1017-00004 · Entities. Aurelius Global Media Group · Discovery/Class Action

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES — CENTRAL DISTRICT

DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF MARISOL FUENTES

(Nos. 1–35)

PRELIMINARY MATTERS

Requesting Attorney Information

Renata Vasquez (SBN 224578) Devon Archer (SBN 301462) CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201

Email: rvasquez@calderwoodharkness.com

Email: darcher@calderwoodharkness.com

Attorneys for Defendant Aurelius Media Americas Inc.

Instructions. Defendant Aurelius Media Americas Inc. ("AMA") hereby propounds the following Special Interrogatories, Set One (Nos. 1 through 35), to Plaintiff Marisol Fuentes ("Plaintiff"), pursuant to California Code of Civil Procedure sections 2030.010 through 2030.410. In answering these Interrogatories, Plaintiff is instructed as follows:

1. Responses to these Interrogatories are due within thirty (30) days after service, or within such other time as may be agreed upon by the parties or ordered by the Court, as provided by Code of Civil Procedure section 2030.260.

2. Each Interrogatory must be answered separately and fully, in writing, under oath. Pursuant to Code of Civil Procedure section 2030.210(a), each answer must be as complete and straightforward as the information reasonably available to the responding party permits.

3. If an Interrogatory cannot be answered completely, Plaintiff shall answer to the extent possible and state the reason(s) the remainder cannot be answered, as required by Code of Civil Procedure section 2030.220(b). An exercise of the option to respond to an Interrogatory by reference to records pursuant to Code of Civil Procedure section 2030.230 must comply with all requirements of that section, including a specification of the writings from which the answer may be derived or ascertained and an offer to afford the propounding party a reasonable opportunity to examine, audit, or inspect said writings.

4. If a claim of privilege or work product protection is asserted in response to any Interrogatory, Plaintiff must identify the specific privilege being claimed, the legal and factual basis for the claim, and sufficient information to permit AMA and the Court to evaluate the claim without disclosing the information claimed to be privileged. Such identification shall include, at a minimum, the nature of the information withheld, the identity of each person who has knowledge of the privileged information, and the date of any privileged communication.

5. All answers must reflect all information known or reasonably available to the responding party, including information that can be obtained through reasonable inquiry of Plaintiff's agents, representatives, attorneys, investigators, employees, consultants, and any other persons acting on Plaintiff's behalf, as required by Code of Civil Procedure section 2030.220(c).

6. If Plaintiff contends that additional information responsive to any Interrogatory will be obtained through further investigation or discovery, Plaintiff shall so state and shall supplement her responses in accordance with her ongoing obligations under the law.

7. Words used in the singular include the plural, and words used in the plural include the singular. Words used in the masculine gender include the feminine and neutral genders, and vice versa. The terms "and" and "or" shall be construed both conjunctively and disjunctively, as necessary, to make the Interrogatory inclusive rather than exclusive. The term "including" means "including but not limited to."

Definitions. As used in these Interrogatories, the following terms shall have the meanings specified below:

1. "YOU," "YOUR," or "PLAINTIFF" refers to Marisol Fuentes, individually, and includes her agents, representatives, attorneys, investigators, and all other persons acting on her behalf.

2. "AMA" or "DEFENDANT" refers to Aurelius Media Americas Inc., a Delaware corporation authorized to do business in the State of California, including its current and former officers, directors, employees, agents, representatives, and attorneys.

3. "AGMG" refers to Aurelius Global Media Group PLC, a public limited company organized under the laws of England and Wales, which is the ultimate parent company of AMA.

4. "CLASS PERIOD" refers to the period from November 1, 2018 through the present, or through the date of preliminary approval of any class settlement, whichever is earlier.

5. "DOCUMENT(S)" has the broadest meaning permitted under California Code of Civil Procedure section 2016.020, and includes, without limitation, all writings, recordings, and electronically stored information of every kind and description, whether in hard copy, electronic, digital, magnetic, optical, or any other format, including but not limited to emails, text messages, instant messages, voicemails, photographs, videos, spreadsheets, databases, social media posts, and metadata.

