1017-00004 · Entities. Aurelius Global Media Group · Class Certification

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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,

AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,

Defendants.

DECLARATION OF DEVON ARCHER IN SUPPORT OF DEFENDANT AURELIUS MEDIA AMERICAS INC.'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

I, Devon Archer, declare as follows:

1. I am an attorney at law duly admitted and licensed to practice before all courts of the State of California, State Bar No. 301462. I am a Senior Associate at the law firm of Calderwood & Harkness LLP, located at 777 South Flower Street, Suite 4200, Los Angeles, California 90017. I am one of the attorneys of record for Defendant Aurelius Media Americas Inc. ("AMA") in this consolidated class action. I make this declaration based upon my personal knowledge, my review of documents produced during the course of discovery in this litigation, my review of AMA's business records and those of third parties, and my review of the pleadings, motions, and other papers comprising the record in this matter. If called as a witness, I could and would competently testify to the matters stated herein.

2. I submit this declaration in support of AMA's Opposition to Plaintiffs' Motion for Class Certification, which is being filed concurrently herewith on June 16, 2023. The purpose of this declaration is to authenticate and identify the exhibits attached to AMA's Opposition and to the concurrently filed declarations of Lorraine Okafor (Senior Vice President, Human Resources), Celine Arroyo (Director of Production Operations), Karen Fong (Payroll Manager), Dr. Rajesh Makhija (defense expert, Workforce Dynamics Consulting LLC), and Dr. Catherine Lindstrom (defense expert, Hargrove Analytics Inc.). Each of the exhibits described below is a true and correct copy of the document identified, and each was obtained from AMA's own business records, from documents produced by third parties in this litigation, or from the deposition record in this case.

Exhibit A — AMA Employee Handbook (March 2021 Revision)

3. Attached hereto as Exhibit A is a true and correct copy of the relevant excerpts from the Aurelius Media Americas Inc. Employee Handbook, most recently revised in March 2021. Specifically, the excerpts attached consist of Section 4.3 (Meal Periods), Section 4.4 (Rest Periods), and Section 4.7 (Timekeeping). Section 4.3 of the Employee Handbook provides that all non-exempt employees are entitled to an uninterrupted meal period of not less than thirty (30) minutes for any shift exceeding five (5) hours of work, and a second uninterrupted meal period of not less than thirty (30) minutes for any shift exceeding ten (10) hours of work. Section 4.4 of the Employee Handbook provides that all non-exempt employees are entitled to a net ten (10) minute paid rest period for every four (4) hours of work, or major fraction thereof. Section 4.7 addresses the company's timekeeping requirements, including the obligation of non-exempt employees to accurately record all hours worked. I obtained these excerpts from AMA's Human Resources Department, through the custodianship of Lorraine Okafor, AMA's Senior Vice President of Human Resources. The Employee Handbook is distributed to all AMA employees at the time of hire and is continuously available to all employees through AMA's internal human resources portal, known internally as "AMA Connect."

Exhibit B — AMA Meal and Rest Break Policy (Standalone Policy)

4. Attached hereto as Exhibit B is a true and correct copy of AMA's standalone Meal and Rest Break Policy, which has been in effect since January 1, 2019. This standalone policy supplements the general provisions contained in the Employee Handbook described above and provides more detailed guidance to supervisors and employees regarding the scheduling of meal and rest breaks, compliance procedures, and the procedures for reporting missed or interrupted breaks. The standalone policy was adopted as part of AMA's broader compliance review conducted in the fourth quarter of 2018. I obtained this document from AMA's Human Resources Department, through the custodianship of Lorraine Okafor, and it is maintained by AMA in the ordinary course of its business.

Exhibit C — TimeTrack Pro System Configuration Records

5. Attached hereto as Exhibit C are true and correct copies of the NovaPay Solutions Inc. ("NovaPay") TimeTrack Pro system configuration records for AMA's seven California production facilities. NovaPay Solutions Inc. is located at 2200 Powell Street, Suite 600, Emeryville, California 94608, and has served as AMA's payroll processor and electronic timekeeping system provider since January 1, 2019. These records were produced by NovaPay pursuant to a third-party subpoena for the production of business records issued by AMA on February 8, 2023, and served on NovaPay's custodian of records. The records were produced through Marcus Yee, Director of Client Data Services at NovaPay, who certified the records as true and correct copies of NovaPay's business records maintained in the ordinary course of its operations. The configuration records attached as Exhibit C show the specific settings for the automatic meal period deduction feature as configured for AMA's California facilities, including the deduction threshold, which was configured at six (6) hours for shifts triggering a thirty (30) minute automatic deduction, and the activation status of the "Missed Meal Attestation" feature at each of AMA's seven California facilities.

Exhibit D — Missed Meal Attestation Feature Activation Logs by Facility

6. Attached hereto as Exhibit D are true and correct copies of the historical activation and deactivation logs for the Missed Meal Attestation feature within the NovaPay TimeTrack Pro system, broken down by each of AMA's seven California facilities. These logs were produced by NovaPay Solutions Inc. pursuant to the same third-party subpoena referenced in Paragraph 5, above. The logs confirm the following activation status of the Missed Meal Attestation feature as of the initial system rollout and subsequent modifications:

Facilities Where the Attestation Feature Was Activated (January 2019 — First Wave Rollout):

• Facility 1: 8500 Sunset Boulevard, Suite 1400, West Hollywood, CA 90069 (Headquarters & Post-Production)

• Facility 3: 15301 Ventura Boulevard, Suite 300, Sherman Oaks, CA 91403 (Digital Content)

• Facility 5: 1438 N. Gower Street, Hollywood, CA 90028 (Scripted Development)

• Facility 6: 2120 Colorado Avenue, Santa Monica, CA 90404 (E-Commerce Studio)

Facilities Where the Attestation Feature Was Not Activated (March 2019 — Second Wave Rollout):

• Facility 2: 4024 Penmark Strategy Partners Avenue, Studio City, CA 91604 (Stage A & B — Unscripted Programming)

• Facility 4: 3800 W. Alameda Avenue, Burbank, CA 91505 (Live Events & Field Production)

• Facility 7: 888 N. Sepulveda Boulevard, El Segundo, CA 90245 (Post-Production Annex)

The logs further confirm that the Missed Meal Attestation feature was subsequently activated at Facilities 2, 4, and 7 in December 2022, following AMA's identification of the discrepancy in connection with this litigation. Prior to that date, non-exempt employees at those three facilities did not have access to the electronic Missed Meal Attestation feature through the TimeTrack Pro system.

