Statement Case Management ConferenceCal. Super. - 6th Dist.March 17, 2020200V36581 6 Santa Clara - Civil QMeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Suren N. Weerasuriya (SBN 278521) Electronically Filed Aegis LaW Firm. PC by Superior Court of CA, 9811 Irvine Center Dr. Suite 100, Irvine, CA 92818 County of Santa Clara, TELEPHONE No.: (949) 379-6250 FAX No. (Optional): (949) 379-6251 on 7/6/2020 1 1 :25 AM E-MAILADDRESS(0ptionaI): sweerasuriya@aegislawfirm.com Reviewed By: System System ATTORNEY FOR(Name): Plaintiff Fransisco Sanchez case #20CV36581 6 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 4552240 STREETADDRESS: 161 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, 951 13 BRANCH NAME Old Courthouse PLAINTIFF/PETITIONER: Francisco Sanchez DEFENDANT/RESPONDENT: Bloom Energy Corporation CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): UNLIMITED CASE E LIMITED CASE 20CV36581 6 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 21, 2020 Time: 3 p.m. Dept: 20 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Suren N. Weerasuriya INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff Francisco Sanchez b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): March 17, 2020 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of ca_se 3- Type 0f case m complaint E cross-complaint (Describe, including causes of action): failure to pay minimum and overtime wages, provide meal and rest breaks, reimburse business expenses, provide accurate wage statements, pay all wages upon separation of employment, unfair business practices Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 1o [Rev. July 1, 201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Francisco Sanchez CASENUMBER=- _ ZOCV365816 DEFENDANT/RESPONDENT: Bloom Energy Corporatlon 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought, describe the nature of the relief.) This case alleges class action claims for violations of the California Labor Code. Plaintiff seeks unpaid wages, civil and statutory penalties, and, attorney's fees and cost. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): This case will not be ready for trial until after the Court has ruled on class certification. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): It is too early for the Court to set trial in this case. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5'7 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“O [ReV-Ju'y 1' 2°11] CASE MANAGEMENT STATEMENT ”962°” CM-110 PLAINTIFF/PETITIONER: Francisco Sanchez DEFENDANT/RESPONDENT: Bloom Energy Corporation CASE NUMBER: ZOCV36581 6 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CMflJfl PLAINTIFF/PETITIONER: Francisco Sanchez CASE NUMBER: _ . ZOCV365816 DEFENDANT/RESPONDENT: Bloom Energy Corporatlon 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: E Yes E No c. E Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a_ E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. Bifu rcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff will move to certify the classes and subclasses identified in his Complaint. 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Fact Discovery July 06, 2021 Plaintiff Fact Discovery Depositions Plaintiff October 06, 2021 Expert Discovery March 06, 2022 c_ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendant will likely assert privacy objections in response to Plaintiff's requests for contact information and pay and timekeeping records for the putative class members. Plaintiff is willing to go through the Belaire-West Process for the contact information; and to enter into a stipulated protective order governing the handling of the records. CM-1 10 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Francisco Sanchez CASE NUMBER:- _ 20CV35581 5 DEFENDANT/RESPONDENT: Bloom Energy Corporatlon 17. Economic litigation a.E This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 wi|| apply to this case. b.E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesE The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. | I I The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time 0f the case management conference, including the written authority of the party where required. Date: July 06, 2020 Suren N. Weerasu riya ’ 7 (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“O [REV-Ju'v 12°11] CASE MANAGEMENT STATEMENT Pages“ \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$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 6, 2020, I served the foregoing document entitled: 0 CASE MANAGEMENT STATEMENT 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: BLOOM ENERGY CORPORATION c/o CSC Lawyers Incorporating Services 2710 Gateway Oaks Dr., Suite 150N Sacramento, CA 95833 Agents ofProcessfor Defendant: Bloom Energy Corporation g (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 fillly 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(3); 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(c).) D (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served Via electronic transmission t0 the addressee(s) listed above 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).) I declare under penalty of perjury under the laws of the State 6f California that the foregoing is true and correct. Executed on July 6, 2020, at Irvine, California. CERTIFICATE OF SERVICE