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 YESENIA PADILLA

(Nos. 1–35)

TO PLAINTIFF YESENIA PADILLA AND HER ATTORNEYS OF RECORD, CASTELLANO BYRNE & SALAS LLP AND VELTRANO EMPLOYMENT LAW GROUP PC:

Defendant Aurelius Media Americas Inc. ("AMA"), by and through its attorneys of record, Calderwood & Harkness LLP, hereby propounds its First Set of Special Interrogatories (Nos. 1 through 35) upon Plaintiff Yesenia Padilla. Plaintiff is required to respond to these interrogatories in writing, under oath, within thirty (30) days of service hereof, in accordance with the California Code of Civil Procedure ("CCP") §§ 2030.210 through 2030.310.

PRELIMINARY INSTRUCTIONS

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

1. Each interrogatory must be answered separately and fully in writing and under oath, in accordance with CCP § 2030.210. Responses are due within thirty (30) days of service of these interrogatories, as provided by CCP § 2030.260.

2. Each interrogatory shall be answered to the fullest extent possible. If an interrogatory cannot be answered completely, it shall be answered to the extent possible, and the responding party shall state the reasons for her inability to answer the remainder. An interrogatory is not objectionable merely because it calls for an opinion, a contention, or the application of law to fact. See CCP § 2030.010(b).

3. If the responding party objects to any interrogatory, the specific grounds for such objection shall be clearly stated in accordance with CCP § 2030.240. If the objection applies to only part of the interrogatory, the responding party shall answer the non-objectionable portion of the interrogatory and clearly identify the specific part to which the objection is directed.

4. Pursuant to CCP § 2030.310, the responding party is under a continuing obligation to supplement, amend, or correct any response if the responding party subsequently obtains information rendering a prior response incomplete or incorrect. This continuing duty applies from the date of service of these interrogatories through and including the trial date in this matter.

5. In responding to these interrogatories, the responding party shall identify all persons who assisted in the preparation of the responses, including but not limited to attorneys, paralegals, consultants, and any other individuals who provided information or reviewed drafts of the responses.

6. If the responding party contends that any document or information responsive to an interrogatory is protected by the attorney-client privilege, the work product doctrine, or any other applicable privilege, the responding party shall provide a privilege log identifying each such document or item of information with sufficient specificity to permit assessment of the claimed privilege, including: (a) the date of the document or communication; (b) the author or sender; (c) all recipients; (d) the general subject matter; and (e) the specific privilege claimed.

7. Where an interrogatory asks the responding party to "state all facts" or "describe" certain events or circumstances, the responding party shall provide a complete and detailed narrative of the facts, circumstances, and events known to the responding party, including the identities of all persons with knowledge of the facts described and any documents that reflect, memorialize, or are relevant to such facts.

8. Unless otherwise specified, the time period covered by these interrogatories is the entirety of the responding party's employment with AMA and the period through the present date.

DEFINITIONS

As used in these interrogatories, the following terms shall have the meanings set forth below. These definitions are intended to supplement, not replace, any definitions provided by applicable statute or rule.

"YOU," "YOUR," or "PADILLA" shall mean Plaintiff Yesenia Padilla, individually and in her capacity as a named plaintiff and putative class representative in this action.

"AMA" or "THE COMPANY" shall mean Defendant Aurelius Media Americas Inc., including but not limited to its past and present officers, directors, employees, agents, representatives, consultants, contractors, subsidiaries, affiliates, predecessors, successors, and assigns.

"DOCUMENT(S)" shall have the broadest meaning permitted under CCP § 2016.020 and shall include, without limitation, all writings, drawings, graphs, charts, photographs, audio recordings, video recordings, and other data compilations from which information can be obtained. This definition is inclusive of all electronically stored information ("ESI"), including but not limited to emails, text messages, instant messages, social media posts, Meridian Solutions messages, Northgate Data Systems messages, spreadsheets, databases, and metadata associated with any of the foregoing.

"COMMUNICATION(S)" shall mean any oral, written, or electronic transmission or exchange of information between two or more persons, including but not limited to face-to-face conversations, telephone calls, voicemails, letters, memoranda, emails, text messages (including SMS and Westmark Software), Meridian Solutions messages, Northgate Data Systems messages, social media direct messages, video calls, and any other method of conveying information.

"PERSON(S)" shall mean any natural person, firm, corporation, partnership, limited liability company, association, joint venture, governmental entity, or any other legal or business entity.

"IDENTIFY" (with respect to a person) shall mean to state the person's: (a) full legal name; (b) last known residential or business address; (c) last known telephone number; (d) job title or position held during the relevant time period; and (e) employer at the time of the relevant events and current employer, if different.

"IDENTIFY" (with respect to a document) shall mean to state the document's: (a) title or subject line; (b) date of creation or transmission; (c) author or sender; (d) recipient(s) or addressee(s); (e) general subject matter; (f) number of pages or approximate length; and (g) present location or custodian.

"DESCRIBE" shall mean to provide a detailed narrative of the relevant facts, circumstances, events, and the identities of all persons with knowledge thereof.

"CLASS PERIOD" shall mean November 1, 2018 through the present, as alleged in the operative complaint.

"MEAL PERIOD" shall mean any meal period required to be provided under California Labor Code sections 226.7 and 512 and the applicable provisions of Industrial Welfare Commission ("IWC") Wage Order No. 12-2001 (Motion Picture Industry), including but not limited to first meal periods (for shifts exceeding five hours) and second meal periods (for shifts exceeding ten hours).

"REST PERIOD" shall mean any rest period required to be authorized and permitted under California Labor Code section 226.7 and the applicable provisions of IWC Wage Order No. 12-2001, including but not limited to net ten-minute paid rest periods for every four hours worked or major fraction thereof.

"TIMETRACK PRO" shall mean the NovaPay Solutions "TimeTrack Pro" electronic timekeeping system used by AMA at its California production facilities during the Class Period for the purpose of recording employee work hours, including clock-in times, clock-out times, meal period start and end times, and related timekeeping data.

"MISSED MEAL ATTESTATION" shall mean the feature within the TimeTrack Pro system that was designed to allow employees to electronically report or attest to a missed, late, or shortened meal period, and to trigger a meal period premium payment upon submission of such an attestation.

"BURBANK FACILITY" shall mean AMA's production facility located at 3800 West Alameda Avenue, Burbank, California 91505, also referred to internally by AMA as "Facility 4."

"LIVE EVENTS DIVISION" shall mean AMA's Live Events Division, which during the Class Period coordinated and produced live events productions, including but not limited to concerts, award shows, live broadcasts, and similar live entertainment productions, primarily from the Burbank Facility.

SPECIAL INTERROGATORIES

Employment Background. SPECIAL INTERROGATORY NO. 1:

State YOUR complete employment history with AMA, including: (a) YOUR date of hire; (b) YOUR date of separation and the circumstances of YOUR separation (e.g., voluntary resignation, termination, layoff); (c) all job titles YOU held during YOUR employment and the specific dates during which YOU held each title; (d) all AMA facilities at which YOU worked during YOUR employment and the specific dates during which YOU worked at each facility; (e) all show units, production teams, or projects to which YOU were assigned during YOUR employment and the specific dates of each assignment; and (f) the name and job title of each supervisor to whom YOU directly reported during YOUR employment and the specific dates during which each such person served as YOUR supervisor.

SPECIAL INTERROGATORY NO. 2:

State YOUR hourly rate of pay at each point during YOUR employment with AMA, including: (a) YOUR starting hourly rate; (b) the effective date of each subsequent rate change; (c) the new hourly rate following each change; and (d) the reason for each rate change (e.g., annual merit increase, promotion, cost-of-living adjustment, reclassification).

SPECIAL INTERROGATORY NO. 3:

Describe in detail YOUR job duties and responsibilities in each position YOU held at AMA during YOUR employment, including: (a) a detailed description of YOUR daily work tasks; (b) the division, department, or group in which YOU performed these duties; (c) the types of productions or events on which YOU worked; (d) whether YOUR duties differed between live event production days and non-event days, and if so, how; (e) the typical number of employees on YOUR production team or show unit; and (f) whether YOU exercised any supervisory authority over other employees, and if so, identify those employees and describe the nature of YOUR supervisory role.