Exhibit E — Missed Meal Attestation Usage Rate Data by Facility

7. Attached hereto as Exhibit E is a true and correct copy of a summary table prepared from NovaPay TimeTrack Pro data showing the Missed Meal Attestation usage rates at the four California facilities where the feature was activated during the class period (November 1, 2018 through October 31, 2023, as modified in the parties' stipulation regarding the operative class period). The usage rates reflect the percentage of eligible shifts — that is, shifts of six (6) hours or more that triggered an automatic meal period deduction — in which an employee generated a Missed Meal Attestation. The usage rates by facility are as follows:

• West Hollywood Headquarters (Facility 1): 2.3%

• Sherman Oaks (Facility 3): 4.1%

• Hollywood (Facility 5): 1.8%

• Santa Monica (Facility 6): 3.7%

This data was extracted by NovaPay from the TimeTrack Pro system and was subsequently verified for accuracy by AMA's Payroll Manager, Karen Fong. Ms. Fong's verification process and findings are described in her concurrently filed declaration.

Exhibit F — NovaPay TimeTrack Pro Data Summary — Shift Length Distributions by Facility and Show Unit

8. Attached hereto as Exhibit F is a true and correct copy of a summary data extract from the NovaPay TimeTrack Pro system showing distributions of shift lengths, measured in hours, for all AMA non-exempt hourly employees across the seven California facilities and the fourteen (14) show units that operated during the class period. The data demonstrates statistically significant variation in shift lengths across show units, ranging from predominantly eight (8) to ten (10) hour shifts for studio-based show units (for example, the show unit designated "Kitchen Clash," based at Facility 1 in West Hollywood) to predominantly twelve (12) to sixteen (16) hour shifts for field-based show units (for example, the show unit designated "Summit Challenge," coordinated from Facility 4 in Burbank). This variation in shift length distributions has a direct bearing on the frequency with which meal and rest break obligations are triggered and the conditions under which such breaks are provided. This data was provided to defense expert Dr. Rajesh Makhija of Workforce Dynamics Consulting LLC and forms part of the basis for his expert opinion regarding the individualized nature of meal and rest break experiences across the putative class.

Exhibit G — NovaPay TimeTrack Pro Data Summary — Overtime Frequency by Show Unit

9. Attached hereto as Exhibit G is a true and correct copy of a summary data extract from the NovaPay TimeTrack Pro system showing overtime frequency, measured as the percentage of shifts exceeding eight (8) hours, broken down by each of AMA's fourteen (14) show units during the class period. The data demonstrates wide variation in overtime frequency across show units, further supporting AMA's position that working conditions differ materially from one show unit to another and are not susceptible to class-wide generalization. This data was extracted from NovaPay's system and was provided to both defense experts — Dr. Rajesh Makhija of Workforce Dynamics Consulting LLC and Dr. Catherine Lindstrom of Hargrove Analytics Inc. — for use in their respective expert analyses.

Exhibit H — AMA Production Schedules for Representative Show Units

10. Attached hereto as Exhibit H are true and correct copies of sample production schedules, in the form of daily call sheets, from four representative AMA show units during the class period. The four representative show units and their associated facilities are as follows:

• Studio-based show ("Kitchen Clash") — Facility 1, West Hollywood

• Field-based show ("Summit Challenge") — coordinated from Facility 4, Burbank

• Live events production — Facility 4, Burbank

• Post-production operations — Facility 5, Hollywood and Facility 7, El Segundo

These production schedules demonstrate the material differences in production environments, shift structures, crew composition, and meal break scheduling practices across different types of AMA show units. By way of example, the studio-based "Kitchen Clash" call sheets reflect a structured production day with a designated one-hour meal break built into the schedule, whereas the field-based "Summit Challenge" call sheets reflect extended shooting days with meal breaks scheduled at variable times depending on location logistics and natural lighting conditions. I obtained these documents from AMA's Director of Production Operations, Celine Arroyo, who maintains these records in the ordinary course of AMA's business operations. Ms. Arroyo's concurrently filed declaration provides additional context regarding the significance of the variations reflected in these schedules.

Exhibit I — Deposition Transcript Excerpts — Named Plaintiff Marisol Fuentes

11. Attached hereto as Exhibit I are true and correct copies of excerpted pages from the deposition transcript of named plaintiff Marisol Fuentes, taken on May 2, 2023, at the offices of Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017. The deposition was taken in the ordinary course of discovery in this action. Among the key testimony excerpted in Exhibit I:

(a) Ms. Fuentes testified that she worked at the Studio City facility (Facility 2) in the Unscripted Programming Division from March 14, 2019 through August 5, 2022.

(b) Ms. Fuentes testified that she was unaware of the TimeTrack Pro Missed Meal Attestation feature. As reflected in Exhibit D, the Missed Meal Attestation feature was not activated at the Studio City facility during Ms. Fuentes's period of employment.

(c) Ms. Fuentes acknowledged that on non-shooting days — including office days and preparation days — she typically received full meal and rest breaks without interruption.

(d) Ms. Fuentes confirmed that she did not file any formal complaint with AMA's Human Resources Department regarding missed meal periods at any time during her employment with AMA.

The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.

Exhibit J — Deposition Transcript Excerpts — Named Plaintiff Derek Halloran

12. Attached hereto as Exhibit J are true and correct copies of excerpted pages from the deposition transcript of named plaintiff Derek Halloran, taken on May 9, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit J:

(a) Mr. Halloran testified that he worked at the Hollywood facility (Facility 5) in the Post-Production/Digital Content Division from June 1, 2020 through November 30, 2022.

