Stipulation and Order

Cal. Super. - 6th Dist.March 24, 2021

1 2 3 4 5 6 7 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF SANTA CLARA 12 13 Case No.: 21CV381073 14 15 vs. 16 17 18 Defendants.19 20 21 Complaint filed: March 24, 2021 22 23 24 25 26 27 28 Assigned to Hon. Socrates P. Manoukian, Dept. 20 VEEV GROUP, INC.; SETT, LLC; AEROTEK, INC.; AMY BOORAS; and DOES 1 to 50, inclusive, STIPULATION AND [PROPOSED] ORDER STAYING THE INSTANT ACTION PENDING RESOLUTION OF RELATED ACTION PENDING IN CONTRA COSTA COUNTY SUPERIOR COURT Attorneys for Defendant AEROTEK, INC. Michael S. Kun (SBN 208684) Kevin D. Sullivan (SBN 270343) EPSTEIN BECKER & GREEN, P.C. 1925 Century Park East, Suite 500 Los Angeles, CA 90067 Telephone: (310) 556-8861 Facsimile: (310)-553-2165 mkun@ebglaw.com ksuiiivan@ebglaw.com _____________ - 1 -__________________________________ STIPULATION AND [PROPOSED] ORDER STAYING THIS ACTION PENDING RESOLUTION OF RELATED ACTION PENDING IN CONTRA COSTA COUNTY SUPERIOR COURT ANDRES SIERRA SUAREZ and JORGE TORES SALAZAR; Plaintiff, on 7/8/2021 5:05 PM Reviewed By: R. Nguyen Envelope: 6807650 XXXXXXXX Filed July 19, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV381073 By: lnguyen 1 2 3 4 5 6 7 8 9 10 11 12 13 14 = 15 16 17 in Contra Costa.18 19 20 21 22 23 24 25 26 27 28 Workforce Development Agency, NOW THEREFORE, the parties stipulate to request that the Court stay the instant action pending resolution of the first-filed Vasquez action and that Defendants’ responsive pleading deadline be vacated. -2-___________________________________________ STIPULATION AND [PROPOSED] ORDER STAYING THIS ACTION PENDING RESOLUTION OF RELATED ACTION PENDING IN CONTRA COSTA COUNTY SUPERIOR COURT WHEREAS, on July 22, 2020, Kevin Vasquez filed a proposed representative action in Contra Costa County Superior Court (case no. CIVMSC20-01379), alleging various wage and hour claims under the Private Attorneys General Act (“PAGA”) against, inter alia, Aerotek, Inc. (“Aerotek”), Veev Group, Inc. (“Veev Group”) and Sett LLC (“Sett”), each of which are Defendants in the instant action; WHEREAS, in his PAGA action, the Vasquez plaintiff seeks to represent all Aerotek non- exempt employees who have been assigned to work at Veev Group, Inc. from May 18, 2019 to the present; WHEREAS, on March 24, 2021, Plaintiffs Andres Sierra Suarez and Jorge Tores Salazar (collectively, “Plaintiffs”) filed the instant proposed representative action in this Court, also alleging various wage and hour claims under PAGA against, inter alia, Aerotek, Veev Group, and Sett; WHEREAS, Code of Civil Procedure section 430.10, subdivision (c) provides that a defendant may make a plea in abatement through a demurrer on the grounds that “[t]here is another action pending between the same parties on the same cause of action”; and WHEREAS, the parties agree that the causes of action in this case are substantially similar as those alleged in the first-filed Vasquez action and that this case is between the same defendants as well as the same real party in interest as the plaintiff in Vasquez - i.e., the California Labor & WHEREAS, Plaintiffs in the instant action seek to represent PAGA Pool workers employed by Defendants who worked on a Public Work project called the Emergency Interim Housing Monterey @ Bernal which occurred roughly from June to October 2020. WHEREAS the parties agree that the claims in this case arising out of the Public Work project called the Emergency Interim Housing Monterey @ Bernal are covered by the Vasquez action filed IT IS SO STIPULATED.1 2 3 EPSTEIN BECKER & GREEN, P.C.DATED: July 1, 20214 5 By: 6 7 8 9 10 11 HANSON BRIDGETT LLPDATED: July 1,2021 12 13 By: 14 15 16 17 18 