Statement Case Management ConferenceCal. Super. - 6th Dist.March 18, 202010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V365251 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 ALEXANDER G.L. DAVIES, State Bar N0. 328125 9811 Irvine Center Drive, Suite 100 Irvine, California 926 1 8 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Email: jcampbell@aegislawfirm.com adavies@aegislawfirm.com Attorneys for Plaintiff Richie Medina, individually, and on behalf 0f all others similarly situated. PAYNE & FEARS, LLP JEFFREY K. BROWN, State Bar N0. 162957 RANA AYAZI, State Bar N0. 329097 4 Park Plaza, Suite 1100 Irvine, California 92614 Telephone: (949) 85 1 -1 100 Facsimile: (949) 851-1212 Attorneys for Defendant APCT, INC. System Sy Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/4/2020 4:21 PM Reviewed By: System System Case #20CV365251 Envelope: 541 5966 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA RICHIE MEDINA, individually and on behalf of all other aggrieved employees, Case No. 20CV365251 Assignedfor allpurposes t0: Plaintiff, VS. APCT, INC; and DOES 1 through 20, inclusive, Defendants. Hon. PatriciaM Lucas Dept. 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT Date: December 9, 2020 Time: 2:30 p.m. Dept: 3 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 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 December 9, 2020, as follows: 1. CASE UPDATE SINCE PREVIOUS CASE MANAGEMENT CONFERENCE The Court set this further Case Management Conference for a hearing following the Parties Initial Case Management Conference 0n July 24, 2020, t0 allow the Parties’ additional time t0 review the arbitration agreement produced by Defendant and determine its enforceability. On August 20, 2020, Plaintiff informed Defendant 0f 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,m prejudice, leaving only the non-arbitrable cause 0f action 0f PAGA and lifting the stay 0n discovery. 2. DISCOVERY a. Plaintiff’s Position: On September 29, 2020, Plaintiff served an initial round 0f discovery on Defendant, consisting of three Special Interrogatories and nine Requests for Production ofDocuments Which seek production 0f basic information and documents needed t0 properly analyze Plaintiffs claims. For example, Plaintiff’s initial discovery requests seeks the total number 0f aggrieved employees, time and pay records for the aggrieved employees, and Defendant’s policy documents, such as employee handbooks. After a brief two-week extension, Defendant served its Responses and Objections t0 Plaintiffs Special Interrogatories and Requests for Production of Documents 0n November 16, 2020. On December 1, 2020, Plaintiffs counsel drafted and sent a letter t0 Defendant’s counsel, attempting t0 meet and confer regarding Defendant’s responses and objections t0 Plaintiff’s initial discovery requests. Plaintiff requested that Defendant’s counsel confirm if it intends to -1- JOINT CASE MANAGEMENT CONFERENCE STATEMENT UI-hbJN \OOO\10\ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 comply with Plaintiff” s requests for supplemental responses by December 7, 2020, and t0 produce all supplemental responses and documents by n0 later than December 14, 2020. As of the date of this Joint Case Management Conference Statement, Plaintiff has yet t0 receive any responsive documents from Defendant. b. Defendant’s Position: Defendant has received the correspondence referred to by Plaintiff, and, as 0f the time 0f this Joint Case Management Conference Statement, is considering the points communicated therein; in particular, Defendant is reviewing the draft Belaz‘re- West notice. Defendant will engage in a good-faith effort to resolve any emerging discovery disputes informally. 2. TIMELINE FOR CASE MANAGEMENT The Parties propose that the Court set a Further Case Management Conference 30 days from the December, 18 2020, Case Management Conference (January or February 2021). Dated: December 4, 2020 AEGIS LAW FIRM, PC KW fig Alexandér GIL. Davies Attorneys for Plaintiff Dated: December 4, 2020 PAYNE & FEARS, LLP By: / ulna! J:1\ Jeffrey .fillown Rani Ayazi Attorneys for Defendant 2020-12-04 Joint Initial CMC Statement [signed by JKB] - Word Versiondocx -2- 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 Drive, Suite 100, Irvine, California 92618. On December 4, 2020, I served the foregoing document entitled: 0 JOINT CASE MANAGEMENT CONFERENCE STATEMENT on all the appearing and/or interested parties in this action by delivering D the originalE a true copy thereof 0n 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 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 of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) 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 t0 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(c).) X (BY ELECTRONIC TRANSMISSION) I caused said document(s) to 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 0f peljury under the laws 0f the State 0f California that the foregoing is true and correct. ' Executed 0n December 4, 2020, at Irvine, California. a A a Drocco CERTIFICATE 0F SERVICE