6. "PERSON" includes any natural person, corporation, partnership, limited liability company, joint venture, association, governmental entity, or any other legal or business entity.

7. "IDENTIFY" (as to a person) means to state the person's full legal name, last known residential or business address, last known telephone number, and relationship (if any) to either party in this action.

8. "IDENTIFY" (as to a document) means to state the document's title or description, the date it was created or last modified, the author or creator, all intended and actual recipients, and the present location or identity of the custodian of the document.

9. "MEAL PERIOD" refers to any meal period as defined and required under California Labor Code section 512, the applicable provisions of Industrial Welfare Commission Wage Order 12-2001 (codified at 8 Cal. Code Regs. § 11120), and any regulations promulgated thereunder.

10. "REST PERIOD" refers to any rest period as required under Industrial Welfare Commission Wage Order 12-2001 (8 Cal. Code Regs. § 11120), section 12, and any applicable provisions of California law.

11. "TIMETRACK PRO" refers to the NovaPay Solutions electronic timekeeping system used by AMA at its California facilities during the CLASS PERIOD for the purpose of recording employee time entries, including clock-in times, clock-out times, meal period punch times, and other timekeeping data.

12. "MISSED MEAL ATTESTATION" refers to the feature or function within the TIMETRACK PRO system that allows employees to report or attest to a missed, shortened, or non-compliant meal period by selecting an option on the time clock terminal or through an associated software interface.

13. "EMPLOYMENT" refers to Plaintiff's period of employment with AMA from approximately March 14, 2019 through approximately August 5, 2022, inclusive of all dates on which Plaintiff performed work for or was employed by AMA.

SPECIAL INTERROGATORIES

Employment Background. INTERROGATORY NO. 1:

State YOUR full employment history with AMA, including: (a) YOUR date of hire; (b) YOUR date of separation from employment and the reason for YOUR separation (e.g., voluntary resignation, involuntary termination, layoff); (c) each job title YOU held during YOUR EMPLOYMENT; (d) the dates YOU held each job title; (e) each AMA facility at which YOU worked and the specific dates or date ranges during which YOU worked at each facility; (f) the name(s) and title(s) of YOUR direct supervisor(s) at each facility during each period of YOUR EMPLOYMENT; and (g) YOUR hourly rate of pay at each point during YOUR EMPLOYMENT, including the effective date of each rate change.

INTERROGATORY NO. 2:

IDENTIFY each show unit or production to which YOU were assigned during YOUR EMPLOYMENT, including: (a) the name of the show or production; (b) the approximate start and end dates of YOUR assignment to each show unit or production; (c) the nature of YOUR role or responsibilities within each show unit or production; and (d) the name and title of the Unit Production Manager, Line Producer, or other production supervisor responsible for day-to-day scheduling and operations within each show unit or production to which YOU were assigned.

INTERROGATORY NO. 3:

State whether YOU were classified as a non-exempt, hourly employee during YOUR entire EMPLOYMENT with AMA, and if YOUR classification changed at any point during YOUR EMPLOYMENT, describe in detail the nature of the change (e.g., from non-exempt to exempt, or vice versa), the effective date of the change, the reason(s) for the change, and IDENTIFY any DOCUMENT(S) reflecting or memorializing the change.

INTERROGATORY NO. 4:

State the typical number of hours YOU worked per week during YOUR EMPLOYMENT, broken down by: (a) shooting days or production days (i.e., days on which principal filming, taping, or live production was occurring for a show unit to which YOU were assigned); (b) office days, pre-production days, or non-shooting days; and (c) any other categories of workdays that YOU distinguish. For each such category, state the typical shift start time and shift end time, the typical duration of your shift, and the approximate frequency of each type of workday per week or per month.

