Contract analysis

1. AMA objects to each interrogatory to the extent that it seeks information or documents protected from disclosure by the attorney-client privilege and/or the attorney work product doctrine, as codified in California Evidence Code Sections 950–962 and California Code of Civil Procedure Section 2018.010 et seq., respectively. Any inadvertent disclosure of privileged or protected information shall not be deemed a waiv

2. AMA objects to each interrogatory to the extent that it is overbroad, unduly burdensome, oppressive, or not proportional to the needs of this case, considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discov

3. AMA objects to each interrogatory to the extent that it calls for a legal conclusion or requires AMA to make a legal characterization of facts rather than to provide factual information.

4. AMA objects to each interrogatory to the extent that it seeks information equally available to the propounding party through the propounding party's own records, files, publicly available sources, or through other less burdensome means of discovery.

5. AMA objects to each interrogatory to the extent that any accompanying definition or instruction purports to impose obligations upon AMA beyond those required by the California Code of Civil Procedure, the California Rules of Court, or applicable case law.

6. AMA's responses herein are made without waiving the right to assert additional objections, claims, or defenses at any time, including but not limited to those set forth in AMA's Answer and Affirmative Defenses filed in this action on February 17, 2023. AMA specifically reserves all rights under its Answer and each of the Affirmative Defenses asserted therein, including but not limited to its defenses regarding lac

7. The Stipulated Protective Order entered by the Court on February 15, 2023, governs the treatment and use of confidential business information, proprietary data, trade secrets, and other sensitive information disclosed in connection with these responses. To the extent any response herein contains or references information designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" under the Protect

1. California Registered Agent for Service of Process: Pacific Statutory Agents Inc. 2901 W. Alameda Avenue, Suite 200 Burbank, California 91505 Telephone: (818) 555-3100

2. Officer Authorized to Accept Service: Gregory Tanaka Vice President, Legal & Compliance Aurelius Media Americas Inc. 8500 Sunset Boulevard, Suite 1400 West Hollywood, California 90069 Telephone: (323) 555-4812 FORM INTERROGATORY NO. 4.1 Is there a policy of insurance through which you were insured at the time of the INCIDENT, or through which you are currently insured, that may provide coverage for the damages, cl

1. Employment Practices Liability Insurance Policy Carrier: Pemberton Mutual Assurance Co. Address: 3400 Asylum Avenue, Hartford, Connecticut 06105 Policy Number: PMA-EPL-2022-00837 Policy Period: July 1, 2022 through June 30, 2023 Named Insured: Aurelius Media Americas Inc. and its subsidiaries and affiliated entities Self-Insured Retention: $5,000,000 per claim and in the aggregate Aggregate Policy Limit: $15,000,0

2. Directors' and Officers' Liability Insurance Policy (Primary Layer) Carrier: Redcliffe Specialty Insurance Ltd. Address (U.S. Branch Office): One Liberty Plaza, Suite 4600, New York, New York 10006 Policy Number: RSI-DO-2022-04419 Policy Period: July 1, 2022 through June 30, 2023 Named Insured: Aurelius Media Americas Inc. and its directors and officers Primary Limit: $10,000,000 per claim and in the aggregate Sta

3. Directors' and Officers' Liability Insurance Policy (Excess Layer) Carrier: Ashford Re Ltd. Address: Ashford Re Tower, 141 Front Street, Hamilton HM 19, Bermuda Policy Number: ARL-EX-2022-01102 Policy Period: July 1, 2022 through June 30, 2023 Named Insured: Aurelius Media Americas Inc. and its directors and officers Excess Limit: $25,000,000 in excess of the $10,000,000 Redcliffe Specialty Insurance Ltd. primary

1. Lorraine Okafor Senior Vice President, Human Resources Aurelius Media Americas Inc. 8500 Sunset Boulevard, Suite 1400 West Hollywood, California 90069 Telephone: (323) 555-4820 Ms. Okafor has knowledge regarding, among other things: AMA's meal and rest break policies, both as written and as implemented; the development, revision, and distribution of the AMA Employee Handbook (including the March 2021 revision); HR

2. Gregory Tanaka Vice President, Legal & Compliance Aurelius Media Americas Inc. 8500 Sunset Boulevard, Suite 1400 West Hollywood, California 90069 Telephone: (323) 555-4812 Mr. Tanaka has knowledge regarding, among other things: AMA's compliance policies and procedures; the AMA Acceptable Use and Confidentiality Policy (revised March 2021); the implementation and scope of the litigation hold issued in connection wi

