Statement Case Management Conference

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

\DOOQQUIhb-JNH NNNMNNNMNHr-Hr-IHr-nr-Ib-Ab-‘H WflthWNHOWW‘JQMhU-‘NHO 21 CV3791 48 Santa Clara - Civil Shannon B. Nakabayashi (State Bar No. 215469) Swaja Khanna (State Bar No. 334833) JACKSON LEWIS P.C. 50 California Street, 9th Floor San Francisco, California 941 l 1-4615 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 E-mail: Shannon.Nakabavashi@iacksoulewis.com Swaia.Khanna@iacksonlewis.com Attorneys for Defendant D.P.M.S., INC, dfb/a Dance Machine Matthew J. Matem (State Bar N0. 159798) Tagore O. Subramaniam (State Bar N0. 280126) Julia Z. Wells (State Bar No. 3 14242) MATERN LAW GROUP, PC 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, California 90266 Telephone: (3 10) 53] -] 900 Facsimile: (310) 531-1901 Email: mmatemfflmaternlawgroun.com tagorefi)matemlawgroun£0m jwellsgcgmatemlawgroup.com Attorneys for PlaintiffKODY WALKER individually, and on behalf of other aggrieved employees R. Fle Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/19/2021 1:46 PM Reviewed By: R. Fleming Case #21CV379148 Envelope: 7705611 SUPERIOR COURT 0F THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA KODY WALKER, individually and on behalf 0f others similarly situated, Plaintiff, vs. D.P.M.S., 1110., a Corporation, d/b/a DANCO MACHINE, and DOES l t0 100, inclusive, Defendants. Case No. 21CV379148 Complex JOINT CASE MANAGEMENT STATEMENT Date: November 24, 2021 Time: 2:30 pm. Dept: 3 Judge: Hon. Patricia M. Lucas Complaint Filed: April 5, 2021 Trial Date: Not Set Pursuant to the Court’s July 30, 2021 Notice 0f Further Case Management Conference, Plaintiff KODY WALKER (“Plaintiff”) and Defendant D.P.M.S., Inc. d/b/a Danco Machine (“Defendant”) (collectively, the “Parties”), by and through their respective counsel, hereby submit 1 ming Joint Case Management Statement Case No. 21CV379148 \OOO'H-JQUIhbJNH NNNMNNNMNHr-Hr-IHr-nr-Ib-Ab-‘H WflthWNHOWW‘JO’NMhWNHO the following Joint Case Management Conference Statement in connection with the Case Management Conference scheduled for November 24, 2021, at 2:30 p.m. in Department 3 of the Superior Court of California, County of Santa Clara, located at 191 N. First Street, San Jose, CA 951 13-1090 before the Honorable Patricia M. Lucas. I. SUMMARY OF CASE a. Plaintiff’s Position Plaintiff Kody Walker (“Plaintiff’) is a former non-exempt employee ofDefendant Who worked for Defendant in the State of California. In the instant action, Plaintiff alleges claims against Defendant arising out 0f his employment, individually, and 0n behalf 0f a putative class comprised of all current and former non-exempt employees of Defendant in the State of California during the four years prior t0 the filing 0f the complaint, as well as a group ofaggrieved employees comprised of all current and former non-exempt employees ofDefendant in the State ofCalifornia during the PAGA Penalty Period (i.e., 1 year and 65 days prior to the filing of the compliant). Specifically, Plaintiff asserts wage and hour claims against Defendant, including that Defendant failed to provide Plaintiff and other employees with lawful meal and rest periods, failed to furnish accurate itemized wage statements, and failed to pay all overtime and minimum wages due. Plaintiff’s complaint includes putative class claims for (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure t0 Pay Minimum Wages; (5) Failure to Pay All Wages Due t0 Discharged and Quitting Employees; (6V) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure t0 Indemnify Employees for Necessary Expenditures Incurred in Discharge of Duties; (9) Unfair and Unlawfill Business Practices; as well as a representative action claim for (10) civil penalties under the California Private Attorneys General Act of 2004 (“PAGA”). b. Defendant’s Position Defendant denies Plaintiff’s allegations, and specifically denies that Plaintiff