SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
MARISOL FUENTES, DEREK HALLORAN, and YESENIA PADILLA, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
Defendants.
Lead Case No. 22STCV38214 (Consolidated with Case No. 22STCV39501)
Assigned for all purposes to the Honorable Raymond Escobedo, Department 34
DEFENDANT AURELIUS MEDIA AMERICAS INC.'S COMPENDIUM OF EXHIBITS IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
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I. INTRODUCTION
Defendant Aurelius Media Americas Inc. ("AMA") hereby submits this Compendium of Exhibits in support of its Opposition to Plaintiffs' Motion for Class Certification, filed concurrently herewith on June 16, 2023. This Compendium contains and indexes all exhibits referenced in AMA's Opposition to Plaintiffs' Motion for Class Certification, as well as all exhibits referenced in the following supporting declarations, each filed in connection with the Opposition:
1. Declaration of Lorraine Okafor, Senior Vice President, Human Resources, Aurelius Media Americas Inc. (filed June 14, 2023);
2. Declaration of Celine Arroyo, Director of Production Operations, Aurelius Media Americas Inc. (filed June 14, 2023);
3. Declaration of Karen Fong, Payroll Manager, Aurelius Media Americas Inc. (filed June 14, 2023);
4. Declaration of Dr. Rajesh Makhija, Industrial/Organizational Psychology Expert, Workforce Dynamics Consulting LLC (filed June 14, 2023);
5. Declaration of Dr. Catherine Lindstrom, Economics Expert, Hargrove Analytics Inc. (filed June 14, 2023); and
6. Declaration of Devon Archer, Senior Associate, Calderwood & Harkness LLP (filed June 15, 2023).
Certain exhibits contained in this Compendium have been designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY pursuant to the Stipulated Protective Order entered by this Court on February 15, 2023. The confidentiality designation applicable to each exhibit is identified in the Master Exhibit List set forth below in Section II, and a summary of all confidentiality designations is set forth in Section IV. Exhibits designated HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY have been submitted to the Court under seal in accordance with the Stipulated Protective Order and AMA's concurrent Motion to File Under Seal, also filed June 16, 2023.
All exhibits contained in this Compendium are true and correct copies of the original documents and have been authenticated by the appropriate declarant as set forth in the cross-references provided herein. Documents produced by third parties have been authenticated by the custodian of records identified in the applicable declaration or deposition testimony. Electronically stored information has been produced and maintained in accordance with the ESI Protocol Stipulation and Order entered by this Court on January 13, 2023.
II. MASTER EXHIBIT LIST
Exhibit Numbering Convention
Exhibits in this Compendium are numbered sequentially from Exhibit 1 through Exhibit 30. Each exhibit is identified by its exhibit number, a descriptive title, a summary of its contents, the declaration(s) and paragraph number(s) in which the exhibit is cited, and the applicable confidentiality designation, if any. Where an exhibit is also cited in AMA's Opposition memorandum, the relevant section of the Opposition is cross-referenced.
Exhibit 1. AMA Employee Handbook (March 2021 Revision) — Excerpts
Description: Excerpts from the Aurelius Media Americas Inc. Employee Handbook, most recently revised in March 2021, and distributed to all AMA employees. The excerpts included in this Exhibit consist of the following sections:
• Section 4.3 — Meal Periods: Provides that all non-exempt employees are entitled to a thirty (30) minute uninterrupted, duty-free meal period for any shift exceeding five (5) hours of work, and a second thirty (30) minute uninterrupted, duty-free meal period for any shift exceeding ten (10) hours of work. Section 4.3 further instructs employees to notify their supervisor immediately if they are unable to take a timely meal period for any reason.
• Section 4.4 — Rest Periods: Provides that all non-exempt employees are entitled to a net ten (10) minute paid rest period for every four (4) hours worked, or major fraction thereof. Section 4.4 directs employees to take rest periods in the middle of each four-hour work period to the extent practicable, and states that employees should not combine rest periods with meal periods or use rest periods to arrive late or leave early.
• Section 4.7 — Timekeeping: Describes the obligation of all non-exempt employees to accurately record all hours worked using the Company's designated electronic timekeeping system. Section 4.7 states that employees must clock in at the start of their shift and clock out at the end of their shift, and must not perform any work before clocking in or after clocking out. The section also states that any corrections to time records must be submitted promptly to the employee's supervisor.
Referenced In: Declaration of Lorraine Okafor, ¶¶ 3, 5, 6; Declaration of Devon Archer, ¶ 4 (authentication).