(b) Mr. Halloran testified that he was "usually" able to take a meal break during post-production shifts, but that he worked through meals during what he characterized as "crunch periods," which he described as the two to three weeks immediately preceding delivery deadlines for specific show episodes or seasons.

(c) Mr. Halloran testified that he was aware of the Missed Meal Attestation feature, which was activated at Facility 5, but that he "never used it because nobody else did and I didn't want to cause problems." Mr. Halloran did not identify any specific person who discouraged him from using the attestation feature or any policy or directive prohibiting its use.

The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.

Exhibit K — Deposition Transcript Excerpts — Named Plaintiff Yesenia Padilla

13. Attached hereto as Exhibit K are true and correct copies of excerpted pages from the deposition transcript of named plaintiff Yesenia Padilla, taken on May 16, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit K:

(a) Ms. Padilla testified that she worked at the Burbank facility (Facility 4) in the Live Events Division from January 10, 2018 through May 17, 2022.

(b) Ms. Padilla testified that meal breaks were "practically impossible" during live productions, describing the pace and continuous nature of live event work as incompatible with uninterrupted thirty-minute meal periods.

(c) Ms. Padilla confirmed that the Missed Meal Attestation feature was not available at the Burbank facility during her employment. As reflected in Exhibit D, the attestation feature was not activated at Facility 4 until December 2022, several months after Ms. Padilla's departure from AMA.

(d) Ms. Padilla described what she characterized as a culture in which "everyone knew you didn't get breaks during a show, and nobody complained because that's just how it worked." Ms. Padilla did not identify any specific supervisor or manager who explicitly directed employees to forgo meal or rest breaks.

The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.

Exhibit L — Deposition Transcript Excerpts — Lorraine Okafor, Person Most Knowledgeable

14. Attached hereto as Exhibit L are true and correct copies of excerpted pages from the deposition transcript of Lorraine Okafor, who was designated as AMA's Person Most Knowledgeable on the topics of timekeeping practices and meal and rest break policies. Ms. Okafor's deposition was taken on May 4, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit L:

(a) Ms. Okafor confirmed that AMA's written meal and rest break policies, including the Employee Handbook provisions and the standalone Meal and Rest Break Policy, comply with the requirements of the California Labor Code and applicable Industrial Welfare Commission Wage Orders.

(b) Ms. Okafor testified regarding the configuration of the TimeTrack Pro automatic meal period deduction, confirming that the auto-deduction was configured at a threshold of six (6) hours rather than five (5) hours. Ms. Okafor described this as a "system configuration issue" that was identified and corrected in December 2022.

(c) Ms. Okafor testified that the failure to activate the Missed Meal Attestation feature at Facilities 2, 4, and 7 during the March 2019 second wave of the TimeTrack Pro system rollout 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, when the issue was identified during AMA's internal investigation conducted in connection with this litigation.

(d) Ms. Okafor acknowledged that AMA did not conduct formal training specifically regarding the TimeTrack Pro Missed Meal Attestation feature for either supervisors or non-exempt employees. Ms. Okafor testified that employees were generally informed of their right to report missed meal periods through AMA's Human Resources Department and through the policies set forth in the Employee Handbook.

The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.

Exhibit M — Deposition Transcript Excerpts — Celine Arroyo, Person Most Knowledgeable

15. Attached hereto as Exhibit M are true and correct copies of excerpted pages from the deposition transcript of Celine Arroyo, who was designated as AMA's Person Most Knowledgeable on the topics of production scheduling and staffing. Ms. Arroyo's deposition was taken on May 11, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit M:

(a) Ms. Arroyo confirmed that there is significant variation in production schedules across AMA's fourteen (14) show units, driven by differences in production format (studio versus field), genre (scripted versus unscripted versus live), and operational requirements specific to each show.

(b) Ms. Arroyo provided specific illustrative examples of this variation. For instance, the studio-based show "Kitchen Clash" operates on a consistent schedule of approximately nine-hour production days with a structured one-hour meal break, whereas the field-based show "Summit Challenge" involves shoot days ranging from fourteen (14) to sixteen (16) hours, with meal break timing dependent on location conditions, weather, and available natural light.

(c) Ms. Arroyo testified that AMA's production protocols include a designated meal break in the daily call sheet for every production day, regardless of show unit or production format. Ms. Arroyo confirmed that the inclusion of a meal break on the call sheet is a standard operating requirement.

(d) Ms. Arroyo acknowledged that some crew members arrive at production facilities or locations earlier than the call time specified on the daily call sheet, but testified that such early arrivals are voluntary and are not directed, required, or encouraged by AMA management.

The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.

Exhibit N — Deposition Transcript Excerpts — Karen Fong, Payroll Manager

16. Attached hereto as Exhibit N are true and correct copies of excerpted pages from the deposition transcript of Karen Fong, AMA's Payroll Manager, taken on May 18, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit N:

(a) Ms. Fong provided detailed technical testimony regarding the operation of the NovaPay TimeTrack Pro automatic meal period deduction mechanism and AMA's payroll processing workflow as it relates to meal period deductions and premium payments.

(b) Ms. Fong confirmed that the automatic meal period deduction was applied uniformly to all shifts of six (6) hours or more across all seven California facilities for the duration of the class period, until the configuration was corrected in December 2022.

(c) Ms. Fong confirmed that when an employee utilized the Missed Meal Attestation feature within the TimeTrack Pro system, the system automatically overrode the automatic meal period deduction for that shift and generated a one-hour meal period premium payment at the employee's regular rate of pay, consistent with the requirements of California Labor Code section 226.7.

(d) Ms. Fong testified that she was personally involved in aspects of the March 2019 TimeTrack Pro system rollout for the second wave of AMA facilities. Ms. Fong testified that the activation of the Missed Meal Attestation feature "was part of the implementation checklist" for the rollout, but she could not recall which individual or team was responsible for activating the feature at each facility, nor could she explain why the feature was not activated at Facilities 2, 4, and 7 during the second wave rollout.

The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.

