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 No. 2 1 7104 KASHIF HAQUE, State Bar N0. 2 1 8672 JESSICA L. CAMPBELL, State Bar N0. 280626 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Email: jcampbell@aegislawfirm.com System Sys Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/26/2021 8:58 AM Reviewed By: System System Case #20CV36581 6 Envelope: 5922410 Attorneys for Plaintiff Francisco Sanchez, individually, and on behalf 0f all others similarly situated. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. EVAN R. MOSES, CA Bar N0. 198099 evan.moses@ogletree.com AARON H. COLE, CA Bar No. 236655 aaron.cole@0gletree.com 400 South Hope Street, Suite 1200 Los Angeles, CA 9007 1 Telephone: 213.239.9800 Facsimile: 2 1 3 239.9045 Attorneys for Defendant BLOOM ENERGY CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA FRANCISCO SANCHEZ, individually and on behalf 0f all others similarly situated, Plaintiffs, V. BLOOM ENERGY CORPORATION; and DOES 1 through 20, inclusive, Defendants. Case No. 20CV3658 1 6 AssignedforAll Purposes t0: Judge Brian C. Walsh Dept. I JOINT CASE MANAGEMENT CONFERENCE STATEMENT Complaint Filed: March 18, 2020 Date: March 4, 2021 Time: 2:30 pm. Dept: 1 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 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. 1. Brief Objective Summary of The Case Plaintiff’s Complaint alleges claims under the Private Attorneys General Act (“PAGA”) against Defendant for excluding incentive compensation from overtime pay; failing to provide compliant meal periods and rest breaks, 0r pay premiums; 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 At the prior case management conference, the parties informed the Court that they planned to litigate a motion t0 compel arbitration. After Defendant filed the motion, Plaintiff decided t0 dismiss his individual and class action claims without prejudice, leaving only his PAGA claim. On February 23, 2021, the Court entered the order dismissing Plaintiff’ s individual and class action claims Without prejudice, leaving one cause 0f action for Enforcement ofPAGA. 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 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 propose that the Court lift the stay 0n PAGA discovery. Once the Parties have completed an initial round 0f discovery and/or potential private mediation, they Will be better positioned to suggested a trial date. The Parties suggest setting another status conference in 120 days. 2 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 25, 2021 AEGIS LAW FIRM, PC By: fixM Jesflca L. Campbell Attorneys for Plaintiff Francisco Sanchez Dated: February 25, 2021 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. fifiw Evan Moses Aaron Cole Attorneys for Defendant Bloom Energy Corporation 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT \OOOQO‘xUl-PUJNH NNNNNNNNNt-t-Ht-t-Ht-t-Ht- MQONM#UJN~O\OOOQO\M#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 Drive, Suite 100, Irvine, California 92618. On February 26, 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 placing D the original E 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.cole@ogletree.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 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 or 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 of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) descfibed 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).) g (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served Via electronic transmission to 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 0f perjury under the laws of the State of Ca 'fornia that the foregoing is true and correct. Executed on February 26, 2021, at Irvine, California. CERTIFICATE OF SERVICE