS Not applicable. Dated: August 13, 2021 AEGIS LAW FIRM, PC By: kw [2L Alexander Davies Attorneys for Plaintiff Dated: August 13, 2021 PAYNE & FEARS, LLP B. figv‘ Jeffrey K. Brown Rana Ayazi Attorneys for Defendant -2- JOINT CASE MANAGEMENT COthRENCE 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 August 13, 2021, I served the foregoing document entitled: o JOINT CASE MANAGEMENT CONFERENCE STATEMENT on all the appearing and/or interested parties in this action by delivering D the originalg a true copy thereof on the party(ies) addressed below as follows: Jeffrey Brown Rana Ayazi PAYNE & FEARS LLP 4 Park Plaza, Suite 1100 Irvine, CA 92614 Telephone: 949.85 1 .1 100 Facsimile: 949.851.1212 'kb a nefears.com ra a nefears.c0m 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).) D (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).) E (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)-) I declare under penalty of pteury under the laws 0f the State of California that the foregoing is true and correct. Executed on August 13, 2021, at Irvine, California. a An Drocco CERTIFICATE 0F SERVICE