Statement Case Management Conference

Cal. Super. - 6th Dist.April 5, 2021

410 West Arden Avenue, Suite 203 Glendale, California 91 203 LAWYERS for JUSTICE, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV379147 Santa Clara - Civil Edwin Aiwazian (SBN 232943) Arby Aiwazian (SBN 269827) Joanna Ghosh (SBN 272479) Elizabeth Parker-Fawley (SBN 301592) Arman Marukyan (SBN 327150) LAWYERS for JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, California 91203 Tel: (818) 265-1020 / Fax: (818) 265-1021 Attorneysfor Plaintiff Andrew M. Spurchise (SBN 245998) aspurchise@littler.com LITTLER MENDELSON P.C. 900 3rd Avenue, 8th Floor New York, New York 10022-3298 Tel: (212) 583-9600 / Fax: (212) 832-2719 Elisa Nadeau (SBNl 99000) enadeau@littler.com Linda Nguyen Bollinger (SBN 289515) lbollinger@littler.com Alec S. DiMario (SBN 30981 1) adimari0@littler.com LITTLER MENDELSON P.C. 50 West San Fernando Street, 7th Floor San Jose, California 95 1 13 Tel: (408) 998-4150 /Fax: (408) 288-5686 Attorneysfor Defendant System Sys Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/22/2021 5:11 PM Reviewed By: System System Case #21 CV379147 Envelope: 6908067 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA DEANGELO DANIELS, individually, and 0n behalf 0f other members 0f the general public similarly situated; Plaintiff, vs. GARUDA LABS, INC. DBA INSTAWORK, an unknown business entity; DOES 1 through 100, inclusive, Defendants. Case N0.: 21CV379 147 Honorable Patricia M. Lucas Department 3 CLASS ACTION JOINT CASE MANAGEMENT CONFERENCE STATEMENT Hearing Date: July 28, 2021 Hearting Time: 2:30 pm Department: 3 Complaint Filed: April 5, 2021 Jury Trial Date: None Set JOINT CASE MANAGEMENT CONFERENCE STATEMENT tem 410 West Arden Avenue, Suite 203 Glendale, California 91 203 LAWYERS for JUSTICE, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE HONORABLE COURT, AND ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: PlaintiffDeangelo Daniels (“Plaintiff’) and Defendant Garuda Labs, Inc. DBA Instawork (“Defendant”) hereby submit the following Joint Case Management Conference Statement in anticipation of the Case Management Conference scheduled for July 28, 2021, at 2:30 PM in Department 3. 1. POTENTIAL ADDITIONAL PARTIES Plaintiff’s Statement: Plaintiff does not anticipate adding any additional parties at this time. Defendant’s Statement: Defendant does not anticipate adding any additional parties at this time. 2. PARTIES AND COUNSEL Plaintiff’s Statement: Counsel for Plaintiff: Edwin Aiwazian (edwin@calljustice.com), Arby Aiwazian (arby@calljustice.com), Joanna Ghosh (joanna@calljustice.com), Elizabeth Parker-Fawley (elizabeth@calljustice.com), and Arman Marukyan (arman@calljustice.com) of Lawyers for Justice, PC, 410 West Arden Avenue, Suite 203, Glendale, California, 91203, Telephone: (818) 265-1020, Facsimile: (818) 265-1021. Defendant’s Statement: Counsel for Defendant Garuda Labs, Inc. dba Instawork: Andrew M. Spurchise (aspurchise@littler.com) 0f Littler Mendelson P.C., 900 3rd Avenue, 8th Floor, New York, New York 10022-3298, Telephone: (212) 583-9600, Facsimile: (212) 832- 2719; Elisa Nadeau (enadeau@littler.com), Linda Nguyen Bollinger (lbollinger@littler.com), and Alec S. DiMario (adimario@littler.com) 0f Littler Mendelson P.C., 50 West San Fernando Street, 7th Floor, San Jose, California 95 1 13, Telephone: (408) 998-4150, Facsimile: (408) 288- 5686. /// /// /// /// 2 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 410 West Arden Avenue, Suite 203 Glendale, California 91 203 LAWYERS for JUSTICE, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. DISCOVERY COMPLETED TO DATE AND OUTSTANDING DISCOVERY AS OF THE DATE OF THE CONFERENCE Plaintiff’s Statement: Due t0 the stay 0n discovery, n0 formal discovery has been propounded by either party. Defendant’s Statement: Due t0 the stay 0n discovery, n0 formal discovery has been propounded by either party. 4. APPLICABILITY AND ENFORCEABILITY OF AN ARBITRATION CLAUSE Plaintiff’s Statement: Plaintiff does not believe that any relevant arbitration clause governs any of the claims asserted in this lawsuit. Defendant’s Statement: Plaintiff is bound by arbitration. Defendant intends to file a motion t0 compel arbitration as soon as practicable after the case management conference in accordance With any briefing schedule ordered by the Court. 5. LIST OF ALL RELATED LITIGATION PENDING IN OTHER COURTS Plaintiff’s Statement: A related California Private Attorneys General Act (“PAGA”) action exists in this Court, entitled Deangelo Daniels v. Garuda Labs, Inc. DBA Instawork, filed June 25, 2021 (Case Number: 21CV383683) which the Court related 0n July 2, 2021. Additionally, Plaintiff is aware of the following matters pending against Defendant in other courts Which allege related claims: Llamas v. Advantage Worlgrorce Services, LLC, et al., San Francisco County Case No. CGC-21-589650; Tran v. Garuda Labs, Ina, d/b/a Instawork, Alameda County Case No. RG20061241; Tran v. Garuda Labs, Ina, d/b/a Instawork, Alameda County Case No. RG20067292; and Basu-Kesselman v. Garuda Labs, Ina, San Francisco County Case No. CGC- 20-586542. Defendant’s Statement: See Plaintiff’s statement. 