Exhibit O — Expert Report of Dr. Rajesh Makhija

17. Attached hereto as Exhibit O is a true and correct copy of the Expert Report of Dr. Rajesh Makhija of Workforce Dynamics Consulting LLC, located at 444 Castro Street, Suite 800, Mountain View, California 94041, dated May 19, 2023. Dr. Makhija's report is submitted concurrently with his declaration, which is filed separately in support of AMA's Opposition. Dr. Makhija's report presents an industrial and organizational analysis of the variability in working conditions, scheduling practices, supervisory structures, and production environments across AMA's seven California facilities and fourteen show units. Dr. Makhija concludes, based on his analysis of the TimeTrack Pro data, production schedules, deposition testimony, and AMA's organizational structure, that employee experiences with respect to meal and rest breaks are "predominantly individualized" and "cannot be reliably generalized across the putative class" due to the significant and material differences in the conditions under which work is performed across AMA's diverse operations.

Exhibit P — Expert Report of Dr. Catherine Lindstrom

18. Attached hereto as Exhibit P is a true and correct copy of the Expert Report of Dr. Catherine Lindstrom of Hargrove Analytics Inc., located at 515 S. Figueroa Street, Suite 1100, Los Angeles, California 90071, dated June 9, 2023. Dr. Lindstrom's report is submitted concurrently with her declaration, which is filed separately in support of AMA's Opposition. Dr. Lindstrom's report presents a rebuttal to the damages model advanced by Plaintiffs' expert, Dr. Howard Rennick of Pinnacle Economic Consulting Group LLC. Dr. Lindstrom identifies several methodological flaws in Dr. Rennick's model and presents an alternative damages calculation. Dr. Lindstrom's alternative calculation, which corrects for the errors she identifies in Dr. Rennick's assumptions regarding violation rates and the applicable PAGA penalty framework, yields aggregate damages of approximately $5.8 million. This figure contrasts sharply with Dr. Rennick's estimate of $38.6 million, which includes approximately $12.2 million in penalties under the Private Attorneys General Act ("PAGA"), California Labor Code sections 2698 et seq.

Exhibit Q — AMA Employee Complaint Records Summary

19. Attached hereto as Exhibit Q is a true and correct copy of a summary of the formal employee complaints regarding meal or rest break issues received by AMA's Human Resources Department during the class period (November 1, 2018 through the date of this declaration). The summary reflects that a total of fourteen (14) formal complaints were received from non-exempt employees during this period, spanning five (5) of AMA's seven (7) California facilities and eight (8) of its fourteen (14) show units. In nine (9) of the fourteen (14) cases, AMA's Human Resources Department determined, following investigation, that a meal or rest period premium was owed and AMA paid the applicable premium to the affected employee. In the remaining five (5) cases, AMA determined, following investigation, that the employee had in fact received a compliant meal or rest break and no premium was owed. This summary was compiled by Lorraine Okafor, Senior Vice President of Human Resources, from AMA's formal complaint records maintained in the ordinary course of business. The individual complaint files underlying this summary are available for in camera review by the Court, if requested.

Document Production and discovery Summary

20. In connection with this litigation, AMA has produced a total of 147,832 documents, comprising approximately 1.2 million pages, through its e-discovery vendor, Marlowe Asset Management Litigation Technology Inc., located at 600 Anton Boulevard, Suite 900, Costa Mesa, California 92626. Plaintiffs have produced 3,412 documents in discovery. The parties have completed a total of eighteen (18) depositions — eleven (11) noticed by Plaintiffs and seven (7) noticed by AMA. An ESI Protocol Stipulation governing the format, methodology, and technical specifications for the production and review of electronically stored information was entered by stipulation of the parties and approved by the Court on January 13, 2023. All exhibits attached to this declaration were either produced in discovery, obtained through third-party subpoenas issued in this litigation, or are records maintained by AMA or third-party custodians in the ordinary course of business. Each exhibit is a true and correct copy of the original document as described herein.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed this 15th day of June, 2023, in Los Angeles, California.

/s/ Devon Archer

Devon Archer (SBN 301462) CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7238

Email: darcher@calderwoodharkness.com

Attorney for Defendant Aurelius Media Americas Inc.

EXHIBIT INDEX

Lead Case No.	22STCV38214 (Consolidated with 22STCV39501)
Assigned for All Purposes to:	Hon. Raymond Escobedo, Dept. 34
Filed:	June 15, 2023
Hearing Date:	July 28, 2023
Time:	8:30 a.m.
Dept.:	34
Exhibit	Description
A	AMA Employee Handbook (March 2021 Revision) — Excerpts (§§ 4.3, 4.4, 4.7)
B	AMA Meal and Rest Break Policy (Effective January 1, 2019)
C	NovaPay TimeTrack Pro System Configuration Records (All 7 CA Facilities)
D	Missed Meal Attestation Feature Activation/Deactivation Logs by Facility
E	Missed Meal Attestation Usage Rate Data by Facility (Summary Table)
F	NovaPay TimeTrack Pro Data Summary — Shift Length Distributions by Facility and Show Unit
G	NovaPay TimeTrack Pro Data Summary — Overtime Frequency by Show Unit
H	AMA Production Schedules — Representative Show Units (4 Samples)
I	Deposition Transcript Excerpts — Marisol Fuentes (May 2, 2023)
J	Deposition Transcript Excerpts — Derek Halloran (May 9, 2023)
K	Deposition Transcript Excerpts — Yesenia Padilla (May 16, 2023)
L	Deposition Transcript Excerpts — Lorraine Okafor, PMK (May 4, 2023)
M	Deposition Transcript Excerpts — Celine Arroyo, PMK (May 11, 2023)
N	Deposition Transcript Excerpts — Karen Fong (May 18, 2023)
O	Expert Report of Dr. Rajesh Makhija (May 19, 2023)
P	Expert Report of Dr. Catherine Lindstrom (June 9, 2023)
Q	AMA Employee Complaint Records Summary (Class Period)