3. Jonathan Mercer President Aurelius Media Americas Inc. 8500 Sunset Boulevard, Suite 1400 West Hollywood, California 90069 Telephone: (323) 555-4801 Mr. Mercer has knowledge regarding, among other things: AMA's corporate structure, business operations, and strategic direction; senior management decisions regarding workforce policies, staffing levels, and production budgets; restructuring initiatives undertaken duri

4. Celine Arroyo Director of Production Operations Aurelius Media Americas Inc. 8500 Sunset Boulevard, Suite 1400 West Hollywood, California 90069 Telephone: (323) 555-4845 Ms. Arroyo has knowledge regarding, among other things: production scheduling practices across AMA's seven California production facilities and fourteen distinct show units; staffing levels and supervisor-to-employee ratios at each facility and sh

5. Dwayne Prescott Vice President of Unscripted Programming Aurelius Media Americas Inc. 4024 Penmark Strategy Partners Avenue Studio City, California 91604 Telephone: (818) 555-6300 Mr. Prescott has knowledge regarding, among other things: the operations, structure, and management of AMA's Unscripted Programming Division; show unit management practices within the Unscripted Division; the supervisory structure and ch

6. Karen Fong Payroll Manager Aurelius Media Americas Inc. 8500 Sunset Boulevard, Suite 1400 West Hollywood, California 90069 Telephone: (323) 555-4833 Ms. Fong has knowledge regarding, among other things: AMA's payroll processing procedures and systems; the configuration and day-to-day operation of the TimeTrack Pro electronic timekeeping system; the automatic 30-minute meal period deduction settings applied to shif

7. Marcus Yee Director of Client Data Services NovaPay Solutions Inc. 2200 Powell Street, Suite 600 Emeryville, California 94608 Telephone: (510) 555-2200 Mr. Yee is a third-party witness employed by NovaPay Solutions Inc., AMA's payroll processor and electronic timekeeping system provider since January 1, 2019. Mr. Yee has knowledge regarding, among other things: the design, architecture, configuration, and customiz

8. Marisol Fuentes (Named Plaintiff) Former Production Coordinator, Unscripted Programming Division Last Known Address: 4227 Los Feliz Boulevard, Apt. 6, Los Angeles, California 90027 Ms. Fuentes is a named Plaintiff in this action. Her period of employment with AMA was March 14, 2019 through August 5, 2022. She was assigned to AMA's Studio City facility (Facility 2) for the duration of her employment. Ms. Fuentes ha

9. Derek Halloran (Named Plaintiff) Former Post-Production Assistant, Digital Content Division Last Known Address: 1518 N. Cahuenga Boulevard, Unit 3B, Hollywood, California 90028 Mr. Halloran is a named Plaintiff in this action. His period of employment with AMA was June 1, 2020 through November 30, 2022. He was assigned to AMA's Hollywood facility (Facility 5) for the duration of his employment. Mr. Halloran has kn

10. Yesenia Padilla (Named Plaintiff) Former Segment Coordinator, Live Events Division Last Known Address: 972 S. Figueroa Street, Apt. 1012, Los Angeles, California 90015 Ms. Padilla is a named Plaintiff in this action. Her period of employment with AMA was January 10, 2018 through May 17, 2022. She was assigned to AMA's Burbank facility (Facility 4) for the duration of her employment. Ms. Padilla has knowledge rega

11. Individual Supervisors (Unit Production Managers and Line Producers) AMA identifies the Unit Production Managers ("UPMs") and Line Producers for each of AMA's fourteen show units operating during the class period (November 1, 2018 through the present) as persons with knowledge regarding production scheduling, meal and rest break implementation, supervisory discretion and decision-making at their respective show u

1. Compliant Meal and Rest Break Policies. AMA maintained written meal and rest break policies that comply with the requirements of the California Labor Code, Sections 226.7, 512, and 516, and Industrial Welfare Commission ("IWC") Wage Order 12-2001 (Motion Picture Industry), Section 11. AMA's policies required the provision of a thirty (30) minute uninterrupted, duty-free meal period for all non-exempt employees wor

2. TimeTrack Pro System and Missed Meal Attestation Feature. AMA's TimeTrack Pro electronic timekeeping system, provided and hosted by NovaPay Solutions Inc. and in use across all seven California facilities since January 1, 2019, included an automatic thirty (30) minute meal period deduction for shifts of six (6) hours or more. This auto-deduction feature was designed to accurately record compliant meal periods take

