Statement Case Management Conference

Cal. Super. - 6th Dist.March 19, 2020

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V365255 Santa Clara - Civil AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar No. 218672 SAMUEL A. WONG, State Bar No. 217104 JESSICA L. CAMPBELL, State Bar No. 280626 CAROLYN M. BELL, State Bar N0. 3 13435 cbell@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Attorneys for Plaintiff Frank Ayon, Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/8/2020 9:00 AM System Sy Reviewed By: System System Case #20CV365255 Envelope: 4891895 individually and on behalf 0f all others similarly situated SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA FRANK AYON, individually and on behalf of all others similarly situated Plaintiff, VS. RED COLLAR PET FOODS, INC.; and DOES 1 through 20, inclusive, Defendants. Case N0. 20CV365255 Assignedfor allpurposes t0 Hon Brian C. Walsh Dept. I PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT AND REQUEST FOR CONTINUANCE Date: September 10, 2020 Time: 2:30 PM Dept: 1 stem CASE MANAGEMENT CONFERENCE STATEMENT AND REQUEST FOR CONTINUANCE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Frank Ayon, (“Plaintiff”) hereby submits this Case Management Conference Statement and Requests for Continuance in advance of the September 10, 2020 Case Management Conference With Defendant Red Collar Pet Foods, Inc. (“Defendant”) (collectively, the “Parties”). On March 19, 2020 Plaintiff filed a class action complaint alleging Defendant: 1) failed to pay minimum wages; 2) failed t0 pay overtime wages; 3) failed to provide meal periods; 4) failed t0 permit rest breaks; 5) failed t0 provide accurate itemized wage statements; 6) failed to pay all wages due upon separation of employment; and 7) Violation of Business and Professions Code §§ 17200, et seq. On July 10, 2020, Plaintiff filed a First Amended Complaint adding a claim under the Private Attorneys General Act 0f 2004. The Parties have met and conferred and agreed t0 transfer this matter to San Bernardino County Superior Court (“San Bernardino”). On July 13, 2020, the Parties submitted a joint stipulation t0 transfer the action t0 San Bernardino. On July 13, 2020, Honorable Brian C. Walsh signed the Order transferring the matter to San Bernardino. On July 14, 2020, through a third-party filing service, First Legal, Plaintiffs Counsel submitted the Order transferring the matter t0 San Bernardino and paid the filing fee and the transfer fee to the Clerk 0f San Bernardino Superior Court. On August 14, 2020, San Bernardino returned the checks and provided that Plaintiff must include a San Bernardino case number to complete the order. Given a San Bernardino case number Will not be assigned until the case is properly transferred, Plaintiffs counsel has been working with First Legal and the Clerk in San Bernardino to resolve any outstanding issues that may be delaying the transfer. Plaintiff requests the Case Management Conference currently set for September 10, 2020 be continued 30 days to October 11, 2020 or a date convenient to the Court’s calendar to allow time to complete the transfer of the action t0 San Bernardino. Dated: September 6, 2020 AEGIS LAW FIRM, PC By: /s/ CarolynM Bell Carolyn M. Bell Attorneys for Plaintiff -1- CASE MANAGEMENT CONFERENCE STATEMENT AND REQUEST FOR CONTINUANCE \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 September 8, 2020, I served the foregoing document entitled: 0 PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT AND REQUEST FOR CONTINUANCE on all the appearing and/or interested parties in this action by deliveringD the original g a true copy thereof on the party(ies) addressed below as follows: Laura Bailey Gallagher, esq. HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Telephone: 717.291.2236 Facsimile: 717.291 .5739 1gallagher@h-dlaw.com Attorneys For Defendant: RED COLLAR PET FOODS, INC. g (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 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 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(c).) D (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collaction 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(c).) D (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).) 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 perjury under the laws 0f the State of California that the foregoing is true and correct. Executed 0n September 8, 2020, at Irvine, California. Andreawzo ”$6 CERTIFICATE 0F SERVICE