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Contract analysis / expert-retention-letter-makhija.docx
expert-retention-letter-makhija.docx
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1. Introduction and Purpose of Engagement
1. Introduction and Purpose of Engagement This letter confirms the retention of Workforce Dynamics Consulting LLC ("Workforce Dynamics") and you personally, Dr. Rajesh Makhija, as an expert witness on behalf of our client, Aurelius Media Americas Inc. ("AMA"), a Delaware corporation qualified to do business in California, with its principal office located at 8500 Sunset Boulevard, Suite 1400, West Hollywood, Californ
2. Scope of Engagement
2. Scope of Engagement Dr. Makhija is retained to analyze and opine on the following issues, each of which is critical to AMA's defense against class certification. We anticipate that your analysis and opinions will be presented in the form of a written expert report, a declaration suitable for filing with the Court, and potentially live testimony at the class certification hearing. 2(a). Variability of Working Condi
3. Compensation
Medium
⚑ Liability cap to check against exposure
3. Compensation Workforce Dynamics Consulting LLC will be compensated at the following hourly rates for work performed in connection with this engagement: All invoices should be submitted on a monthly basis to Calderwood & Harkness LLP, addressed to the attention of Devon Archer, Senior Associate, at the address set forth above, with copies to Bernard Crawford, Partner (Billing Attorney). Each invoice must include a
4. Materials to Be Provided
4. Materials to Be Provided C&H will provide the following materials for Dr. Makhija's review and analysis in connection with this engagement. These materials will be produced on a rolling basis as they become available, and all materials are subject to the Stipulated Protective Order entered by the Court in this matter on February 15, 2023 (discussed further in Section 7 below):
1. AMA organizational charts and staffing records for all seven California production fac
1. AMA organizational charts and staffing records for all seven California production facilities, covering the class period (November 1, 2018 through the present).
2. TimeTrack Pro timekeeping data for the class period (November 1, 2018 through the pres
2. TimeTrack Pro timekeeping data for the class period (November 1, 2018 through the present), as extracted from NovaPay Solutions Inc. (2200 Powell Street, Suite 600, Emeryville, CA 94608). The key custodian for this data is Marcus Yee, Director of Client Data Services at NovaPay Solutions. This data set will include punch-in and punch-out records, meal period deduction records, and Missed Meal Attestation entries (
3. Production schedules, call sheets, and daily production logs for representative show u
3. Production schedules, call sheets, and daily production logs for representative show units across all fourteen (14) active show units operating during the class period. C&H will work with AMA to identify a representative sample of production documents that capture the variability in scheduling practices and working conditions across production types and facilities.
4. AMA's written Meal and Rest Break Policy (revised January 2019) and the AMA Employee H
4. AMA's written Meal and Rest Break Policy (revised January 2019) and the AMA Employee Handbook (revised March 2021). These documents set forth AMA's official policies regarding meal and rest break scheduling, duration, and documentation.
5. AMA training materials related to timekeeping and meal/rest break compliance, to the e
5. AMA training materials related to timekeeping and meal/rest break compliance, to the extent such materials exist. This may include supervisor training presentations, employee onboarding materials, and any written guidance distributed to UPMs and Line Producers regarding break scheduling.
6. Missed Meal Attestation feature activation and deactivation logs for each of the seven
6. Missed Meal Attestation feature activation and deactivation logs for each of the seven California facilities, as maintained in the TimeTrack Pro system. These logs will document when the Missed Meal Attestation feature was activated or deactivated at each facility and the reasons, if documented, for any configuration changes.
7. Deposition transcripts of the Named Plaintiffs and AMA witnesses, as they become avail
7. Deposition transcripts of the Named Plaintiffs and AMA witnesses, as they become available. Depositions in this matter are currently scheduled for the April–May 2023 timeframe. C&H will provide transcripts on a rolling basis as they are finalized.