4. Individualized Variation Across Facilities and Show Units. Working conditions, production schedules, meal and rest break practices, and supervisory structures varied significantly across AMA's seven California production facilities — specifically, the West Hollywood headquarters (Facility 1), Studio City (Facility 2), Sherman Oaks (Facility 3), Burbank (Facility 4), Hollywood (Facility 5), Santa Monica (Facility 6

5. Denial of Systematic Underpayment. AMA denies that its policies or practices resulted in the systematic underpayment of wages, meal period premiums, rest period premiums, overtime compensation, or any other form of compensation owed to Plaintiffs or any putative class member. AMA further denies that it failed to provide accurate, itemized wage statements as required by Labor Code Section 226, or that it failed to

6. Unsuitability for Class Treatment. AMA denies that Plaintiffs' claims are suitable for class-wide adjudication under California Code of Civil Procedure Section 382 and contends that individualized inquiries into each putative class member's experiences, circumstances, and employment history predominate over any common questions of law or fact. AMA's defenses to class certification are set forth in its Ninth and Te

1. Dr. Rajesh Makhija Workforce Dynamics Consulting LLC 444 Castro Street, Suite 800 Mountain View, California 94041 Telephone: (650) 555-9100 Dr. Makhija has been retained as an expert witness on issues of commonality, typicality, and individualized variation in the context of class certification. Dr. Makhija is expected to provide opinions and analysis regarding the significant variations in working conditions, pro

2. Dr. Catherine Lindstrom Hargrove Analytics Inc. 515 S. Figueroa Street, Suite 1100 Los Angeles, California 90071 Telephone: (213) 555-6450 Dr. Lindstrom has been retained as an expert witness on economics and damages. Dr. Lindstrom is expected to provide opinions and analysis supporting AMA's contention that Plaintiffs' aggregate damages claims are overstated, based on unsupported assumptions, and do not accuratel

1. The AMA Employee Handbook, as revised in March 2021, including but not limited to Section 4.3 (Meal Periods), Section 4.4 (Rest Periods), and Section 4.7 (Timekeeping), as well as prior versions of the Employee Handbook in effect during the class period.

2. The AMA Meal and Rest Break Policy (standalone document, effective January 1, 2019), which set forth AMA's policies and procedures for the provision of meal and rest periods to non-exempt employees in compliance with the California Labor Code and applicable IWC Wage Orders.

3. TimeTrack Pro system configuration records, obtained from NovaPay Solutions Inc., documenting the configuration settings, customization parameters, and operational specifications of the TimeTrack Pro electronic timekeeping system as implemented for AMA, including the auto-deduction feature settings and the Missed Meal Attestation feature specifications.

4. Missed Meal Attestation feature activation and deactivation logs, organized by facility and date, reflecting the periods during which the Missed Meal Attestation feature was active and available to employees at each of AMA's seven California production facilities.

5. Payroll records and timekeeping data for the class period (November 1, 2018 through the present), maintained by NovaPay Solutions Inc. as AMA's payroll processor, including time punch data, shift records, auto-deduction records, Missed Meal Attestation submissions, meal period premium payment records, overtime calculations, and wage statements.

6. Production schedules, call sheets, and daily production logs for AMA's fourteen show units, reflecting the specific scheduling, staffing, and operational practices at each show unit during the class period.

7. AMA organizational charts and staffing records, including supervisor assignments, reporting structures, and supervisor-to-employee ratios at each facility and show unit.

8. Employee complaints or grievances related to meal and rest break practices. AMA has identified fourteen (14) formal complaints submitted by non-exempt employees through AMA's HR complaint process during the class period that relate to meal and rest break issues. These complaints have been produced or will be produced in AMA's document production, subject to applicable redactions for privacy and privilege.

9. The AMA Acceptable Use and Confidentiality Policy (revised March 2021), governing employee use of AMA's electronic systems, devices, and confidential information.

10. Training materials related to wage-and-hour compliance, including supervisor training presentations, onboarding materials, and compliance certification records, to the extent such materials exist and have been located.

11. AMA's responses to Plaintiffs' discovery requests in this action, including AMA's responses to Plaintiffs' First Set of Requests for Production of Documents and Plaintiffs' First Set of Special Interrogatories, to the extent served and responded to as of the date of these responses.

12. Deposition transcripts of witnesses deposed in this action, as they are taken during the discovery period.

13. Expert reports to be prepared by Dr. Rajesh Makhija (Workforce Dynamics Consulting LLC) and Dr. Catherine Lindstrom (Hargrove Analytics Inc.), which have not yet been completed but are expected to be produced in accordance with the Court's scheduling order. AMA has produced and continues to produce responsive documents pursuant to Plaintiffs' First Set of Requests for Production of Documents. AMA's document produ