Confidentiality Designation: CONFIDENTIAL
Exhibit 2. AMA Meal and Rest Break Policy (Standalone Document, Effective January 1, 2019)
Description: Full text of AMA's standalone Meal and Rest Break Policy, effective January 1, 2019. This standalone policy was developed to supplement the general provisions of the Employee Handbook (Exhibit 1) and was distributed to all non-exempt employees in all seven California production facilities. The policy was distributed in both English and Spanish. The Meal and Rest Break Policy provides for duty-free, uninterrupted thirty (30) minute meal periods in accordance with California Labor Code sections 512 and 226.7, as well as authorization and scheduling of ten (10) minute paid rest periods. The policy includes a section on reporting obligations, requiring employees to report any missed meal or rest breaks to their immediate supervisor or, alternatively, to the Human Resources Department, within the same pay period in which the missed break occurred. The policy also references the TimeTrack Pro electronic timekeeping system and instructs employees to use the Missed Meal Attestation feature if available at their facility to document any missed meal period.
Referenced In: Declaration of Lorraine Okafor, ¶¶ 3, 5; Opposition, Section IV.A.
Confidentiality Designation: CONFIDENTIAL
Exhibit 3. AMA Acceptable Use and Confidentiality Policy (Revised March 2021)
Description: Full text of AMA's Acceptable Use and Confidentiality Policy, last revised in March 2021 and distributed to all employees. This policy prohibits the transmission of Company proprietary information, including but not limited to financial data, production schedules, employee information, and trade secrets, to personal email accounts, personal cloud storage services, or non-Company-approved third-party recipients. The policy requires all employees to acknowledge receipt and review of the policy annually. This exhibit is included in the Compendium for purposes of providing context regarding AMA's overall compliance framework. The policy is primarily relevant to the Aldrich matter referenced in the Opposition's background section but is also referenced to demonstrate the existence of AMA's broader compliance policies and employee acknowledgment processes, which are analogous to the acknowledgment process used for the Meal and Rest Break Policy (Exhibit 2).
Referenced In: Declaration of Devon Archer, ¶ 5 (authentication); Opposition, Section II (Background).
Confidentiality Designation: CONFIDENTIAL
Note: This exhibit is included for contextual purposes. The Acceptable Use and Confidentiality Policy is primarily relevant to the Aldrich matter but is referenced in the background section of AMA's Opposition to provide the Court with a complete picture of AMA's compliance infrastructure.
Exhibit 4. NovaPay Solutions TimeTrack Pro System Configuration Records
Description: Records produced by NovaPay Solutions Inc. (2200 Powell Street, Suite 600, Emeryville, CA 94608) pursuant to a third-party subpoena served on January 30, 2023, documenting the configuration of the TimeTrack Pro electronic timekeeping system as deployed at AMA's seven California production facilities. The configuration records include the following information:
• Auto-Deduction Settings: The TimeTrack Pro system was configured to apply an automatic thirty (30) minute deduction for all employee shifts of six (6) hours or greater at all seven California facilities. This auto-deduction was applied uniformly across all facilities from the initial system deployment in January 2019 through December 2022, when the threshold was corrected to five (5) hours to align with the requirements of California Labor Code section 512(a).
• Missed Meal Attestation Feature Activation Status by Facility:
Activated (January 2019 Rollout):
• Facility 1 — West Hollywood HQ, 8500 Sunset Boulevard, Suite 1400, West Hollywood, CA 90069
• Facility 3 — Sherman Oaks, 15301 Ventura Boulevard, Suite 300, Sherman Oaks, CA 91403
• Facility 5 — Hollywood, 1438 N. Gower Street, Hollywood, CA 90028
• Facility 6 — Santa Monica, 2120 Colorado Avenue, Santa Monica, CA 90404
NOT Activated (March 2019 Rollout):
• Facility 2 — Studio City, 4024 Penmark Strategy Partners Avenue, Studio City, CA 91604
• Facility 4 — Burbank, 3800 W. Alameda Avenue, Burbank, CA 91505
• Facility 7 — El Segundo, 888 N. Sepulveda Boulevard, El Segundo, CA 90245
• Activation and Deactivation Logs: Historical logs documenting the dates on which the Missed Meal Attestation feature was activated and deactivated at each facility. The logs confirm that the feature was activated at Facilities 1, 3, 5, and 6 on January 14, 2019, and that Facilities 2, 4, and 7 were not activated during the March 2019 second-wave rollout. The logs further confirm that the Missed Meal Attestation feature was activated at Facilities 2, 4, and 7 on December 12, 2022.
• Auto-Deduction Threshold Correction: Records documenting the correction of the auto-deduction threshold from six (6) hours to five (5) hours, effective December 12, 2022, across all seven California facilities.
Custodian of Records: Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc.
Referenced In: Declaration of Karen Fong, ¶¶ 7, 8, 9; Declaration of Lorraine Okafor, ¶¶ 4, 5; Declaration of Dr. Catherine Lindstrom, ¶ 12 (data basis); Opposition, Section IV.A.