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.
DECLARATION OF DEVON ARCHER IN SUPPORT OF DEFENDANT AURELIUS MEDIA AMERICAS INC.'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
I, Devon Archer, declare as follows:
1. I am an attorney at law duly admitted and licensed to practice before all courts of the State of California, State Bar No. 301462. I am a Senior Associate at the law firm of Calderwood & Harkness LLP, located at 777 South Flower Street, Suite 4200, Los Angeles, California 90017. I am one of the attorneys of record for Defendant Aurelius Media Americas Inc. ("AMA") in this consolidated class action. I make this declaration based upon my personal knowledge, my review of documents produced during the course of discovery in this litigation, my review of AMA's business records and those of third parties, and my review of the pleadings, motions, and other papers comprising the record in this matter. If called as a witness, I could and would competently testify to the matters stated herein.
2. I submit this declaration in support of AMA's Opposition to Plaintiffs' Motion for Class Certification, which is being filed concurrently herewith on June 16, 2023. The purpose of this declaration is to authenticate and identify the exhibits attached to AMA's Opposition and to the concurrently filed declarations of Lorraine Okafor (Senior Vice President, Human Resources), Celine Arroyo (Director of Production Operations), Karen Fong (Payroll Manager), Dr. Rajesh Makhija (defense expert, Workforce Dynamics Consulting LLC), and Dr. Catherine Lindstrom (defense expert, Hargrove Analytics Inc.). Each of the exhibits described below is a true and correct copy of the document identified, and each was obtained from AMA's own business records, from documents produced by third parties in this litigation, or from the deposition record in this case.
Exhibit A — AMA Employee Handbook (March 2021 Revision)
3. Attached hereto as Exhibit A is a true and correct copy of the relevant excerpts from the Aurelius Media Americas Inc. Employee Handbook, most recently revised in March 2021. Specifically, the excerpts attached consist of Section 4.3 (Meal Periods), Section 4.4 (Rest Periods), and Section 4.7 (Timekeeping). Section 4.3 of the Employee Handbook provides that all non-exempt employees are entitled to an uninterrupted meal period of not less than thirty (30) minutes for any shift exceeding five (5) hours of work, and a second uninterrupted meal period of not less than thirty (30) minutes for any shift exceeding ten (10) hours of work. Section 4.4 of the Employee Handbook provides that all non-exempt employees are entitled to a net ten (10) minute paid rest period for every four (4) hours of work, or major fraction thereof. Section 4.7 addresses the company's timekeeping requirements, including the obligation of non-exempt employees to accurately record all hours worked. I obtained these excerpts from AMA's Human Resources Department, through the custodianship of Lorraine Okafor, AMA's Senior Vice President of Human Resources. The Employee Handbook is distributed to all AMA employees at the time of hire and is continuously available to all employees through AMA's internal human resources portal, known internally as "AMA Connect."
Exhibit B — AMA Meal and Rest Break Policy (Standalone Policy)
4. Attached hereto as Exhibit B is a true and correct copy of AMA's standalone Meal and Rest Break Policy, which has been in effect since January 1, 2019. This standalone policy supplements the general provisions contained in the Employee Handbook described above and provides more detailed guidance to supervisors and employees regarding the scheduling of meal and rest breaks, compliance procedures, and the procedures for reporting missed or interrupted breaks. The standalone policy was adopted as part of AMA's broader compliance review conducted in the fourth quarter of 2018. I obtained this document from AMA's Human Resources Department, through the custodianship of Lorraine Okafor, and it is maintained by AMA in the ordinary course of its business.
Exhibit C — TimeTrack Pro System Configuration Records
5. Attached hereto as Exhibit C are true and correct copies of the NovaPay Solutions Inc. ("NovaPay") TimeTrack Pro system configuration records for AMA's seven California production facilities. NovaPay Solutions Inc. is located at 2200 Powell Street, Suite 600, Emeryville, California 94608, and has served as AMA's payroll processor and electronic timekeeping system provider since January 1, 2019. These records were produced by NovaPay pursuant to a third-party subpoena for the production of business records issued by AMA on February 8, 2023, and served on NovaPay's custodian of records. The records were produced through Marcus Yee, Director of Client Data Services at NovaPay, who certified the records as true and correct copies of NovaPay's business records maintained in the ordinary course of its operations. The configuration records attached as Exhibit C show the specific settings for the automatic meal period deduction feature as configured for AMA's California facilities, including the deduction threshold, which was configured at six (6) hours for shifts triggering a thirty (30) minute automatic deduction, and the activation status of the "Missed Meal Attestation" feature at each of AMA's seven California facilities.
Exhibit D — Missed Meal Attestation Feature Activation Logs by Facility
6. Attached hereto as Exhibit D are true and correct copies of the historical activation and deactivation logs for the Missed Meal Attestation feature within the NovaPay TimeTrack Pro system, broken down by each of AMA's seven California facilities. These logs were produced by NovaPay Solutions Inc. pursuant to the same third-party subpoena referenced in Paragraph 5, above. The logs confirm the following activation status of the Missed Meal Attestation feature as of the initial system rollout and subsequent modifications:
Facilities Where the Attestation Feature Was Activated (January 2019 — First Wave Rollout):
• Facility 1: 8500 Sunset Boulevard, Suite 1400, West Hollywood, CA 90069 (Headquarters & Post-Production)
• Facility 3: 15301 Ventura Boulevard, Suite 300, Sherman Oaks, CA 91403 (Digital Content)
• Facility 5: 1438 N. Gower Street, Hollywood, CA 90028 (Scripted Development)
• Facility 6: 2120 Colorado Avenue, Santa Monica, CA 90404 (E-Commerce Studio)
Facilities Where the Attestation Feature Was Not Activated (March 2019 — Second Wave Rollout):
• Facility 2: 4024 Penmark Strategy Partners Avenue, Studio City, CA 91604 (Stage A & B — Unscripted Programming)
• Facility 4: 3800 W. Alameda Avenue, Burbank, CA 91505 (Live Events & Field Production)
• Facility 7: 888 N. Sepulveda Boulevard, El Segundo, CA 90245 (Post-Production Annex)