8. Plaintiffs' class certification motion and all supporting declarations and exhibits, w
8. Plaintiffs' class certification motion and all supporting declarations and exhibits, when filed. We anticipate that Plaintiffs will file their motion for class certification on or about April 14, 2023.
9. Plaintiffs' expert report authored by Dr. Howard Rennick of Pinnacle Economic Consulti
9. Plaintiffs' expert report authored by Dr. Howard Rennick of Pinnacle Economic Consulting Group LLC (3000 El Camino Real, Suite 500, Palo Alto, CA 94306), when produced. We anticipate that Dr. Rennick's report will be served on or about April 28, 2023.
10. AMA's Acceptable Use and Confidentiality Policy (March 2021 revision), which governs
Medium
⚑ Confidentiality undertaking
10. AMA's Acceptable Use and Confidentiality Policy (March 2021 revision), which governs the handling and dissemination of company-confidential data and materials.
11. Any additional documents identified as relevant during the course of analysis. C&H wi
11. Any additional documents identified as relevant during the course of analysis. C&H will coordinate with you to identify any supplemental materials that may be needed as your analysis progresses. We will endeavor to provide the initial tranche of materials — including organizational charts, timekeeping data, the Meal and Rest Break Policy, and the Employee Handbook — within ten (10) business days of your acceptanc
5. Deliverables and Timeline
Standard
⚑ Commercial term
5. Deliverables and Timeline The following table sets forth the key deliverables and associated due dates for this engagement: The draft expert report will be submitted to C&H for review and comment. C&H will provide substantive feedback on the draft report within seven (7) business days of receipt. The final expert report should incorporate C&H's feedback and any additional data analysis identified during the review
6. Coordination with Other Defense Experts
6. Coordination with Other Defense Experts You should be aware that C&H has also retained Dr. Catherine Lindstrom of Hargrove Analytics Inc. (515 South Figueroa Street, Suite 1100, Los Angeles, CA 90071) as an economics and damages expert in this matter. Dr. Lindstrom's engagement focuses on rebutting Plaintiffs' damages model and constructing an alternative damages calculation for AMA. Her analysis will address the
7. Confidentiality
Medium
⚑ Confidentiality undertaking
7. Confidentiality All materials provided to Workforce Dynamics Consulting LLC in connection with this engagement are confidential and are subject to the Stipulated Protective Order entered by the Court in this matter on February 15, 2023 (the "Protective Order"). A copy of the Protective Order will be provided to you with the initial tranche of materials. Materials designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIA
8. Independence and Disclosure
8. Independence and Disclosure Dr. Makhija confirms that he has no prior professional or personal relationship with any party, counsel, or witness in this matter that would impair his independence or objectivity as an expert witness. Dr. Makhija further confirms that neither he nor Workforce Dynamics Consulting LLC has performed any work for Aurelius Global Media Group PLC, Aurelius Media Americas Inc., Castellano By
9. Termination
Medium
⚑ Notice / time limit to track
9. Termination Either party may terminate this engagement upon thirty (30) days' written notice to the other party. Written notice of termination should be directed to the contact persons identified in Section 10 below. Upon termination, Workforce Dynamics Consulting LLC will be compensated for all work performed and expenses properly incurred through the effective date of termination, in accordance with the rates an
10. Contact Information
10. Contact Information The primary contacts at C&H for this engagement are as follows: Primary Contact: Devon Archer, Senior Associate Direct Telephone: (213) 555-7238 Email: darcher@calderwoodharkness.com Secondary Contact: Renata Vasquez, Partner (Responsible Attorney) Direct Telephone: (213) 555-7200 Email: rvasquez@calderwoodharkness.com Billing Inquiries: Bernard Crawford, Partner (Billing Attorney) Direct Tele
11. Acceptance
11. Acceptance If the foregoing accurately reflects our mutual understanding of the terms and conditions of this engagement, please sign and return a copy of this letter to my attention at the address above, or by email to darcher@calderwoodharkness.com. Upon receipt of your signed copy, we will begin the process of assembling and transmitting the initial tranche of materials for your review. We look forward to worki