Confidentiality Designation: HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY
Exhibit 5. Missed Meal Attestation Feature — Activation/Deactivation Logs by Facility
Description: Historical logs extracted from the NovaPay Solutions TimeTrack Pro system showing the complete activation and deactivation history of the Missed Meal Attestation feature at each of AMA's seven California production facilities for the period from January 1, 2019 through the present. These logs supplement and provide additional detail beyond the system configuration records contained in Exhibit 4. Specifically, the logs document that Facilities 2, 4, and 7 were not activated during the March 2019 second-wave rollout, and that this discrepancy persisted until December 12, 2022, when the Missed Meal Attestation feature was activated at all three previously inactive facilities. The logs also include timestamps for each activation and deactivation event, the user identification associated with each event (where available), and the system version in effect at the time of each event.
Custodian of Records: Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc.
Referenced In: Declaration of Karen Fong, ¶ 10; Declaration of Lorraine Okafor, ¶ 5; Opposition, Section IV.A.1.
Confidentiality Designation: HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY
Exhibit 6. Missed Meal Attestation Usage Rate Data by Facility
Description: Summary data table compiled by Karen Fong, Payroll Manager of AMA, showing the usage rates of the Missed Meal Attestation feature at the four AMA California production facilities where the feature was activated during the class period. Usage rates are expressed as a percentage of eligible shifts (defined as shifts of six (6) hours or greater) during which an attestation was recorded by the employee, for the period from January 14, 2019 (the date of initial activation) through November 30, 2022 (the last full month before the feature was activated at the remaining facilities). The usage rates are as follows:
The data table also includes the total number of eligible shifts and the total number of attestations recorded at each facility during the measurement period, as well as quarterly usage rate trends.
Custodian of Records: Karen Fong, Payroll Manager, Aurelius Media Americas Inc.
Referenced In: Declaration of Karen Fong, ¶ 12; Declaration of Dr. Rajesh Makhija, ¶ 18 (analysis); Declaration of Dr. Catherine Lindstrom, ¶ 15 (damages model); Opposition, Section IV.A.1.
Confidentiality Designation: CONFIDENTIAL
Exhibit 7. NovaPay Solutions TimeTrack Pro Data Extract — Summary Statistics
Description: Aggregate summary data extracted from the NovaPay Solutions TimeTrack Pro system for the class period (November 1, 2018 through the present), compiled jointly by Marcus Yee of NovaPay Solutions Inc. and Karen Fong of AMA. The summary statistics include the following data:
• Total Number of Auto-Deducted Shifts Across All Facilities: Approximately 612,000 shifts during the class period in which the thirty (30) minute auto-deduction was applied.
• Shifts with Missed Meal Attestation Recorded (Premium Paid): Approximately 18,400 shifts during the class period in which an employee used the Missed Meal Attestation feature, resulting in override of the auto-deduction and payment of a one-hour meal period premium in the employee's next pay cycle.
• Breakdown by Facility and Show Unit: Detailed tables showing the distribution of auto-deducted shifts and attestation-recorded shifts by each of the seven facilities and each of the fourteen show units.
• Distribution of Shift Lengths (Hours Per Shift) Across 14 Show Units: Histograms and summary statistics (mean, median, standard deviation, minimum, and maximum) of shift lengths for each of the fourteen show units, demonstrating the variation in work schedules across different production types.
• Overtime Hours by Facility and Show Unit: Summary of daily and weekly overtime hours accrued by facility and show unit during the class period.
Custodian of Records: Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc.; Karen Fong, Payroll Manager, Aurelius Media Americas Inc.
Referenced In: Declaration of Karen Fong, ¶ 13; Declaration of Dr. Catherine Lindstrom, ¶ 11 (damages basis); Declaration of Dr. Rajesh Makhija, ¶ 16 (variability analysis); Opposition, Section IV.A.
Confidentiality Designation: HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY
Exhibit 8. AMA Organizational Chart — California Production Operations
Description: Organizational chart depicting the structure of AMA's California production operations as of the date of filing. The chart illustrates the following organizational hierarchy:
• Jonathan Mercer — President, Aurelius Media Americas Inc.
• Dwayne Prescott — Vice President, Unscripted Programming
• Celine Arroyo — Director of Production Operations
• Seven (7) California production facilities, each housing one or more of the fourteen (14) show units
• Each show unit managed by a Unit Production Manager ("UPM") and/or Line Producer, with supervisory authority over non-exempt production staff (production coordinators, production assistants, post-production assistants, segment coordinators, and other non-exempt personnel)
The organizational chart demonstrates the multi-layered supervisory structure within AMA's California operations and the decentralized nature of day-to-day production management, in which individual UPMs and Line Producers exercise significant discretion over scheduling, staffing, and break practices within their respective show units.
Referenced In: Declaration of Celine Arroyo, ¶ 3 (organizational context); Declaration of Dr. Rajesh Makhija, ¶ 9 (variability); Opposition, Section II.