SPECIAL INTERROGATORY NO. 4:

IDENTIFY all show units within the Live Events Division to which YOU were assigned during YOUR employment with AMA, and for each show unit, state: (a) the name of the show, event, or production; (b) the specific dates of YOUR assignment to that show unit; (c) the typical shift length for that show unit, including any differences between event days and non-event days; (d) whether the production was studio-based, field-based, or a live event; (e) the name and title of the Unit Production Manager or Line Producer responsible for scheduling on that show unit; and (f) the approximate number of non-exempt, hourly employees who worked on that show unit during YOUR assignment.

SPECIAL INTERROGATORY NO. 5:

State whether YOU were classified as a non-exempt, hourly employee during the entirety of YOUR employment with AMA. If YOUR classification changed at any point during YOUR employment, describe the change, including: (a) the dates of the change; (b) YOUR classification before and after the change; (c) the reason for the change; (d) whether YOU received any written notification of the change; and (e) whether YOUR job duties changed in connection with the reclassification, and if so, how.

Meal Period Claims

SPECIAL INTERROGATORY NO. 6:

For each shift during YOUR employment with AMA on which YOU contend YOU were denied a compliant first meal period, state: (a) the date of the shift; (b) the show unit, event, or production on which YOU were working; (c) the facility or location at which YOU were working; (d) the approximate start and end times of the shift; (e) whether YOU received any meal break at all during the shift; (f) if YOU received a meal break, the approximate start and end times and total duration of the break and whether YOU were relieved of all duties and free to leave the premises during the break; (g) if YOU did not receive a meal break, the reason or reasons why YOU did not receive one; (h) the name and title of YOUR supervisor on that shift; and (i) whether YOU reported the missed or shortened meal period to anyone at AMA, and if so, identify the person to whom YOU reported and describe the response YOU received.

SPECIAL INTERROGATORY NO. 7:

For each shift during YOUR employment with AMA on which YOU contend YOU were denied a compliant second meal period—i.e., a second meal period required for shifts exceeding ten (10) hours—provide the same information requested in Special Interrogatory No. 6 with respect to the second meal period.

SPECIAL INTERROGATORY NO. 8:

Describe in detail the circumstances under which YOU typically took meal periods while working in the Live Events Division, including: (a) who determined when meal periods would be taken during YOUR shifts; (b) how YOU were notified of meal period timing, including whether meal period times were communicated verbally, posted, or included in daily call sheets or production schedules; (c) whether meal periods were included in daily call sheets, production schedules, or other written scheduling documents, and if so, IDENTIFY those documents; (d) where YOU typically ate during meal periods; (e) whether YOU were relieved of all duties and free to leave the premises during meal periods; (f) how meal periods during live event productions (such as concerts and award shows) differed, if at all, from meal periods on non-event days, rehearsal days, or pre-production days; (g) whether any AMA policy, practice, or supervisor directive discouraged or impeded YOUR ability to take a timely meal period; and (h) the typical length of YOUR meal periods.

SPECIAL INTERROGATORY NO. 9:

State whether YOU ever signed, acknowledged, or otherwise agreed to an on-duty meal period agreement with AMA as permitted under the applicable provisions of IWC Wage Order No. 12-2001 (Motion Picture Industry). If so: (a) IDENTIFY the agreement, including its date and the names of any AMA representatives who presented it to YOU; (b) state the dates during which the on-duty meal period agreement was in effect; (c) describe the circumstances under which YOU signed or agreed to the on-duty meal period agreement; (d) state whether YOU were advised of YOUR right to revoke the agreement, and if so, when and by whom; and (e) state whether YOU ever revoked the agreement, and if so, the date and circumstances of the revocation.

SPECIAL INTERROGATORY NO. 10:

State whether YOU were aware of the TimeTrack Pro "Missed Meal Attestation" feature during YOUR employment with AMA. If so, state: (a) how and when YOU first became aware of the Missed Meal Attestation feature, including whether YOU learned about it through training, a written policy, a supervisor, a coworker, or another source; (b) whether YOU ever used or attempted to use the Missed Meal Attestation feature during YOUR employment; (c) if YOU used the Missed Meal Attestation feature, the approximate dates and circumstances of each use, including whether a meal period premium payment was issued in response; (d) if YOU did not use the Missed Meal Attestation feature, explain in detail the reasons why YOU did not use it; and (e) if YOU contend that the Missed Meal Attestation feature was not available or not activated at the Burbank Facility, state all facts supporting that contention, including any persons with knowledge and any documents that support YOUR contention.

SPECIAL INTERROGATORY NO. 11:

State whether YOU ever reported a missed, late, or shortened meal period to any AMA supervisor, manager, human resources representative, or other AMA employee. If so, for each such report, state: (a) the date of the report; (b) the identity of the person or persons to whom YOU reported (including name, title, and department); (c) the method of the report (e.g., in person, by phone, by email, via TimeTrack Pro, or by other means); (d) the substance of YOUR report, described in detail; and (e) the response YOU received from the person or persons to whom YOU reported, described in detail.

SPECIAL INTERROGATORY NO. 12:

State whether YOU ever received a meal period premium payment—i.e., one additional hour of pay at YOUR regular rate of compensation—from AMA for a missed, late, or shortened meal period. If so, state: (a) the approximate dates on which YOU received such premium payment; (b) the total number of times YOU received such payment during YOUR employment; (c) the circumstances giving rise to each such payment, including whether the payment was automatic, issued in response to a Missed Meal Attestation, or issued in response to a complaint or request; and (d) whether YOU reviewed YOUR wage statements to verify that meal period premium payments were correctly reflected.

SPECIAL INTERROGATORY NO. 13:

Describe in detail how the automatic meal period deduction feature in the TimeTrack Pro system affected YOUR pay during YOUR employment with AMA, including: (a) YOUR understanding of how the automatic meal period deduction functioned (e.g., the amount of time automatically deducted and the conditions that triggered the deduction); (b) whether YOU contend that the automatic deduction resulted in underpayment of wages on specific occasions, and if so, IDENTIFY each such occasion by date, shift, and the amount of underpayment; (c) whether YOU ever brought the automatic meal period deduction to the attention of any AMA supervisor, manager, or human resources representative, and if so, describe the substance of that communication and the response YOU received; and (d) all facts and evidence supporting YOUR contention that the automatic meal period deduction caused YOU financial harm.

SPECIAL INTERROGATORY NO. 14:

State whether YOU are aware of any other AMA employees in the Live Events Division or at the Burbank Facility who experienced missed, late, or shortened meal periods during the Class Period. If so: (a) IDENTIFY each such employee; (b) describe the circumstances of the missed, late, or shortened meal period of which YOU are aware; (c) state how YOU became aware of the circumstances described; (d) state whether the employee reported the missed or shortened meal period to anyone at AMA, and if so, identify the person to whom it was reported and describe the response; and (e) state whether the employee is a putative class member in this action.

Rest Period Claims

SPECIAL INTERROGATORY NO. 15:

For each shift during YOUR employment with AMA on which YOU contend YOU were denied a compliant rest period—i.e., a net ten (10) minute paid rest period for every four (4) hours worked or major fraction thereof—state: (a) the date of the shift; (b) the show unit, event, or production on which YOU were working; (c) the facility or location at which YOU were working; (d) the approximate start and end times of the shift; (e) the total number of rest periods to which YOU were entitled on that shift based on the length of the shift; (f) the number of rest periods YOU actually received; (g) if YOU received any rest period(s), the approximate duration and whether YOU were relieved of all duties during the rest period; (h) the name and title of YOUR supervisor on that shift; and (i) whether YOU reported the missed or denied rest period to anyone at AMA, and if so, identify the person to whom YOU reported and describe the response YOU received.

SPECIAL INTERROGATORY NO. 16:

Describe in detail the circumstances under which YOU typically took rest periods while working in the Live Events Division, including: (a) whether rest periods were authorized and permitted by YOUR supervisors; (b) whether YOU were advised of YOUR right to take rest periods, and if so, by whom and how (e.g., during onboarding, in a written policy, or verbally); (c) how rest periods during live event productions (such as concerts and award shows) differed, if at all, from rest periods on non-event days, rehearsal days, or pre-production days; (d) whether YOU were able to take rest periods during extended production days involving shifts exceeding ten (10) hours; (e) whether YOU received a third rest period on shifts exceeding ten (10) hours, as required under applicable wage orders; (f) whether any AMA policy, practice, or supervisor directive discouraged or impeded YOUR ability to take a timely rest period; and (g) whether YOU are aware of any informal understanding, custom, or culture within the Live Events Division regarding rest periods during live productions, and if so, describe that understanding, custom, or culture in detail.