The logs further confirm that the Missed Meal Attestation feature was subsequently activated at Facilities 2, 4, and 7 in December 2022, following AMA's identification of the discrepancy in connection with this litigation. Prior to that date, non-exempt employees at those three facilities did not have access to the electronic Missed Meal Attestation feature through the TimeTrack Pro system.
Exhibit E — Missed Meal Attestation Usage Rate Data by Facility
7. Attached hereto as Exhibit E is a true and correct copy of a summary table prepared from NovaPay TimeTrack Pro data showing the Missed Meal Attestation usage rates at the four California facilities where the feature was activated during the class period (November 1, 2018 through October 31, 2023, as modified in the parties' stipulation regarding the operative class period). The usage rates reflect the percentage of eligible shifts — that is, shifts of six (6) hours or more that triggered an automatic meal period deduction — in which an employee generated a Missed Meal Attestation. The usage rates by facility are as follows:
• West Hollywood Headquarters (Facility 1): 2.3%
• Sherman Oaks (Facility 3): 4.1%
• Hollywood (Facility 5): 1.8%
• Santa Monica (Facility 6): 3.7%
This data was extracted by NovaPay from the TimeTrack Pro system and was subsequently verified for accuracy by AMA's Payroll Manager, Karen Fong. Ms. Fong's verification process and findings are described in her concurrently filed declaration.
Exhibit F — NovaPay TimeTrack Pro Data Summary — Shift Length Distributions by Facility and Show Unit
8. Attached hereto as Exhibit F is a true and correct copy of a summary data extract from the NovaPay TimeTrack Pro system showing distributions of shift lengths, measured in hours, for all AMA non-exempt hourly employees across the seven California facilities and the fourteen (14) show units that operated during the class period. The data demonstrates statistically significant variation in shift lengths across show units, ranging from predominantly eight (8) to ten (10) hour shifts for studio-based show units (for example, the show unit designated "Kitchen Clash," based at Facility 1 in West Hollywood) to predominantly twelve (12) to sixteen (16) hour shifts for field-based show units (for example, the show unit designated "Summit Challenge," coordinated from Facility 4 in Burbank). This variation in shift length distributions has a direct bearing on the frequency with which meal and rest break obligations are triggered and the conditions under which such breaks are provided. This data was provided to defense expert Dr. Rajesh Makhija of Workforce Dynamics Consulting LLC and forms part of the basis for his expert opinion regarding the individualized nature of meal and rest break experiences across the putative class.
Exhibit G — NovaPay TimeTrack Pro Data Summary — Overtime Frequency by Show Unit
9. Attached hereto as Exhibit G is a true and correct copy of a summary data extract from the NovaPay TimeTrack Pro system showing overtime frequency, measured as the percentage of shifts exceeding eight (8) hours, broken down by each of AMA's fourteen (14) show units during the class period. The data demonstrates wide variation in overtime frequency across show units, further supporting AMA's position that working conditions differ materially from one show unit to another and are not susceptible to class-wide generalization. This data was extracted from NovaPay's system and was provided to both defense experts — Dr. Rajesh Makhija of Workforce Dynamics Consulting LLC and Dr. Catherine Lindstrom of Hargrove Analytics Inc. — for use in their respective expert analyses.
Exhibit H — AMA Production Schedules for Representative Show Units
10. Attached hereto as Exhibit H are true and correct copies of sample production schedules, in the form of daily call sheets, from four representative AMA show units during the class period. The four representative show units and their associated facilities are as follows:
• Studio-based show ("Kitchen Clash") — Facility 1, West Hollywood
• Field-based show ("Summit Challenge") — coordinated from Facility 4, Burbank
• Live events production — Facility 4, Burbank
• Post-production operations — Facility 5, Hollywood and Facility 7, El Segundo
These production schedules demonstrate the material differences in production environments, shift structures, crew composition, and meal break scheduling practices across different types of AMA show units. By way of example, the studio-based "Kitchen Clash" call sheets reflect a structured production day with a designated one-hour meal break built into the schedule, whereas the field-based "Summit Challenge" call sheets reflect extended shooting days with meal breaks scheduled at variable times depending on location logistics and natural lighting conditions. I obtained these documents from AMA's Director of Production Operations, Celine Arroyo, who maintains these records in the ordinary course of AMA's business operations. Ms. Arroyo's concurrently filed declaration provides additional context regarding the significance of the variations reflected in these schedules.
Exhibit I — Deposition Transcript Excerpts — Named Plaintiff Marisol Fuentes
11. Attached hereto as Exhibit I are true and correct copies of excerpted pages from the deposition transcript of named plaintiff Marisol Fuentes, taken on May 2, 2023, at the offices of Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017. The deposition was taken in the ordinary course of discovery in this action. Among the key testimony excerpted in Exhibit I:
(a) Ms. Fuentes testified that she worked at the Studio City facility (Facility 2) in the Unscripted Programming Division from March 14, 2019 through August 5, 2022.
(b) Ms. Fuentes testified that she was unaware of the TimeTrack Pro Missed Meal Attestation feature. As reflected in Exhibit D, the Missed Meal Attestation feature was not activated at the Studio City facility during Ms. Fuentes's period of employment.
(c) Ms. Fuentes acknowledged that on non-shooting days — including office days and preparation days — she typically received full meal and rest breaks without interruption.
(d) Ms. Fuentes confirmed that she did not file any formal complaint with AMA's Human Resources Department regarding missed meal periods at any time during her employment with AMA.
The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.
Exhibit J — Deposition Transcript Excerpts — Named Plaintiff Derek Halloran
12. Attached hereto as Exhibit J are true and correct copies of excerpted pages from the deposition transcript of named plaintiff Derek Halloran, taken on May 9, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit J:
(a) Mr. Halloran testified that he worked at the Hollywood facility (Facility 5) in the Post-Production/Digital Content Division from June 1, 2020 through November 30, 2022.
(b) Mr. Halloran testified that he was "usually" able to take a meal break during post-production shifts, but that he worked through meals during what he characterized as "crunch periods," which he described as the two to three weeks immediately preceding delivery deadlines for specific show episodes or seasons.