Meal Period Experiences

INTERROGATORY NO. 5:

For each instance during YOUR EMPLOYMENT in which YOU contend that YOU were denied a compliant first MEAL PERIOD (i.e., an uninterrupted, duty-free meal period of not less than 30 minutes commencing no later than the end of the fifth hour of work), state: (a) the approximate date(s) on which each such instance occurred; (b) the show unit or production on which YOU were working at the time; (c) the AMA facility at which YOU were working at the time; (d) the approximate start and end time of YOUR shift on each such date; (e) the approximate time at which YOU contend the compliant MEAL PERIOD should have been provided to YOU; (f) whether YOU received any MEAL PERIOD at all on each such date, and if so, the approximate start time, end time, and total duration of the MEAL PERIOD YOU received; and (g) the specific reason(s) YOU contend the MEAL PERIOD was not compliant (e.g., YOU were interrupted and required to return to work, the MEAL PERIOD was shorter than 30 minutes, no MEAL PERIOD was provided at all, the MEAL PERIOD commenced after the end of the fifth hour of work, or any other reason).

INTERROGATORY NO. 6:

For each instance identified in YOUR response to Interrogatory No. 5, IDENTIFY the supervisor, manager, or other AMA representative who was responsible for scheduling, authorizing, or directing MEAL PERIODS on the date in question, and state whether that person was aware that YOU had missed or been denied a compliant MEAL PERIOD.

INTERROGATORY NO. 7:

For each instance identified in YOUR response to Interrogatory No. 5, state whether YOU notified any supervisor, manager, Human Resources representative, or other AMA representative that YOU had missed or been denied a compliant MEAL PERIOD, and if so: (a) IDENTIFY the person(s) YOU notified; (b) state the date of the notification; (c) state the form of the notification (e.g., oral communication, written memorandum, email, text message, report through TIMETRACK PRO, or other method); and (d) describe the response, if any, that YOU received.

INTERROGATORY NO. 8:

For each instance during YOUR EMPLOYMENT in which YOU contend that YOU were denied a compliant second MEAL PERIOD for a shift exceeding ten (10) hours, as required by California Labor Code section 512(a) and IWC Wage Order 12-2001, state: (a) the approximate date(s) on which each such instance occurred; (b) the show unit or production on which YOU were working; (c) the approximate start and end time of YOUR shift on each such date; (d) whether YOU received any second MEAL PERIOD at all on each such date, and if so, the approximate start time, end time, and total duration of the second MEAL PERIOD YOU received; and (e) the specific reason(s) YOU contend the second MEAL PERIOD was not compliant.

INTERROGATORY NO. 9:

State whether YOU were ever provided with, or asked to sign, an on-duty meal period agreement (i.e., a written agreement permitting an on-duty meal period pursuant to IWC Wage Order 12-2001, section 11(A)) during YOUR EMPLOYMENT, and if so: (a) IDENTIFY the date(s) on which such agreement(s) were presented to YOU or executed by YOU; (b) state whether YOU voluntarily signed each such agreement; (c) IDENTIFY the show unit(s) or production(s) to which each such agreement applied; (d) describe the terms of each such agreement to the extent YOU recall them; and (e) state whether YOU ever revoked or sought to revoke any such agreement, and if so, the date and manner of revocation.

INTERROGATORY NO. 10:

State whether YOU were aware during YOUR EMPLOYMENT of AMA's written meal period policy, as set forth in AMA's Employee Handbook (most recently revised in or about March 2021) or any prior version thereof, and if so: (a) state when YOU first became aware of the policy; (b) describe YOUR understanding of the policy, including what it stated regarding the timing, duration, and conditions of meal periods; (c) state whether YOU received a copy of the Employee Handbook, and if so, when; and (d) state whether YOU signed an acknowledgment of receipt of the Employee Handbook, and if so, the approximate date of such acknowledgment.

INTERROGATORY NO. 11:

State whether any supervisor, manager, or other AMA representative ever instructed YOU, directly or indirectly, to forego, shorten, delay, or otherwise not take a MEAL PERIOD during YOUR EMPLOYMENT, and if so, for each such instance: (a) IDENTIFY the person(s) who gave such instruction(s); (b) state the approximate date(s) on which the instruction(s) were given; (c) describe the substance of the instruction(s) in as much detail as YOU recall; (d) state whether the instruction was communicated orally, in writing, by email, or by other means; and (e) IDENTIFY any other person(s) who were present or who witnessed the instruction.