SPECIAL INTERROGATORY NO. 17:

State whether YOU ever reported a missed or denied rest period to any AMA supervisor, manager, human resources representative, or other AMA employee. If so, for each such report, state: (a) the date of the report; (b) the identity of the person or persons to whom YOU reported (including name, title, and department); (c) the method of the report (e.g., in person, by phone, by email, or by other means); (d) the substance of YOUR report, described in detail; and (e) the response YOU received from the person or persons to whom YOU reported, described in detail.

SPECIAL INTERROGATORY NO. 18:

State whether YOU ever received a rest period premium payment—i.e., one additional hour of pay at YOUR regular rate of compensation—from AMA for a missed or denied rest period. If so, state: (a) the approximate dates on which YOU received such premium payment; (b) the total number of times YOU received such payment during YOUR employment; (c) the circumstances giving rise to each such payment; and (d) whether YOU reviewed YOUR wage statements to verify that rest period premium payments were correctly reflected.

SPECIAL INTERROGATORY NO. 19:

State whether YOU are aware of any other AMA employees in the Live Events Division or at the Burbank Facility who experienced missed or denied rest periods during the Class Period. If so: (a) IDENTIFY each such employee; (b) describe the circumstances of the missed or denied rest period of which YOU are aware; (c) state how YOU became aware of the circumstances described; (d) state whether the employee reported the missed or denied rest period to anyone at AMA, and if so, identify the person to whom it was reported and describe the response; and (e) state whether the employee is a putative class member in this action.

Off-the-Clock Work Claims

SPECIAL INTERROGATORY NO. 20:

Describe in detail all work YOU contend YOU performed before YOUR official shift start time—i.e., before clocking in on the TimeTrack Pro system—during YOUR employment with AMA, including: (a) the types of tasks YOU performed before clocking in; (b) the approximate amount of time YOU spent on such tasks per shift; (c) the frequency with which such pre-shift work occurred (e.g., daily, weekly, or only on certain types of production days); (d) whether YOU were directed, instructed, or expected by a supervisor or manager to perform such tasks before clocking in, and if so, identify each such supervisor or manager; (e) the names and titles of any supervisors or managers who directed, instructed, or expected YOU to perform pre-shift work; (f) whether YOU ever asked to clock in before performing such tasks, and if so, describe the response YOU received; and (g) whether the pre-shift work YOU describe occurred at the Burbank Facility, at off-site event locations, or at other locations.

SPECIAL INTERROGATORY NO. 21:

Describe in detail all work YOU contend YOU performed after YOUR official shift end time—i.e., after clocking out on the TimeTrack Pro system—during YOUR employment with AMA, including: (a) the types of tasks YOU performed after clocking out; (b) the approximate amount of time YOU spent on such tasks per shift; (c) the frequency with which such post-shift work occurred (e.g., daily, weekly, or only on certain types of production days); (d) whether YOU were directed, instructed, or expected by a supervisor or manager to perform such tasks after clocking out, and if so, identify each such supervisor or manager; (e) the names and titles of any supervisors or managers who directed, instructed, or expected YOU to perform post-shift work; (f) whether YOU ever asked to remain clocked in while performing such tasks, and if so, describe the response YOU received; and (g) whether the post-shift work YOU describe occurred at the Burbank Facility, at off-site event locations, or at other locations.

SPECIAL INTERROGATORY NO. 22:

State whether YOU ever reported uncompensated pre-shift or post-shift work to any AMA supervisor, manager, human resources representative, or other AMA employee. If so, for each such report, state: (a) the date of the report; (b) the identity of the person or persons to whom YOU reported (including name, title, and department); (c) the method of the report (e.g., in person, by phone, by email, or by other means); (d) the substance of YOUR report, described in detail; and (e) the response YOU received from the person or persons to whom YOU reported, described in detail.

SPECIAL INTERROGATORY NO. 23:

State whether YOU were ever instructed by an AMA supervisor, manager, or other representative not to clock in until a specific time, even though YOU had begun performing work-related tasks before that time. If so: (a) IDENTIFY each such supervisor, manager, or representative who gave YOU such an instruction; (b) state the approximate dates on which such instructions were given; (c) describe the substance of each such instruction, including whether the instruction was given verbally or in writing; (d) describe the circumstances surrounding each such instruction, including the type of work YOU were performing before the designated clock-in time; and (e) state whether YOU complied with the instruction, and if so, the approximate amount of uncompensated time that resulted.

SPECIAL INTERROGATORY NO. 24:

Describe in detail the pre-show setup and post-show breakdown activities that YOU typically performed for live event productions at the Burbank Facility, including: (a) the specific types of tasks involved in pre-show setup (e.g., equipment preparation, stage configuration, run-through coordination, communications checks, talent coordination, or other tasks); (b) the specific types of tasks involved in post-show breakdown (e.g., equipment tear-down, post-production data transfer, debrief meetings, or other tasks); (c) the approximate duration of setup activities before each event and breakdown activities after each event; (d) whether these setup and breakdown activities occurred before YOUR official call time or after YOUR official wrap time as reflected in the production schedule or call sheet; (e) whether these setup and breakdown activities were recorded in the TimeTrack Pro system as compensable work time; and (f) if these activities were not recorded in the TimeTrack Pro system, explain why they were not recorded, including whether YOU were instructed not to record them or whether there was any other reason.

Timekeeping and Wage Statements

SPECIAL INTERROGATORY NO. 25:

Describe in detail YOUR understanding of how the TimeTrack Pro timekeeping system worked at the Burbank Facility during YOUR employment with AMA, including: (a) the method by which YOU clocked in and out (e.g., physical time clock, computer terminal, mobile application, or badge swipe); (b) whether YOU were aware during YOUR employment that the TimeTrack Pro system automatically deducted thirty (30) minutes from YOUR recorded hours for meal periods on shifts of a certain length, and if so, when and how YOU became aware of this automatic deduction; (c) whether YOU were trained on the use of the TimeTrack Pro system, and if so, describe in detail the training YOU received, including the date(s) of training, the duration of the training, the name and title of the person who conducted the training, the content of the training, and whether any written materials were provided; (d) whether YOU understood how to correct or dispute a time entry in the TimeTrack Pro system; and (e) whether YOU ever experienced any technical issues or difficulties with the TimeTrack Pro system, and if so, describe those issues.

SPECIAL INTERROGATORY NO. 26:

State whether YOU contend that any wage statement (pay stub) YOU received from AMA during YOUR employment was inaccurate or non-compliant with California Labor Code section 226. If so, for each wage statement YOU contend was inaccurate or non-compliant, state: (a) the pay period covered by the wage statement; (b) the specific inaccuracy or non-compliance, described in detail; (c) the correct information that should have appeared on the wage statement; (d) whether YOU reviewed the wage statement at or near the time YOU received it; (e) whether YOU brought the inaccuracy to the attention of anyone at AMA, and if so, identify the person, the date, and the response YOU received; and (f) the specific injury or harm YOU suffered as a result of the inaccuracy or non-compliance.

SPECIAL INTERROGATORY NO. 27:

State whether YOU ever raised any concern or complaint to AMA—whether to a supervisor, manager, human resources representative, payroll department, or other employee—about the accuracy of YOUR wage statements, YOUR recorded hours, or YOUR pay. If so, for each such concern or complaint, state: (a) the date of the concern or complaint; (b) the identity of the person or persons to whom YOU raised the concern or complaint (including name, title, and department); (c) the method by which YOU raised the concern or complaint (e.g., in person, by phone, by email, or in writing); (d) the substance of YOUR concern or complaint, described in detail; and (e) the response YOU received, described in detail.