6. DESCRIPTION OF THE FACTUAL AND LEGAL ISSUE Plaintiff’s Statement: The present matter is a wage and hour putative class action against Defendant alleging ten (10) causes 0f action. Plaintiff asserts the following claims against Defendant: (1) Violation 0f California Labor Code §§ 510 and 1198 (unpaid overtime); (2) Violation of California Labor Code §§ 226.7 and 512(a) (unpaid meal period premiums); (3) 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 410 West Arden Avenue, Suite 203 Glendale, California 91 203 LAWYERS for JUSTICE, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Violation 0f California Labor Code § 226.7 (unpaid rest period premiums); (4) Violation of California Labor Code §§ 1194, 1197, and 1197.1 (unpaid minimum wages); (5) Violation 0f California Labor Code §§ 201 and 202 (final wages not timely paid); (6) Violation 0f California Labor Code § 204 (wages not timely paid during employment); (7) Violation of California Labor Code § 226(a) (non-compliant wage statements); (8) Violation of California Labor Code § 1174(d) (failure t0 keep requisite payroll records); (9) Violation 0f California Labor Code §§ 2800 and 2802 (unreimbursed business expenses); and (10) Violation 0f California Business & Professions Code §§ 17200, et seq. Defendant’s Statement: Instawork is a San Francisco-based logistics company with employees scattered around the US, in Canada, and in Bangalore, India. Instawork’s employees (engineers, salespersons, account managers, and corporate employees) develop and maintain the software behind an online and mobile marketplace through Which businesses connect With local independent Pros to fill one-time and recurring staffing needs. Defendant denies any and all liability. Plaintiff is bound by arbitration and must pursue his claims individually in arbitration. Defendant intends to file a motion t0 compel arbitration as soon as practicable after the case management conference in accordance With a briefing schedule ordered by the Court. A11 pretrial dates and proceedings in this matter should be deferred until Defendant’s forthcoming motion is decided. 7. THE PARTIES’ TENTATIVE VIEWS ON ADR MECHANISM Plaintiff’s Statement: Plaintiff is amenable t0 mediation after receipt 0f the data and documents necessary for case valuation. Defendant’s Statement: Defendant believes that all matters in this action should be deferred until Defendant’s forthcoming motion to compel arbitration is decided. 8. PHASED OR LIMITED DISCOVERY Plaintiff’s Statement: Plaintiff’ s discovery will be narrowly tailored t0 class certification issues, but Plaintiff anticipates there will be some merits-based discovery propounded Where such discovery intersects and cannot be bifurcated from class certification issues. 4 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 410 West Arden Avenue, Suite 203 Glendale, California 91203 LAWYERS for JUSTICE, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant’s Statement: Defendant believes that all matters in this action should be deferred until Defendant’s forthcoming motion to compel arbitration is decided. Dated: July 22, 2021 LAWYERSfor JUSTICE, PC Arman Marukyan Attorneysfor Plaintiff Dated: July 22, 2021 LITTLER MENDELSON P.C. By: }a¢/B3W‘ Alec DiMario Attorneysfor Defendant 5 JOINT CASE MANAGEMENT CONFERENCE STATEMENT LAWYERS for JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, California 91203 \DOOQQUI-bWNr-t NNNNNNNNNp-tr-th-tt-th-tr-tt-th-tr-tp-A OONQUI-PUJNb-‘OKOOONQU‘I-PUJNP-‘O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OFLOSANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 410 West Arden Avenue, Suite 203, Glendale, California 91203. On July 22, 2021, I served the foregoing document(s) described as: JOINT CASE MANAGEMENT CONFERENCE STATEMENT on interested parties in this action as follows: Andrew M. Spurchise aspurchise@littler.com LITTLER MENDELSON P.C. 900 3rd Avenue, 8th Floor New York, New York 10022-3298 Telephone: (212) 583-9600 Facsimile: (212) 832-2719 Elisa Nadeau enadeau@littler.com Linda Nguyen Bollinger lbollinger@littler.com Alec S. DiMario adimario@littler.com LITTLER MENDELSON P.C. 50 West San Fernando Street, 7th Floor San Jose, California 951 13 Telephone: (408) 998-4150 Facsimile: (408) 288-5686 Attorneys for Defendant [X] BY U.S. MAIL As follows: I am “readily familiar” with the firm’s practice 0f collection and processing correspondence for mailing. Under that practice, it would be deposited With U.S. Postal Service 0n that day With postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that 0n motion 0f the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date of deposit for mailing an affidavit. [X] BY E-MAIL The above-referenced document was transmitted to the person(s) at the e-mail addresses listed herein at their most recent known e-mail address 0r e-mail 0f record in this action. I did not receive, within reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. /// /// /// PROOF OF SERVICE LAWYERS for JUSTICE, PC 410 West Arden Avenue Suute 203 Glendale, California 91203 \DOOflQUl-PUJNr-t NNNNNNNNNt-tb-tr-tt-th-tr-tt-Ar-sr-tt-t OONQUl-PUJNi-‘OKOOOQONU‘I-PUJNF-‘O [X] STATE I declare under penalty of perjury under the laws 0f the State of California that the above is true and correct. Executed on July 22, 2021, at Glendale, California.W Sarin Yeranossian PROOF OF SERVICE