Confidentiality Designation: CONFIDENTIAL
Exhibit 9. List of AMA California Production Facilities
Description: List of AMA's seven California production facilities, including physical addresses and primary functions, as follows:
All seven facilities have been operational throughout all or a substantial portion of the class period. Each facility houses distinct production operations and, in many cases, serves as the primary base for one or more of the fourteen show units identified in Exhibit 10.
Referenced In: Declaration of Lorraine Okafor, ¶ 2; Declaration of Celine Arroyo, ¶ 4 (facilities); Opposition, Section II.
Confidentiality Designation: None (public information)
Exhibit 10. List of AMA Show Units Active During Class Period
Description: List of the fourteen (14) distinct production units operating under Industrial Welfare Commission ("IWC") Wage Order 12-2001 (Motion Picture Industry) during the class period (November 1, 2018 through present), categorized by production type and primary facility. The list includes the following information for each show unit: show unit name, primary facility, typical shift length range, and production type. The fourteen show units are categorized as follows:
• Studio-Based Show Units — Production units operating primarily within a controlled studio environment (e.g., "Kitchen Clash" at Facility 1), characterized by relatively consistent daily schedules and structured meal and rest break periods.
• Field-Based Show Units — Production units operating primarily at remote outdoor or non-studio locations (e.g., "Summit Challenge" coordinated from Facility 4), characterized by longer and more variable shift lengths, logistical challenges in scheduling breaks at remote locations, and greater dependence on supervisory discretion regarding break timing.
• Live Events Show Units — Production units responsible for concerts, awards shows, and other live broadcast events operating primarily from Facility 4, characterized by unique scheduling dictated by the timing of the live event and significant constraints on the ability to schedule breaks during live broadcast windows.
• Post-Production Operations — Units operating at Facilities 1, 5, and 7, performing editing, color correction, sound mixing, and other post-production functions, characterized by regular eight (8) to ten (10) hour days with standard meal and rest break scheduling.
• Digital Content Production — Units operating at Facility 3, producing short-form digital content for streaming and social media platforms, characterized by hybrid schedules incorporating both studio-based and remote shoots.
This exhibit demonstrates the significant operational diversity across AMA's California production workforce, which is central to AMA's argument that individualized inquiries predominate over common questions regarding meal and rest break practices.
Referenced In: Declaration of Celine Arroyo, ¶ 6 (show units); Declaration of Dr. Rajesh Makhija, ¶ 10 (variability); Opposition, Section IV.A.1.
Confidentiality Designation: CONFIDENTIAL
Exhibit 11. Production Schedules — Representative Show Units (Selected Samples)
Description: Representative daily production schedules (commonly referred to as "call sheets") for selected show units, illustrating the significant variation in production-day structure across AMA's California operations. The selected samples include the following:
• Studio-Based Show ("Kitchen Clash"): Call sheets from five representative production days showing consistent nine (9) hour days with a scheduled meal break at a designated time, typically at or near the midpoint of the shift.
• Field-Based Show ("Summit Challenge"): Call sheets from five representative production days showing fourteen (14) to sixteen (16) hour shoot days, with a meal break included in the call sheet but annotated with notes indicating that the timing of the meal break may be adjusted based on logistical challenges at remote filming locations, including weather conditions, travel between locations, and availability of catering facilities.
• Live Events Production: Call sheets from three representative live event production days showing unique scheduling dictated by the timing of the live event (e.g., a live awards show broadcast beginning at 5:00 p.m. Pacific Time), with pre-show setup beginning in the early morning hours and post-show breakdown extending into the late evening, and meal breaks scheduled around the live broadcast window.
• Post-Production Operations: Call sheets and shift schedules from five representative days showing regular eight (8) to ten (10) hour days with standard meal and rest break scheduling at consistent times.
• Digital Content Production: Call sheets from five representative production days showing hybrid schedules incorporating both studio-based shoots with structured breaks and remote shoots with more variable break scheduling.
These representative schedules are offered to demonstrate the diversity of production environments and scheduling practices across AMA's fourteen show units, and to illustrate why a single, uniform inquiry into meal and rest break compliance cannot be applied across the putative class.
Referenced In: Declaration of Celine Arroyo, ¶¶ 7, 8, 9 (scheduling variation); Declaration of Dr. Rajesh Makhija, ¶ 14 (variability); Opposition, Section IV.A.1.
Confidentiality Designation: CONFIDENTIAL
Exhibit 12. Dr. Rajesh Makhija Expert Report (May 19, 2023)
Description: Full expert report of Dr. Rajesh Makhija, an industrial/organizational psychology expert retained by AMA through Workforce Dynamics Consulting LLC, located at 444 Castro Street, Suite 800, Mountain View, CA 94041. The report is dated May 19, 2023, and presents Dr. Makhija's industrial/organizational analysis of variability across AMA's California production operations as it pertains to meal and rest break scheduling, supervisory practices, and employee experiences.