Damages and Compensation

SPECIAL INTERROGATORY NO. 28:

State YOUR contention regarding the total amount of damages YOU claim to have suffered as a result of AMA's alleged wage-and-hour violations, broken down by the following categories: (a) unpaid meal period premiums under California Labor Code section 226.7; (b) unpaid rest period premiums under California Labor Code section 226.7; (c) unpaid overtime compensation or off-the-clock wages under California Labor Code sections 510 and 1194; (d) wage statement penalties under California Labor Code section 226(a); (e) waiting time penalties under California Labor Code sections 201 through 203; and (f) any other category of damages, including but not limited to interest, attorneys' fees, and costs. For each category, state: (i) the total amount of damages claimed; (ii) the method of calculation used to arrive at that amount; (iii) all facts, assumptions, and data relied upon in performing the calculation; and (iv) the identity of any person who assisted in performing or verifying the calculation.

SPECIAL INTERROGATORY NO. 29:

State all compensation and benefits YOU received from AMA during YOUR employment, including: (a) YOUR base hourly rate of pay at each stage of YOUR employment, as identified in YOUR response to Special Interrogatory No. 2; (b) the total amount of overtime pay YOU received during YOUR employment, broken down by year or pay period; (c) any meal period or rest period premium payments YOU received, including the dates and amounts; (d) any bonuses, incentive compensation, or other variable pay YOU received, including the dates and amounts; (e) any other forms of compensation, including per diem, mileage reimbursement, equipment allowances, or any other payments; and (f) any employment benefits YOU received, including health insurance, retirement plan contributions, paid time off, or other benefits.

SPECIAL INTERROGATORY NO. 30:

State YOUR complete employment history since YOUR separation from AMA on or about May 17, 2022, through the present date, including for each position held: (a) the name and address of the employer; (b) YOUR job title; (c) YOUR start date and, if applicable, YOUR end date; (d) YOUR hourly rate of pay or salary; (e) whether the position was full-time or part-time; and (f) whether YOU are currently employed, and if so, by whom and in what capacity.

SPECIAL INTERROGATORY NO. 31:

State all steps YOU have taken to mitigate YOUR damages since YOUR separation from AMA on or about May 17, 2022, including: (a) the dates and methods of any job searches YOU conducted (e.g., online job boards, networking, staffing agencies, direct applications); (b) the names and positions of all employers to whom YOU submitted applications; (c) the dates and outcomes of any interviews YOU attended; (d) the details of any job offers YOU received, including the employer, position, and compensation offered; (e) the details of any job offers YOU accepted; (f) the details of any job offers YOU declined, including the reasons for declining; and (g) any other steps YOU took to obtain comparable employment following YOUR separation from AMA.

Class Representation and Communications

SPECIAL INTERROGATORY NO. 32:

Describe all COMMUNICATIONS between YOU and any attorney, law firm, or legal representative regarding the wage-and-hour claims at issue in this litigation, prior to the filing of this action, including: (a) the date of YOUR initial contact with any attorney or law firm regarding these claims; (b) who initiated the initial contact (i.e., whether YOU contacted the attorney or the attorney contacted YOU); (c) the identity of each attorney or law firm with whom YOU communicated regarding these claims prior to filing; (d) whether YOU signed a retainer agreement or other engagement letter, and if so, the date of the agreement and the identity of the attorney or law firm with whom YOU entered into the agreement; and (e) the method by which YOU were first made aware of the possibility of pursuing legal claims against AMA (e.g., through a coworker, an advertisement, an online posting, or other means). Note: This interrogatory does not seek the substance of any attorney-client privileged communication, only the fact of contact and retention as described above.

SPECIAL INTERROGATORY NO. 33:

Describe all COMMUNICATIONS between YOU and any current or former AMA employee regarding the wage-and-hour claims at issue in this litigation, including: (a) the identity of each person with whom YOU communicated (including name, job title, and department); (b) the approximate date or dates of each communication; (c) the method of each communication (e.g., in person, by phone, by text message, by email, by social media direct message, or by other means); (d) the general subject matter of each communication; (e) whether the communication occurred before or after the filing of this action; and (f) whether any attorney was present or participated in the communication.

SPECIAL INTERROGATORY NO. 34:

State whether YOU believe YOUR experiences with meal periods, rest periods, timekeeping, and off-the-clock work at AMA are representative of the experiences of all approximately 1,850 non-exempt, hourly employees across AMA's seven (7) California production facilities during the Class Period. If so, describe the basis for YOUR belief in detail, including: (a) all facts and information upon which YOU rely in forming that belief; (b) the identity of any employees at AMA facilities other than the Burbank Facility whose meal period, rest period, timekeeping, or off-the-clock work experiences YOU are aware of; (c) the identity of any employees in AMA divisions other than the Live Events Division whose experiences YOU are aware of; (d) whether YOUR belief is based on personal observations, statements by other employees, documents, media reports, or other sources, and identify each such source; and (e) whether YOU have any basis to believe that working conditions, timekeeping practices, or meal and rest period policies differed among AMA's various California facilities or divisions, and if so, describe those differences.

SPECIAL INTERROGATORY NO. 35:

State whether YOU have any personal knowledge of the meal period, rest period, timekeeping, or off-the-clock work practices at any AMA facility other than the Burbank Facility, or in any AMA division other than the Live Events Division. If so, describe that knowledge in detail, including: (a) the specific facility or division about which YOU have knowledge; (b) the source of YOUR knowledge (e.g., personal observation, statements by coworkers, documents, or other sources), and IDENTIFY each source; (c) the substance of what YOU know, described in detail; and (d) the specific dates or time periods to which YOUR knowledge pertains.

VERIFICATION DEMAND

Pursuant to CCP § 2030.250, the responses to these special interrogatories must be verified under oath by Plaintiff Yesenia Padilla personally. A verification by counsel is not sufficient. The verification shall state in substance:

"I, Yesenia Padilla, 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 personal knowledge, information, and belief."

Dated: February 24, 2023

Respectfully submitted,

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200

Attorneys for Defendant AURELIUS MEDIA AMERICAS INC.

PROOF OF SERVICE

I, Sophia Meng, 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 following document:

DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF YESENIA PADILLA (NOS. 1–35)

on the following parties by electronic service via email, pursuant to CCP § 1010.6 and the parties' agreement to accept electronic service, to the following persons at the email addresses listed below:

Marco Castellano, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025

Email: mcastellano@inlawlaw.com

Diane Salas, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025

Email: dsalas@inlawlaw.com

Sandra Higuera, Esq. Veltrano Employment Law Group PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071

Email: shiguera@ridgemontlaw.com

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

Executed on February 24, 2023, at Los Angeles, California.

________________________________________

Sophia Meng Paralegal Calderwood & Harkness LLP

MARISOL FUENTES, DEREK HALLORAN, and YESENIA PADILLA, individually and on behalf of all others similarly situated,

(Consolidated with 22STCV39501)

Plaintiffs,

Assigned for All Purposes to:

v.	Hon. Raymond Escobedo, Dept. 34
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,	DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF YESENIA PADILLA (NOS. 1–35)

Defendants.

Propounding Party:	Defendant Aurelius Media Americas Inc. ("AMA")
Responding Party:	Plaintiff Yesenia Padilla
Set Number:	One (Nos. 1–35)
Date Served:	February 24, 2023