can represent all of Defendant’s current and former employees and that such claims can be manageably tried. Joint Case Management Statement Case No. 2 1CV379148 \OOO'H-JONU'IhDJNH NNNMNNNMNHr-Hr-IHr-nr-Ib-Ab-‘H WflthWNHOWW‘JQMhWNHO Defendant fiu'ther denies that Plaintiff has exhausted his administrative remedies pursuant to Cal. Lab. Code § 2699.3(a)(1)(A). Defendant denies that Plaintiff or the allegedly aggrieved employees he seeks to represent are entitled to any statutory or civil penalties under the Private Attorneys General Act (PAGA). II. SERVICE LIST The Parties" counsel and their current contact information are listed in the caption page of this Statement. The Parties have agreed t0 mutual electronic service, provided that all individuals on Plaintiff's and Defendant’s lists are included 0n the email in order for service to be effective. III. DISCOVERY Plaintiff has served discovery 011 Defendant. The Parties have agreed to stay Defendant’s discovery response deadline pending mediation. IV. ARBITRATION CLAUSES Claims brought under the PAGA may not be compelled t0 arbitration under controlling law including Iskanian v CLS Transportation (2014) 59 Cal. 4th 348. Thus, any purported arbitration agreement is inapplicable and unenforceable in this case as Plaintiffbrings claims under PAGA. V. RELATED LITIGATION There is no related litigation. VI. FACTUAL AND LEGAL ISSUES The Parties are in the process 0f finalizing a Joint Stipulation For Leave t0 File First Amended Complaint. a. Plaintiff’s Position Plaintiff is the process of finalizing the First Amended Complaint and Joint Stipulation For Leave t0 File First Amended Complaint. b. Defendant’s Position Defendant intends t0 file an Answer to Plaintiff’s First Amended Complaint. VII. ADR Both Parties are open to private mediation and are meeting and conferring on the choice of mediator and dates for mediation. Joint Case Management Statement Case No. 2 1CV379148 \Omflamhwm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VIII. PHASED DISCOVERY The Parties do not believe that discovery should be conducted in phases or limited otherwise. Dated: November 19, 2021 Dated: November 19, 2021 By: By: JACKSON LEWIS P.C.WW Shannon B. Nakabayashi Swaja Khanna Attorneys ['or Defendant D.P.M.S., Inc., d/b/a Danco Machine MATERN LAW GROUP P.C.4% "- Matth'ew I. MatemV Tagore O. Subramaniam Julia Z. Wells Attorneys For PlaintiffKODY WALKER individual, and on behalf of other aggrieved employees Joint Case Management Statement Case No. 21CV379148 QONUI-bUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE [CCP 8 1010.6(2). CRC Rule 2.253(b)(1)(A) and General LR 6] I, Marilou R. Barairo, declare that I am employed With the law firm of Jackson Lewis P.C., whose address is 50 California Street, 9th Floor, San Francisco, California 941 1 1-4615; I am over the age of eighteen (1 8) years and am not a party to this action. On November 19, 2021, I caused t0 be e-served the attached JOINT CASE MANAGEMENT STATEMENT in this action by uploading a true and correct copy thereof, in PDF format, for electronic filing and service by Nationwide Legal, LLC (a court-approved Electronic Filing Service Provider), pursuant to General Rule 6. Said document to be filed With the Court and e-served 0n Plaintiff‘s counsel 0f record, Whose contact information is as follows: Matthew J_ Matem Attorneys for Plaintiff Tagore O. Subramanian Julia Z. Wells MATERN LAW GROUP, PC 1230 Rosecrans Ave., Ste. 200 Manhattan Beach, CA 90266 Telephone: (3 10) 53 1-1900 Facsimile: (3 10) 53 1-1901 Kody Walker E-mail: mmatern@maternlawgroup.com E-mail: tagore@matemlawgroup.com E-mail: iwells@maternlawgr0up.com I declare under penalty of perjury, under the laws of the State of California, that the above is true and correct. Executed on November 19, 2021, at San Francisco, California. Mme” K.5M Marilou R. Barairo 4865-5304-9860, v. 1 PROOF OF SERVICE Case N0. 21CV379148