The key findings and opinions set forth in Dr. Makhija's report include the following:
• There are statistically significant differences in work schedules, shift lengths, overtime frequency, and meal period timing across AMA's fourteen (14) show units operating during the class period.
• The percentage of shifts in which employees self-reported missed meal periods (via the Missed Meal Attestation feature, where available) ranged from 2.1% for studio-based production units (e.g., "Kitchen Clash") to 18.7% for field-based production units (e.g., "Summit Challenge"). This variation is statistically significant and reflects fundamental differences in the production environments, scheduling constraints, and supervisory practices applicable to each show unit.
• Supervisory discretion in break scheduling varies materially across all fourteen show units. Unit Production Managers and Line Producers exercise independent judgment regarding the timing, duration, and structure of meal and rest breaks within their respective show units, and these practices differ significantly from one show unit to another.
• Employee experiences with meal and rest breaks are "predominantly individualized" and "cannot be reliably generalized across the putative class" due to the foregoing variations in production type, facility, show unit, shift length, supervisory practices, and individual employee circumstances.
• Individualized inquiry into each putative class member's specific work experience, production environment, supervisory chain, and break practices would predominate over any common questions that might exist, rendering class-wide adjudication unmanageable.
Referenced In: Declaration of Dr. Rajesh Makhija (filed June 14, 2023); Opposition, Sections IV.A, IV.B.
Confidentiality Designation: CONFIDENTIAL
Exhibit 13. Dr. Catherine Lindstrom Expert Report (June 9, 2023)
Description: Full rebuttal expert report of Dr. Catherine Lindstrom, an economics and damages expert retained by AMA through Hargrove Analytics Inc., located at 515 S. Figueroa Street, Suite 1100, Los Angeles, CA 90071. The report is dated June 9, 2023, and is submitted in rebuttal to the expert report of Plaintiffs' expert, Dr. Howard Rennick of Pinnacle Economic Consulting Group LLC, dated April 28, 2023 (Exhibit 17).
The key findings and opinions set forth in Dr. Lindstrom's report include the following:
• Dr. Rennick's damages model is fundamentally flawed because it improperly assumes that every auto-deducted meal period across all facilities and all show units during the class period was a "missed" meal period, effectively treating the auto-deduction itself as evidence of a violation. This assumption ignores the overwhelming evidence that the vast majority of employees actually took compliant, duty-free meal breaks during auto-deducted shifts.
• Dr. Rennick's model fails to account for the approximately 18,400 meal period premiums already paid to employees through the Missed Meal Attestation system during the class period. These premium payments should be credited against any damages calculation, as they represent compensation already provided for documented missed meal periods.
• Dr. Lindstrom presents an alternative damages calculation utilizing actual missed-meal attestation data from the four facilities where the feature was activated, combined with conservative extrapolation to estimate damages at the three facilities where the feature was not activated. This alternative calculation yields aggregate damages of approximately $5.8 million, compared to Dr. Rennick's aggregate damages opinion of $38.6 million (which includes $12.2 million in PAGA penalties).
• Dr. Rennick's PAGA penalty calculation assumes the imposition of maximum penalties under California Labor Code section 2699(f) without accounting for the Court's broad discretion to reduce penalties under California Labor Code section 2699(e)(2), which authorizes the Court to award a lesser amount if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory.
Referenced In: Declaration of Dr. Catherine Lindstrom (filed June 14, 2023); Opposition, Section IV.A.
Confidentiality Designation: CONFIDENTIAL
Exhibit 14. Dr. Makhija — Statistical Analysis Tables: Shift-Length Distributions by Show Unit
Description: Supporting data tables from Dr. Rajesh Makhija's expert report (Exhibit 12), presenting detailed shift-length distributions for each of the fourteen (14) show units during the class period. The tables include mean, median, standard deviation, minimum, maximum, and quartile statistics for shift durations at each show unit, as well as graphical histograms depicting the distribution of shift lengths. The data demonstrates statistically significant variation in shift durations across the five production types (studio-based, field-based, live events, post-production, and digital content), with mean shift lengths ranging from approximately 8.2 hours for post-production units to approximately 13.8 hours for field-based units. These statistical differences support Dr. Makhija's opinion that the experiences of putative class members are predominantly individualized and vary materially by show unit and production type.
Referenced In: Declaration of Dr. Rajesh Makhija, ¶ 17 (data); Opposition, Section IV.A.1.