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 YESENIA PADILLA
(Nos. 1–35)
TO PLAINTIFF YESENIA PADILLA AND HER ATTORNEYS OF RECORD, CASTELLANO BYRNE & SALAS LLP AND VELTRANO EMPLOYMENT LAW GROUP PC:
Defendant Aurelius Media Americas Inc. ("AMA"), by and through its attorneys of record, Calderwood & Harkness LLP, hereby propounds its First Set of Special Interrogatories (Nos. 1 through 35) upon Plaintiff Yesenia Padilla. Plaintiff is required to respond to these interrogatories in writing, under oath, within thirty (30) days of service hereof, in accordance with the California Code of Civil Procedure ("CCP") §§ 2030.210 through 2030.310.
PRELIMINARY INSTRUCTIONS
The following instructions shall apply to each and every interrogatory set forth below:
1.  Each interrogatory must be answered separately and fully in writing and under oath, in accordance with CCP § 2030.210. Responses are due within thirty (30) days of service of these interrogatories, as provided by CCP § 2030.260.
2.  Each interrogatory shall be answered to the fullest extent possible. If an interrogatory cannot be answered completely, it shall be answered to the extent possible, and the responding party shall state the reasons for her inability to answer the remainder. An interrogatory is not objectionable merely because it calls for an opinion, a contention, or the application of law to fact. See CCP § 2030.010(b).
3.  If the responding party objects to any interrogatory, the specific grounds for such objection shall be clearly stated in accordance with CCP § 2030.240. If the objection applies to only part of the interrogatory, the responding party shall answer the non-objectionable portion of the interrogatory and clearly identify the specific part to which the objection is directed.
4.  Pursuant to CCP § 2030.310, the responding party is under a continuing obligation to supplement, amend, or correct any response if the responding party subsequently obtains information rendering a prior response incomplete or incorrect. This continuing duty applies from the date of service of these interrogatories through and including the trial date in this matter.
5.  In responding to these interrogatories, the responding party shall identify all persons who assisted in the preparation of the responses, including but not limited to attorneys, paralegals, consultants, and any other individuals who provided information or reviewed drafts of the responses.
6.  If the responding party contends that any document or information responsive to an interrogatory is protected by the attorney-client privilege, the work product doctrine, or any other applicable privilege, the responding party shall provide a privilege log identifying each such document or item of information with sufficient specificity to permit assessment of the claimed privilege, including: (a) the date of the document or communication; (b) the author or sender; (c) all recipients; (d) the general subject matter; and (e) the specific privilege claimed.
7.  Where an interrogatory asks the responding party to "state all facts" or "describe" certain events or circumstances, the responding party shall provide a complete and detailed narrative of the facts, circumstances, and events known to the responding party, including the identities of all persons with knowledge of the facts described and any documents that reflect, memorialize, or are relevant to such facts.
8.  Unless otherwise specified, the time period covered by these interrogatories is the entirety of the responding party's employment with AMA and the period through the present date.
DEFINITIONS
As used in these interrogatories, the following terms shall have the meanings set forth below. These definitions are intended to supplement, not replace, any definitions provided by applicable statute or rule.
"YOU," "YOUR," or "PADILLA" shall mean Plaintiff Yesenia Padilla, individually and in her capacity as a named plaintiff and putative class representative in this action.
"AMA" or "THE COMPANY" shall mean Defendant Aurelius Media Americas Inc., including but not limited to its past and present officers, directors, employees, agents, representatives, consultants, contractors, subsidiaries, affiliates, predecessors, successors, and assigns.
"DOCUMENT(S)" shall have the broadest meaning permitted under CCP § 2016.020 and shall include, without limitation, all writings, drawings, graphs, charts, photographs, audio recordings, video recordings, and other data compilations from which information can be obtained. This definition is inclusive of all electronically stored information ("ESI"), including but not limited to emails, text messages, instant messages, social media posts, Meridian Solutions messages, Northgate Data Systems messages, spreadsheets, databases, and metadata associated with any of the foregoing.
"COMMUNICATION(S)" shall mean any oral, written, or electronic transmission or exchange of information between two or more persons, including but not limited to face-to-face conversations, telephone calls, voicemails, letters, memoranda, emails, text messages (including SMS and Westmark Software), Meridian Solutions messages, Northgate Data Systems messages, social media direct messages, video calls, and any other method of conveying information.
"PERSON(S)" shall mean any natural person, firm, corporation, partnership, limited liability company, association, joint venture, governmental entity, or any other legal or business entity.
"IDENTIFY" (with respect to a person) shall mean to state the person's: (a) full legal name; (b) last known residential or business address; (c) last known telephone number; (d) job title or position held during the relevant time period; and (e) employer at the time of the relevant events and current employer, if different.
"IDENTIFY" (with respect to a document) shall mean to state the document's: (a) title or subject line; (b) date of creation or transmission; (c) author or sender; (d) recipient(s) or addressee(s); (e) general subject matter; (f) number of pages or approximate length; and (g) present location or custodian.
"DESCRIBE" shall mean to provide a detailed narrative of the relevant facts, circumstances, events, and the identities of all persons with knowledge thereof.
"CLASS PERIOD" shall mean November 1, 2018 through the present, as alleged in the operative complaint.
"MEAL PERIOD" shall mean any meal period required to be provided under California Labor Code sections 226.7 and 512 and the applicable provisions of Industrial Welfare Commission ("IWC") Wage Order No. 12-2001 (Motion Picture Industry), including but not limited to first meal periods (for shifts exceeding five hours) and second meal periods (for shifts exceeding ten hours).
"REST PERIOD" shall mean any rest period required to be authorized and permitted under California Labor Code section 226.7 and the applicable provisions of IWC Wage Order No. 12-2001, including but not limited to net ten-minute paid rest periods for every four hours worked or major fraction thereof.
"TIMETRACK PRO" shall mean the NovaPay Solutions "TimeTrack Pro" electronic timekeeping system used by AMA at its California production facilities during the Class Period for the purpose of recording employee work hours, including clock-in times, clock-out times, meal period start and end times, and related timekeeping data.
"MISSED MEAL ATTESTATION" shall mean the feature within the TimeTrack Pro system that was designed to allow employees to electronically report or attest to a missed, late, or shortened meal period, and to trigger a meal period premium payment upon submission of such an attestation.
"BURBANK FACILITY" shall mean AMA's production facility located at 3800 West Alameda Avenue, Burbank, California 91505, also referred to internally by AMA as "Facility 4."
"LIVE EVENTS DIVISION" shall mean AMA's Live Events Division, which during the Class Period coordinated and produced live events productions, including but not limited to concerts, award shows, live broadcasts, and similar live entertainment productions, primarily from the Burbank Facility.
SPECIAL INTERROGATORIES
Employment Background.  SPECIAL INTERROGATORY NO. 1:
State YOUR complete employment history with AMA, including: (a) YOUR date of hire; (b) YOUR date of separation and the circumstances of YOUR separation (e.g., voluntary resignation, termination, layoff); (c) all job titles YOU held during YOUR employment and the specific dates during which YOU held each title; (d) all AMA facilities at which YOU worked during YOUR employment and the specific dates during which YOU worked at each facility; (e) all show units, production teams, or projects to which YOU were assigned during YOUR employment and the specific dates of each assignment; and (f) the name and job title of each supervisor to whom YOU directly reported during YOUR employment and the specific dates during which each such person served as YOUR supervisor.
SPECIAL INTERROGATORY NO. 2:
State YOUR hourly rate of pay at each point during YOUR employment with AMA, including: (a) YOUR starting hourly rate; (b) the effective date of each subsequent rate change; (c) the new hourly rate following each change; and (d) the reason for each rate change (e.g., annual merit increase, promotion, cost-of-living adjustment, reclassification).
SPECIAL INTERROGATORY NO. 3:
Describe in detail YOUR job duties and responsibilities in each position YOU held at AMA during YOUR employment, including: (a) a detailed description of YOUR daily work tasks; (b) the division, department, or group in which YOU performed these duties; (c) the types of productions or events on which YOU worked; (d) whether YOUR duties differed between live event production days and non-event days, and if so, how; (e) the typical number of employees on YOUR production team or show unit; and (f) whether YOU exercised any supervisory authority over other employees, and if so, identify those employees and describe the nature of YOUR supervisory role.
SPECIAL INTERROGATORY NO. 4:
IDENTIFY all show units within the Live Events Division to which YOU were assigned during YOUR employment with AMA, and for each show unit, state: (a) the name of the show, event, or production; (b) the specific dates of YOUR assignment to that show unit; (c) the typical shift length for that show unit, including any differences between event days and non-event days; (d) whether the production was studio-based, field-based, or a live event; (e) the name and title of the Unit Production Manager or Line Producer responsible for scheduling on that show unit; and (f) the approximate number of non-exempt, hourly employees who worked on that show unit during YOUR assignment.
SPECIAL INTERROGATORY NO. 5:
State whether YOU were classified as a non-exempt, hourly employee during the entirety of YOUR employment with AMA. If YOUR classification changed at any point during YOUR employment, describe the change, including: (a) the dates of the change; (b) YOUR classification before and after the change; (c) the reason for the change; (d) whether YOU received any written notification of the change; and (e) whether YOUR job duties changed in connection with the reclassification, and if so, how.
Meal Period Claims
SPECIAL INTERROGATORY NO. 6:
For each shift during YOUR employment with AMA on which YOU contend YOU were denied a compliant first meal period, state: (a) the date of the shift; (b) the show unit, event, or production on which YOU were working; (c) the facility or location at which YOU were working; (d) the approximate start and end times of the shift; (e) whether YOU received any meal break at all during the shift; (f) if YOU received a meal break, the approximate start and end times and total duration of the break and whether YOU were relieved of all duties and free to leave the premises during the break; (g) if YOU did not receive a meal break, the reason or reasons why YOU did not receive one; (h) the name and title of YOUR supervisor on that shift; and (i) whether YOU reported the missed or shortened meal period to anyone at AMA, and if so, identify the person to whom YOU reported and describe the response YOU received.
SPECIAL INTERROGATORY NO. 7:
For each shift during YOUR employment with AMA on which YOU contend YOU were denied a compliant second meal period—i.e., a second meal period required for shifts exceeding ten (10) hours—provide the same information requested in Special Interrogatory No. 6 with respect to the second meal period.
SPECIAL INTERROGATORY NO. 8:
Describe in detail the circumstances under which YOU typically took meal periods while working in the Live Events Division, including: (a) who determined when meal periods would be taken during YOUR shifts; (b) how YOU were notified of meal period timing, including whether meal period times were communicated verbally, posted, or included in daily call sheets or production schedules; (c) whether meal periods were included in daily call sheets, production schedules, or other written scheduling documents, and if so, IDENTIFY those documents; (d) where YOU typically ate during meal periods; (e) whether YOU were relieved of all duties and free to leave the premises during meal periods; (f) how meal periods during live event productions (such as concerts and award shows) differed, if at all, from meal periods on non-event days, rehearsal days, or pre-production days; (g) whether any AMA policy, practice, or supervisor directive discouraged or impeded YOUR ability to take a timely meal period; and (h) the typical length of YOUR meal periods.
SPECIAL INTERROGATORY NO. 9:
State whether YOU ever signed, acknowledged, or otherwise agreed to an on-duty meal period agreement with AMA as permitted under the applicable provisions of IWC Wage Order No. 12-2001 (Motion Picture Industry). If so: (a) IDENTIFY the agreement, including its date and the names of any AMA representatives who presented it to YOU; (b) state the dates during which the on-duty meal period agreement was in effect; (c) describe the circumstances under which YOU signed or agreed to the on-duty meal period agreement; (d) state whether YOU were advised of YOUR right to revoke the agreement, and if so, when and by whom; and (e) state whether YOU ever revoked the agreement, and if so, the date and circumstances of the revocation.
SPECIAL INTERROGATORY NO. 10:
State whether YOU were aware of the TimeTrack Pro "Missed Meal Attestation" feature during YOUR employment with AMA. If so, state: (a) how and when YOU first became aware of the Missed Meal Attestation feature, including whether YOU learned about it through training, a written policy, a supervisor, a coworker, or another source; (b) whether YOU ever used or attempted to use the Missed Meal Attestation feature during YOUR employment; (c) if YOU used the Missed Meal Attestation feature, the approximate dates and circumstances of each use, including whether a meal period premium payment was issued in response; (d) if YOU did not use the Missed Meal Attestation feature, explain in detail the reasons why YOU did not use it; and (e) if YOU contend that the Missed Meal Attestation feature was not available or not activated at the Burbank Facility, state all facts supporting that contention, including any persons with knowledge and any documents that support YOUR contention.
SPECIAL INTERROGATORY NO. 11:
State whether YOU ever reported a missed, late, or shortened meal period to any AMA supervisor, manager, human resources representative, or other AMA employee. If so, for each such report, state: (a) the date of the report; (b) the identity of the person or persons to whom YOU reported (including name, title, and department); (c) the method of the report (e.g., in person, by phone, by email, via TimeTrack Pro, or by other means); (d) the substance of YOUR report, described in detail; and (e) the response YOU received from the person or persons to whom YOU reported, described in detail.
SPECIAL INTERROGATORY NO. 12:
State whether YOU ever received a meal period premium payment—i.e., one additional hour of pay at YOUR regular rate of compensation—from AMA for a missed, late, or shortened meal period. If so, state: (a) the approximate dates on which YOU received such premium payment; (b) the total number of times YOU received such payment during YOUR employment; (c) the circumstances giving rise to each such payment, including whether the payment was automatic, issued in response to a Missed Meal Attestation, or issued in response to a complaint or request; and (d) whether YOU reviewed YOUR wage statements to verify that meal period premium payments were correctly reflected.
SPECIAL INTERROGATORY NO. 13:
Describe in detail how the automatic meal period deduction feature in the TimeTrack Pro system affected YOUR pay during YOUR employment with AMA, including: (a) YOUR understanding of how the automatic meal period deduction functioned (e.g., the amount of time automatically deducted and the conditions that triggered the deduction); (b) whether YOU contend that the automatic deduction resulted in underpayment of wages on specific occasions, and if so, IDENTIFY each such occasion by date, shift, and the amount of underpayment; (c) whether YOU ever brought the automatic meal period deduction to the attention of any AMA supervisor, manager, or human resources representative, and if so, describe the substance of that communication and the response YOU received; and (d) all facts and evidence supporting YOUR contention that the automatic meal period deduction caused YOU financial harm.
SPECIAL INTERROGATORY NO. 14:
State whether YOU are aware of any other AMA employees in the Live Events Division or at the Burbank Facility who experienced missed, late, or shortened meal periods during the Class Period. If so: (a) IDENTIFY each such employee; (b) describe the circumstances of the missed, late, or shortened meal period of which YOU are aware; (c) state how YOU became aware of the circumstances described; (d) state whether the employee reported the missed or shortened meal period to anyone at AMA, and if so, identify the person to whom it was reported and describe the response; and (e) state whether the employee is a putative class member in this action.
Rest Period Claims
SPECIAL INTERROGATORY NO. 15:
For each shift during YOUR employment with AMA on which YOU contend YOU were denied a compliant rest period—i.e., a net ten (10) minute paid rest period for every four (4) hours worked or major fraction thereof—state: (a) the date of the shift; (b) the show unit, event, or production on which YOU were working; (c) the facility or location at which YOU were working; (d) the approximate start and end times of the shift; (e) the total number of rest periods to which YOU were entitled on that shift based on the length of the shift; (f) the number of rest periods YOU actually received; (g) if YOU received any rest period(s), the approximate duration and whether YOU were relieved of all duties during the rest period; (h) the name and title of YOUR supervisor on that shift; and (i) whether YOU reported the missed or denied rest period to anyone at AMA, and if so, identify the person to whom YOU reported and describe the response YOU received.
SPECIAL INTERROGATORY NO. 16:
Describe in detail the circumstances under which YOU typically took rest periods while working in the Live Events Division, including: (a) whether rest periods were authorized and permitted by YOUR supervisors; (b) whether YOU were advised of YOUR right to take rest periods, and if so, by whom and how (e.g., during onboarding, in a written policy, or verbally); (c) how rest periods during live event productions (such as concerts and award shows) differed, if at all, from rest periods on non-event days, rehearsal days, or pre-production days; (d) whether YOU were able to take rest periods during extended production days involving shifts exceeding ten (10) hours; (e) whether YOU received a third rest period on shifts exceeding ten (10) hours, as required under applicable wage orders; (f) whether any AMA policy, practice, or supervisor directive discouraged or impeded YOUR ability to take a timely rest period; and (g) whether YOU are aware of any informal understanding, custom, or culture within the Live Events Division regarding rest periods during live productions, and if so, describe that understanding, custom, or culture in detail.
SPECIAL INTERROGATORY NO. 17:
State whether YOU ever reported a missed or denied rest period to any AMA supervisor, manager, human resources representative, or other AMA employee. If so, for each such report, state: (a) the date of the report; (b) the identity of the person or persons to whom YOU reported (including name, title, and department); (c) the method of the report (e.g., in person, by phone, by email, or by other means); (d) the substance of YOUR report, described in detail; and (e) the response YOU received from the person or persons to whom YOU reported, described in detail.
SPECIAL INTERROGATORY NO. 18:
State whether YOU ever received a rest period premium payment—i.e., one additional hour of pay at YOUR regular rate of compensation—from AMA for a missed or denied rest period. If so, state: (a) the approximate dates on which YOU received such premium payment; (b) the total number of times YOU received such payment during YOUR employment; (c) the circumstances giving rise to each such payment; and (d) whether YOU reviewed YOUR wage statements to verify that rest period premium payments were correctly reflected.
SPECIAL INTERROGATORY NO. 19:
State whether YOU are aware of any other AMA employees in the Live Events Division or at the Burbank Facility who experienced missed or denied rest periods during the Class Period. If so: (a) IDENTIFY each such employee; (b) describe the circumstances of the missed or denied rest period of which YOU are aware; (c) state how YOU became aware of the circumstances described; (d) state whether the employee reported the missed or denied rest period to anyone at AMA, and if so, identify the person to whom it was reported and describe the response; and (e) state whether the employee is a putative class member in this action.
Off-the-Clock Work Claims
SPECIAL INTERROGATORY NO. 20:
Describe in detail all work YOU contend YOU performed before YOUR official shift start time—i.e., before clocking in on the TimeTrack Pro system—during YOUR employment with AMA, including: (a) the types of tasks YOU performed before clocking in; (b) the approximate amount of time YOU spent on such tasks per shift; (c) the frequency with which such pre-shift work occurred (e.g., daily, weekly, or only on certain types of production days); (d) whether YOU were directed, instructed, or expected by a supervisor or manager to perform such tasks before clocking in, and if so, identify each such supervisor or manager; (e) the names and titles of any supervisors or managers who directed, instructed, or expected YOU to perform pre-shift work; (f) whether YOU ever asked to clock in before performing such tasks, and if so, describe the response YOU received; and (g) whether the pre-shift work YOU describe occurred at the Burbank Facility, at off-site event locations, or at other locations.
SPECIAL INTERROGATORY NO. 21:
Describe in detail all work YOU contend YOU performed after YOUR official shift end time—i.e., after clocking out on the TimeTrack Pro system—during YOUR employment with AMA, including: (a) the types of tasks YOU performed after clocking out; (b) the approximate amount of time YOU spent on such tasks per shift; (c) the frequency with which such post-shift work occurred (e.g., daily, weekly, or only on certain types of production days); (d) whether YOU were directed, instructed, or expected by a supervisor or manager to perform such tasks after clocking out, and if so, identify each such supervisor or manager; (e) the names and titles of any supervisors or managers who directed, instructed, or expected YOU to perform post-shift work; (f) whether YOU ever asked to remain clocked in while performing such tasks, and if so, describe the response YOU received; and (g) whether the post-shift work YOU describe occurred at the Burbank Facility, at off-site event locations, or at other locations.
SPECIAL INTERROGATORY NO. 22:
State whether YOU ever reported uncompensated pre-shift or post-shift work to any AMA supervisor, manager, human resources representative, or other AMA employee. If so, for each such report, state: (a) the date of the report; (b) the identity of the person or persons to whom YOU reported (including name, title, and department); (c) the method of the report (e.g., in person, by phone, by email, or by other means); (d) the substance of YOUR report, described in detail; and (e) the response YOU received from the person or persons to whom YOU reported, described in detail.
SPECIAL INTERROGATORY NO. 23:
State whether YOU were ever instructed by an AMA supervisor, manager, or other representative not to clock in until a specific time, even though YOU had begun performing work-related tasks before that time. If so: (a) IDENTIFY each such supervisor, manager, or representative who gave YOU such an instruction; (b) state the approximate dates on which such instructions were given; (c) describe the substance of each such instruction, including whether the instruction was given verbally or in writing; (d) describe the circumstances surrounding each such instruction, including the type of work YOU were performing before the designated clock-in time; and (e) state whether YOU complied with the instruction, and if so, the approximate amount of uncompensated time that resulted.