INTERROGATORY NO. 12:

State whether YOU ever voluntarily chose to forego or shorten a MEAL PERIOD during YOUR EMPLOYMENT (i.e., a MEAL PERIOD that was made available to YOU and that YOU were free to take without impediment, but that YOU chose not to take or chose to shorten for YOUR own reasons), and if so: (a) describe the approximate frequency with which this occurred (e.g., number of times per week, per month, or over the course of YOUR EMPLOYMENT); (b) state YOUR reason(s) for voluntarily foregoing or shortening the MEAL PERIOD on each such occasion; and (c) state whether YOU notified any AMA supervisor or manager that YOU were voluntarily foregoing or shortening YOUR MEAL PERIOD.

Rest Period Experiences

INTERROGATORY NO. 13:

For each instance during YOUR EMPLOYMENT in which YOU contend that YOU were denied a compliant REST PERIOD (i.e., a net 10-minute, paid rest period for every four hours worked or major fraction thereof, as required by IWC Wage Order 12-2001), state: (a) the approximate date(s) on which each such instance occurred; (b) the show unit or production on which YOU were working; (c) the AMA facility at which YOU were working; (d) the approximate total duration of YOUR shift on each such date; (e) the number of REST PERIODS to which YOU contend YOU were entitled based on the length of YOUR shift; (f) the number of REST PERIODS YOU actually received on each such date; and (g) the specific reason(s) YOU contend the REST PERIOD(s) were not compliant (e.g., not provided at all, shortened, interrupted, or not scheduled at an appropriate time).

INTERROGATORY NO. 14:

For each instance identified in YOUR response to Interrogatory No. 13, IDENTIFY the supervisor, manager, or other AMA representative who was responsible for authorizing, scheduling, or directing REST PERIODS on the date in question, and state whether that person was aware that YOU had missed or been denied a compliant REST PERIOD.

INTERROGATORY NO. 15:

State whether any supervisor, manager, or other AMA representative ever instructed YOU, directly or indirectly, to forego, shorten, delay, or otherwise not take a REST PERIOD during YOUR EMPLOYMENT, and if so, for each such instance: (a) IDENTIFY the person(s) who gave such instruction(s); (b) state the approximate date(s) on which the instruction(s) were given; (c) describe the substance of the instruction(s) in as much detail as YOU recall; (d) state whether the instruction was communicated orally, in writing, by email, or by other means; and (e) IDENTIFY any other person(s) who were present or who witnessed the instruction.

INTERROGATORY NO. 16:

State whether YOU ever voluntarily chose to forego or shorten a REST PERIOD during YOUR EMPLOYMENT (i.e., a REST PERIOD that was made available to YOU and that YOU were free to take, but that YOU chose not to take or chose to shorten for YOUR own reasons), and if so: (a) describe the approximate frequency with which this occurred; (b) state YOUR reason(s) for voluntarily foregoing or shortening the REST PERIOD on each such occasion; and (c) state whether YOU notified any AMA supervisor or manager that YOU were voluntarily foregoing or shortening YOUR REST PERIOD.

TimeTrack Pro and Missed Meal Attestation Feature

INTERROGATORY NO. 17:

Describe YOUR understanding of how the NovaPay Solutions TIMETRACK PRO electronic timekeeping system operated at YOUR facility (the Studio City facility located at 4024 Penmark Strategy Partners Avenue, Studio City, CA 91604), including but not limited to: (a) how YOU clocked in at the beginning of YOUR shift; (b) how YOU clocked out at the end of YOUR shift; (c) how MEAL PERIODS were recorded in the system (e.g., whether YOU were required to clock out for meal periods and clock back in, or whether the system automatically recorded meal periods); (d) the type of device or terminal used for timekeeping (e.g., wall-mounted time clock, computer kiosk, handheld device, mobile application); (e) whether YOU ever experienced any difficulty or malfunction with the TIMETRACK PRO system, and if so, describe each such instance; and (f) whether any supervisor or manager ever modified or corrected YOUR time entries in the TIMETRACK PRO system, and if so, describe each such instance, including the approximate date, the nature of the modification, and IDENTIFY the person who made the modification.

