Statement Case Management ConferenceCal. Super. - 6th Dist.June 8, 202010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V36691 8 Santa Clara - Civil System Sy LEBE LAW, APLC . . JONATHAN M. LEBE, State Bar No. 284605 ElectronIFally Flled jon@lebelaw.com by Superior Court of CA, ZACHARY GERSHMAN, State Bar No. 328004 County of Santa Clara, zachary@lebelaw.com 777 S. Alameda Street, Second Floor Los Angeles, CA 90021 Telephone: (213) 358-7046 AEGIS LAW FIRM, PC SAMUEL A. WONG, State Bar N0. 2 1 7 1 04 swong@aegislawfirm.com KASHIF HAQUE, State Bar N0. 218672 khaque@aegislawfirm.com on 10/2/2020 12:10 PM Reviewed By: System System Case #20CV36691 8 Envelope: 5038326 JESSICA L. CAMPBELL, State Bar No. 280626 jcampbell@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Attorneys for Jesus Mendez, Individually and 0n behalf 0f all others similarly situated Counsel ofRecordfor Defendant 0n the Following Page SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JESUS MENDEZ, individually and on behalf 0f all others similarly situated Plaintiff, VS. ECLARO INTERNATIONAL, INC.; NEW YORK LIFE INSURANCE COMPANY; and DOES 1 through 20, inclusive, Defendants. Case N0. 20CV3669 1 8 Honorable Patricia M. Lucas - Dept. 3 JOINT INITIAL STATUS CONFERENCE STATEMENT Date: October 7, 2020 Time: 2:30 p.m. Dept: 3 -1- JOINT INITIAL STATUS CONFERENCE STATEMENT stem UIAUJN \DOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Adam Y. Siegel (SBN 238568) Adam.Siegel@iacksonlewis.com Savada M. Panosian (SBN 325415) Savada.Panosian@iacksonlewis.com JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 Los Angeles, California 90017-5408 Telephone: (21 3) 689-0404 Facsimile: (2 1 3) 689-0430 Attorneys for Defendant, ECLARO INTERNATIONAL, INC. -2- JOINT INITIAL STATUS CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE HONORABLE COURT: Plaintiff Jesus Mendez (“Plaintiff’) and Defendant Eclaro International, Inc. (“Defendant” 0r “Eclaro” and collectively, the “Parties”) hereby submit their Joint Initial Status Conference Statement. 1. Status 0f Service Joint Position: Plaintiff filed a First Amended Complaint Which added DefendantNew York Life Insurance Company (“Defendant New York Life”) to this matter on August 24, 2020 and has completed service on both Defendant, Eclaro International Inc., and Defendant New York Life Insurance Company. At this time, Plaintiff does not expect to add any other additional parties t0 this matter. Plaintiff” s Position: Defendant New York Life Insurance Company has yet t0 file a Notice 0f Appearance in this matter and has declined t0 participate in this joint statement. 2. Status of Discovery Plaintiff’s Position: Due t0 the staying of discovery in this case, n0 discovery has yet been completed in this matter. Once this stay is lifted, Plaintiff anticipates engaging in class discovery with written discovery (interrogatories, requests for production and requests for admission), depositions of Defendants and other witnesses, and by contacting putative class members. Defendant Eclaro’s Position: Once Defendant has appeared before this court, and has responded to Plaintiff’s First Amended Complaint, Defendant plans t0 conduct written discovery and depositions of Plaintiff and other witnesses. 3. Arbitration Plaintiff’s Position: Plaintiff is unaware 0f any applicable arbitration clause applicable to this matter. Defendant Eclaro’s Position: Defendant is not aware of any applicable arbitration agreements. 4. Related Cases Plaintiff’ s Position: Plaintiff is unaware 0f any cases related t0 this litigation and does not anticipate any related litigation at this time. -3- JOINT INITIAL STATUS CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Eclaro’s Position: Defendant is unaware 0f any related cases and does not anticipate any related litigation at this time. 5. Factual and Legal Issues Plaintiff’s Position: This is a wage and hour class and representative action in Which Plaintiff asserts nine causes 0f action against Defendant Eclaro and Defendant New York Life Insurance Company for: (1) Failure t0 Pay Wages Each Week; (2) Failure t0 Pay Minimum Wages; (3) Failure t0 Pay Overtime Wages; (4) Failure t0 Timely Pay A11 Earned Wages; (5) Failure to Permit Rest Breaks; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure t0 Pay A11 Wages Due Upon Separation 0f Employment and Within the Required Time; (8) Violation of Business and Professions Code §§ 17200, et seq.; and (9) Enforcement 0f Labor Code § 2698 et seq. (“PAGA”). Plaintiff alleges