SPECIAL INTERROGATORY NO. 24:
Describe in detail the pre-show setup and post-show breakdown activities that YOU typically performed for live event productions at the Burbank Facility, including: (a) the specific types of tasks involved in pre-show setup (e.g., equipment preparation, stage configuration, run-through coordination, communications checks, talent coordination, or other tasks); (b) the specific types of tasks involved in post-show breakdown (e.g., equipment tear-down, post-production data transfer, debrief meetings, or other tasks); (c) the approximate duration of setup activities before each event and breakdown activities after each event; (d) whether these setup and breakdown activities occurred before YOUR official call time or after YOUR official wrap time as reflected in the production schedule or call sheet; (e) whether these setup and breakdown activities were recorded in the TimeTrack Pro system as compensable work time; and (f) if these activities were not recorded in the TimeTrack Pro system, explain why they were not recorded, including whether YOU were instructed not to record them or whether there was any other reason.
Timekeeping and Wage Statements
SPECIAL INTERROGATORY NO. 25:
Describe in detail YOUR understanding of how the TimeTrack Pro timekeeping system worked at the Burbank Facility during YOUR employment with AMA, including: (a) the method by which YOU clocked in and out (e.g., physical time clock, computer terminal, mobile application, or badge swipe); (b) whether YOU were aware during YOUR employment that the TimeTrack Pro system automatically deducted thirty (30) minutes from YOUR recorded hours for meal periods on shifts of a certain length, and if so, when and how YOU became aware of this automatic deduction; (c) whether YOU were trained on the use of the TimeTrack Pro system, and if so, describe in detail the training YOU received, including the date(s) of training, the duration of the training, the name and title of the person who conducted the training, the content of the training, and whether any written materials were provided; (d) whether YOU understood how to correct or dispute a time entry in the TimeTrack Pro system; and (e) whether YOU ever experienced any technical issues or difficulties with the TimeTrack Pro system, and if so, describe those issues.
SPECIAL INTERROGATORY NO. 26:
State whether YOU contend that any wage statement (pay stub) YOU received from AMA during YOUR employment was inaccurate or non-compliant with California Labor Code section 226. If so, for each wage statement YOU contend was inaccurate or non-compliant, state: (a) the pay period covered by the wage statement; (b) the specific inaccuracy or non-compliance, described in detail; (c) the correct information that should have appeared on the wage statement; (d) whether YOU reviewed the wage statement at or near the time YOU received it; (e) whether YOU brought the inaccuracy to the attention of anyone at AMA, and if so, identify the person, the date, and the response YOU received; and (f) the specific injury or harm YOU suffered as a result of the inaccuracy or non-compliance.
SPECIAL INTERROGATORY NO. 27:
State whether YOU ever raised any concern or complaint to AMA—whether to a supervisor, manager, human resources representative, payroll department, or other employee—about the accuracy of YOUR wage statements, YOUR recorded hours, or YOUR pay. If so, for each such concern or complaint, state: (a) the date of the concern or complaint; (b) the identity of the person or persons to whom YOU raised the concern or complaint (including name, title, and department); (c) the method by which YOU raised the concern or complaint (e.g., in person, by phone, by email, or in writing); (d) the substance of YOUR concern or complaint, described in detail; and (e) the response YOU received, described in detail.
Damages and Compensation
SPECIAL INTERROGATORY NO. 28:
State YOUR contention regarding the total amount of damages YOU claim to have suffered as a result of AMA's alleged wage-and-hour violations, broken down by the following categories: (a) unpaid meal period premiums under California Labor Code section 226.7; (b) unpaid rest period premiums under California Labor Code section 226.7; (c) unpaid overtime compensation or off-the-clock wages under California Labor Code sections 510 and 1194; (d) wage statement penalties under California Labor Code section 226(a); (e) waiting time penalties under California Labor Code sections 201 through 203; and (f) any other category of damages, including but not limited to interest, attorneys' fees, and costs. For each category, state: (i) the total amount of damages claimed; (ii) the method of calculation used to arrive at that amount; (iii) all facts, assumptions, and data relied upon in performing the calculation; and (iv) the identity of any person who assisted in performing or verifying the calculation.
SPECIAL INTERROGATORY NO. 29:
State all compensation and benefits YOU received from AMA during YOUR employment, including: (a) YOUR base hourly rate of pay at each stage of YOUR employment, as identified in YOUR response to Special Interrogatory No. 2; (b) the total amount of overtime pay YOU received during YOUR employment, broken down by year or pay period; (c) any meal period or rest period premium payments YOU received, including the dates and amounts; (d) any bonuses, incentive compensation, or other variable pay YOU received, including the dates and amounts; (e) any other forms of compensation, including per diem, mileage reimbursement, equipment allowances, or any other payments; and (f) any employment benefits YOU received, including health insurance, retirement plan contributions, paid time off, or other benefits.
SPECIAL INTERROGATORY NO. 30:
State YOUR complete employment history since YOUR separation from AMA on or about May 17, 2022, through the present date, including for each position held: (a) the name and address of the employer; (b) YOUR job title; (c) YOUR start date and, if applicable, YOUR end date; (d) YOUR hourly rate of pay or salary; (e) whether the position was full-time or part-time; and (f) whether YOU are currently employed, and if so, by whom and in what capacity.
SPECIAL INTERROGATORY NO. 31:
State all steps YOU have taken to mitigate YOUR damages since YOUR separation from AMA on or about May 17, 2022, including: (a) the dates and methods of any job searches YOU conducted (e.g., online job boards, networking, staffing agencies, direct applications); (b) the names and positions of all employers to whom YOU submitted applications; (c) the dates and outcomes of any interviews YOU attended; (d) the details of any job offers YOU received, including the employer, position, and compensation offered; (e) the details of any job offers YOU accepted; (f) the details of any job offers YOU declined, including the reasons for declining; and (g) any other steps YOU took to obtain comparable employment following YOUR separation from AMA.
Class Representation and Communications
SPECIAL INTERROGATORY NO. 32:
Describe all COMMUNICATIONS between YOU and any attorney, law firm, or legal representative regarding the wage-and-hour claims at issue in this litigation, prior to the filing of this action, including: (a) the date of YOUR initial contact with any attorney or law firm regarding these claims; (b) who initiated the initial contact (i.e., whether YOU contacted the attorney or the attorney contacted YOU); (c) the identity of each attorney or law firm with whom YOU communicated regarding these claims prior to filing; (d) whether YOU signed a retainer agreement or other engagement letter, and if so, the date of the agreement and the identity of the attorney or law firm with whom YOU entered into the agreement; and (e) the method by which YOU were first made aware of the possibility of pursuing legal claims against AMA (e.g., through a coworker, an advertisement, an online posting, or other means). Note: This interrogatory does not seek the substance of any attorney-client privileged communication, only the fact of contact and retention as described above.
SPECIAL INTERROGATORY NO. 33:
Describe all COMMUNICATIONS between YOU and any current or former AMA employee regarding the wage-and-hour claims at issue in this litigation, including: (a) the identity of each person with whom YOU communicated (including name, job title, and department); (b) the approximate date or dates of each communication; (c) the method of each communication (e.g., in person, by phone, by text message, by email, by social media direct message, or by other means); (d) the general subject matter of each communication; (e) whether the communication occurred before or after the filing of this action; and (f) whether any attorney was present or participated in the communication.
SPECIAL INTERROGATORY NO. 34:
State whether YOU believe YOUR experiences with meal periods, rest periods, timekeeping, and off-the-clock work at AMA are representative of the experiences of all approximately 1,850 non-exempt, hourly employees across AMA's seven (7) California production facilities during the Class Period. If so, describe the basis for YOUR belief in detail, including: (a) all facts and information upon which YOU rely in forming that belief; (b) the identity of any employees at AMA facilities other than the Burbank Facility whose meal period, rest period, timekeeping, or off-the-clock work experiences YOU are aware of; (c) the identity of any employees in AMA divisions other than the Live Events Division whose experiences YOU are aware of; (d) whether YOUR belief is based on personal observations, statements by other employees, documents, media reports, or other sources, and identify each such source; and (e) whether YOU have any basis to believe that working conditions, timekeeping practices, or meal and rest period policies differed among AMA's various California facilities or divisions, and if so, describe those differences.
SPECIAL INTERROGATORY NO. 35:
State whether YOU have any personal knowledge of the meal period, rest period, timekeeping, or off-the-clock work practices at any AMA facility other than the Burbank Facility, or in any AMA division other than the Live Events Division. If so, describe that knowledge in detail, including: (a) the specific facility or division about which YOU have knowledge; (b) the source of YOUR knowledge (e.g., personal observation, statements by coworkers, documents, or other sources), and IDENTIFY each source; (c) the substance of what YOU know, described in detail; and (d) the specific dates or time periods to which YOUR knowledge pertains.
VERIFICATION DEMAND
Pursuant to CCP § 2030.250, the responses to these special interrogatories must be verified under oath by Plaintiff Yesenia Padilla personally. A verification by counsel is not sufficient. The verification shall state in substance:
"I, Yesenia Padilla, 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 personal knowledge, information, and belief."
Dated: February 24, 2023
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200
Attorneys for Defendant AURELIUS MEDIA AMERICAS INC.
PROOF OF SERVICE
PROOF OF SERVICE
I, Sophia Meng, 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 following document:
DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF YESENIA PADILLA (NOS. 1–35)
on the following parties by electronic service via email, pursuant to CCP § 1010.6 and the parties' agreement to accept electronic service, to the following persons at the email addresses listed below:
Marco Castellano, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025
Email: mcastellano@inlawlaw.com
Diane Salas, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025
Email: dsalas@inlawlaw.com
Sandra Higuera, Esq. Veltrano Employment Law Group PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071
Email: shiguera@ridgemontlaw.com
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on February 24, 2023, at Los Angeles, California.
________________________________________
Sophia Meng Paralegal Calderwood & Harkness LLP
MARISOL FUENTES, DEREK HALLORAN, and YESENIA PADILLA, individually and on behalf of all others similarly situated, | Lead Case No.: 22STCV38214
(Consolidated with 22STCV39501)
Plaintiffs,
Assigned for All Purposes to:
v. | Hon. Raymond Escobedo, Dept. 34
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive, | DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF SPECIAL INTERROGATORIES TO PLAINTIFF YESENIA PADILLA (NOS. 1–35)
Defendants.
Propounding Party: | Defendant Aurelius Media Americas Inc. ("AMA")
Responding Party: | Plaintiff Yesenia Padilla
Set Number: | One (Nos. 1–35)
Date Served: | February 24, 2023

