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Contract analysis / expert-retention-letter-proulx.docx
expert-retention-letter-proulx.docx
1007-00004 · 21 clauses
High · 2 Medium · 7 Standard · 1
1. Introduction and Purpose of Engagement
1. Introduction and Purpose of Engagement Calderwood & Harkness LLP represents Vantage Mobility Systems Corp. ("Vantage" or "VMS"), a Delaware corporation with its principal place of business located at 4200 Industrial Parkway, Auburn Hills, Michigan 48326. Vantage is registered to do business in the State of California and operates manufacturing facilities in the state, including the facility at issue in this litiga
2. Background and Summary of Claims
2. Background and Summary of Claims To provide context for the scope of the engagement described in Section 3 below, the following is a summary of the material claims and factual allegations asserted in the Complaint. 2(a). Causes of Action The Complaint asserts seven causes of action against Vantage:
1. Meal Period Violations — Failure to provide timely, compliant, uninterrupted, off-duty
1. Meal Period Violations — Failure to provide timely, compliant, uninterrupted, off-duty meal periods of not less than 30 minutes, in violation of California Labor Code Sections 226.7 and 512;
2. Rest Period Violations — Failure to authorize and permit paid 10-minute rest breaks fo
2. Rest Period Violations — Failure to authorize and permit paid 10-minute rest breaks for every four hours worked (or major fraction thereof), in violation of California Labor Code Section 226.7;
3. Unpaid Wages — Failure to pay all wages owed, including premium pay for missed or non-
3. Unpaid Wages — Failure to pay all wages owed, including premium pay for missed or non-compliant meal and rest periods, in violation of California Labor Code Sections 204 and 1194;
4. Inaccurate Wage Statements — Failure to furnish accurate, itemized wage statements ref
4. Inaccurate Wage Statements — Failure to furnish accurate, itemized wage statements reflecting all hours worked and all wages earned, in violation of California Labor Code Section 226;
5. Waiting Time Penalties — Willful failure to timely pay all wages due upon separation f High
⚑ Penalty / liquidated damages
5. Waiting Time Penalties — Willful failure to timely pay all wages due upon separation from employment, in violation of California Labor Code Section 203;
6. Unfair Business Practices — Unlawful, unfair, and/or fraudulent business practices ari
6. Unfair Business Practices — Unlawful, unfair, and/or fraudulent business practices arising from the alleged Labor Code violations, in violation of California Business and Professions Code Section 17200 et seq.; and
7. PAGA Penalties — Civil penalties for the foregoing Labor Code violations brought in a High
⚑ Penalty / liquidated damages
7. PAGA Penalties — Civil penalties for the foregoing Labor Code violations brought in a representative capacity on behalf of the State of California, pursuant to the Private Attorneys General Act, California Labor Code Section 2698 et seq. 2(b). Central Factual Allegations The central factual predicate of the Complaint is Vantage's use of an automatic 30-minute meal period deduction feature in its electronic timekee
3. Scope of Expert Engagement Medium
⚑ Liability cap to check against exposure
3. Scope of Expert Engagement The following subsections describe the specific tasks and analyses that you are being retained to perform. The scope described herein reflects our current understanding of the issues in the case; additional assignments may be requested as the litigation develops, subject to the limitations set forth in Section 10 of this letter. 3(a). Statistical Analysis of Time-Punch Data You will be a
4. Data and Materials to Be Provided Medium
⚑ Assignment / subcontracting
4. Data and Materials to Be Provided To facilitate the analyses described in Section 3, Calderwood & Harkness LLP will arrange for the following data and materials to be made available to you. We anticipate that the initial production of data will occur within approximately two to three weeks of the execution of this letter, with supplemental materials provided on a rolling basis as they become available through disc
5. Compensation and Billing Terms Standard
⚑ Commercial term
5. Compensation and Billing Terms Veltrano Analytics LLC's compensation for services rendered in connection with this engagement shall be as follows: (a) Expert Consulting, Analysis, and Report Preparation. Dr. Proulx's standard hourly rate for expert consulting, statistical analysis, and the preparation of expert reports and declarations: $__________ per hour. (Please insert Veltrano Analytics' current rate in the s
6. Timeline and Deliverables
6. Timeline and Deliverables The following is a preliminary timeline for the principal phases of your engagement. Specific deadlines will be governed by the court's scheduling order and any stipulations between the parties, which we will communicate to you promptly as they are established. Phase 1 — Preliminary Data Review and Analysis. Upon receipt of the ApexTime 6.2 data and associated payroll records, you will co
7. Confidentiality and Privilege Protocols Medium
⚑ Liability cap to check against exposure
7. Confidentiality and Privilege Protocols The following protocols shall govern the treatment of confidential, privileged, and protected materials and information in connection with this engagement. 7.1 Confidentiality. All materials, data, documents, communications, analyses, drafts, and work product provided to you or generated by you in connection with this engagement are confidential. You shall not disclose any s
8. Independence and Conflicts Medium
⚑ Liability cap to check against exposure
8. Independence and Conflicts 8.1 No Prior Relationships. By executing this letter, Dr. Proulx confirms that, to the best of his knowledge, he has no prior personal, professional, financial, or consulting relationship with any party to this litigation, including without limitation: • Vantage Mobility Systems Corp. • Ashgrove Equity Partners Industrial Partners, LP (Vantage's private equity sponsor) • Gloria Reyes (na
9. Termination Medium
⚑ Confidentiality undertaking
9. Termination 9.1 Termination by Either Party. Either party may terminate this engagement upon thirty (30) days' prior written notice to the other party, delivered by email and first-class mail to the addresses set forth in this letter. 9.2 Immediate Termination by Counsel. Notwithstanding the foregoing, Calderwood & Harkness LLP reserves the right to terminate this engagement immediately and without advance notice
10. Limitation of Engagement Medium
⚑ Liability cap to check against exposure
10. Limitation of Engagement 10.1 Scope. This engagement is limited to the specific tasks and analyses described in Section 3 of this letter. Any expansion or modification of the scope of the engagement — including the addition of new analytical tasks, the analysis of additional data sets not contemplated herein, or the extension of the engagement to related litigation or proceedings — requires the prior written agre
11. Governing Law Medium
⚑ Forum / governing law
11. Governing Law This engagement letter, and any disputes arising out of or relating to the terms and conditions hereof, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.
12. Acceptance
12. Acceptance If the foregoing terms are acceptable, please indicate your acceptance by signing and dating this letter in the space provided below and returning an executed copy to my attention at Calderwood & Harkness LLP, 633 West Fifth Street, Suite 4400, Los Angeles, California 90071, or by email to rvasquez@calderwoodharkness.com. A scanned or electronically signed copy shall be deemed an original for all purpo
1. Complaint, Gloria Reyes, individually and on behalf of all others similarly situated,
1. Complaint, Gloria Reyes, individually and on behalf of all others similarly situated, and on behalf of the State of California v. Vantage Mobility Systems Corp., Case No. CIVSB-2025-04781, Superior Court of California, County of San Bernardino (filed August 1, 2025)
2. Ridgeway National Insurance Company — Reservation of Rights Letter dated August 18, 20
2. Ridgeway National Insurance Company — Reservation of Rights Letter dated August 18, 2025 (provided for reference regarding billing and cost management protocols only; not for distribution) Contact Information for Day-to-Day Coordination: Please direct all questions, correspondence, and deliverables in the first instance to Renata Vasquez. Day-to-day coordination of data production, document review, and status upda