INTERROGATORY NO. 18:

State whether YOU were aware during YOUR EMPLOYMENT of the MISSED MEAL ATTESTATION feature within the TIMETRACK PRO system (i.e., a feature that allows employees to report a missed or shortened meal period by selecting an option on the time clock terminal or through an associated interface), and if so: (a) state when YOU first became aware of the MISSED MEAL ATTESTATION feature; (b) describe how YOU learned of the feature (e.g., training session, written notice, co-worker, supervisor, self-discovery); (c) state whether YOU ever used the MISSED MEAL ATTESTATION feature, and if so, describe each instance, including the approximate date and the substance of the attestation YOU submitted; and (d) if YOU used the MISSED MEAL ATTESTATION feature, state the approximate total number of times YOU used it during YOUR EMPLOYMENT and the time period(s) during which YOU used it.

INTERROGATORY NO. 19:

If YOUR response to Interrogatory No. 18 indicates that YOU were not aware of the MISSED MEAL ATTESTATION feature within the TIMETRACK PRO system, or that YOU did not use the feature, state whether YOU received any training, instruction, written notice, email, memorandum, or other communication from AMA, any AMA supervisor, manager, or Human Resources representative regarding: (a) how to report a missed, shortened, or non-compliant MEAL PERIOD; (b) any procedure or mechanism for recording a missed or shortened MEAL PERIOD in the TIMETRACK PRO system or otherwise; or (c) the consequences of failing to report a missed or shortened MEAL PERIOD. If YOU received any such training, instruction, notice, or communication, describe its content in as much detail as YOU recall and IDENTIFY the person(s) who provided it, the date(s) on which it was provided, and the method by which it was provided (e.g., in-person training, email, written handout, online module).

INTERROGATORY NO. 20:

State whether YOU were aware during YOUR EMPLOYMENT that the TIMETRACK PRO system automatically deducted thirty (30) minutes from YOUR recorded work hours for shifts of six (6) hours or more (hereinafter the "auto-deduction"), and if so: (a) state when YOU first became aware of the auto-deduction; (b) describe how YOU learned of the auto-deduction (e.g., by reviewing YOUR time records, by receiving information from a supervisor or co-worker, or by other means); (c) state YOUR understanding of the purpose of the auto-deduction; and (d) state whether YOU were aware that the auto-deduction was triggered at the six-hour threshold rather than at the five-hour threshold set forth in IWC Wage Order 12-2001 and California Labor Code section 512.

INTERROGATORY NO. 21:

State whether the auto-deduction described in Interrogatory No. 20 ever resulted in YOUR recorded work hours being less than the hours YOU actually worked (i.e., because YOU did not actually take a full, uninterrupted, 30-minute MEAL PERIOD on a given day, but the TIMETRACK PRO system nonetheless deducted 30 minutes from YOUR recorded hours), and if so, for each such instance: (a) state the approximate date(s) on which this occurred; (b) state the actual hours YOU worked on each such date; (c) state the hours recorded by the TIMETRACK PRO system on each such date after the auto-deduction; (d) state the resulting discrepancy between YOUR actual hours worked and YOUR recorded hours; and (e) state whether YOU reported the discrepancy to any AMA supervisor, manager, or Human Resources representative, and if so, IDENTIFY the person(s) to whom YOU reported, the date of the report, and the response (if any) YOU received.

Off-the-Clock Work. INTERROGATORY NO. 22:

For each instance during YOUR EMPLOYMENT in which YOU contend that YOU performed work before YOUR scheduled shift start time (i.e., "pre-shift" work) for which YOU were not compensated, state: (a) the approximate date(s) or frequency with which YOU performed pre-shift work (e.g., daily, several times per week, occasionally); (b) the nature of the work performed during the pre-shift period (e.g., equipment setup, reviewing production schedules, loading materials, attending briefings, responding to emails, or other tasks); (c) the approximate amount of time spent on pre-shift work on each occasion or on a typical occasion; (d) whether YOU clocked in to the TIMETRACK PRO system or otherwise recorded YOUR time before performing this pre-shift work, and if not, the reason YOU did not; and (e) IDENTIFY any supervisor, manager, or other AMA representative who was present at the facility, who observed YOU performing pre-shift work, or who directed YOU to perform pre-shift work, and describe any instruction or direction given.