Confidentiality Designation: HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY
Exhibit 15. Dr. Makhija — Supervisory Practice Variation Analysis
Description: Supporting analysis from Dr. Rajesh Makhija's expert report (Exhibit 12), documenting the differences in supervisory practices among AMA's Unit Production Managers ("UPMs") and Line Producers across the fourteen show units with respect to meal and rest break scheduling. This analysis is based on a review of deposition testimony from three UPMs (Exhibit 25), AMA production protocols, call sheets (Exhibit 11), and interview data collected by Dr. Makhija. The analysis demonstrates that break scheduling practices are driven by individual supervisor decisions made in the context of specific production environments rather than by a uniform, company-wide practice or directive. For example, some UPMs schedule meal breaks at fixed times irrespective of production demands, while others adjust meal break timing based on production flow, and still others implement "rolling" or "staggered" breaks in which crew members take breaks in shifts to maintain production continuity. These differences in supervisory practice are material to the predominance inquiry and support the conclusion that individualized questions regarding whether each putative class member's supervisor provided compliant meal and rest breaks would predominate over common questions.
Referenced In: Declaration of Dr. Rajesh Makhija, ¶ 20 (supervisory); Opposition, Section IV.A.1.
Confidentiality Designation: CONFIDENTIAL
Exhibit 16. Dr. Lindstrom — Alternative Damages Calculation Methodology and Results
Description: Supporting exhibit from Dr. Catherine Lindstrom's expert report (Exhibit 13), detailing the methodology, assumptions, data sources, and results of the alternative damages calculation of approximately $5.8 million. The exhibit includes the following:
• Data Sources: TimeTrack Pro aggregate data (Exhibit 7), Missed Meal Attestation usage rate data (Exhibit 6), NovaPay Solutions system configuration records (Exhibit 4), and AMA payroll records.
• Methodology: Dr. Lindstrom applies the actual missed-meal attestation rate observed at the four facilities where the feature was activated (weighted average of approximately 3.0%) as a reasonable estimate of the true missed-meal rate across the entire putative class. For the three facilities where the feature was not activated, Dr. Lindstrom applies a conservatively upward-adjusted rate of 5.0% to account for the possibility that the absence of the attestation feature may have resulted in some underreporting. The resulting aggregate damages figure of approximately $5.8 million reflects meal period premium payments, rest period premium payments (estimated), and applicable interest, but excludes PAGA penalties.
• Comparison to Dr. Rennick's Model: A side-by-side comparison of Dr. Lindstrom's alternative calculation and Dr. Rennick's $38.6 million figure, identifying the specific assumptions that account for the approximately $32.8 million difference, including Dr. Rennick's assumption of a 100% violation rate, his inclusion of $12.2 million in maximum PAGA penalties, and his failure to credit approximately 18,400 premium payments already made.
• Extrapolation Methodology: Detailed explanation of the statistical basis for extrapolating from the four activated facilities to the three non-activated facilities, including confidence intervals and sensitivity analysis.
Referenced In: Declaration of Dr. Catherine Lindstrom, ¶ 19 (methodology); Opposition, Section IV.A.
Confidentiality Designation: HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY
Exhibit 17. Dr. Howard Rennick Expert Report (April 28, 2023) — Plaintiffs' Expert
Description: True and correct copy of the expert report of Plaintiffs' expert, Dr. Howard Rennick, of Pinnacle Economic Consulting Group LLC, located at 3000 El Camino Real, Suite 500, Palo Alto, CA 94306. The report is dated April 28, 2023. Dr. Rennick opines that aggregate damages for the putative class total approximately $38.6 million, including approximately $26.4 million in meal and rest period premiums, waiting time penalties, and interest, and approximately $12.2 million in penalties under the Private Attorneys General Act ("PAGA"), California Labor Code sections 2698 et seq. This exhibit is included in the Compendium because it is referenced in AMA's Opposition and in AMA's Evidentiary Objections to the Declaration of Dr. Rennick (filed June 16, 2023), and because it is the subject of Dr. Lindstrom's rebuttal report (Exhibit 13).
Referenced In: Defendant's Evidentiary Objections to Declaration of Dr. Howard Rennick (filed June 16, 2023); Declaration of Dr. Catherine Lindstrom, ¶ 8 (rebuttal); Opposition, Section IV.A.
Confidentiality Designation: CONFIDENTIAL (as designated by Plaintiffs pursuant to the Stipulated Protective Order)
Exhibit 18. Deposition Transcript Excerpts — Marisol Fuentes (May 2, 2023)
Description: Selected excerpts from the deposition of named plaintiff Marisol Fuentes, taken on May 2, 2023, at the offices of Calderwood & Harkness LLP, Los Angeles, California. The deposition lasted approximately six (6) hours and twenty-two (22) minutes. The selected excerpts include the following testimony:
• Ms. Fuentes testified that she was employed by AMA as a Production Coordinator in the Unscripted Programming Division, working primarily at the Studio City facility (Facility 2, 4024 Penmark Strategy Partners Avenue, Studio City, CA 91604), from approximately March 2019 through August 2022.
• Ms. Fuentes testified that she "rarely" received a full, uninterrupted thirty (30) minute meal period during shooting days, estimating that she received a compliant meal break "maybe one out of every three or four shoot days."