that he and other putative class members had to regularly perform work off-the-clock, for example, after the end of their scheduled shifts. Further, Plaintiff alleges that he and other putative class members were entitled t0 receive, but failed to receive, all rest breaks 0r payment of one (1) additional hour of pay at Plaintiff and the putative class members’ regular rate ofpay When a rest break was missed. Additionally, Plaintiff alleges Defendants failed t0 pay certain putative class members Who worked for Defendants as a non-exempt, temporary service workers weekly in Violation of the Labor Code. Plaintiff alleges that as a result 0f these actions and policies, among others, that Defendants have failed t0 timely pay Plaintiff and putative class members all minimum and overtime wages due including upon separation of employment, failed to provide rest periods as required by the Labor Code, failed to provide accurate itemized wage statements, that these policies constitute unfair business practices, and have violated the PAGA. Defendant Eclaro’s Position: There are only approximately six (6) individuals in the putative class. Thus, Plaintiff cannot meet the elements 0f class certification. Defendant denies generally and specifically each and every allegation contained in Plaintiff’s First Amended Complaint, and each and every cause 0f action purported to be alleged therein. Further, Defendant denies that Plaintiff and putative class members performed off-the-clock work. Defendant denies that Plaintiffand putative class members did not receive rest breaks. Defendant denies that Plaintiff -4- JOINT INITIAL STATUS CONFERENCE STATEMENT UI-bUJN \DOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and putative class members were entitled to one (1) hour 0f pay at Plaintiff’s and putative class members’ regular rate of pay as rest breaks were not missed. Defendant further denies that Defendant failed to pay certain putative class members as non-exempt, temporary service workers weekly. Defendant has timely paid Plaintiff and putative class members all minimum and overtime wages owed. Lastly, Defendant properly maintained records. 6. Alternative Dispute Resolution Plaintiff s Position: Plaintiff is open to private mediation. Defendant Eclaro’s Position: Defendant is open to private mediation. 7. Phasing 0f Discovery Plaintiff s Position: Plaintiff does not believe that discovery should be phased or limited in any way at this time, Which includes the imposition of limited merits discovery in advance of a class certification motion. Plaintiffs counsel finds such limitations tend to create more discovery disputes rather than resolve them. Defendant Eclaro’s Position: Defendant believes that discovery should not be phased 0r limited after the current stay is lifted. Dated: October 1, 2020 LEBE LAW’ APLC By: Jonka't‘FaE M. Lebe Attorney for Plaintiff Jesus Mendez Individually and on behalf 0f all others similarly situated Dated: October 1, 2020 JACKSON LEWIS P.C, Adam Y. Siegel Savada M. Panosian Attorneys for Defendant Eclaro International, Inc. By: 4839-93554 564, v. 1 -5- JOINT INITIAL STATUS 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 October 2, 2020, I served the foregoing document entitled: o JOINT INITIAL STATUS CONFERENCE STATEMENT 0n all the appearing and/or interested parties in this action by deliveringD the original a true copy thereof 0n the party(ies) addressed below as follows: Adam Y. Siege] Savada M. Panosian JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 Los Angeles, California 90017-5408 Telephone: (2 1 3) 689-0404 Facsimile: (213) 689-0430 Adam.Siegel@iacksonlewis.com Savada.Pan0sian@iacksonlewis.com Attorneysfor Defendant: ECLARO INTERNATIONAL, INC. 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 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 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(0).) D (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice 0f 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 t0 a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(0); Fed. R. Civ. Proc. 5(0).) E (BY ELECTRONIC TRANSMISSION) I caused said document(s) t0 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)-) /// /// /// CERTIFICATE 0F SERVICE \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO I declare under penalty of peljury under the laws 0f the State of California that the foregoing is true and correct. ‘ Executed 0n October 2, 2020, at Irvine, California. fl An ea Drocco -2- CERTIFICATE OF SERVICE