INTERROGATORY NO. 23:

For each instance during YOUR EMPLOYMENT in which YOU contend that YOU performed work after YOUR scheduled shift end time (i.e., "post-shift" work) for which YOU were not compensated, state: (a) the approximate date(s) or frequency with which YOU performed post-shift work; (b) the nature of the work performed during the post-shift period (e.g., equipment breakdown, filing paperwork, responding to communications from supervisors, completing production reports, or other tasks); (c) the approximate amount of time spent on post-shift work on each occasion or on a typical occasion; (d) whether YOU clocked out of the TIMETRACK PRO system or otherwise ceased recording YOUR time before performing this post-shift work, and if so, the reason YOU clocked out before completing YOUR work; and (e) IDENTIFY any supervisor, manager, or other AMA representative who was present, who observed YOU performing post-shift work, or who directed YOU to perform post-shift work, and describe any instruction or direction given.

INTERROGATORY NO. 24:

State whether any supervisor, manager, or other AMA representative ever instructed YOU, directly or indirectly, to perform work before clocking in to the TIMETRACK PRO system or after clocking out of the TIMETRACK PRO system, and if so, for each such instance: (a) IDENTIFY the person(s) who gave such instruction(s); (b) state the approximate date(s) on which the instruction(s) were given; (c) describe the substance of the instruction(s) in as much detail as YOU recall, including the specific work YOU were instructed to perform; (d) state whether the instruction was communicated orally, in writing, by email, by text message, or by other means; and (e) IDENTIFY any other person(s) who were present or who witnessed the instruction.

INTERROGATORY NO. 25:

State whether YOU ever reported to any AMA supervisor, manager, Human Resources representative, or other AMA representative that YOU had performed off-the-clock work (whether pre-shift or post-shift) for which YOU were not compensated, and if so, for each such report: (a) IDENTIFY the person(s) to whom YOU reported; (b) state the approximate date(s) of the report(s); (c) state the form of the report (e.g., oral communication, written memorandum, email, text message, or other method); (d) describe the substance of the report in as much detail as YOU recall; and (e) describe the response, if any, that YOU received from the person(s) to whom YOU reported, including any action taken by AMA in response to YOUR report.

Wages, Overtime, and Wage Statements

INTERROGATORY NO. 26:

State whether YOU reviewed YOUR wage statements (pay stubs) during YOUR EMPLOYMENT, and if so: (a) state the approximate frequency with which YOU reviewed YOUR wage statements (e.g., every pay period, monthly, occasionally, rarely); (b) state whether YOU ever identified any inaccuracy, error, or discrepancy on a wage statement, and if so, describe the nature of the inaccuracy, error, or discrepancy (e.g., incorrect hours worked, incorrect pay rate, missing overtime pay, incorrect deductions, missing or inaccurate information required by Labor Code section 226(a)); (c) state the approximate date(s) on which YOU identified each such inaccuracy; and (d) state whether YOU reported the inaccuracy to any AMA supervisor, manager, Human Resources representative, or payroll department representative, and if so, IDENTIFY the person(s) to whom YOU reported, the date of the report, and the response (if any) YOU received.

INTERROGATORY NO. 27:

State YOUR contention as to the total amount of overtime compensation (including at both the time-and-one-half rate and the double-time rate, as applicable under California Labor Code sections 510 and 1194) that YOU were not paid during YOUR EMPLOYMENT, and describe the basis for YOUR calculation, including: (a) the specific time periods during which YOU contend YOU were not paid overtime compensation owed; (b) the specific hours or shifts at issue; (c) the applicable regular rate(s) of pay; (d) the overtime rate(s) YOU contend should have been applied; (e) the amount of overtime compensation YOU contend YOU should have received; (f) the amount of overtime compensation YOU actually received; and (g) the resulting difference or underpayment.

INTERROGATORY NO. 28:

State whether YOU received all wages owed to YOU at the time of YOUR separation from employment with AMA on or about August 5, 2022, and if YOU contend that YOU did not receive all wages owed at the time of separation: (a) IDENTIFY each category of wages YOU contend were not timely paid (e.g., regular wages, overtime wages, meal period premium pay, rest period premium pay, accrued vacation or PTO, commissions, bonuses, or any other form of compensation); (b) state the amount(s) at issue for each category; (c) state the date on which YOU contend each category of wages should have been paid; (d) state the date, if any, on which YOU actually received payment for each category; and (e) IDENTIFY any DOCUMENT(S) supporting YOUR contention that wages were not timely paid.

Damages. INTERROGATORY NO. 29:

State YOUR individual damages claim in this action, broken down by each category of damages (including but not limited to meal period premium pay under Labor Code section 226.7, rest period premium pay under Labor Code section 226.7, unpaid overtime compensation under Labor Code sections 510 and 1194, unpaid minimum wages under Labor Code sections 1194 and 1197, inaccurate wage statement penalties under Labor Code section 226(e), waiting time penalties under Labor Code sections 201–203, PAGA civil penalties under Labor Code section 2699(f), and any other damages, penalties, interest, or relief), and for each category: (a) state the total amount claimed; (b) describe the basis and methodology for YOUR calculation; (c) state the time period(s) to which each category of damages relates; and (d) IDENTIFY any expert, consultant, or other person who assisted in calculating YOUR damages.

INTERROGATORY NO. 30:

IDENTIFY each DOCUMENT or record that supports YOUR individual damages calculation as described in YOUR response to Interrogatory No. 29, including but not limited to personal calendars, personal timesheets or time logs, pay stubs or wage statements, bank records or direct deposit records, diaries, journals, notes, photographs, screenshots, text messages, emails, or any other record reflecting the hours YOU worked, the wages YOU received, the meal periods or rest periods YOU took or missed, or any other fact relevant to YOUR damages calculation. For each such DOCUMENT, state its title or description, the date(s) it covers, and its present location or custodian.

INTERROGATORY NO. 31:

State whether YOU have sought or obtained employment since YOUR separation from AMA on or about August 5, 2022, and if so: (a) IDENTIFY each employer for whom YOU have worked since YOUR separation; (b) state YOUR job title at each such employer; (c) state YOUR start date of employment with each such employer; (d) state YOUR rate of pay at each such employer; and (e) state whether YOU are currently employed and, if so, by whom. If YOU have not sought or obtained employment since YOUR separation from AMA, state the reason(s) why.

Class Representative Issues

INTERROGATORY NO. 32:

Describe all communications between YOU and any other current or former AMA employee regarding the allegations in this lawsuit or the subject matter of this lawsuit, including but not limited to communications about working conditions, meal periods or meal breaks, rest periods or rest breaks, wages, overtime, timekeeping, the TIMETRACK PRO system, the MISSED MEAL ATTESTATION feature, AMA policies or practices, or the decision to file this action or participate as a named plaintiff. For each such communication, state: (a) the full name and identity of the person(s) with whom YOU communicated; (b) the approximate date(s) of each communication; (c) the method or medium of communication (e.g., in person, telephone, text message, email, social media message or post, video call, or other method); and (d) the substance of the communication in as much detail as YOU recall. This Interrogatory is not intended to seek information protected by the attorney-client privilege; if YOU contend that any portion of a responsive communication is privileged, identify the communication and the basis for the privilege claim.

INTERROGATORY NO. 33:

Describe all communications between YOU and Castellano Byrne & Salas LLP, Veltrano Employment Law Group PC, or any other attorney or law firm regarding the claims alleged in this action or the subject matter of this action, to the extent such communications are not protected by the attorney-client privilege, including: (a) how YOU first came into contact with YOUR counsel of record in this action (e.g., YOU contacted counsel directly, counsel contacted YOU, YOU were referred by another person, YOU responded to an advertisement or solicitation, or other means); (b) the approximate date of YOUR first communication with YOUR counsel; (c) whether YOUR counsel or any person acting on behalf of YOUR counsel solicited YOUR participation as a named plaintiff or class representative in this action, and if so, the date and circumstances of the solicitation; and (d) whether YOU have any fee arrangement, retainer agreement, or financial arrangement with YOUR counsel other than the contingency fee arrangement described or referenced in the complaint, and if so, describe the nature of the arrangement. This Interrogatory is not intended to seek the substance of communications protected by the attorney-client privilege, but rather the non-privileged facts concerning the circumstances under which the attorney-client relationship was formed and the nature of any fee arrangements.

PAGA and Other Claims

INTERROGATORY NO. 34:

State YOUR understanding of the notice served on the California Labor and Workforce Development Agency ("LWDA") on or about September 15, 2022, pursuant to the Private Attorneys General Act of 2004 (California Labor Code sections 2698–2699.8) (the "PAGA Notice"), including: (a) whether YOU authorized the filing or submission of the PAGA Notice, and if so, the date and circumstances under which YOU provided such authorization; (b) when YOU first became aware of the PAGA Notice, and how YOU became aware of it; (c) whether YOU read or reviewed the PAGA Notice before it was submitted to the LWDA, and if so, whether YOU approved its contents; (d) whether YOU personally experienced each of the specific Labor Code violations identified in the PAGA Notice, and for each violation alleged, state whether YOU experienced that violation, the approximate date(s) on which YOU experienced it, and the factual basis for YOUR claim; and (e) the specific facts supporting YOUR claim that YOU are an "aggrieved employee" within the meaning of California Labor Code section 2699(c), including the identification of each Labor Code provision that YOU contend was violated as to YOU personally.

INTERROGATORY NO. 35:

State whether YOU have filed or are a party to any other lawsuit, arbitration, administrative charge, administrative complaint, or other legal proceeding (including but not limited to any workers' compensation claim, claim or charge filed with the California Division of Labor Standards Enforcement, claim or charge filed with the California Department of Industrial Relations, claim or charge filed with the United States Equal Employment Opportunity Commission, claim or charge filed with the California Department of Fair Employment and Housing or the Civil Rights Department, or any other administrative or judicial proceeding) against AMA, AGMG, or any parent, subsidiary, affiliate, or related entity, and if so, for each such proceeding: (a) IDENTIFY the forum or agency before which the proceeding was filed; (b) state the case number, claim number, or other identifying reference; (c) state the date on which the proceeding was initiated; (d) describe the nature of the claims asserted; (e) state the current status of the proceeding; and (f) IDENTIFY YOUR attorney or representative in each such proceeding, if any.

Dated: February 24, 2023

CALDERWOOD & HARKNESS LLP

By: /s/ Devon Archer

Devon Archer (SBN 301462) Renata Vasquez (SBN 224578) CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201

Email: darcher@calderwoodharkness.com

Attorneys for Defendant Aurelius Media Americas Inc.

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I, Sophia Meng, declare:

I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and am not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017.

On February 24, 2023, I served the foregoing document described as:

DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF MARISOL FUENTES (Nos. 1–35)

on the interested parties in this action by transmitting a true and correct copy via electronic mail to the email addresses set forth below, pursuant to California Code of Civil Procedure section 1010.6 and the parties' agreement to accept service by electronic means:

Marco Castellano, Esq. Diane Salas, Esq. CASTELLANO BYRNE & SALAS LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025 Telephone: (310) 555-4400 Facsimile: (310) 555-4401

Email: mcastellano@cbslawyers.com

Email: dsalas@cbslawyers.com

Attorneys for Plaintiff Marisol Fuentes

Sandra Higuera, Esq. VELTRANO EMPLOYMENT LAW GROUP PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071 Telephone: (213) 555-8800 Facsimile: (213) 555-8801

Email: shiguera@ridgemontlaw.com