(c) Mr. Halloran testified that he was aware of the Missed Meal Attestation feature, which was activated at Facility 5, but that he "never used it because nobody else did and I didn't want to cause problems." Mr. Halloran did not identify any specific person who discouraged him from using the attestation feature or any policy or directive prohibiting its use.
The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.
Exhibit K — Deposition Transcript Excerpts — Named Plaintiff Yesenia Padilla
13. Attached hereto as Exhibit K are true and correct copies of excerpted pages from the deposition transcript of named plaintiff Yesenia Padilla, taken on May 16, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit K:
(a) Ms. Padilla testified that she worked at the Burbank facility (Facility 4) in the Live Events Division from January 10, 2018 through May 17, 2022.
(b) Ms. Padilla testified that meal breaks were "practically impossible" during live productions, describing the pace and continuous nature of live event work as incompatible with uninterrupted thirty-minute meal periods.
(c) Ms. Padilla confirmed that the Missed Meal Attestation feature was not available at the Burbank facility during her employment. As reflected in Exhibit D, the attestation feature was not activated at Facility 4 until December 2022, several months after Ms. Padilla's departure from AMA.
(d) Ms. Padilla described what she characterized as a culture in which "everyone knew you didn't get breaks during a show, and nobody complained because that's just how it worked." Ms. Padilla did not identify any specific supervisor or manager who explicitly directed employees to forgo meal or rest breaks.
The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.
Exhibit L — Deposition Transcript Excerpts — Lorraine Okafor, Person Most Knowledgeable
14. Attached hereto as Exhibit L are true and correct copies of excerpted pages from the deposition transcript of Lorraine Okafor, who was designated as AMA's Person Most Knowledgeable on the topics of timekeeping practices and meal and rest break policies. Ms. Okafor's deposition was taken on May 4, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit L:
(a) Ms. Okafor confirmed that AMA's written meal and rest break policies, including the Employee Handbook provisions and the standalone Meal and Rest Break Policy, comply with the requirements of the California Labor Code and applicable Industrial Welfare Commission Wage Orders.
(b) Ms. Okafor testified regarding the configuration of the TimeTrack Pro automatic meal period deduction, confirming that the auto-deduction was configured at a threshold of six (6) hours rather than five (5) hours. Ms. Okafor described this as a "system configuration issue" that was identified and corrected in December 2022.
(c) Ms. Okafor testified that the failure to activate the Missed Meal Attestation feature at Facilities 2, 4, and 7 during the March 2019 second wave of the TimeTrack Pro system rollout 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, when the issue was identified during AMA's internal investigation conducted in connection with this litigation.
(d) Ms. Okafor acknowledged that AMA did not conduct formal training specifically regarding the TimeTrack Pro Missed Meal Attestation feature for either supervisors or non-exempt employees. Ms. Okafor testified that employees were generally informed of their right to report missed meal periods through AMA's Human Resources Department and through the policies set forth in the Employee Handbook.
The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.
Exhibit M — Deposition Transcript Excerpts — Celine Arroyo, Person Most Knowledgeable
15. Attached hereto as Exhibit M are true and correct copies of excerpted pages from the deposition transcript of Celine Arroyo, who was designated as AMA's Person Most Knowledgeable on the topics of production scheduling and staffing. Ms. Arroyo's deposition was taken on May 11, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit M:
(a) Ms. Arroyo confirmed that there is significant variation in production schedules across AMA's fourteen (14) show units, driven by differences in production format (studio versus field), genre (scripted versus unscripted versus live), and operational requirements specific to each show.
(b) Ms. Arroyo provided specific illustrative examples of this variation. For instance, the studio-based show "Kitchen Clash" operates on a consistent schedule of approximately nine-hour production days with a structured one-hour meal break, whereas the field-based show "Summit Challenge" involves shoot days ranging from fourteen (14) to sixteen (16) hours, with meal break timing dependent on location conditions, weather, and available natural light.
(c) Ms. Arroyo testified that AMA's production protocols include a designated meal break in the daily call sheet for every production day, regardless of show unit or production format. Ms. Arroyo confirmed that the inclusion of a meal break on the call sheet is a standard operating requirement.
(d) Ms. Arroyo acknowledged that some crew members arrive at production facilities or locations earlier than the call time specified on the daily call sheet, but testified that such early arrivals are voluntary and are not directed, required, or encouraged by AMA management.
The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.
Exhibit N — Deposition Transcript Excerpts — Karen Fong, Payroll Manager
16. Attached hereto as Exhibit N are true and correct copies of excerpted pages from the deposition transcript of Karen Fong, AMA's Payroll Manager, taken on May 18, 2023, at the offices of Calderwood & Harkness LLP. Among the key testimony excerpted in Exhibit N:
(a) Ms. Fong provided detailed technical testimony regarding the operation of the NovaPay TimeTrack Pro automatic meal period deduction mechanism and AMA's payroll processing workflow as it relates to meal period deductions and premium payments.
(b) Ms. Fong confirmed that the automatic meal period deduction was applied uniformly to all shifts of six (6) hours or more across all seven California facilities for the duration of the class period, until the configuration was corrected in December 2022.
(c) Ms. Fong confirmed that when an employee utilized the Missed Meal Attestation feature within the TimeTrack Pro system, the system automatically overrode the automatic meal period deduction for that shift and generated a one-hour meal period premium payment at the employee's regular rate of pay, consistent with the requirements of California Labor Code section 226.7.