SUPERIOR COURT OF THE STATE OF CALIFORNIA

PRELIMINARY INSTRUCTIONS

DEFINITIONS

SPECIAL INTERROGATORIES

SPECIAL INTERROGATORY NO. 2:

SPECIAL INTERROGATORY NO. 3:

SPECIAL INTERROGATORY NO. 4:

SPECIAL INTERROGATORY NO. 5:

SPECIAL INTERROGATORY NO. 6:

SPECIAL INTERROGATORY NO. 7:

SPECIAL INTERROGATORY NO. 8:

SPECIAL INTERROGATORY NO. 9:

SPECIAL INTERROGATORY NO. 10:

SPECIAL INTERROGATORY NO. 11:

SPECIAL INTERROGATORY NO. 12:

SPECIAL INTERROGATORY NO. 13:

SPECIAL INTERROGATORY NO. 14:

SPECIAL INTERROGATORY NO. 15:

SPECIAL INTERROGATORY NO. 16:

SPECIAL INTERROGATORY NO. 17:

SPECIAL INTERROGATORY NO. 18:

SPECIAL INTERROGATORY NO. 19:

SPECIAL INTERROGATORY NO. 20:

SPECIAL INTERROGATORY NO. 21:

SPECIAL INTERROGATORY NO. 22:

SPECIAL INTERROGATORY NO. 23:

SPECIAL INTERROGATORY NO. 24:

SPECIAL INTERROGATORY NO. 25:

SPECIAL INTERROGATORY NO. 26:

SPECIAL INTERROGATORY NO. 27:

SPECIAL INTERROGATORY NO. 28:

SPECIAL INTERROGATORY NO. 29:

SPECIAL INTERROGATORY NO. 30:

SPECIAL INTERROGATORY NO. 31:

SPECIAL INTERROGATORY NO. 32:

SPECIAL INTERROGATORY NO. 33:

SPECIAL INTERROGATORY NO. 34:

SPECIAL INTERROGATORY NO. 35:

VERIFICATION DEMAND

CALDERWOOD & HARKNESS LLP

CALDERWOOD & HARKNESS LLP

PROOF OF SERVICE

PROOF OF SERVICE

Record

Parties

Dates

Amounts