Contract analysis

I. PARTY INFORMATION A. Defendant Aurelius Media Americas Inc. Defendant Aurelius Media Americas Inc. ("AMA") is a corporation organized and existing under the laws of the State of Delaware, Delaware File No. 5284731, and is qualified to transact business in the State of California. AMA's principal office is located at 8500 Sunset Boulevard, Suite 1400, West Hollywood, California 90069. AMA is a wholly owned subsidia

1. Marisol Fuentes — A former Production Coordinator in AMA's Unscripted Programming Division, employed by AMA from approximately March 14, 2019 through August 5, 2022.

2. Derek Halloran — A former Post-Production Assistant in AMA's Digital Content Division, employed by AMA from approximately June 1, 2020 through November 30, 2022.

3. Yesenia Padilla — A former Segment Coordinator in AMA's Live Events Division, employed by AMA from approximately January 10, 2018 through May 17, 2022. D. Plaintiffs' Counsel Plaintiffs are represented by the following counsel: Castellano Byrne & Salas LLP (Lead Class Counsel) Marco Castellano (SBN 198422) Diane Salas Trevor Kim 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025 Veltrano Employment

II. NATURE OF CASE A. Overview This is a consolidated putative class action alleging wage-and-hour violations under the California Labor Code and the Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), as well as representative claims brought under the Private Attorneys General Act ("PAGA") (Cal. Lab. Code §§ 2698–2699.8). The action arises from Plaintiffs' allegations that AMA failed to provide complian

1. First Cause of Action — Failure to provide compliant meal periods in violation of Cal. Lab. Code §§ 226.7 and 512;

2. Second Cause of Action — Failure to provide compliant rest periods in violation of Cal. Lab. Code § 226.7;

3. Third Cause of Action — Failure to pay overtime wages in violation of Cal. Lab. Code §§ 510 and 1194;

4. Fourth Cause of Action — Failure to pay minimum wages in violation of Cal. Lab. Code §§ 1194, 1197, and 1197.1;

5. Fifth Cause of Action — Failure to provide accurate, itemized wage statements in violation of Cal. Lab. Code § 226;

6. Sixth Cause of Action — Failure to timely pay wages upon separation from employment in violation of Cal. Lab. Code §§ 201–203 (waiting time penalties); and

7. Seventh Cause of Action — Unfair business practices in violation of Cal. Bus. & Prof. Code § 17200 et seq. (Unfair Competition Law). In addition, Plaintiffs assert representative claims for penalties under PAGA on behalf of themselves and all aggrieved employees. D. Putative Class Definition As pled in the Consolidated Complaint, Plaintiffs seek to certify the following class: All current and former non-exempt, ho

III. PROCEDURAL HISTORY The procedural history of this consolidated action is as follows: • November 1, 2022: Named plaintiff Marisol Fuentes filed the original complaint in Fuentes v. Aurelius Media Americas Inc., Case No. 22STCV38214, in the Los Angeles County Superior Court. • November 18, 2022: Named plaintiff Derek Halloran filed a related complaint in Halloran v. Aurelius Media Americas Inc., Case No. 22STCV395

IV. RELATED CASES AMA is aware of the following related case: A. *Aldrich v. Aurelius Media Americas Inc.*, Case No. 22STCV41087 This action was filed on December 9, 2022, in the Los Angeles County Superior Court and is currently assigned to the Honorable Catherine Villanueva, Department 52. The plaintiff in the Aldrich action is Gavin Aldrich, AMA's former Senior Vice President of Original Content and Executive Prod

V. DISCOVERY PLAN A. ESI Protocol The parties entered into an ESI Protocol Stipulation and Order on January 13, 2023, which governs the format and procedures for the production of electronically stored information ("ESI") in this litigation. The ESI Protocol provides, among other things, for the following: • Format: Spreadsheets and databases are to be produced in native format. Emails and other documents are to be p

1. Lorraine Okafor — Senior Vice President, Human Resources;

2. Gregory Tanaka — Vice President, Legal & Compliance;

3. Marcus Yee — Director of Client Data Services, NovaPay Solutions Inc. (third-party custodian);

4. Jonathan Mercer — President, Aurelius Media Americas Inc.;

5. Celine Arroyo — Director of Production Operations;

6. Dwayne Prescott — Vice President of Unscripted Programming; and

7. Karen Fong — Payroll Manager. AMA reserves the right to identify additional custodians as discovery progresses and the scope of the relevant issues is further refined. D. Estimated Document Production Volume AMA anticipates producing approximately 150,000 documents from the identified custodians and data sources. The anticipated production includes, but is not limited to: timekeeping data from the NovaPay Solution

VI. CLASS CERTIFICATION A. Plaintiffs' Anticipated Motion Plaintiffs have indicated through meet-and-confer communications that they intend to file a motion for class certification pursuant to California Code of Civil Procedure § 382 and applicable case law. B. AMA's Opposition AMA intends to oppose class certification. AMA will file a comprehensive opposition supported by detailed declarations from AMA operational a

VII. ALTERNATIVE DISPUTE RESOLUTION AMA is willing to participate in mediation at an appropriate time. AMA believes, however, that mediation would be most productive if conducted after the Court issues its ruling on class certification. At that point, the parties will be better positioned to assess the value of the case and engage in meaningful settlement discussions, because the scope of any certified class (or the

VIII. TRIAL ESTIMATE If this matter does not settle or otherwise resolve prior to trial, AMA estimates that trial would require approximately 15 to 20 court days, depending on the scope of any class certified by the Court and the number of witnesses required to testify on common and individualized issues. AMA is prepared to discuss trial scheduling with the Court and Plaintiffs' counsel following the resolution of th

IX. INSURANCE AMA maintains the following insurance coverages relevant to this litigation: A. Employment Practices Liability Insurance AMA maintains Employment Practices Liability ("EPL") insurance with Pemberton Mutual Assurance Co. under Policy No. PMA-EPL-2022-00837. The policy carries a $5,000,000 self-insured retention and provides a $15,000,000 aggregate limit. AMA tendered the defense of this action to Pembert

X. JURY TRIAL AMA has not waived its right to a jury trial. AMA anticipates that this matter, if it proceeds to trial, will be tried to a jury. AMA's Answer and Affirmative Defenses, filed on February 17, 2023, included a demand for jury trial.

XI. OTHER MATTERS A. Pending Demurrer As noted in Section III above, AMA's Demurrer to Plaintiffs' Seventh Cause of Action (UCL — Cal. Bus. & Prof. Code § 17200 et seq.) was filed on December 19, 2022, and is pending hearing. AMA contends that the UCL claim is duplicative of Plaintiffs' statutory causes of action under the Labor Code and fails to state facts sufficient to constitute a cause of action. AMA respectfull

XII. CONCLUSION AMA respectfully requests that the Court consider the foregoing and enter a Case Management Order consistent with the proposed discovery and class certification briefing schedules set forth herein. AMA further requests that the Court schedule the hearing on AMA's pending Demurrer at the earliest available date. AMA is prepared to address any additional matters at the Initial Case Management Conference