(d) Ms. Fong testified that she was personally involved in aspects of the March 2019 TimeTrack Pro system rollout for the second wave of AMA facilities. Ms. Fong testified that the activation of the Missed Meal Attestation feature "was part of the implementation checklist" for the rollout, but she could not recall which individual or team was responsible for activating the feature at each facility, nor could she explain why the feature was not activated at Facilities 2, 4, and 7 during the second wave rollout.
The transcript was prepared by a certified court reporter retained for the deposition and is a true and correct copy of the original transcript on file with the reporter.
Exhibit O — Expert Report of Dr. Rajesh Makhija
17. Attached hereto as Exhibit O is a true and correct copy of the Expert Report of Dr. Rajesh Makhija of Workforce Dynamics Consulting LLC, located at 444 Castro Street, Suite 800, Mountain View, California 94041, dated May 19, 2023. Dr. Makhija's report is submitted concurrently with his declaration, which is filed separately in support of AMA's Opposition. Dr. Makhija's report presents an industrial and organizational analysis of the variability in working conditions, scheduling practices, supervisory structures, and production environments across AMA's seven California facilities and fourteen show units. Dr. Makhija concludes, based on his analysis of the TimeTrack Pro data, production schedules, deposition testimony, and AMA's organizational structure, that employee experiences with respect to meal and rest breaks are "predominantly individualized" and "cannot be reliably generalized across the putative class" due to the significant and material differences in the conditions under which work is performed across AMA's diverse operations.
Exhibit P — Expert Report of Dr. Catherine Lindstrom
18. Attached hereto as Exhibit P is a true and correct copy of the Expert Report of Dr. Catherine Lindstrom of Hargrove Analytics Inc., located at 515 S. Figueroa Street, Suite 1100, Los Angeles, California 90071, dated June 9, 2023. Dr. Lindstrom's report is submitted concurrently with her declaration, which is filed separately in support of AMA's Opposition. Dr. Lindstrom's report presents a rebuttal to the damages model advanced by Plaintiffs' expert, Dr. Howard Rennick of Pinnacle Economic Consulting Group LLC. Dr. Lindstrom identifies several methodological flaws in Dr. Rennick's model and presents an alternative damages calculation. Dr. Lindstrom's alternative calculation, which corrects for the errors she identifies in Dr. Rennick's assumptions regarding violation rates and the applicable PAGA penalty framework, yields aggregate damages of approximately $5.8 million. This figure contrasts sharply with Dr. Rennick's estimate of $38.6 million, which includes approximately $12.2 million in penalties under the Private Attorneys General Act ("PAGA"), California Labor Code sections 2698 et seq.
Exhibit Q — AMA Employee Complaint Records Summary
19. Attached hereto as Exhibit Q is a true and correct copy of a summary of the formal employee complaints regarding meal or rest break issues received by AMA's Human Resources Department during the class period (November 1, 2018 through the date of this declaration). The summary reflects that a total of fourteen (14) formal complaints were received from non-exempt employees during this period, spanning five (5) of AMA's seven (7) California facilities and eight (8) of its fourteen (14) show units. In nine (9) of the fourteen (14) cases, AMA's Human Resources Department determined, following investigation, that a meal or rest period premium was owed and AMA paid the applicable premium to the affected employee. In the remaining five (5) cases, AMA determined, following investigation, that the employee had in fact received a compliant meal or rest break and no premium was owed. This summary was compiled by Lorraine Okafor, Senior Vice President of Human Resources, from AMA's formal complaint records maintained in the ordinary course of business. The individual complaint files underlying this summary are available for in camera review by the Court, if requested.
Document Production and discovery Summary
20. In connection with this litigation, AMA has produced a total of 147,832 documents, comprising approximately 1.2 million pages, through its e-discovery vendor, Marlowe Asset Management Litigation Technology Inc., located at 600 Anton Boulevard, Suite 900, Costa Mesa, California 92626. Plaintiffs have produced 3,412 documents in discovery. The parties have completed a total of eighteen (18) depositions — eleven (11) noticed by Plaintiffs and seven (7) noticed by AMA. An ESI Protocol Stipulation governing the format, methodology, and technical specifications for the production and review of electronically stored information was entered by stipulation of the parties and approved by the Court on January 13, 2023. All exhibits attached to this declaration were either produced in discovery, obtained through third-party subpoenas issued in this litigation, or are records maintained by AMA or third-party custodians in the ordinary course of business. Each exhibit is a true and correct copy of the original document as described herein.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this 15th day of June, 2023, in Los Angeles, California.
/s/ Devon Archer
Devon Archer (SBN 301462) CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7238
Email: darcher@calderwoodharkness.com
Attorney for Defendant Aurelius Media Americas Inc.
EXHIBIT INDEX
Lead Case No. | 22STCV38214 (Consolidated with 22STCV39501)
Assigned for All Purposes to: | Hon. Raymond Escobedo, Dept. 34
Filed: | June 15, 2023
Hearing Date: | July 28, 2023
Time: | 8:30 a.m.
Dept.: | 34
Exhibit | Description
A | AMA Employee Handbook (March 2021 Revision) — Excerpts (§§ 4.3, 4.4, 4.7)
B | AMA Meal and Rest Break Policy (Effective January 1, 2019)
C | NovaPay TimeTrack Pro System Configuration Records (All 7 CA Facilities)
D | Missed Meal Attestation Feature Activation/Deactivation Logs by Facility
E | Missed Meal Attestation Usage Rate Data by Facility (Summary Table)
F | NovaPay TimeTrack Pro Data Summary — Shift Length Distributions by Facility and Show Unit
G | NovaPay TimeTrack Pro Data Summary — Overtime Frequency by Show Unit
H | AMA Production Schedules — Representative Show Units (4 Samples)
I | Deposition Transcript Excerpts — Marisol Fuentes (May 2, 2023)
J | Deposition Transcript Excerpts — Derek Halloran (May 9, 2023)
K | Deposition Transcript Excerpts — Yesenia Padilla (May 16, 2023)
L | Deposition Transcript Excerpts — Lorraine Okafor, PMK (May 4, 2023)
M | Deposition Transcript Excerpts — Celine Arroyo, PMK (May 11, 2023)
N | Deposition Transcript Excerpts — Karen Fong (May 18, 2023)
O | Expert Report of Dr. Rajesh Makhija (May 19, 2023)
P | Expert Report of Dr. Catherine Lindstrom (June 9, 2023)
Q | AMA Employee Complaint Records Summary (Class Period)

SUPERIOR COURT OF THE STATE OF CALIFORNIA

EXHIBIT INDEX

Record

Parties

Dates

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