• Ms. Fuentes testified that she was unaware of the existence of the TimeTrack Pro Missed Meal Attestation feature and had never been trained on or informed about any mechanism for reporting missed meal periods through the timekeeping system. This testimony is consistent with the records showing that the Missed Meal Attestation feature was not activated at Facility 2 during the period of Ms. Fuentes's employment (Exhibits 4, 5).
• Ms. Fuentes testified that pre-shift setup, including setting up production equipment, reviewing the daily call sheet, and communicating with crew members, typically began thirty (30) to forty-five (45) minutes before her official clock-in time, and that this time was not recorded in the TimeTrack Pro system.
• On cross-examination, Ms. Fuentes acknowledged that she did not file any formal complaint with AMA's Human Resources Department regarding missed meal or rest breaks during her more than three (3) years of employment with the Company.
• Ms. Fuentes further acknowledged on cross-examination that on non-shooting days, including office days and preparation days, she typically received full, uninterrupted meal and rest breaks in accordance with Company policy.
Referenced In: Opposition, Sections IV.A, IV.B (typicality); Declaration of Devon Archer, ¶ 9 (authentication).
Confidentiality Designation: None
Exhibit 19. Deposition Transcript Excerpts — Derek Halloran (May 9, 2023)
Description: Selected excerpts from the deposition of named plaintiff Derek Halloran, taken on May 9, 2023, at the offices of Calderwood & Harkness LLP, Los Angeles, California. The deposition lasted approximately five (5) hours and forty-eight (48) minutes. The selected excerpts include the following testimony:
• Mr. Halloran testified that he was employed by AMA as a Post-Production Assistant at the Hollywood facility (Facility 5, 1438 N. Gower Street, Hollywood, CA 90028), from approximately June 2020 through November 2022.
• Mr. Halloran testified that he was "usually" able to take a meal break during his post-production shifts but acknowledged that he worked through meal periods during what he described as "crunch periods," which he estimated occurred approximately two (2) to three (3) weeks before delivery deadlines for each project cycle.
• Mr. Halloran testified that he was aware of the TimeTrack Pro Missed Meal Attestation feature (which was activated at Facility 5 beginning in January 2019) but stated that he "never used it because nobody else did and I didn't want to cause problems." Mr. Halloran was unable to identify any specific supervisor or manager who instructed him not to use the feature, and acknowledged that he was not discouraged from using it by any AMA employee.
• Mr. Halloran estimated that he performed approximately fifteen (15) to thirty (30) minutes of off-the-clock work per shift, primarily consisting of logging in to editing systems, setting up workstations, and reviewing project notes prior to his official clock-in time.
Referenced In: Opposition, Sections IV.A, IV.B; Declaration of Devon Archer, ¶ 10 (authentication).
Confidentiality Designation: None
Exhibit 20. Deposition Transcript Excerpts — Yesenia Padilla (May 16, 2023)
Description: Selected excerpts from the deposition of named plaintiff Yesenia Padilla, taken on May 16, 2023, at the offices of Castellano Byrne & Salas LLP, Los Angeles, California. The deposition lasted approximately five (5) hours and fifteen (15) minutes. The selected excerpts include the following testimony:
• Ms. Padilla testified that she was employed by AMA as a Segment Coordinator in the Live Events Division, working primarily at the Burbank facility (Facility 4, 3800 W. Alameda Avenue, Burbank, CA 91505), from approximately January 2018 through May 2022.
• Ms. Padilla testified that live event productions required crews to be "on their feet and ready the entire show" and that meal breaks were "practically impossible" during live productions, including live concert broadcasts and awards show telecasts. Ms. Padilla described a work environment in which meal breaks during live broadcast windows were not provided and were not expected.
• Ms. Padilla testified that the Missed Meal Attestation feature was not available on the TimeTrack Pro system at the Burbank facility (Facility 4). This testimony is consistent with the system configuration records and activation logs showing that the feature was not activated at Facility 4 during Ms. Padilla's employment (Exhibits 4, 5).
• Ms. Padilla estimated that she performed approximately thirty (30) to forty-five (45) minutes of pre-show setup and post-show breakdown work on live event production days that was not recorded in the TimeTrack Pro system.
• Ms. Padilla stated during her deposition that "everyone knew you didn't get breaks during a show, and nobody complained because that's just how it worked." This statement is relevant to AMA's argument that individualized inquiries into each employee's specific work circumstances, including whether the employee worked on live event productions, studio-based productions, or other production types, would predominate over common questions.
Referenced In: Opposition, Sections IV.A, IV.B; Declaration of Devon Archer, ¶ 11 (authentication).
