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Contract analysis / opposition-ex-parte-discovery.docx

opposition-ex-parte-discovery.docx

High · 3 Medium · 0 Standard · 0

I. INTRODUCTION

I. INTRODUCTION Defendant Aurelius Media Americas Inc. ("AMA" or "Defendant") respectfully submits this Opposition to the Ex Parte Application for Order Permitting Expedited discovery (the "Application") filed by Plaintiff Marisol Fuentes ("Plaintiff" or "Plaintiffs") on January 4, 2023. As set forth below, the Application is procedurally deficient, substantively meritless, and should be denied in its entirety. Plain

II. RELEVANT PROCEDURAL BACKGROUND High

⚑ Penalty / liquidated damages

II. RELEVANT PROCEDURAL BACKGROUND The relevant procedural history of this action is as follows: On November 1, 2022, Plaintiff Marisol Fuentes filed a putative class action complaint (the "Fuentes Complaint") in the Superior Court of the State of California, County of Los Angeles, Central District, bearing Case No. 22STCV38214. The Fuentes Complaint was filed on behalf of Ms. Fuentes individually and on behalf of a

III. LEGAL STANDARD

III. LEGAL STANDARD An ex parte application is an extraordinary procedural mechanism that permits a party to seek relief from the Court on shortened time and, in many circumstances, without the full briefing and hearing process that normally accompanies noticed motions. Because of the extraordinary nature of ex parte relief, the threshold requirements for such applications are stringent and well-established. Californ

IV. ARGUMENT High

⚑ Non-compete / exclusivity restraint

IV. ARGUMENT A. Plaintiffs Have Not Demonstrated Irreparable Harm The threshold requirement for ex parte relief — a showing of immediate danger of irreparable harm — is entirely absent from Plaintiffs' Application. Plaintiffs' claims relate exclusively to historical wage-and-hour practices that allegedly occurred during a class period commencing November 1, 2018. The alleged violations that form the basis of the Fuen

1. Plaintiffs Failed to Engage in Meaningful Meet-and-Confer

1. Plaintiffs Failed to Engage in Meaningful Meet-and-Confer Code of Civil Procedure section 2016.040 establishes the meet-and-confer requirement applicable to discovery disputes. Section 2016.040 provides that a "meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." This requirement is not a m

2. The Application Is Premature in Light of the Case's Procedural Posture

2. The Application Is Premature in Light of the Case's Procedural Posture Beyond the meet-and-confer deficiency, the Application is fundamentally premature. This case is in its earliest possible procedural stage. Consider the following: • AMA has not yet filed its Answer or other responsive pleading. The timeline for AMA's responsive pleading is dependent on the completion of service and the resolution of the anticip

V. CONCLUSION High

⚑ Penalty / liquidated damages

V. CONCLUSION For the foregoing reasons, Defendant Aurelius Media Americas Inc. respectfully requests that this Court deny Plaintiffs' Ex Parte Application for Order Permitting Expedited discovery in its entirety. The Application fails to satisfy the threshold requirements for ex parte relief under California Rules of Court, Rule 3.1202(c). Plaintiffs have not demonstrated the existence of an immediate danger of irre

II. RELEVANT PROCEDURAL BACKGROUND | 3

II. RELEVANT PROCEDURAL BACKGROUND | 3

IV. ARGUMENT | 7

IV. ARGUMENT | 7 A. Plaintiffs Have Not Demonstrated Irreparable Harm | 7 B. The Regular discovery Process Is More Than Adequate | 11 C. Plaintiffs' Application Is Premature and Procedurally Improper | 13 D. AMA Is Prepared to Engage in discovery on a Reasonable Schedule | 16

V. CONCLUSION | 18