Statement Case Management Conference

Cal. Super. - 6th Dist.March 17, 2020

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V36581 6 Santa Clara - Civil AEGIS LAW FIRM, PC SAMUEL A. WONG, State Bar N0. 2 1 7 1 04 KASHIF HAQUE, State Bar N0. 2 1 8672 JESSICA L. CAMPBELL, State Bar N0. 280626 JORDAN WYSOCKI, State Bar N0. 334671 9811 Irvine Center Drive, Suite 100 Irvine, California 926 1 8 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Email: jcampbell@aegislawfirm.com jwysocki@aegislawfirm.com Attorneys for Plaintiff Francisco Sanchez, individually, and on behalf 0f all others similarly situated. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. EVAN R. MOSES, State Bar N0. 198099 AARON H. COLE, State Bar N0. 236655 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: (213) 239-9800 Facsimile: (213) 239-9045 Email: evan.m0ses@ogletree.com aaron.cole@ogletree.com Attorneys for Defendant BLOOM ENERGY CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA FRANCISCO SANCHEZ, individually and 0n Case N0. 20CV365816 behalf of all others similarly situated, V. DOES 1 through 20, inclusive, Defendants. AssignedforAll Purposes t0: Plaintiffs, Judge Sunil R. Kulkarni Dept. I JOINT CASE MANAGEMENT . CONFERENCE STATEMENT ANDBLOOM ENERGY CORPORATION, and REQUEST FOR CONTINUANCE Complaint Filed: March 18, 2020 Date: August 5, 2021 Time: 2:30 p.111. Dept: 1 System Sys Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/27/2021 3:18 PM Reviewed By: System System Case #20CV36581 6 Envelope: 6934187 JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND REQUEST FOR CONTINUANCE tem 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Francisco Sanchez (“Plaintiff”) and Defendant Bloom Energy Corporation (“Defendant”), (collectively, the “Parties”) hereby submit this Joint Case Management Conference Statement and Request for Continuance 0f the Case Management Conference set for August 5, 2021 in the above-entitled court. 1. Brief Objective Summary 0f The Case Plaintiffs Complaint alleges PAGA claims against Defendant for failing t0 pay minimum wages; excluding incentive compensation from overtime pay; failing t0 provide compliant meal periods and rest breaks, 0r pay premiums; failing t0 reimburse business expenses; issuing inaccurate wage statements; and failing t0 pay all earned wages during and upon separation 0f employment. Defendant denies these claims. 2. Summary Of Any Orders From Prior Case Management Conferences And The Progress Of The Parties’ Compliance With Said Orders After Defendant filed a motion t0 compel arbitration, Plaintiff decided t0 dismiss his individual and class action claims without prejudice, leaving only his PAGA claim. 3. Significant Procedural And Practical Problems That May Likely Be Encountered The Parties are not aware 0f any potential problems, but will update the Court if any arise during informal discovery. 4. Suggestions For Efficient Management, Including A Proposed Timeline Of Key Events, Any Other Special Consideration T0 Assist The Court In Determining An Effective Case Management Plan The Parties have set a date for private mediation 0n January 10, 2022 and are currently exchanging informal discovery. Once the Parties have completed the private mediation, they will be better positioned t0 suggested a trial date. /// /// /// 2 JOINT 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 In light of the Parties’ agreement to exchange informal discovery in advance 0f the mediation set for January 10, 2022, the Parties respectfully request the Court continue the Case Management Conference set for August 5, 2021 for 90 days, t0 November 3, 2021, 0r another date more convenient for the Court’s calendar. Dated: July 27, 2021 AEGIS LAW FIRM, PC . /%¢ W%L B Jordan Wysocki Attorneys for Plaintiff Francisco Sanchez Dated: July 27, 2021 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. finfiw Evan Moses Aaron Cole Attorneys for Defendant Bloom Energy Corporation 3 JOINT 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 of Orange, State of California. I am over the age of 18 and not a party to the within action; am employed With Aegis Law Firm PC and my business address is 9811 Irvine Center Dn've, Suite 100, Irvine, California 92618. On July 27, 2021, I served the foregoing document entitled: 0 JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND REQUEST FOR CONTINUANCE on all the appearing and/or interested parties in this action by placing D the original g a true copy thereof enclosed in sealed envelope(s) addressed as follows: Evan R. Moses Aaron H. Cole OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: 213.239.9800 evan.moses@ogletree.com aaron.c01e@0gletree.com Attorneysfor Defendant: BLOOM ENERGY CORPORATION 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 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(0).) 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 to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(0); Fed. R. Civ. Proc. 5(0).) X (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served Via electronic transmission to the addressee(s) listed above 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).) I declare under penalty 0f perjury under the laws of the State of C lifornia that the foregoing is true and correct. Executed 0n July 27, 2021, at Irvine, California. Map) Wdrea Drocco CERTIFICATE OF SERVICE