Confidentiality Designation: None
Exhibit 21. Deposition Transcript Excerpts — Lorraine Okafor, Person Most Knowledgeable (May 4, 2023)
Description: Selected excerpts from the deposition of Lorraine Okafor, Senior Vice President of Human Resources of AMA, designated as AMA's Person Most Knowledgeable ("PMK") regarding AMA's timekeeping systems, timekeeping policies, and meal and rest break policies. The deposition was taken on May 4, 2023, at the offices of Castellano Byrne & Salas LLP, Los Angeles, California, and lasted approximately seven (7) hours. The selected excerpts include the following testimony:
• Ms. Okafor confirmed that AMA's written meal and rest break policies, including the Employee Handbook provisions (Exhibit 1) and the standalone Meal and Rest Break Policy (Exhibit 2), comply with the requirements of the California Labor Code and applicable IWC Wage Orders.
• Ms. Okafor testified regarding the TimeTrack Pro auto-deduction configuration, confirming that the auto-deduction threshold was set at six (6) hours rather than five (5) hours from the system's initial deployment in January 2019 through December 2022. Ms. Okafor described this discrepancy as a "system configuration issue" that was identified and corrected in December 2022 to align with the requirements of California Labor Code section 512(a).
• Ms. Okafor testified regarding the Missed Meal Attestation feature, explaining that the feature was intended to be activated at all seven California facilities during the system rollout. Ms. Okafor stated that the failure to activate the feature at Facilities 2, 4, and 7 was the result of "an oversight during the second wave of system rollout in March 2019." Ms. Okafor testified that she became aware of the deactivation in approximately November 2022, following which corrective action was taken and the feature was activated at all three facilities in December 2022.
• Ms. Okafor testified that AMA's Human Resources Department received a total of fourteen (14) formal complaints during the class period from non-exempt employees related to meal and rest break issues. Each complaint was investigated individually, and nine (9) of the fourteen (14) complaints resulted in the payment of a meal or rest period premium to the complaining employee. The remaining five (5) complaints were determined to involve situations in which a compliant break had been provided.
• Ms. Okafor acknowledged on cross-examination that no formal training program was conducted specifically regarding the Missed Meal Attestation feature. Ms. Okafor testified that "managers were expected to familiarize employees with the time clock system during onboarding," but was unable to identify any specific training materials, training sessions, or onboarding checklists referencing the attestation feature.
Referenced In: Declaration of Lorraine Okafor, ¶ 7 (referenced); Opposition, Sections IV.A, IV.B.
Confidentiality Designation: None (transcript testimony); some exhibits referenced during the deposition are designated CONFIDENTIAL.
Exhibit 22. Deposition Transcript Excerpts — Celine Arroyo, Person Most Knowledgeable (May 11, 2023)
Description: Selected excerpts from the deposition of Celine Arroyo, Director of Production Operations of AMA, designated as AMA's Person Most Knowledgeable ("PMK") regarding AMA's production scheduling and staffing practices. The deposition was taken on May 11, 2023, at the offices of Calderwood & Harkness LLP, Los Angeles, California, and lasted approximately six (6) hours and thirty (30) minutes. The selected excerpts include the following testimony:
• Ms. Arroyo confirmed that there is significant variation in production schedules across AMA's fourteen show units, reflecting the inherent differences in the types of productions undertaken by AMA (studio-based, field-based, live events, post-production, and digital content).
• Ms. Arroyo provided specific examples of this variation, including: studio-based productions such as "Kitchen Clash," which operate on consistent nine (9) hour days with reliable, scheduled meal breaks that are generally provided without interruption; and field-based productions such as "Summit Challenge," which operate on fourteen (14) to sixteen (16) hour shoot days where meal breaks were "scheduled but sometimes difficult to implement on remote locations" due to logistical challenges including weather, location access, and catering logistics.
• Ms. Arroyo testified that AMA's production protocols require the inclusion of a designated meal break in the daily call sheet for every production day, regardless of production type. Ms. Arroyo confirmed that this requirement was in effect throughout the class period.
• Ms. Arroyo testified regarding off-the-clock work, stating that "production coordinators and assistants are expected to arrive at call time and begin work at call time. Any setup that occurs before call time should be reflected in an earlier call time." Ms. Arroyo stated that AMA's policy is to compensate all time worked and that any pre-call-time setup work should be captured through an adjustment to the call time on the daily call sheet.
• Ms. Arroyo acknowledged on cross-examination that some crew members arrive at facilities before their scheduled call time to "get ahead" on preparatory tasks, but stated that this early arrival is voluntary, not directed by AMA or by any supervisor acting on AMA's behalf.
Referenced In: Declaration of Celine Arroyo, ¶ 10 (referenced); Opposition, Sections IV.A, IV.B.
Confidentiality Designation: None
Exhibit 23. Deposition Transcript Excerpts — Karen Fong (May 18, 2023)
Description: Selected excerpts from the deposition of Karen Fong, Payroll Manager of AMA, taken on May 18, 2023, at the offices of Calderwood & Harkness LLP, Los Angeles, California. The deposition lasted approximately four (4) hours and forty-five (45) minutes. The selected excerpts include the following testimony: