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

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.

Lead Case No. 22STCV38214 (Consolidated with Case No. 22STCV39501)

Assigned for All Purposes to the Honorable Raymond Escobedo, Department 34

DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF DEREK HALLORAN

(NOS. 1–35)

Defendant Aurelius Media Americas Inc. ("AMA"), by and through its counsel of record, Calderwood & Harkness LLP, hereby propounds its First Set of Special Interrogatories (Nos. 1–35) to Plaintiff Derek Halloran ("Halloran"), pursuant to California Code of Civil Procedure sections 2030.010 through 2030.410 and all other applicable provisions of law. Plaintiff is requested to respond to each of the following interrogatories separately and fully, under oath, in writing, within thirty (30) days of service hereof.

PRELIMINARY INSTRUCTIONS

The following instructions shall apply to each interrogatory set forth below:

1. Each interrogatory herein shall be answered separately and fully, in writing and under oath, in compliance with California Code of Civil Procedure sections 2030.210 through 2030.310. Each response shall set forth as much information as is presently known to the responding party or is reasonably available to the responding party upon reasonable inquiry.

2. If any interrogatory cannot be answered in full after the exercise of due diligence, it shall be answered to the extent possible, and the responding party shall specify the reason for the inability to answer the remainder of the interrogatory, including a statement of whatever information or knowledge the responding party has concerning the unanswered portion.

3. If any interrogatory is objected to, the objection shall be stated with specificity, including the legal basis for the objection. Notwithstanding any objection, the responding party shall respond to the non-objectionable portion of the interrogatory to the fullest extent possible. A general or boilerplate objection, without more, is insufficient and does not excuse the responding party from the obligation to provide a substantive response.

4. The responding party is under a continuing obligation to supplement or amend any response to the extent that the responding party obtains additional or different information after serving the initial response. This obligation continues throughout the pendency of this action.

5. In responding to each interrogatory, the responding party shall identify all sources of information upon which the response is based, including the identity of any person who provided information used in formulating the response and the identity of any document reviewed or consulted in connection with the response.

6. If any information responsive to an interrogatory is withheld on the basis of a claim of privilege or work product protection, the responding party shall identify the specific privilege claimed, the nature of the information withheld, and the factual basis for the claim of privilege with sufficient specificity to permit the propounding party to evaluate the claim, including: (a) the type of information withheld (e.g., oral communication, document, mental impression); (b) the date of the communication or creation of the document; (c) the identity of all persons who were parties to or recipients of the communication or document; and (d) the general subject matter of the withheld information, stated in a manner that does not disclose the privileged content.

7. Words used in the singular shall include the plural, and words used in the plural shall include the singular. Words used in the masculine gender shall include the feminine and neutral genders, and vice versa. The connective "and" shall be construed as both conjunctive and disjunctive, and the connective "or" shall be construed as both disjunctive and conjunctive, so as to bring within the scope of each interrogatory all responses that might otherwise be construed to be outside its scope.

8. The terms "any" and "all" shall be construed broadly and shall mean "each and every."

DEFINITIONS

As used in these interrogatories, the following definitions shall apply:

A. "YOU," "YOUR," "PLAINTIFF," or "HALLORAN" refers to Derek Halloran, individually, including anyone acting on his behalf, and encompasses Halloran's knowledge, information, and belief, as well as information available to him upon reasonable inquiry.

B. "AMA," "DEFENDANT," or "THE COMPANY" refers to Aurelius Media Americas Inc., a Delaware corporation, including its current and former officers, directors, employees, agents, representatives, attorneys, subsidiaries, affiliates, divisions, departments, predecessors, and successors.

C. "AGMG" refers to Aurelius Global Media Group PLC, a public limited company organized under the laws of England and Wales, which is the parent company of AMA and which, together with its subsidiaries, operates media and entertainment properties across North America, Europe, and the Asia-Pacific region.

D. "PERSON" refers to any natural person, firm, corporation, partnership, association, joint venture, proprietorship, governmental body, or any other legal entity or organization, and includes any agent, employee, officer, director, representative, or other person acting on behalf of such entity.

E. "DOCUMENT" has the meaning set forth in California Code of Civil Procedure section 2016.020 and includes, without limitation, all writings, electronically stored information ("ESI"), and tangible things, including but not limited to letters, memoranda, emails, text messages, instant messages, Meridian Solutions messages, Northgate Data Systems messages, reports, notes, handwritten notes, diaries, calendars, schedules, agendas, minutes, recordings (audio and video), photographs, spreadsheets, databases, metadata, social media posts, and any other form of recorded information, regardless of format or medium.

F. "COMMUNICATION" refers to any oral, written, or electronic transmission of information between or among two or more persons, including but not limited to face-to-face conversations, telephone calls, voicemails, emails, text messages (SMS and MMS), Meridian Solutions messages, Northgate Data Systems messages, direct messages on any platform, letters, memoranda, notes, social media messages, posts, and any other form of information exchange, regardless of the medium used.

G. "EMPLOYMENT PERIOD" refers to the period from June 1, 2020, through November 30, 2022, which constitutes Halloran's period of employment with AMA.

H. "CLASS PERIOD" refers to the period from November 1, 2018, through the present date, as alleged in the operative complaint.

I. "MEAL PERIOD" refers to a meal period as defined under California Labor Code section 512 and Industrial Welfare Commission ("IWC") Wage Order 12-2001 (the Motion Picture Industry Order), section 11, including the requirement that an employer may not employ an employee for a work period of more than five (5) hours per day without providing the employee with a meal period of not less than thirty (30) minutes, during which the employee is relieved of all duties.

J. "REST PERIOD" refers to a rest period as authorized and permitted under IWC Wage Order 12-2001, section 12, which provides that every employer shall authorize and permit all employees to take rest periods that, insofar as practicable, shall be in the middle of each work period, at the rate of ten (10) net minutes of rest time per four (4) hours worked, or major fraction thereof.

K. "TIMETRACK PRO" refers to the NovaPay Solutions Inc. electronic timekeeping system utilized by AMA at its California production facilities for recording employee clock-in and clock-out times, tracking hours worked, and managing payroll-related functions, including the automatic meal period deduction feature and the Missed Meal Attestation feature.

L. "MISSED MEAL ATTESTATION" refers to the feature within the TimeTrack Pro system that allows non-exempt employees to report a missed, late, or shortened meal period by completing an electronic attestation at the time clock terminal, which then generates an alert to the employee's supervisor and the payroll department for review, and which, if validated, triggers the payment of one (1) additional hour of pay at the employee's regular rate of compensation as a meal period premium.

M. "FACILITY" refers to any AMA production facility, office location, studio, stage, or other workplace in the State of California at which AMA employees performed work during the Class Period, including but not limited to:

(1) 8500 Sunset Boulevard, Suite 1400, West Hollywood, CA 90069 (corporate headquarters and post-production center);

(2) 4024 Penmark Strategy Partners Avenue, Studio City, CA 91604 (Stage A & Stage B — unscripted programming production);

(3) 15301 Ventura Boulevard, Suite 300, Sherman Oaks, CA 91403 (digital content division offices and editing suites);

(4) 3800 West Alameda Avenue, Burbank, CA 91505 (live events and field production operations center);

(5) 1438 North Gower Street, Hollywood, CA 90028 (scripted development and post-production);

(6) 2120 Colorado Avenue, Santa Monica, CA 90404 (e-commerce studio and branded content production);

(7) 888 North Sepulveda Boulevard, El Segundo, CA 90245 (post-production annex and archival storage).

N. "SHOW UNIT" refers to a distinct production unit within AMA that is organized and staffed for the purpose of producing a specific television program, series, special, digital series, or other content project, including all personnel assigned to or associated with that unit (e.g., producers, editors, coordinators, production assistants, post-production personnel, and support staff).

O. "SUPERVISOR" refers to any person who, at any time during the Employment Period, had authority to direct YOUR work, assign YOUR tasks, manage or approve YOUR work schedule, authorize or deny YOUR meal or rest periods, approve YOUR timesheets, or exercise any other supervisory or managerial authority over YOU, including but not limited to unit production managers, line producers, post-production supervisors, department heads, and any other individuals who functioned in a supervisory capacity with respect to YOUR work.

P. "HOLLYWOOD FACILITY" or "FACILITY 5" refers to AMA's production facility located at 1438 North Gower Street, Hollywood, CA 90028, which housed scripted development offices, editing suites, color correction bays, audio mixing rooms, and related post-production infrastructure during the Employment Period.

Q. "OFF-THE-CLOCK WORK" refers to any work, labor, or services performed by YOU for the benefit of AMA for which YOU were not compensated, including but not limited to work performed before clocking in on the TimeTrack Pro system, work performed after clocking out on the TimeTrack Pro system, work performed during meal periods, and any other uncompensated labor or services.

R. "IDENTIFY" means:

(a) When used in reference to a natural person: state the person's full legal name, last known residential address, last known telephone number, current or last known job title, and current or last known employer.

(b) When used in reference to a document: state the type or nature of the document (e.g., email, memorandum, report), the date of the document, the author(s) or creator(s), the recipient(s) or addressee(s), the general subject matter, and the current custodian or location of the document.

(c) When used in reference to a communication: state the date of the communication, all participants (senders, recipients, and persons present), the medium of the communication (e.g., oral, written, email, text message, Meridian Solutions message, telephone), and the substance or content of the communication.

S. "DESCRIBE" means provide a detailed narrative explanation of the facts, circumstances, events, and other information responsive to the interrogatory, including all relevant details known to YOU or reasonably available to YOU upon reasonable inquiry.

T. "RELATE TO" or "RELATING TO" means refers to, concerns, pertains to, reflects, describes, constitutes, evidences, mentions, discusses, analyzes, embodies, sets forth, summarizes, reports on, comments on, responds to, or is in any way logically or factually connected with the subject matter of the interrogatory.

SPECIAL INTERROGATORIES

INTERROGATORY NO. 1:

State YOUR full legal name, current residential address, current telephone number, date of birth, and Social Security number. State the date on which YOU first became employed by AMA, YOUR job title(s) during YOUR Employment Period, the date(s) of any change(s) in title, position, or classification during YOUR Employment Period, YOUR hourly rate(s) of pay at the commencement of YOUR employment and at the time of YOUR separation (including the date and amount of each change in YOUR hourly rate during YOUR Employment Period), and the date of YOUR separation from AMA, including whether YOUR separation was voluntary or involuntary.

INTERROGATORY NO. 2:

IDENTIFY each FACILITY at which YOU worked during YOUR Employment Period. For each FACILITY, state the street address, the dates during which YOU were assigned to or regularly performed work at that FACILITY, and the approximate percentage of YOUR total working time during YOUR Employment Period that was spent at each FACILITY. If YOU worked at more than one FACILITY during any single pay period, state the approximate allocation of YOUR time among the FACILITIES during that period.

INTERROGATORY NO. 3:

IDENTIFY each SHOW UNIT to which YOU were assigned during YOUR Employment Period. For each SHOW UNIT, state: (a) the name of the television program, series, digital series, or content project associated with the SHOW UNIT; (b) the dates of YOUR assignment to that SHOW UNIT, including start and end dates; (c) YOUR specific duties and responsibilities within the SHOW UNIT; (d) the name(s) of YOUR direct SUPERVISOR(s) within the SHOW UNIT, including each SUPERVISOR's job title; and (e) the approximate number of other non-exempt employees who were assigned to that SHOW UNIT during the period of YOUR assignment.

INTERROGATORY NO. 4:

IDENTIFY each SUPERVISOR who had authority over YOUR work, work schedule, task assignments, or meal and rest period assignments during YOUR Employment Period. For each SUPERVISOR, state: (a) the SUPERVISOR's full name; (b) the SUPERVISOR's job title(s) during the relevant period; (c) the period during which the SUPERVISOR had authority over YOU, including approximate start and end dates; (d) the nature and extent of the SUPERVISOR's authority over YOU, including whether the SUPERVISOR had the authority to approve or deny YOUR meal or rest period requests, to approve YOUR timesheets, to assign YOU overtime, or to direct YOUR daily work tasks; and (e) whether the SUPERVISOR was located at the same FACILITY as YOU.

INTERROGATORY NO. 5:

DESCRIBE YOUR typical work schedule during YOUR Employment Period, including YOUR usual start time, usual end time, and total hours worked per day. State whether YOUR schedule varied depending on whether YOU were working on a "production day" (i.e., a day involving active production, editing, or post-production activities under a delivery deadline) versus an "office/prep day" (i.e., a day involving administrative tasks, preparatory work, or non-deadline work), and if so, DESCRIBE the typical schedule for each type of day, including: (a) the usual start time and end time for each type of day; (b) the typical total hours worked for each type of day; (c) the approximate frequency with which each type of day occurred during a typical week; and (d) whether YOUR schedule changed over the course of YOUR Employment Period, and if so, how and when it changed.

INTERROGATORY NO. 6:

State the approximate number of shifts during YOUR Employment Period in which YOU worked: (a) more than eight (8) hours in a single workday; (b) more than ten (10) hours in a single workday; and (c) more than twelve (12) hours in a single workday. For each of the foregoing categories, state: (i) whether such shifts occurred regularly (i.e., multiple times per week), occasionally (i.e., several times per month), or rarely (i.e., a few times per year); (ii) the typical circumstances under which such extended shifts occurred (e.g., delivery deadlines, crunch periods, special projects, live events); and (iii) the approximate total number of such shifts during YOUR entire Employment Period.

INTERROGATORY NO. 7:

DESCRIBE YOUR typical experience with first MEAL PERIODS during YOUR Employment Period at the HOLLYWOOD FACILITY. State whether YOU typically received a full, uninterrupted, duty-free MEAL PERIOD of not less than thirty (30) minutes for shifts exceeding five (5) hours. If YOUR experience varied over time, by circumstance, by SHOW UNIT, or by any other factor, DESCRIBE the nature of the variation, the circumstances or factors that caused the variation, and the approximate frequency of each type of experience (e.g., the approximate percentage of shifts on which YOU received a full compliant MEAL PERIOD versus the approximate percentage of shifts on which YOU did not). State whether YOUR first MEAL PERIOD was typically provided before the end of the fifth hour of work, and if not, DESCRIBE the typical timing of YOUR first MEAL PERIOD.

INTERROGATORY NO. 8:

IDENTIFY each specific shift or date during YOUR Employment Period on which YOU allege that YOU did not receive a compliant first MEAL PERIOD. For each such shift or date, state: (a) the date; (b) the FACILITY at which YOU were working; (c) the SHOW UNIT to which YOU were assigned; (d) YOUR start time and end time for that shift; (e) the specific reason YOU did not receive a compliant MEAL PERIOD, including whether the reason was work demands, a supervisor's instruction or direction, workload pressure, personal choice, or any other reason; (f) the identity of any SUPERVISOR who directed, required, encouraged, or permitted YOU to work through the MEAL PERIOD, skip the MEAL PERIOD, or take a shortened MEAL PERIOD; (g) the approximate duration of any break YOU did receive, if any, during that shift; and (h) whether YOU used the MISSED MEAL ATTESTATION feature on the TIMETRACK PRO system to report the missed or shortened MEAL PERIOD, and if not, the reason YOU did not.

INTERROGATORY NO. 9:

For each shift during YOUR Employment Period that exceeded ten (10) hours, state: (a) the date of the shift; (b) the total hours worked; (c) whether YOU received a second MEAL PERIOD of not less than thirty (30) minutes; and (d) if YOU did not receive a compliant second MEAL PERIOD on any such shift, DESCRIBE the reason YOU did not receive a second MEAL PERIOD, including whether the reason was work demands, a supervisor's instruction, workload pressure, a mutual agreement to waive the second meal period, personal choice, or any other reason. For each such shift on which YOU did not receive a second MEAL PERIOD, IDENTIFY any SUPERVISOR who directed, required, or permitted YOU to forgo the second MEAL PERIOD.

INTERROGATORY NO. 10:

DESCRIBE YOUR typical experience with REST PERIODS during YOUR Employment Period at the HOLLYWOOD FACILITY. State whether YOU typically received a net ten (10) minute paid REST PERIOD for every four (4) hours worked, or major fraction thereof, as required by IWC Wage Order 12-2001, section 12. If YOUR experience with REST PERIODS varied over time, by circumstance, by SHOW UNIT, or by any other factor, DESCRIBE the nature of the variation, the circumstances or factors that caused the variation, and the approximate frequency of each type of experience. State whether AMA authorized and permitted YOU to take REST PERIODS, and whether any SUPERVISOR or other PERSON at AMA discouraged YOU from taking REST PERIODS, and if so, IDENTIFY the PERSON and DESCRIBE what was said or done.

INTERROGATORY NO. 11:

IDENTIFY each specific shift or date during YOUR Employment Period on which YOU allege that YOU were not authorized and permitted to take a REST PERIOD as required by law. For each such shift or date, state: (a) the date; (b) the FACILITY at which YOU were working; (c) the SHOW UNIT to which YOU were assigned; (d) YOUR start time and end time for that shift; (e) the total number of REST PERIODS to which YOU were entitled based on the duration of the shift; (f) the total number of REST PERIODS YOU actually received; (g) the reason or reasons YOU did not receive the required REST PERIOD(s), including whether the reason was work demands, a supervisor's instruction, workload pressure, personal choice, or any other reason; and (h) the identity of any SUPERVISOR or other PERSON who was involved in the decision to deny, discourage, or prevent YOU from taking the required REST PERIOD(s).

INTERROGATORY NO. 12:

State whether YOU were aware at any time during YOUR Employment Period that AMA's TIMETRACK PRO timekeeping system automatically deducted thirty (30) minutes from YOUR recorded hours for shifts of six (6) hours or more, regardless of whether YOU actually took a MEAL PERIOD during that shift. If YOU were aware of the automatic deduction, state: (a) when YOU first became aware of the automatic deduction practice, including the approximate date; (b) how YOU learned of it, including whether YOU were informed by a SUPERVISOR, coworker, human resources representative, or other PERSON, or whether YOU discovered it through YOUR own review of timekeeping records or wage statements; (c) the identity of any PERSON who informed YOU of the automatic deduction; and (d) whether YOU understood the relationship, if any, between the automatic deduction and the MISSED MEAL ATTESTATION feature.

INTERROGATORY NO. 13:

State whether YOU were aware at any time during YOUR Employment Period of the MISSED MEAL ATTESTATION feature within the TIMETRACK PRO system, which allowed employees to electronically report a missed, late, or shortened MEAL PERIOD. If YOU were aware of the MISSED MEAL ATTESTATION feature, state: (a) when YOU first became aware of the feature, including the approximate date; (b) how YOU learned of the feature, including whether YOU were informed through training, by a SUPERVISOR, by a coworker, by a posting or notice, by the TimeTrack Pro system interface itself, or by any other means; (c) the identity of any PERSON who informed YOU of the feature; and (d) YOUR understanding of how the feature worked, including what happened when an employee used the feature and whether use of the feature would result in a premium payment.

INTERROGATORY NO. 14:

State whether YOU ever used the MISSED MEAL ATTESTATION feature during YOUR Employment Period. If YOU used the feature, state: (a) the approximate number of times YOU used the feature during YOUR Employment Period; (b) the approximate dates or time period(s) during which YOU used the feature; (c) whether each use resulted in the payment of a meal period premium, and if not, why not; and (d) whether any SUPERVISOR or other PERSON at AMA responded to YOUR attestation(s), and if so, IDENTIFY the PERSON and DESCRIBE the response. If YOU did not use the MISSED MEAL ATTESTATION feature at any time during YOUR Employment Period, DESCRIBE in detail the reason(s) YOU chose not to use it, including: (i) whether any SUPERVISOR, manager, coworker, or other PERSON at AMA expressly or impliedly discouraged YOU from using the feature, and if so, IDENTIFY that PERSON and DESCRIBE in detail what was said, done, or communicated; (ii) whether YOU believed that using the feature would have negative consequences for YOU, and if so, DESCRIBE the basis for that belief; and (iii) any other reason YOU did not use the feature.

INTERROGATORY NO. 15:

DESCRIBE any work that YOU performed for AMA before YOUR official clock-in time (i.e., before punching in on the TIMETRACK PRO system) during YOUR Employment Period. For each type of pre-shift work, state: (a) the nature of the work performed, including a detailed description of the specific tasks or activities (e.g., setting up editing workstations, logging into editing software such as Avid Media Composer or Adobe Premiere Pro, powering up equipment, reviewing daily assignments, organizing media files, ingesting footage, or any other task); (b) the approximate amount of time spent on such pre-shift work per shift, stated in minutes; (c) the frequency with which such pre-shift work occurred (e.g., daily, several times per week, occasionally, or rarely); (d) whether any SUPERVISOR or other PERSON at AMA directed, required, expected, or encouraged YOU to perform such work before clocking in, and if so, IDENTIFY the PERSON and DESCRIBE what was said or done; (e) whether YOU were compensated for any such pre-shift work, and if not, whether YOU requested compensation; and (f) the approximate total amount of uncompensated pre-shift time over the course of YOUR Employment Period, to the extent YOU are able to estimate.

INTERROGATORY NO. 16:

DESCRIBE any work that YOU performed for AMA after YOUR official clock-out time (i.e., after punching out on the TIMETRACK PRO system) during YOUR Employment Period. For each type of post-shift work, state: (a) the nature of the work performed, including a detailed description of the specific tasks or activities (e.g., rendering edits, backing up project files, shutting down editing systems, responding to emails or messages from SUPERVISORS, uploading or transferring media files, reviewing notes or feedback, or any other task); (b) the approximate amount of time spent on such post-shift work per shift, stated in minutes; (c) the frequency with which such post-shift work occurred; (d) whether any SUPERVISOR or other PERSON at AMA directed, required, expected, or encouraged YOU to perform such work after clocking out, and if so, IDENTIFY the PERSON and DESCRIBE what was said or done; and (e) whether YOU were compensated for any such post-shift work, and if not, whether YOU requested compensation.

INTERROGATORY NO. 17:

DESCRIBE YOUR typical practice for clocking in and clocking out on the TIMETRACK PRO system during YOUR Employment Period. State: (a) the location of the time clock terminal(s) at the HOLLYWOOD FACILITY relative to YOUR primary workstation, including the approximate distance and time required to walk between the terminal(s) and YOUR workstation; (b) whether YOU typically clocked in at the beginning of YOUR shift and clocked out at the end of YOUR shift; (c) whether there were instances in which YOU did not clock in at the beginning of YOUR shift or did not clock out at the end of YOUR shift, and if so, the frequency of such instances and the reason(s) for not clocking in or out; (d) whether any SUPERVISOR or other PERSON at AMA ever instructed YOU regarding when to clock in or clock out, and if so, IDENTIFY the PERSON and DESCRIBE what was said; (e) whether YOU ever experienced any technical difficulties with the TIMETRACK PRO system, and if so, DESCRIBE the nature of the difficulty and how it was resolved; and (f) whether any SUPERVISOR or other PERSON at AMA ever modified or adjusted YOUR timesheet entries, and if so, IDENTIFY the PERSON, the date(s), and the nature of the modification.

INTERROGATORY NO. 18:

State whether YOU received any meal period premium payments (i.e., one additional hour of pay at YOUR regular rate of compensation as required by California Labor Code section 226.7) during YOUR Employment Period. If YOU received any such premium payments, state: (a) the approximate number of meal period premium payments YOU received during YOUR Employment Period; (b) the pay period(s) in which such payments were made, including the approximate dates; (c) how the payments appeared on YOUR wage statements (i.e., the line item description, if any); and (d) whether the premium payments corresponded to instances in which YOU used the MISSED MEAL ATTESTATION feature, or whether they were generated by some other process. If YOU did not receive any meal period premium payments during YOUR Employment Period, so state.

INTERROGATORY NO. 19:

State whether YOU received any rest period premium payments (i.e., one additional hour of pay at YOUR regular rate of compensation as required by California Labor Code section 226.7) during YOUR Employment Period. If YOU received any such premium payments, state: (a) the approximate number of rest period premium payments YOU received during YOUR Employment Period; (b) the pay period(s) in which such payments were made, including the approximate dates; (c) how the payments appeared on YOUR wage statements; and (d) the circumstances that gave rise to the payment. If YOU did not receive any rest period premium payments during YOUR Employment Period, so state.

INTERROGATORY NO. 20:

State whether YOU reviewed YOUR wage statements (i.e., pay stubs or itemized statements of earnings and deductions) during YOUR Employment Period. If YOU reviewed YOUR wage statements, state: (a) the frequency with which YOU reviewed them (e.g., every pay period, occasionally, rarely); (b) whether YOU identified any inaccuracies, errors, or omissions in YOUR wage statements during YOUR Employment Period, including but not limited to inaccuracies in total hours worked, regular rate of pay, overtime hours, overtime compensation, meal period premiums, rest period premiums, deductions, or any other item; and (c) for each inaccuracy identified, state the date of the wage statement, the nature of the inaccuracy, and whether YOU brought the inaccuracy to the attention of any SUPERVISOR, payroll representative, or human resources representative, and if so, IDENTIFY the PERSON and DESCRIBE any response or corrective action taken.

INTERROGATORY NO. 21:

State whether YOU ever complained, verbally or in writing, to any SUPERVISOR, manager, human resources representative, payroll representative, or other PERSON at AMA about any of the following: (a) missed, shortened, or late MEAL PERIODS; (b) missed or denied REST PERIODS; (c) OFF-THE-CLOCK WORK; (d) inaccurate or incomplete wage statements; (e) failure to pay overtime wages; (f) the automatic meal period deduction in the TIMETRACK PRO system; (g) the MISSED MEAL ATTESTATION feature; or (h) any other wage-and-hour issue. For each complaint, whether formal or informal, state: (i) the date of the complaint; (ii) the PERSON(s) to whom the complaint was made, including the PERSON's name and job title; (iii) the substance of the complaint in detail; (iv) the method by which the complaint was communicated (e.g., verbal conversation, email, written memorandum, complaint form, anonymous hotline); (v) any response, action, or follow-up taken by AMA in response to the complaint; and (vi) any retaliation or negative consequences YOU experienced, or believe YOU experienced, as a result of making the complaint.

INTERROGATORY NO. 22:

State whether YOU received a copy of any of the following documents during YOUR Employment Period: (a) AMA's Employee Handbook (any version, including the version most recently revised in March 2021); (b) AMA's Meal and Rest Break Policy; (c) AMA's Timekeeping Policy; (d) AMA's Overtime Policy; (e) any other written policy relating to wages, hours, meal periods, rest periods, or timekeeping. For each document received, state: (i) the date on which YOU received the document; (ii) the method of delivery (e.g., hard copy, email, posted on intranet); (iii) whether YOU read the document in whole or in part; (iv) whether YOU signed an acknowledgment of receipt, and if so, the date of the acknowledgment; and (v) YOUR understanding of the document's contents as they related to YOUR meal and rest period rights and YOUR obligations regarding the TIMETRACK PRO system.

INTERROGATORY NO. 23:

State whether YOU received any training from AMA, at any time during YOUR Employment Period, regarding any of the following topics: (a) YOUR rights to meal and rest periods under California law; (b) AMA's meal and rest period policies and procedures; (c) the operation and proper use of the TIMETRACK PRO timekeeping system, including how to clock in, clock out, and record YOUR hours; or (d) the MISSED MEAL ATTESTATION feature, including how to use the feature and when to use it. For each training received, state: (i) the date of the training; (ii) the identity of the trainer, presenter, or facilitator (including name and job title); (iii) the format of the training (e.g., in-person classroom session, one-on-one instruction, online or computer-based training module, written materials, video presentation); (iv) the approximate duration of the training; (v) the substance and content of the training; and (vi) whether YOU were required to sign an attendance sheet or acknowledgment, and if so, whether YOU did so. If YOU did not receive any training on any of the foregoing topics, so state.

INTERROGATORY NO. 24:

DESCRIBE any conversations, instructions, directives, expectations, or cultural norms at AMA generally, at the HOLLYWOOD FACILITY specifically, or within any SHOW UNIT to which YOU were assigned regarding whether employees were expected, encouraged, or permitted to work through MEAL PERIODS or REST PERIODS. In YOUR response, IDENTIFY any SUPERVISOR or other PERSON who communicated, expressed, or embodied such expectations or norms, and DESCRIBE in detail what was said, done, or communicated, including: (a) the date(s) or approximate time period(s) of the communication; (b) the identity of the PERSON; (c) the substance of the communication; (d) the context or circumstances of the communication; and (e) whether YOU understood the communication to mean that YOU were required, expected, or pressured to work through YOUR MEAL PERIODS or REST PERIODS. Additionally, state whether YOU observed other non-exempt employees at the HOLLYWOOD FACILITY working through MEAL PERIODS or REST PERIODS, and if so, state the approximate frequency with which YOU observed this conduct and whether YOU believe this was a widespread practice.

INTERROGATORY NO. 25:

State the date and circumstances of YOUR separation from AMA. In YOUR response, state: (a) the date of YOUR separation; (b) whether YOUR separation was a voluntary resignation, an involuntary termination, a layoff, or some other form of separation; (c) if YOUR separation was involuntary, the reason(s) given by AMA for YOUR termination, and the identity of the PERSON(s) who communicated the reason(s) to YOU; (d) if YOUR separation was voluntary, the reason(s) for YOUR decision to resign; (e) whether YOU provided written notice of YOUR resignation, and if so, the date and content of the notice; (f) whether YOU received all wages owed to YOU at the time of YOUR separation, including regular wages, overtime wages, accrued and unused vacation time, and any meal or rest period premiums; (g) the date on which YOU received YOUR final paycheck; and (h) whether YOU received a written notice of YOUR rights under the Consolidated Omnibus Budget Reconciliation Act ("COBRA") or California's continuation coverage provisions.

INTERROGATORY NO. 26:

If YOU contend that AMA failed to pay all wages owed to YOU at the time of YOUR separation from employment, IDENTIFY each category of wages allegedly owed, including: (a) the specific type of wages (e.g., unpaid regular wages, unpaid overtime, unpaid meal period premiums, unpaid rest period premiums, accrued vacation pay); (b) the amount of each category of wages YOU contend was owed but unpaid; (c) the factual basis for YOUR contention that such wages were owed; and (d) the method by which YOU calculated the amount of each category of wages. Additionally, state whether YOU have calculated waiting time penalties under California Labor Code sections 201 through 203, and if so, state: (i) the amount of waiting time penalties claimed; (ii) YOUR daily rate of pay used in the calculation; and (iii) the number of penalty days claimed.

INTERROGATORY NO. 27:

State YOUR contention regarding the total amount of individual damages YOU have suffered as a result of the alleged violations set forth in the operative complaint. For each category of damages YOU claim, including but not limited to: (a) unpaid meal period premium wages; (b) unpaid rest period premium wages; (c) unpaid overtime wages; (d) unpaid minimum wages; (e) unreimbursed business expenses; (f) wage statement penalties under California Labor Code section 226; (g) waiting time penalties under California Labor Code sections 201 through 203; and (h) any other category of damages, state: (i) the total amount of damages claimed in that category; (ii) the method of calculation YOU used to arrive at that amount, including the specific formula, assumptions, and inputs; and (iii) the specific facts and evidence supporting the calculation. This interrogatory requests YOUR own individual damages calculation based on information presently known to YOU and does not require reference to any expert report that has not yet been prepared; however, YOU must state YOUR own contention and the basis therefor.

INTERROGATORY NO. 28:

DESCRIBE the factual and legal basis for YOUR contention that YOUR claims are typical of the claims of the members of the putative class, as required for class certification under California Code of Civil Procedure section 382. In YOUR response: (a) IDENTIFY the specific policies, practices, or conduct of AMA that YOU contend affected all putative class members in a uniform or substantially similar manner; (b) DESCRIBE any ways in which YOUR individual employment experience at AMA — including YOUR specific FACILITY assignment, SHOW UNIT assignment(s), job position, work schedule, SUPERVISOR(s), and the nature of YOUR post-production work — differed from the experiences of other putative class members who worked in different positions, at different FACILITIES, or on different SHOW UNITS, to the extent known to YOU; (c) state whether YOU are aware of any putative class member whose meal period, rest period, or timekeeping experience was materially different from YOUR own, and if so, IDENTIFY that person and DESCRIBE the difference; and (d) state whether YOU believe that the MISSED MEAL ATTESTATION feature was available, operational, and utilized at all FACILITIES, and if not, which FACILITIES lacked the feature or where the feature was not operational.

INTERROGATORY NO. 29:

State whether YOU have personal knowledge of the meal period, rest period, timekeeping, or compensation experiences of any other current or former non-exempt AMA employees during the Class Period. If so, IDENTIFY each such employee and DESCRIBE in detail: (a) the information YOU have regarding that employee's experience with meal periods, rest periods, timekeeping, or compensation at AMA; (b) the FACILITY and SHOW UNIT at which the employee worked, to the extent known to YOU; (c) the source of YOUR information (e.g., personal observation, direct conversation, secondhand report, social media, or any other source); (d) the date(s) on which YOU obtained the information; and (e) whether the employee's experience was similar to or different from YOUR own, and in what respects.

INTERROGATORY NO. 30:

State the date on which YOU first communicated with any attorney, law firm, legal representative, or agent of Castellano Byrne & Salas LLP, Veltrano Employment Law Group PC, or any other attorney or law firm regarding potential legal claims against AMA. DESCRIBE the circumstances of that initial communication, including: (a) the date of the communication; (b) the identity of the attorney or representative with whom YOU communicated; (c) the method of communication (e.g., in-person meeting, telephone call, email, response to an advertisement, referral from another person); (d) whether YOU initiated the communication or were solicited or contacted first by the attorney, law firm, or any representative thereof; (e) if YOU were solicited or contacted first, DESCRIBE how and by whom YOU were contacted, including the medium of the solicitation (e.g., online advertisement, social media advertisement, direct mail, referral from a friend or coworker); and (f) IDENTIFY any PERSON who referred YOU to the attorney or law firm.

INTERROGATORY NO. 31:

State whether YOU have communicated with Marisol Fuentes, Yesenia Padilla, or any other current or former AMA employee regarding potential claims against AMA, this lawsuit, the claims or defenses in this lawsuit, working conditions at AMA, or any subject matter related to this litigation. For each such communication, state: (a) the identity of the PERSON with whom YOU communicated; (b) the date(s) of the communication; (c) the method of the communication (e.g., in person, telephone, text message, email, social media direct message, Meridian Solutions, or other medium); (d) the substance of the communication; and (e) whether any attorney was present for or participated in the communication, and if so, IDENTIFY the attorney. This interrogatory does not seek disclosure of communications protected by the attorney-client privilege; however, if YOU withhold any responsive information on the basis of privilege, YOU must provide a privilege log identifying the date, participants, and general subject matter of each withheld communication, as required by the instructions above.

INTERROGATORY NO. 32:

State whether YOU have been employed at any time since YOUR separation from AMA on November 30, 2022. If YOU have been employed, IDENTIFY each employer since YOUR separation from AMA, including: (a) the employer's name and address; (b) YOUR job title or position; (c) the dates of YOUR employment; (d) YOUR rate of pay (hourly, salary, or other compensation structure); and (e) whether the position was full-time or part-time. If YOU have not been employed since YOUR separation from AMA, or if there have been periods of unemployment between positions, DESCRIBE in detail YOUR efforts to seek employment during each period of unemployment, including: (i) the types of positions YOU sought; (ii) the methods YOU used to search for employment (e.g., online job boards, networking, staffing agencies); (iii) the identity of each employer to which YOU applied; (iv) the date(s) of each application; and (v) the outcome of each application (e.g., no response, interview, offer, rejection).

INTERROGATORY NO. 33:

State whether YOU incurred any business-related expenses during YOUR Employment Period for which YOU were not fully reimbursed by AMA. If so, IDENTIFY each unreimbursed expense, including: (a) the date the expense was incurred; (b) the nature of the expense (e.g., personal cell phone used for work purposes, mileage for work-related travel, parking, equipment, supplies, software, or any other expense); (c) the amount of the expense; (d) whether the expense was necessary in the discharge of YOUR duties for AMA; (e) whether YOU submitted a reimbursement request to AMA, and if so, the date of the request, the PERSON to whom it was submitted, and AMA's response; and (f) if YOU did not submit a reimbursement request, the reason YOU did not.

INTERROGATORY NO. 34:

State whether YOU have ever been a party to, a named plaintiff or defendant in, a class member in, a claimant in, or a witness in any lawsuit, arbitration, administrative proceeding, workers' compensation claim, or any other legal or quasi-legal proceeding, including proceedings before the Division of Labor Standards Enforcement ("DLSE"), the Equal Employment Opportunity Commission ("EEOC"), the California Department of Fair Employment and Housing ("DFEH"), or any other governmental agency. If so, IDENTIFY each such proceeding, including: (a) the caption or case name; (b) the case number or claim number; (c) the court, tribunal, or agency before which the proceeding was brought; (d) the date the proceeding was filed or initiated; (e) YOUR role in the proceeding (e.g., plaintiff, defendant, claimant, respondent, witness, class member); (f) the general nature of the claims or issues involved; (g) the current status of the proceeding (e.g., pending, settled, dismissed, judgment entered); and (h) if resolved, the manner and terms of the resolution, to the extent not subject to a confidentiality agreement.

INTERROGATORY NO. 35:

IDENTIFY each DOCUMENT currently in YOUR possession, custody, or control that supports, relates to, or is relevant to any of YOUR claims in this action. This includes, without limitation: (a) personal calendars, planners, or scheduling applications reflecting YOUR work hours, shifts, or assignments; (b) diaries, journals, or personal notes relating to YOUR employment at AMA; (c) text messages, emails, Meridian Solutions messages, or other electronic communications relating to YOUR work schedule, meal periods, rest periods, or compensation; (d) photographs, screenshots, or screen recordings relating to the TIMETRACK PRO system, wage statements, or working conditions; (e) copies of wage statements (pay stubs) or earnings summaries; (f) copies of YOUR employment agreement, offer letter, or other employment-related documents; (g) copies of AMA's Employee Handbook, Meal and Rest Break Policy, or other company policies; (h) personal records or notes reflecting hours worked, breaks taken, or breaks missed; and (i) any other documents, records, or tangible items that YOU contend support YOUR claims. For each DOCUMENT identified, state the type of document, its date, the author or creator, and its current location or custodian.

VERIFICATION

I, Derek Halloran, am the responding party to the foregoing interrogatories. I have read each of the foregoing interrogatories and the responses thereto. I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct to the best of my knowledge, information, and belief. I further declare that I have made a reasonable and diligent search of all sources of information known and available to me in preparing these responses.

Executed on ___, 2023, at _____, California.

________________________________________

Derek Halloran

Dated: February 24, 2023

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer (SBN 301462) 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, Jessica R. Thornton, declare as follows:

I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and 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 DEREK HALLORAN (NOS. 1–35)

on the interested parties in this action by the following means:

BY ELECTRONIC SERVICE: By transmitting via email to the email addresses set forth below pursuant to California Code of Civil Procedure section 1010.6 and California Rules of Court, rule 2.251. The transmission was reported as complete and without error.

BY U.S. MAIL: By placing true and correct copies thereof enclosed in sealed envelopes with postage thereon fully prepaid, in the United States mail at Los Angeles, California, addressed as set forth below. I am readily familiar with the firm's practice of collection and processing of correspondence for mailing. Under that practice, correspondence would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business.

The documents were served on the following persons:

Marco Castellano, Esq. Diane Salas, Esq. Trevor Kim, Esq. CASTELLANO BYRNE & SALAS LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025 Telephone: (310) 555-4800

Email: mcastellano@inlawlaw.com

Email: dsalas@inlawlaw.com

Email: tkim@inlawlaw.com

Attorneys for Plaintiffs Marisol Fuentes, Derek Halloran, and Yesenia Padilla

Sandra Higuera, Esq. VELTRANO EMPLOYMENT LAW GROUP PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071 Telephone: (213) 555-3300

Email: shiguera@ridgemontlaw.com