19 DATED: July 1,202120 21 By:22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER STAYING THIS ACTION PENDING RESOLUTION OF RELATED ACTION PENDING IN CONTRA COSTA COUNTY SUPERIOR COURT JUSTICE AT WORK LAW GROUP, LLP LAW OFFICE OF STEPHAN R. WATTENBERG Tomas E. Margain Huy Tran Stephan R. Wattenberg Claire E. Greene Michael S. Kun Kevin D. Sullivan Attorneys for Defendants VEEV GROUP, INC.; SETT, LLC; and AMY BOORAS Attorneys for Plaintiffs ANDRES SIERRA SUAREZ and JORGE TORES SALAZAR Attorneys for Defendant AEROTEK, INC. Molly L. K&ban Amanda M. Osowski \DOOQGKII#UJNu-a NNNNNNNNNi-lb-Ir-Ir-Ii-Ap-Ir-IHHI-n 00\]°\UI-BU)NHO\DWQO\MAUJNHO Having considered the parties’ stipulation, and upon good cause shown, the Court hereby ORDERS as follows: 1. The instant action is STAYED pending resolution of the action known as Kevin Vasquez v. Veev Group, Inc, et al., Contra Costa County Superior Court case no. CIVMSCZO- 01379; V 2. The responsive pleading deadline for Defendants Aerotek, Inc., Veev Group, Inc., Sett LLC, and Amy Booras is hereby VACATED; and 3. A non-appearance case review hearing is set for 24 marCh 2022 at WV 10:091Q5Epartment 20 of this Court. The parties shall file a joint report at least five court days before that date indicating the status of the Vasquez action and whether the stay in this action should remain in place. IT IS SO ORDERED. Signed: 7/16/2021 11:11 PM O 16 June 2021 M . , 2021 Hon. Socrates P. Manoukian JUDGE OF THE SUPERIOR COURT DATED : -4- STIPULATION AND [PROPOSED] ORDER STAYING THIS ACTION PENDING RESOLUTION OF RELATED ACTION PENDING IN CONTRA COSTA COUNTY SUPERIOR COURT 17687131.] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Suarez, et al. v. Veev Group, et al. (Santa Clara County Superior Court Case N0. 21CV381073) STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA At the time 0f service, I was over 18 years of age and not a party to this action. I am employed in the County of Contra Costa, State 0f California. My business address is 1676 N. California B1Vd., Suite 620, Walnut Creek, CA 94596. On July 8, 2021, I served a true copy of the following document described as: STIPULATION AND [PROPOSED] ORDER STAYING THE INSTANT ACTION PENDING RESOLUTION OF RELATED ACTION PENDING IN CONTRA COSTA COUNTY SUPERIOR COURT 0n the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: Based 0n the agreement 0f the parties to accept service by e-mail 0r electronic transmission, I caused a copy of the document to be sent from e-mail address vcarter@hansonbridgett.com to the persons at the e-mail addresses listed in the Service List. BY ELECTRONIC SERVICE: I electronically served the document described above Via Odyssey eFileCA, 0n the recipients listed 0n the Service List. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed 0n July 8, 2021, at San Ramon, California. WU Venisa C. Carter -1- PROOF OF SERVICE 17687131.] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Suarez, et al. v. Veev Group, et al. (Santa Clara County Superior Court Case N0. 21CV381073) Tomas E. Margain, Esq. Huy Tran, Esq. JUSTICE AT WORK LAW GROUP, LLP 1550 The Alameda, Suite 302 San Jose, CA 95126 Email: T0mas(aDJAWLaWGroup.com HuV@JAWLaWGr0uD.com Stephan R. Wattenberg, Esq. Claire E. Greene, Esq. LAW OFFICE OF STEPHAN R. WATTENBERG P.O. Box 657 Forest Ranch, CA 95942 Email: srwattnv@pacbell.net cegattv@law4u.comcastbiznet Michael S. Kun, Esq. EPSTEIN BECKER GREEN 1925 Century Park East, Suite 500 Los Angeles, CA 90067-2506 Email: MKun@ebglaw.com -2- (Attorneysfor Plaintiff? ANDRES SIERRA SUAREZ andJORGE TORES SALAZAR) (Attomeysfor Plaintiffs ANDRES SIERRA SUAREZ andJORGE TORES SALAZAR) (Attorneysfor Defendant AEROTEK, INC.) PROOF OF SERVICE