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 SUPPLEMENTAL RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS, NOS. 14, 27, 33, AND 41

PRELIMINARY STATEMENT

Defendant Aurelius Media Americas Inc. ("AMA" or "Defendant"), by and through its counsel of record, Calderwood & Harkness LLP, hereby serves these Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents, Nos. 14, 27, 33, and 41, pursuant to California Code of Civil Procedure § 2031.310 and the parties' meet-and-confer correspondence and telephonic discussions conducted in connection therewith.

These Supplemental Responses are served following the meet-and-confer letter from Calderwood & Harkness LLP (Devon Archer) to Castellano Byrne & Salas LLP (Marco Castellano) dated March 17, 2023, and the subsequent telephonic meet-and-confer discussions held on March 22, 2023, March 29, 2023, and April 5, 2023, during which counsel for the parties identified the specific categories of documents to be addressed in AMA's supplemental production.

AMA's initial responses to Plaintiffs' First Set of Requests for Production of Documents (Nos. 1 through 62) were served on March 24, 2023. These Supplemental Responses address only Requests for Production Nos. 14, 27, 33, and 41 and do not modify, amend, or supersede AMA's initial responses to any other Requests for Production except as expressly stated herein.

These Supplemental Responses are made without waiver of any objections set forth in AMA's initial responses served on March 24, 2023, and all prior general and specific objections are expressly incorporated herein by reference as though set forth in full. AMA's agreement to supplement its responses to the four identified requests does not constitute a waiver of any objection, and AMA's production of documents in connection with these Supplemental Responses does not constitute an admission as to the relevance, admissibility, or authenticity of any document produced.

Documents produced in connection with these Supplemental Responses are designated CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, as applicable, pursuant to the Stipulated Protective Order entered by the Court on February 15, 2023 (the "Protective Order"). Any use or disclosure of documents bearing such designations shall be governed by the terms of the Protective Order.

This supplemental production is made in accordance with the ESI Protocol Stipulation and Order entered by the Court on January 13, 2023, including the agreed-upon format specifications, de-duplication protocols, and search term parameters set forth therein. Documents produced herewith are Bates-stamped AMA-SUPP-000001 through AMA-SUPP-003847.

GENERAL OBJECTIONS (INCORPORATED BY REFERENCE)

AMA incorporates by reference all General Objections set forth in AMA's initial responses to Plaintiffs' First Set of Requests for Production of Documents, served on March 24, 2023, as though fully set forth herein. Without limiting the generality of the foregoing, AMA specifically restates the following General Objections:

1. AMA objects to each Request to the extent it seeks information or documents protected from disclosure by the attorney-client privilege, the work product doctrine, or any other applicable privilege or immunity from discovery. Any inadvertent production of privileged or protected materials shall not constitute a waiver of any privilege or protection, consistent with California Evidence Code § 912 and the terms of the Protective Order.

2. AMA objects to each Request to the extent it is overbroad, unduly burdensome, or seeks discovery that is disproportionate to the needs of the case in light of the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit, as set forth in California Code of Civil Procedure § 2017.020.

3. AMA objects to each Request to the extent it seeks trade secrets, proprietary business information, or commercially sensitive information beyond the scope of the Protective Order or the matters at issue in this litigation. AMA produces documents containing such information only to the extent required by applicable law and subject to the protections afforded by the Protective Order.

4. AMA objects to each Request to the extent it calls for the production of documents not within AMA's possession, custody, or control, including documents in the possession of third parties, affiliated entities, or former employees.

5. AMA reserves the right to supplement or amend these responses as additional information becomes available through ongoing investigation and discovery, including depositions, third-party discovery, and document review. AMA's responses are based upon the information and documents reasonably available to it as of the date hereof.

SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 14

REQUEST FOR PRODUCTION NO. 14:

All DOCUMENTS relating to the configuration, setup, implementation, modification, or administration of the NovaPay Solutions "TimeTrack Pro" timekeeping system used by AMA at any California facility during the CLASS PERIOD (November 1, 2018 to present), including but not limited to system configuration records, implementation guides, change logs, and administrative settings documentation.

OBJECTIONS (Restated and Supplemented):

AMA restates and incorporates by reference all General Objections set forth above and in AMA's initial responses. In addition, AMA interposes the following specific objections:

AMA objects to this Request to the extent it is overbroad in seeking "all" system documentation regardless of relevance to the specific wage-and-hour claims at issue in this class action, including meal and rest period claims, claims for failure to pay all wages due, and claims for inaccurate wage statements. The TimeTrack Pro system is a comprehensive enterprise timekeeping platform with numerous modules and configuration parameters, many of which have no bearing on the claims asserted by Plaintiffs. AMA limits its supplemental production to configuration records, change logs, and documentation relevant to the meal period auto-deduction feature, the Missed Meal Attestation feature, and the timekeeping functionality at issue in this action.

AMA objects to this Request to the extent it seeks proprietary NovaPay Solutions technical documentation that is not within AMA's possession, custody, or control. Certain technical specifications, source code, backend architecture documents, and proprietary system documentation are in the exclusive possession of third party NovaPay Solutions Inc. Plaintiffs may direct discovery for such documents to NovaPay Solutions Inc. pursuant to the third-party subpoena issued on February 8, 2023, directed to Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc., 2200 Powell Street, Suite 600, Emeryville, California 94608.

AMA further objects to this Request to the extent it seeks documents pre-dating January 1, 2019. AMA's contractual engagement with NovaPay Solutions Inc. commenced on January 1, 2019, and no TimeTrack Pro system records exist prior to that date. To the extent the Class Period commences on November 1, 2018, AMA's timekeeping during the period from November 1, 2018 through December 31, 2018 was conducted through a separate system (Meridian Health IT), and documents relating to that system are addressed in AMA's initial response to Request for Production No. 12.

SUPPLEMENTAL RESPONSE:

Subject to and without waiving the foregoing objections, AMA supplements its prior response to Request for Production No. 14 and produces the following categories of documents:

Category 1: TimeTrack Pro Initial Configuration Records (January 2019)

AMA produces system configuration documentation from the initial TimeTrack Pro implementation in January 2019, including the NovaPay Solutions Implementation Workbook, the AMA Configuration Specification Sheet, and the signed System Acceptance Forms for each facility.

These configuration records reflect the following parameters relevant to the claims at issue:

(a) Auto-Deduction Settings: The TimeTrack Pro system was configured to apply an automatic 30-minute meal period deduction triggered when an employee's recorded shift duration reached 6 hours at all California facilities. AMA notes that this 6-hour threshold has since been corrected to 5 hours, effective December 2022, to conform with the meal period requirements of IWC Wage Order No. 12-2001, § 11(A), which requires that an employer provide a meal period of not less than 30 minutes for any work period of more than 5 hours.

(b) Facility-by-Facility Implementation Records: The configuration records include facility-specific implementation documentation for each of AMA's seven California production facilities, as follows:

1. 8500 Sunset Boulevard, Suite 1400, West Hollywood, California 90069 (Headquarters and Post-Production) — designated as "Facility 1"

2. 4024 Penmark Strategy Partners Avenue, Studio City, California 91604 (Stage A & B — Unscripted Programming) — designated as "Facility 2"

3. 15301 Ventura Boulevard, Suite 300, Sherman Oaks, California 91403 (Digital Content Division) — designated as "Facility 3"

4. 3800 W. Alameda Avenue, Burbank, California 91505 (Live Events & Field Production) — designated as "Facility 4"

5. 1438 N. Gower Street, Hollywood, California 90028 (Scripted Development Division) — designated as "Facility 5"

6. 2120 Colorado Avenue, Santa Monica, California 90404 (E-Commerce Studio) — designated as "Facility 6"

7. 888 N. Sepulveda Boulevard, El Segundo, California 90245 (Post-Production Annex) — designated as "Facility 7"

(c) Two-Wave Rollout: The configuration records reflect that the TimeTrack Pro system was implemented in two waves. Wave 1 encompassed Facilities 1, 3, 5, and 6, which went live on or about January 14, 2019. Wave 2 encompassed Facilities 2, 4, and 7, which went live on or about March 4, 2019. The Wave 1 and Wave 2 rollout schedules, including pre-launch testing documentation and go-live certification records, are included in this production.

Bates Range: AMA-SUPP-000001 through AMA-SUPP-000412

Category 2: System Change Logs (January 2019 – April 2023)

AMA produces TimeTrack Pro system change logs reflecting modifications to configuration settings during the period from January 2019 through April 2023. These change logs are generated and maintained by the NovaPay Solutions system administration platform and record the date, time, nature, and (where available) the identity of the user who initiated each configuration change. The change logs produced include, but are not limited to, the following entries relevant to the claims at issue:

(a) Modification of the auto-deduction threshold from 6 hours to 5 hours, implemented on or about December 12, 2022, across all seven California facilities simultaneously.

(b) Activation of the Missed Meal Attestation feature at Facilities 2, 4, and 7 (Studio City, Burbank, and El Segundo), implemented on or about December 14, 2022. The change logs confirm that the Missed Meal Attestation feature had not been activated at these three facilities at any time between the Wave 2 rollout in March 2019 and the December 2022 activation.

(c) All other configuration changes recorded in the system change logs during the Class Period, including routine software updates, user permission changes, and time clock terminal assignments.

Bates Range: AMA-SUPP-000413 through AMA-SUPP-000578

Category 3: Administrative User Guides and Technical Specifications

AMA produces NovaPay Solutions user guides and technical specifications for the TimeTrack Pro system as provided to AMA at the time of implementation and periodically updated thereafter, to the extent such documents are within AMA's possession, custody, or control. These documents include the TimeTrack Pro Administrator's Manual (Version 4.2, dated January 2019), the TimeTrack Pro Client Configuration Reference Guide, and the NovaPay Solutions Meal & Rest Break Compliance Module — Feature Overview document.

AMA does not possess, and therefore does not produce, NovaPay Solutions' proprietary source code, internal technical documentation, backend system architecture documents, database schemas, or any other documents reflecting the internal workings of the NovaPay Solutions software platform. Such documents are within the exclusive possession of NovaPay Solutions Inc. and are not within AMA's possession, custody, or control.

Bates Range: AMA-SUPP-000579 through AMA-SUPP-000843

Production Notes for RFP No. 14:

Total documents produced responsive to Request for Production No. 14 (supplemental): 843 pages. All documents produced in response to this Request are designated CONFIDENTIAL pursuant to Paragraph 4(a) of the Protective Order.

SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 27

REQUEST FOR PRODUCTION NO. 27:

All DOCUMENTS relating to the "Missed Meal Attestation" feature of the NovaPay Solutions TimeTrack Pro system, including but not limited to records showing when the feature was activated or deactivated at each AMA California facility, the identity of any PERSON who activated or deactivated the feature, usage logs and attestation records, and any COMMUNICATIONS regarding the feature's operation or availability.

OBJECTIONS (Restated and Supplemented):

AMA restates and incorporates by reference all General Objections set forth above and in AMA's initial responses. In addition, AMA interposes the following specific objections:

AMA objects to this Request to the extent it is overbroad in seeking "any communications" regarding the Missed Meal Attestation feature without limitation as to custodian, time period, or subject matter. A search for "any communications" regarding the feature's "operation or availability" across AMA's entire email system would be unduly burdensome and disproportionate to the needs of the case, as it could encompass thousands of routine operational messages between IT support staff, facility managers, and payroll personnel. AMA's supplemental production of communications responsive to this Request is limited to communications among the seven custodians identified in the ESI Protocol Stipulation and Order entered on January 13, 2023, specifically: (1) Lorraine Okafor, Senior Vice President of Human Resources; (2) Gregory Tanaka, Vice President of Legal & Compliance; (3) Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc. (third-party custodian, limited to communications with AMA personnel); (4) Jonathan Mercer, President; (5) Celine Arroyo, Director of Production Operations; (6) Dwayne Prescott, Vice President of Unscripted Programming; and (7) Karen Fong, Payroll Manager.

AMA further objects to the production of individual, employee-level attestation records for all putative class members as unduly burdensome. The putative class includes approximately 1,400 current and former non-exempt employees across seven facilities over a period exceeding four years. The production of individual attestation records for each employee for each shift during the Class Period would require the extraction, processing, and review of hundreds of thousands of individual records. AMA produces aggregate attestation usage data in summary form, which provides the information necessary to evaluate the operation of the Missed Meal Attestation feature without imposing undue burden on AMA.

SUPPLEMENTAL RESPONSE:

Subject to and without waiving the foregoing objections, AMA supplements its prior response to Request for Production No. 27 and produces the following categories of documents:

Category 1: Attestation Feature Activation/Deactivation Logs

AMA produces historical activation and deactivation logs from the NovaPay Solutions system administration records reflecting the status of the Missed Meal Attestation feature at each of AMA's seven California facilities throughout the Class Period. These logs show the following:

Facilities where the Missed Meal Attestation feature was ACTIVATED at initial rollout:

• Facility 1 (West Hollywood HQ — 8500 Sunset Boulevard): Activated on or about January 14, 2019, in connection with the Wave 1 rollout. The feature has remained continuously active since that date.

• Facility 3 (Sherman Oaks — 15301 Ventura Boulevard): Activated on or about January 14, 2019, in connection with the Wave 1 rollout. The feature has remained continuously active since that date.

• Facility 5 (Hollywood — 1438 N. Gower Street): Activated on or about January 14, 2019, in connection with the Wave 1 rollout. The feature has remained continuously active since that date.

• Facility 6 (Santa Monica — 2120 Colorado Avenue): Activated on or about January 14, 2019, in connection with the Wave 1 rollout. The feature has remained continuously active since that date.

Facilities where the Missed Meal Attestation feature was NOT ACTIVATED at initial rollout:

• Facility 2 (Studio City — 4024 Penmark Strategy Partners Avenue): The Missed Meal Attestation feature was not activated at the time of the Wave 2 rollout on or about March 4, 2019. The feature was subsequently activated on or about December 14, 2022.

• Facility 4 (Burbank — 3800 W. Alameda Avenue): The Missed Meal Attestation feature was not activated at the time of the Wave 2 rollout on or about March 4, 2019. The feature was subsequently activated on or about December 14, 2022.

• Facility 7 (El Segundo — 888 N. Sepulveda Boulevard): The Missed Meal Attestation feature was not activated at the time of the Wave 2 rollout on or about March 4, 2019. The feature was subsequently activated on or about December 14, 2022.

With respect to the identity of the person responsible for the failure to activate the Missed Meal Attestation feature at Facilities 2, 4, and 7 during the March 2019 Wave 2 rollout, the system administration logs produced herewith do not identify the specific individual who failed to activate the feature at these facilities. Karen Fong, Payroll Manager, was involved in the system rollout process, but at her deposition on March 10, 2023, Ms. Fong testified that she could not recall who was responsible for activating the Missed Meal Attestation feature at each individual facility during the Wave 2 rollout. The activation of the feature at all three facilities in December 2022 was directed by Lorraine Okafor, Senior Vice President of Human Resources, following the identification of the discrepancy in connection with the filing of this litigation.

Bates Range: AMA-SUPP-000844 through AMA-SUPP-001102

Category 2: Aggregate Attestation Usage Data (By Facility)

AMA produces summary reports reflecting aggregate Missed Meal Attestation usage rates at each facility where the feature was activated, for the period from January 2019 through December 2022. The aggregate data reflects the following attestation rates by facility:

For purposes of the foregoing summary, "Eligible Shifts" is defined as shifts of 6 hours or more in duration where the automatic meal period deduction was applied by the TimeTrack Pro system. AMA notes that this 6-hour threshold reflects the system configuration that was in effect during the relevant period, and that the applicable legal threshold under IWC Wage Order No. 12-2001, § 11(A), requires a meal period for work periods of more than 5 hours. The 6-hour configuration setting was corrected to 5 hours in December 2022. Accordingly, the attestation usage data may not capture attestation activity for shifts between 5 and 6 hours in duration where no auto-deduction was applied (and therefore no attestation prompt was triggered).

Bates Range: AMA-SUPP-001103 through AMA-SUPP-001287

Category 3: Communications Regarding Attestation Feature

AMA produces internal emails and communications among the identified custodians regarding the Missed Meal Attestation feature, including the following categories:

(a) Communications regarding the initial TimeTrack Pro system rollout (January through March 2019), to the extent such communications reference the Missed Meal Attestation feature or its activation status.

(b) Communications regarding the discovery of the deactivation of the Missed Meal Attestation feature at Facilities 2, 4, and 7, occurring in or about November 2022.

(c) Communications directing and confirming the activation of the Missed Meal Attestation feature at Facilities 2, 4, and 7, occurring in or about December 2022.

Certain communications responsive to this Request have been withheld on the basis of the attorney-client privilege or the work product doctrine. Specifically, communications between AMA personnel and attorneys at Calderwood & Harkness LLP concerning the legal implications of the attestation feature deactivation, litigation strategy, and remedial measures have been withheld as privileged. All such documents are identified on the supplemental privilege log served concurrently herewith, in accordance with California Code of Civil Procedure § 2031.240(c)(1).

Bates Range: AMA-SUPP-001288 through AMA-SUPP-001654

Production Notes for RFP No. 27:

Total documents produced responsive to Request for Production No. 27 (supplemental): 811 pages. Documents produced in response to this Request are designated CONFIDENTIAL pursuant to Paragraph 4(a) of the Protective Order. Aggregate attestation usage data (Category 2) is designated HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY pursuant to Paragraph 4(b) of the Protective Order, as it contains proprietary operational and workforce management data the disclosure of which could cause competitive harm to AMA.

SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 33

REQUEST FOR PRODUCTION NO. 33:

All DOCUMENTS relating to any training, instruction, guidance, or COMMUNICATION provided to AMA EMPLOYEES (including supervisors, managers, and non-exempt hourly employees) regarding the NovaPay Solutions TimeTrack Pro system, meal period and rest period policies, the Missed Meal Attestation feature, or the automatic meal period deduction.

OBJECTIONS (Restated and Supplemented):

AMA restates and incorporates by reference all General Objections set forth above and in AMA's initial responses. In addition, AMA interposes the following specific objections:

AMA objects to this Request to the extent it is overbroad in seeking "any communication" regarding the TimeTrack Pro timekeeping system provided to any AMA employee, which could encompass thousands of routine operational emails between managers and staff regarding day-to-day timekeeping questions, clock-in/clock-out reminders, schedule changes, and other matters that are not relevant to the specific claims at issue. AMA limits its supplemental production to formal training materials, written policies, instructional guides, and communications specifically addressing employee instruction on the TimeTrack Pro system, the Missed Meal Attestation feature, and the automatic meal period deduction.

SUPPLEMENTAL RESPONSE:

Subject to and without waiving the foregoing objections, AMA supplements its prior response to Request for Production No. 33 and produces the following categories of documents:

Category 1: Employee Handbook Excerpts

AMA produces relevant excerpts from the AMA Employee Handbook (revised March 2021), specifically the following sections:

(a) Section 4.3 (Meal Periods): This section sets forth AMA's meal period policy, providing in relevant part that "all non-exempt employees are entitled to a 30-minute uninterrupted meal period" for shifts exceeding five hours, and a second meal period for shifts exceeding ten hours. The policy further states that employees "should notify their supervisor if they are unable to take a meal period for any reason." The policy references the applicable requirements of the California Labor Code and the applicable IWC Wage Order.

(b) Section 4.4 (Rest Periods): This section sets forth AMA's rest period policy, providing that non-exempt employees are entitled to a paid rest period of 10 minutes for every 4 hours worked, or major fraction thereof. The policy states that rest periods should be taken as close to the middle of each 4-hour work period as practicable.

(c) Section 4.7 (Timekeeping): This section addresses employee use of the TimeTrack Pro system for recording work hours, and states that employees are responsible for accurately recording all time worked and that falsification of time records is grounds for disciplinary action, up to and including termination.

AMA notes that the Employee Handbook does not contain a specific reference to the Missed Meal Attestation feature of the TimeTrack Pro system, nor does it contain specific instructions on how employees should use the attestation feature to report a missed, late, or interrupted meal period.

Bates Range: AMA-SUPP-001655 through AMA-SUPP-001742

Category 2: Standalone Meal and Rest Break Policy

AMA produces its standalone Meal and Rest Break Policy, effective January 1, 2019, and last revised in March 2021. This policy was distributed to all non-exempt employees at the time of hire and upon each revision. The Meal and Rest Break Policy addresses meal period and rest period requirements under California law, including the requirements of California Labor Code §§ 226.7 and 512 and the applicable IWC Wage Order. The policy states that employees who are not provided a compliant meal or rest period are entitled to one additional hour of pay at the employee's regular rate of compensation.

AMA notes that the Meal and Rest Break Policy does not contain a specific reference to the TimeTrack Pro Missed Meal Attestation feature, nor does it provide instructions to employees on how to use the attestation feature to report a missed, late, or interrupted meal period.

Bates Range: AMA-SUPP-001743 through AMA-SUPP-001798

Category 3: TimeTrack Pro Training Materials

AMA has conducted a diligent search of its records, including the files maintained by the Human Resources Department, the Production Operations Department, and the Payroll Department, and has not identified any formal classroom training materials, online training modules, Northgate Services Inc. presentations, or written instructional guides specifically addressing the Missed Meal Attestation feature of the TimeTrack Pro system.

AMA has identified the following related training materials, which are produced herewith:

(a) TimeTrack Pro "Quick Start Guide": A single-page laminated card that was posted near the time clock terminals at each of AMA's seven California facilities. The Quick Start Guide provides basic clock-in and clock-out instructions, including how to enter the employee's identification number and how to record the beginning and end of a shift. The Quick Start Guide does not reference the Missed Meal Attestation feature, does not instruct employees on how to use the attestation feature, and does not inform employees that the system applies an automatic meal period deduction.

(b) New Hire Onboarding Checklist (HR Form): AMA's standard new hire onboarding checklist, used by the Human Resources Department during the employee onboarding process, includes a line item stating: "Review timekeeping system with employee." However, no specific script, talking points, or written instructions are attached to or associated with this line item regarding the Missed Meal Attestation feature or the automatic meal period deduction.

(c) General Onboarding Practice: AMA's onboarding practice during the Class Period was that managers were expected to familiarize new employees with the time clock system during the onboarding process. Lorraine Okafor, Senior Vice President of Human Resources, testified at her deposition on March 3, 2023, that "managers were expected to familiarize employees with the time clock system during onboarding," but acknowledged that no standardized training materials were developed for this purpose, and that the Human Resources Department did not verify or audit whether individual managers actually provided such instruction to new hires.

Bates Range: AMA-SUPP-001799 through AMA-SUPP-001876

Category 4: Supervisor Communications Regarding Meal/Rest Break Compliance

AMA produces internal emails from Lorraine Okafor, Senior Vice President of Human Resources, and Celine Arroyo, Director of Production Operations, to Unit Production Managers ("UPMs") and Line Producers at various AMA California facilities regarding meal and rest break compliance. These communications include scheduling reminders, general compliance guidance regarding IWC Wage Order No. 12-2001 requirements, and directives to ensure that production schedules accommodate required meal and rest periods.

AMA notes that these communications address general meal and rest break compliance guidance but do not specifically instruct supervisors on the Missed Meal Attestation feature of the TimeTrack Pro system or provide guidance on how to inform employees about the availability or use of the attestation feature.

Bates Range: AMA-SUPP-001877 through AMA-SUPP-002134

Production Notes for RFP No. 33:

Total documents produced responsive to Request for Production No. 33 (supplemental): 480 pages. All documents produced in response to this Request are designated CONFIDENTIAL pursuant to Paragraph 4(a) of the Protective Order.

AMA acknowledges that the absence of formal training materials specifically addressing the Missed Meal Attestation feature of the TimeTrack Pro system is a factual matter reflected in the production. AMA does not concede, however, that any legal duty required AMA to develop or provide specific training to employees on the Missed Meal Attestation feature, and AMA expressly reserves all arguments and defenses on this issue.

SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 41

REQUEST FOR PRODUCTION NO. 41:

All DOCUMENTS relating to any internal investigation, audit, review, or assessment of AMA's wage-and-hour practices, meal and rest break compliance, timekeeping practices, or EMPLOYEE classification conducted at any time during the CLASS PERIOD, including but not limited to data loss prevention audits, IT security audits, and compliance reviews.

OBJECTIONS (Restated and Supplemented):

AMA restates and incorporates by reference all General Objections set forth above and in AMA's initial responses. In addition, AMA interposes the following specific objections:

AMA objects to this Request to the extent it seeks documents protected by the attorney-client privilege and/or the work product doctrine, including but not limited to communications between AMA personnel and attorneys at Calderwood & Harkness LLP, litigation strategy memoranda, legal analyses, and documents prepared in anticipation of litigation. AMA has withheld such documents and has identified them on the supplemental privilege log served concurrently herewith.

AMA objects to this Request to the extent it is overbroad in seeking "any" audit, review, or assessment regardless of its relevance to the wage-and-hour claims at issue in this class action. AMA conducts numerous internal reviews and audits in the ordinary course of its business, many of which have no bearing on the claims asserted by Plaintiffs.

AMA specifically objects to this Request to the extent it seeks documents relating to the Data Loss Prevention ("DLP") audit conducted in connection with the separate individual action, Aldrich v. Aurelius Media Americas Inc., Case No. 22STCV41087 (assigned to Hon. Catherine Villanueva, Dept. 52). The DLP audit was initiated in August 2022 as a routine IT security audit and pertains to the conduct of former Senior Vice President Gavin Aldrich, including allegations of unauthorized transmission of confidential company information, which are the subject of the separate Aldrich litigation. The DLP audit and the underlying factual matters it addresses are not relevant to the class wage-and-hour claims asserted in this action.

Subject to the foregoing objections, AMA limits its supplemental production to non-privileged documents relating to internal reviews of wage-and-hour compliance and timekeeping practices during the Class Period.

SUPPLEMENTAL RESPONSE:

Subject to and without waiving the foregoing objections, AMA supplements its prior response to Request for Production No. 41 and produces the following categories of documents:

Category 1: Internal Wage-and-Hour Compliance Reviews

AMA produces documents reflecting AMA's periodic reviews of wage-and-hour compliance practices, conducted by the Human Resources Department under the direction of Lorraine Okafor, Senior Vice President of Human Resources, and the Legal & Compliance Department under the direction of Gregory Tanaka, Vice President of Legal & Compliance. The documents produced in this category include the following:

(a) Annual Compliance Review Summaries (FY 2019, 2020, 2021, 2022): Annual memoranda summarizing the results of AMA's internal reviews of compliance with California wage-and-hour requirements, including meal and rest period policies, overtime calculations, and wage statement accuracy. These reviews were conducted as part of AMA's standard annual compliance review process.

(b) Internal Audit of Meal Period Premium Payments (Q2 2021): An internal audit conducted by Karen Fong, Payroll Manager, in the second quarter of 2021, reviewing a sample of payroll records from each California facility to assess whether meal period premiums were being properly calculated and paid to employees who did not receive compliant meal periods. The audit reviewed a random sample of payroll records and assessed premium payment accuracy for the sample reviewed.

(c) Employee Complaint Records: Summary records of 14 formal employee complaints regarding meal and rest break issues received by the Human Resources Department during the Class Period. These complaints were submitted by employees at 5 of AMA's 7 California facilities and from 8 of AMA's 14 active show units during the relevant period. Investigation and disposition records for each complaint are included in the production. Of the 14 complaints, 9 resulted in the payment of meal or rest period premiums to the complaining employees, and 5 resulted in determinations by the Human Resources Department that compliant meal or rest breaks had been provided.

Bates Range: AMA-SUPP-002135 through AMA-SUPP-002987

Category 2: TimeTrack Pro System Review (December 2022)

AMA produces documents relating to the review of the TimeTrack Pro system configuration conducted in November and December 2022 following the filing of this litigation, to the extent such documents are not protected by the attorney-client privilege or the work product doctrine. The non-privileged documents produced in this category include:

(a) Records reflecting the identification of the Missed Meal Attestation feature deactivation at Facilities 2 (Studio City), 4 (Burbank), and 7 (El Segundo), discovered during the system review.

(b) Records reflecting the identification of the 6-hour auto-deduction threshold configured in the TimeTrack Pro system, as compared to the 5-hour threshold required under IWC Wage Order No. 12-2001, § 11(A).

(c) Records reflecting the corrective actions implemented in December 2022, including the activation of the Missed Meal Attestation feature at all California facilities and the correction of the auto-deduction threshold from 6 hours to 5 hours.

Certain documents generated during this review are withheld in whole or in part as protected by the attorney-client privilege and/or the work product doctrine. The system review was conducted at the direction of outside counsel, Calderwood & Harkness LLP, in connection with this litigation, and certain documents generated in the course of that review reflect legal advice provided by counsel, litigation strategy assessments, and mental impressions and conclusions of counsel. All withheld documents are identified on the supplemental privilege log served concurrently herewith.

Bates Range: AMA-SUPP-002988 through AMA-SUPP-003412

Category 3: DLP Audit-Related Communications (Redacted Production)

AMA objects to the relevance of the DLP audit to the class wage-and-hour claims asserted in this action, as the DLP audit was initiated in August 2022 as a routine IT security audit and pertains primarily to the conduct of former Senior Vice President Gavin Aldrich, which is the subject of separate litigation in Aldrich v. Aurelius Media Americas Inc., Case No. 22STCV41087 (Hon. Catherine Villanueva, Dept. 52). The factual matters underlying the DLP audit — namely, allegations of unauthorized transmission of confidential company information by Mr. Aldrich — are wholly unrelated to the wage-and-hour claims asserted by Plaintiffs in this action.

Notwithstanding this objection and without waiving it, AMA produces limited DLP-audit-related communications in redacted form, solely to the extent that such communications reference or relate to the TimeTrack Pro timekeeping system or wage-and-hour practices, as distinguished from the confidential information transmission issues that are the subject of the Aldrich matter. These redacted documents are produced in an abundance of caution and in the spirit of cooperation reflected in the parties' meet-and-confer discussions.

Redactions have been applied to the produced documents to remove the following categories of content:

(a) Content relating to the termination of Gavin Aldrich and the factual basis therefor, which is protected by the separate litigation privilege applicable to the Aldrich matter and is irrelevant to the class wage-and-hour claims asserted herein.

(b) Attorney-client privileged communications between AMA personnel and attorneys at Calderwood & Harkness LLP regarding the Aldrich cross-claims, litigation strategy, and legal assessments related to the Aldrich matter.

(c) Trade secret and proprietary information regarding specific show format bibles, revenue models, and talent deal terms, which is protected under the Protective Order and is irrelevant to the class wage-and-hour claims. Such information pertains to AMA's proprietary creative content and business operations and has no bearing on the timekeeping, meal period, or rest period claims at issue.

Bates Range: AMA-SUPP-003413 through AMA-SUPP-003647

Category 4: External Auditor Communications (Limited)

AMA has conducted a diligent search and has not identified any communications with its external auditor, Graystone & Parr LLP (200 Park Avenue, Suite 3500, New York, New York 10166), specifically addressing wage-and-hour compliance during the Class Period. Graystone & Parr conducted annual financial audits of AMA for fiscal years 2020, 2021, and 2022 as part of the consolidated global audit of Aurelius Global Media Group PLC, AMA's ultimate parent company. However, the scope of those annual financial audits did not include a specific review or assessment of AMA's compliance with California wage-and-hour laws, and AMA has not identified any audit workpapers, management letters, or other communications from Graystone & Parr that address wage-and-hour compliance or timekeeping practices at AMA's California facilities.

No documents responsive to this category are produced.

Bates Range: N/A

Production Notes for RFP No. 41:

Total documents produced responsive to Request for Production No. 41 (supplemental): 1,513 pages, including redacted documents. Documents produced in response to this Request are designated CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, as applicable, pursuant to the Protective Order. The supplemental privilege log served concurrently herewith identifies 47 documents withheld in whole or in part on the basis of the attorney-client privilege and/or the work product doctrine.

PRIVILEGE LOG NOTICE

AMA serves concurrently herewith a supplemental privilege log identifying all documents withheld in whole or in part from the supplemental production made in connection with these Supplemental Responses. The supplemental privilege log identifies a total of 47 documents withheld on the following bases:

(a) Attorney-Client Privilege: Communications between AMA personnel (including Lorraine Okafor, Gregory Tanaka, Jonathan Mercer, Celine Arroyo, and Karen Fong) and attorneys at Calderwood & Harkness LLP (including Devon Archer, Priya Ramanathan, and Eric Lindstrom) regarding litigation strategy, case assessment, legal advice concerning wage-and-hour compliance, and legal advice concerning remedial actions in response to the identification of the TimeTrack Pro system configuration issues.

(b) Work Product Doctrine: Memoranda, analyses, spreadsheets, and correspondence prepared by or at the direction of counsel at Calderwood & Harkness LLP in anticipation of this litigation, reflecting counsel's mental impressions, conclusions, opinions, and legal theories regarding AMA's potential liability exposure and defense strategy.

The supplemental privilege log provides the date, author(s), recipient(s), general subject matter description, and specific basis for withholding of each document, consistent with the requirements of California Code of Civil Procedure § 2031.240(c)(1). AMA does not waive any privilege or protection by producing the privilege log or by describing the general subject matter of the withheld documents.

VERIFICATION

I, Gregory Tanaka, declare as follows:

I am the Vice President of Legal & Compliance of Aurelius Media Americas Inc., the Defendant in the above-captioned action. I am authorized to make this verification on behalf of Aurelius Media Americas Inc. I have read the foregoing Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents, Nos. 14, 27, 33, and 41, and the factual statements contained therein are true and correct to the best of my knowledge, information, and belief. This verification is made pursuant to California Code of Civil Procedure § 2031.250.

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

Executed on April 21, 2023, at Los Angeles, California.

________________________________________

Gregory Tanaka Vice President, Legal & Compliance Aurelius Media Americas Inc.

Dated: April 21, 2023

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, the undersigned, 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 am not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017.

On April 21, 2023, I served the foregoing document described as DEFENDANT AURELIUS MEDIA AMERICAS INC.'S SUPPLEMENTAL RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS, NOS. 14, 27, 33, AND 41 on the interested parties in this action by transmitting a true and correct copy via electronic mail to the following persons at the email addresses indicated 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

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

Email: tkim@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 April 21, 2023, at Los Angeles, California.

________________________________________

[Name]

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

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

Defendants.

Facility	Location	Attestation Rate (% of Eligible Shifts)	Period Covered
Facility 1	West Hollywood HQ	2.3%	Jan. 2019 – Dec. 2022
Facility 3	Sherman Oaks	4.1%	Jan. 2019 – Dec. 2022
Facility 5	Hollywood	1.8%	Jan. 2019 – Dec. 2022
Facility 6	Santa Monica	3.7%	Jan. 2019 – Dec. 2022
Facility 2	Studio City	No data available	Feature not activated until Dec. 2022
Facility 4	Burbank	No data available	Feature not activated until Dec. 2022
Facility 7	El Segundo	No data available	Feature not activated until Dec. 2022

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
DEFENDANT AURELIUS MEDIA AMERICAS INC.'S SUPPLEMENTAL RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS, NOS. 14, 27, 33, AND 41
PRELIMINARY STATEMENT
Defendant Aurelius Media Americas Inc. ("AMA" or "Defendant"), by and through its counsel of record, Calderwood & Harkness LLP, hereby serves these Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents, Nos. 14, 27, 33, and 41, pursuant to California Code of Civil Procedure § 2031.310 and the parties' meet-and-confer correspondence and telephonic discussions conducted in connection therewith.
These Supplemental Responses are served following the meet-and-confer letter from Calderwood & Harkness LLP (Devon Archer) to Castellano Byrne & Salas LLP (Marco Castellano) dated March 17, 2023, and the subsequent telephonic meet-and-confer discussions held on March 22, 2023, March 29, 2023, and April 5, 2023, during which counsel for the parties identified the specific categories of documents to be addressed in AMA's supplemental production.
AMA's initial responses to Plaintiffs' First Set of Requests for Production of Documents (Nos. 1 through 62) were served on March 24, 2023. These Supplemental Responses address only Requests for Production Nos. 14, 27, 33, and 41 and do not modify, amend, or supersede AMA's initial responses to any other Requests for Production except as expressly stated herein.
These Supplemental Responses are made without waiver of any objections set forth in AMA's initial responses served on March 24, 2023, and all prior general and specific objections are expressly incorporated herein by reference as though set forth in full. AMA's agreement to supplement its responses to the four identified requests does not constitute a waiver of any objection, and AMA's production of documents in connection with these Supplemental Responses does not constitute an admission as to the relevance, admissibility, or authenticity of any document produced.
Documents produced in connection with these Supplemental Responses are designated CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, as applicable, pursuant to the Stipulated Protective Order entered by the Court on February 15, 2023 (the "Protective Order"). Any use or disclosure of documents bearing such designations shall be governed by the terms of the Protective Order.
This supplemental production is made in accordance with the ESI Protocol Stipulation and Order entered by the Court on January 13, 2023, including the agreed-upon format specifications, de-duplication protocols, and search term parameters set forth therein. Documents produced herewith are Bates-stamped AMA-SUPP-000001 through AMA-SUPP-003847.
GENERAL OBJECTIONS (INCORPORATED BY REFERENCE)
AMA incorporates by reference all General Objections set forth in AMA's initial responses to Plaintiffs' First Set of Requests for Production of Documents, served on March 24, 2023, as though fully set forth herein. Without limiting the generality of the foregoing, AMA specifically restates the following General Objections:
1. AMA objects to each Request to the extent it seeks information or documents protected from disclosure by the attorney-client privilege, the work product doctrine, or any other applicable privilege or immunity from discovery. Any inadvertent production of privileged or protected materials shall not constitute a waiver of any privilege or protection, consistent with California Evidence Code § 912 and the terms of the Protective Order.
2. AMA objects to each Request to the extent it is overbroad, unduly burdensome, or seeks discovery that is disproportionate to the needs of the case in light of the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit, as set forth in California Code of Civil Procedure § 2017.020.
3. AMA objects to each Request to the extent it seeks trade secrets, proprietary business information, or commercially sensitive information beyond the scope of the Protective Order or the matters at issue in this litigation. AMA produces documents containing such information only to the extent required by applicable law and subject to the protections afforded by the Protective Order.
4. AMA objects to each Request to the extent it calls for the production of documents not within AMA's possession, custody, or control, including documents in the possession of third parties, affiliated entities, or former employees.
5. AMA reserves the right to supplement or amend these responses as additional information becomes available through ongoing investigation and discovery, including depositions, third-party discovery, and document review. AMA's responses are based upon the information and documents reasonably available to it as of the date hereof.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 14
REQUEST FOR PRODUCTION NO. 14:
All DOCUMENTS relating to the configuration, setup, implementation, modification, or administration of the NovaPay Solutions "TimeTrack Pro" timekeeping system used by AMA at any California facility during the CLASS PERIOD (November 1, 2018 to present), including but not limited to system configuration records, implementation guides, change logs, and administrative settings documentation.
OBJECTIONS (Restated and Supplemented):
AMA restates and incorporates by reference all General Objections set forth above and in AMA's initial responses. In addition, AMA interposes the following specific objections:
AMA objects to this Request to the extent it is overbroad in seeking "all" system documentation regardless of relevance to the specific wage-and-hour claims at issue in this class action, including meal and rest period claims, claims for failure to pay all wages due, and claims for inaccurate wage statements. The TimeTrack Pro system is a comprehensive enterprise timekeeping platform with numerous modules and configuration parameters, many of which have no bearing on the claims asserted by Plaintiffs. AMA limits its supplemental production to configuration records, change logs, and documentation relevant to the meal period auto-deduction feature, the Missed Meal Attestation feature, and the timekeeping functionality at issue in this action.
AMA objects to this Request to the extent it seeks proprietary NovaPay Solutions technical documentation that is not within AMA's possession, custody, or control. Certain technical specifications, source code, backend architecture documents, and proprietary system documentation are in the exclusive possession of third party NovaPay Solutions Inc. Plaintiffs may direct discovery for such documents to NovaPay Solutions Inc. pursuant to the third-party subpoena issued on February 8, 2023, directed to Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc., 2200 Powell Street, Suite 600, Emeryville, California 94608.
AMA further objects to this Request to the extent it seeks documents pre-dating January 1, 2019. AMA's contractual engagement with NovaPay Solutions Inc. commenced on January 1, 2019, and no TimeTrack Pro system records exist prior to that date. To the extent the Class Period commences on November 1, 2018, AMA's timekeeping during the period from November 1, 2018 through December 31, 2018 was conducted through a separate system (Meridian Health IT), and documents relating to that system are addressed in AMA's initial response to Request for Production No. 12.
SUPPLEMENTAL RESPONSE:
Subject to and without waiving the foregoing objections, AMA supplements its prior response to Request for Production No. 14 and produces the following categories of documents:
Category 1: TimeTrack Pro Initial Configuration Records (January 2019)
AMA produces system configuration documentation from the initial TimeTrack Pro implementation in January 2019, including the NovaPay Solutions Implementation Workbook, the AMA Configuration Specification Sheet, and the signed System Acceptance Forms for each facility.
These configuration records reflect the following parameters relevant to the claims at issue:
(a) Auto-Deduction Settings: The TimeTrack Pro system was configured to apply an automatic 30-minute meal period deduction triggered when an employee's recorded shift duration reached 6 hours at all California facilities. AMA notes that this 6-hour threshold has since been corrected to 5 hours, effective December 2022, to conform with the meal period requirements of IWC Wage Order No. 12-2001, § 11(A), which requires that an employer provide a meal period of not less than 30 minutes for any work period of more than 5 hours.
(b) Facility-by-Facility Implementation Records: The configuration records include facility-specific implementation documentation for each of AMA's seven California production facilities, as follows:
1. 8500 Sunset Boulevard, Suite 1400, West Hollywood, California 90069 (Headquarters and Post-Production) — designated as "Facility 1"
2. 4024 Penmark Strategy Partners Avenue, Studio City, California 91604 (Stage A & B — Unscripted Programming) — designated as "Facility 2"
3. 15301 Ventura Boulevard, Suite 300, Sherman Oaks, California 91403 (Digital Content Division) — designated as "Facility 3"
4. 3800 W. Alameda Avenue, Burbank, California 91505 (Live Events & Field Production) — designated as "Facility 4"
5. 1438 N. Gower Street, Hollywood, California 90028 (Scripted Development Division) — designated as "Facility 5"
6. 2120 Colorado Avenue, Santa Monica, California 90404 (E-Commerce Studio) — designated as "Facility 6"
7. 888 N. Sepulveda Boulevard, El Segundo, California 90245 (Post-Production Annex) — designated as "Facility 7"
(c) Two-Wave Rollout: The configuration records reflect that the TimeTrack Pro system was implemented in two waves. Wave 1 encompassed Facilities 1, 3, 5, and 6, which went live on or about January 14, 2019. Wave 2 encompassed Facilities 2, 4, and 7, which went live on or about March 4, 2019. The Wave 1 and Wave 2 rollout schedules, including pre-launch testing documentation and go-live certification records, are included in this production.
Bates Range: AMA-SUPP-000001 through AMA-SUPP-000412
Category 2: System Change Logs (January 2019 – April 2023)
AMA produces TimeTrack Pro system change logs reflecting modifications to configuration settings during the period from January 2019 through April 2023. These change logs are generated and maintained by the NovaPay Solutions system administration platform and record the date, time, nature, and (where available) the identity of the user who initiated each configuration change. The change logs produced include, but are not limited to, the following entries relevant to the claims at issue:
(a) Modification of the auto-deduction threshold from 6 hours to 5 hours, implemented on or about December 12, 2022, across all seven California facilities simultaneously.
(b) Activation of the Missed Meal Attestation feature at Facilities 2, 4, and 7 (Studio City, Burbank, and El Segundo), implemented on or about December 14, 2022. The change logs confirm that the Missed Meal Attestation feature had not been activated at these three facilities at any time between the Wave 2 rollout in March 2019 and the December 2022 activation.
(c) All other configuration changes recorded in the system change logs during the Class Period, including routine software updates, user permission changes, and time clock terminal assignments.
Bates Range: AMA-SUPP-000413 through AMA-SUPP-000578
Category 3: Administrative User Guides and Technical Specifications
AMA produces NovaPay Solutions user guides and technical specifications for the TimeTrack Pro system as provided to AMA at the time of implementation and periodically updated thereafter, to the extent such documents are within AMA's possession, custody, or control. These documents include the TimeTrack Pro Administrator's Manual (Version 4.2, dated January 2019), the TimeTrack Pro Client Configuration Reference Guide, and the NovaPay Solutions Meal & Rest Break Compliance Module — Feature Overview document.
AMA does not possess, and therefore does not produce, NovaPay Solutions' proprietary source code, internal technical documentation, backend system architecture documents, database schemas, or any other documents reflecting the internal workings of the NovaPay Solutions software platform. Such documents are within the exclusive possession of NovaPay Solutions Inc. and are not within AMA's possession, custody, or control.
Bates Range: AMA-SUPP-000579 through AMA-SUPP-000843
Production Notes for RFP No. 14:
Total documents produced responsive to Request for Production No. 14 (supplemental): 843 pages. All documents produced in response to this Request are designated CONFIDENTIAL pursuant to Paragraph 4(a) of the Protective Order.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 27
REQUEST FOR PRODUCTION NO. 27:
All DOCUMENTS relating to the "Missed Meal Attestation" feature of the NovaPay Solutions TimeTrack Pro system, including but not limited to records showing when the feature was activated or deactivated at each AMA California facility, the identity of any PERSON who activated or deactivated the feature, usage logs and attestation records, and any COMMUNICATIONS regarding the feature's operation or availability.
OBJECTIONS (Restated and Supplemented):
AMA restates and incorporates by reference all General Objections set forth above and in AMA's initial responses. In addition, AMA interposes the following specific objections:
AMA objects to this Request to the extent it is overbroad in seeking "any communications" regarding the Missed Meal Attestation feature without limitation as to custodian, time period, or subject matter. A search for "any communications" regarding the feature's "operation or availability" across AMA's entire email system would be unduly burdensome and disproportionate to the needs of the case, as it could encompass thousands of routine operational messages between IT support staff, facility managers, and payroll personnel. AMA's supplemental production of communications responsive to this Request is limited to communications among the seven custodians identified in the ESI Protocol Stipulation and Order entered on January 13, 2023, specifically: (1) Lorraine Okafor, Senior Vice President of Human Resources; (2) Gregory Tanaka, Vice President of Legal & Compliance; (3) Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc. (third-party custodian, limited to communications with AMA personnel); (4) Jonathan Mercer, President; (5) Celine Arroyo, Director of Production Operations; (6) Dwayne Prescott, Vice President of Unscripted Programming; and (7) Karen Fong, Payroll Manager.
AMA further objects to the production of individual, employee-level attestation records for all putative class members as unduly burdensome. The putative class includes approximately 1,400 current and former non-exempt employees across seven facilities over a period exceeding four years. The production of individual attestation records for each employee for each shift during the Class Period would require the extraction, processing, and review of hundreds of thousands of individual records. AMA produces aggregate attestation usage data in summary form, which provides the information necessary to evaluate the operation of the Missed Meal Attestation feature without imposing undue burden on AMA.
SUPPLEMENTAL RESPONSE:
Subject to and without waiving the foregoing objections, AMA supplements its prior response to Request for Production No. 27 and produces the following categories of documents:
Category 1: Attestation Feature Activation/Deactivation Logs
AMA produces historical activation and deactivation logs from the NovaPay Solutions system administration records reflecting the status of the Missed Meal Attestation feature at each of AMA's seven California facilities throughout the Class Period. These logs show the following:
Facilities where the Missed Meal Attestation feature was ACTIVATED at initial rollout:
• Facility 1 (West Hollywood HQ — 8500 Sunset Boulevard): Activated on or about January 14, 2019, in connection with the Wave 1 rollout. The feature has remained continuously active since that date.
• Facility 3 (Sherman Oaks — 15301 Ventura Boulevard): Activated on or about January 14, 2019, in connection with the Wave 1 rollout. The feature has remained continuously active since that date.
• Facility 5 (Hollywood — 1438 N. Gower Street): Activated on or about January 14, 2019, in connection with the Wave 1 rollout. The feature has remained continuously active since that date.
• Facility 6 (Santa Monica — 2120 Colorado Avenue): Activated on or about January 14, 2019, in connection with the Wave 1 rollout. The feature has remained continuously active since that date.
Facilities where the Missed Meal Attestation feature was NOT ACTIVATED at initial rollout:
• Facility 2 (Studio City — 4024 Penmark Strategy Partners Avenue): The Missed Meal Attestation feature was not activated at the time of the Wave 2 rollout on or about March 4, 2019. The feature was subsequently activated on or about December 14, 2022.
• Facility 4 (Burbank — 3800 W. Alameda Avenue): The Missed Meal Attestation feature was not activated at the time of the Wave 2 rollout on or about March 4, 2019. The feature was subsequently activated on or about December 14, 2022.
• Facility 7 (El Segundo — 888 N. Sepulveda Boulevard): The Missed Meal Attestation feature was not activated at the time of the Wave 2 rollout on or about March 4, 2019. The feature was subsequently activated on or about December 14, 2022.
With respect to the identity of the person responsible for the failure to activate the Missed Meal Attestation feature at Facilities 2, 4, and 7 during the March 2019 Wave 2 rollout, the system administration logs produced herewith do not identify the specific individual who failed to activate the feature at these facilities. Karen Fong, Payroll Manager, was involved in the system rollout process, but at her deposition on March 10, 2023, Ms. Fong testified that she could not recall who was responsible for activating the Missed Meal Attestation feature at each individual facility during the Wave 2 rollout. The activation of the feature at all three facilities in December 2022 was directed by Lorraine Okafor, Senior Vice President of Human Resources, following the identification of the discrepancy in connection with the filing of this litigation.
Bates Range: AMA-SUPP-000844 through AMA-SUPP-001102
Category 2: Aggregate Attestation Usage Data (By Facility)
AMA produces summary reports reflecting aggregate Missed Meal Attestation usage rates at each facility where the feature was activated, for the period from January 2019 through December 2022. The aggregate data reflects the following attestation rates by facility:
For purposes of the foregoing summary, "Eligible Shifts" is defined as shifts of 6 hours or more in duration where the automatic meal period deduction was applied by the TimeTrack Pro system. AMA notes that this 6-hour threshold reflects the system configuration that was in effect during the relevant period, and that the applicable legal threshold under IWC Wage Order No. 12-2001, § 11(A), requires a meal period for work periods of more than 5 hours. The 6-hour configuration setting was corrected to 5 hours in December 2022. Accordingly, the attestation usage data may not capture attestation activity for shifts between 5 and 6 hours in duration where no auto-deduction was applied (and therefore no attestation prompt was triggered).
Bates Range: AMA-SUPP-001103 through AMA-SUPP-001287
Category 3: Communications Regarding Attestation Feature
AMA produces internal emails and communications among the identified custodians regarding the Missed Meal Attestation feature, including the following categories:
(a) Communications regarding the initial TimeTrack Pro system rollout (January through March 2019), to the extent such communications reference the Missed Meal Attestation feature or its activation status.
(b) Communications regarding the discovery of the deactivation of the Missed Meal Attestation feature at Facilities 2, 4, and 7, occurring in or about November 2022.
(c) Communications directing and confirming the activation of the Missed Meal Attestation feature at Facilities 2, 4, and 7, occurring in or about December 2022.
Certain communications responsive to this Request have been withheld on the basis of the attorney-client privilege or the work product doctrine. Specifically, communications between AMA personnel and attorneys at Calderwood & Harkness LLP concerning the legal implications of the attestation feature deactivation, litigation strategy, and remedial measures have been withheld as privileged. All such documents are identified on the supplemental privilege log served concurrently herewith, in accordance with California Code of Civil Procedure § 2031.240(c)(1).
Bates Range: AMA-SUPP-001288 through AMA-SUPP-001654
Production Notes for RFP No. 27:
Total documents produced responsive to Request for Production No. 27 (supplemental): 811 pages. Documents produced in response to this Request are designated CONFIDENTIAL pursuant to Paragraph 4(a) of the Protective Order. Aggregate attestation usage data (Category 2) is designated HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY pursuant to Paragraph 4(b) of the Protective Order, as it contains proprietary operational and workforce management data the disclosure of which could cause competitive harm to AMA.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 33
REQUEST FOR PRODUCTION NO. 33:
All DOCUMENTS relating to any training, instruction, guidance, or COMMUNICATION provided to AMA EMPLOYEES (including supervisors, managers, and non-exempt hourly employees) regarding the NovaPay Solutions TimeTrack Pro system, meal period and rest period policies, the Missed Meal Attestation feature, or the automatic meal period deduction.
OBJECTIONS (Restated and Supplemented):
AMA restates and incorporates by reference all General Objections set forth above and in AMA's initial responses. In addition, AMA interposes the following specific objections:
AMA objects to this Request to the extent it is overbroad in seeking "any communication" regarding the TimeTrack Pro timekeeping system provided to any AMA employee, which could encompass thousands of routine operational emails between managers and staff regarding day-to-day timekeeping questions, clock-in/clock-out reminders, schedule changes, and other matters that are not relevant to the specific claims at issue. AMA limits its supplemental production to formal training materials, written policies, instructional guides, and communications specifically addressing employee instruction on the TimeTrack Pro system, the Missed Meal Attestation feature, and the automatic meal period deduction.
SUPPLEMENTAL RESPONSE:
Subject to and without waiving the foregoing objections, AMA supplements its prior response to Request for Production No. 33 and produces the following categories of documents:
Category 1: Employee Handbook Excerpts
AMA produces relevant excerpts from the AMA Employee Handbook (revised March 2021), specifically the following sections:
(a) Section 4.3 (Meal Periods): This section sets forth AMA's meal period policy, providing in relevant part that "all non-exempt employees are entitled to a 30-minute uninterrupted meal period" for shifts exceeding five hours, and a second meal period for shifts exceeding ten hours. The policy further states that employees "should notify their supervisor if they are unable to take a meal period for any reason." The policy references the applicable requirements of the California Labor Code and the applicable IWC Wage Order.
(b) Section 4.4 (Rest Periods): This section sets forth AMA's rest period policy, providing that non-exempt employees are entitled to a paid rest period of 10 minutes for every 4 hours worked, or major fraction thereof. The policy states that rest periods should be taken as close to the middle of each 4-hour work period as practicable.
(c) Section 4.7 (Timekeeping): This section addresses employee use of the TimeTrack Pro system for recording work hours, and states that employees are responsible for accurately recording all time worked and that falsification of time records is grounds for disciplinary action, up to and including termination.
AMA notes that the Employee Handbook does not contain a specific reference to the Missed Meal Attestation feature of the TimeTrack Pro system, nor does it contain specific instructions on how employees should use the attestation feature to report a missed, late, or interrupted meal period.
Bates Range: AMA-SUPP-001655 through AMA-SUPP-001742
Category 2: Standalone Meal and Rest Break Policy
AMA produces its standalone Meal and Rest Break Policy, effective January 1, 2019, and last revised in March 2021. This policy was distributed to all non-exempt employees at the time of hire and upon each revision. The Meal and Rest Break Policy addresses meal period and rest period requirements under California law, including the requirements of California Labor Code §§ 226.7 and 512 and the applicable IWC Wage Order. The policy states that employees who are not provided a compliant meal or rest period are entitled to one additional hour of pay at the employee's regular rate of compensation.
AMA notes that the Meal and Rest Break Policy does not contain a specific reference to the TimeTrack Pro Missed Meal Attestation feature, nor does it provide instructions to employees on how to use the attestation feature to report a missed, late, or interrupted meal period.
Bates Range: AMA-SUPP-001743 through AMA-SUPP-001798
Category 3: TimeTrack Pro Training Materials
AMA has conducted a diligent search of its records, including the files maintained by the Human Resources Department, the Production Operations Department, and the Payroll Department, and has not identified any formal classroom training materials, online training modules, Northgate Services Inc. presentations, or written instructional guides specifically addressing the Missed Meal Attestation feature of the TimeTrack Pro system.
AMA has identified the following related training materials, which are produced herewith:
(a) TimeTrack Pro "Quick Start Guide": A single-page laminated card that was posted near the time clock terminals at each of AMA's seven California facilities. The Quick Start Guide provides basic clock-in and clock-out instructions, including how to enter the employee's identification number and how to record the beginning and end of a shift. The Quick Start Guide does not reference the Missed Meal Attestation feature, does not instruct employees on how to use the attestation feature, and does not inform employees that the system applies an automatic meal period deduction.
(b) New Hire Onboarding Checklist (HR Form): AMA's standard new hire onboarding checklist, used by the Human Resources Department during the employee onboarding process, includes a line item stating: "Review timekeeping system with employee." However, no specific script, talking points, or written instructions are attached to or associated with this line item regarding the Missed Meal Attestation feature or the automatic meal period deduction.
(c) General Onboarding Practice: AMA's onboarding practice during the Class Period was that managers were expected to familiarize new employees with the time clock system during the onboarding process. Lorraine Okafor, Senior Vice President of Human Resources, testified at her deposition on March 3, 2023, that "managers were expected to familiarize employees with the time clock system during onboarding," but acknowledged that no standardized training materials were developed for this purpose, and that the Human Resources Department did not verify or audit whether individual managers actually provided such instruction to new hires.
Bates Range: AMA-SUPP-001799 through AMA-SUPP-001876
Category 4: Supervisor Communications Regarding Meal/Rest Break Compliance
AMA produces internal emails from Lorraine Okafor, Senior Vice President of Human Resources, and Celine Arroyo, Director of Production Operations, to Unit Production Managers ("UPMs") and Line Producers at various AMA California facilities regarding meal and rest break compliance. These communications include scheduling reminders, general compliance guidance regarding IWC Wage Order No. 12-2001 requirements, and directives to ensure that production schedules accommodate required meal and rest periods.
AMA notes that these communications address general meal and rest break compliance guidance but do not specifically instruct supervisors on the Missed Meal Attestation feature of the TimeTrack Pro system or provide guidance on how to inform employees about the availability or use of the attestation feature.
Bates Range: AMA-SUPP-001877 through AMA-SUPP-002134
Production Notes for RFP No. 33:
Total documents produced responsive to Request for Production No. 33 (supplemental): 480 pages. All documents produced in response to this Request are designated CONFIDENTIAL pursuant to Paragraph 4(a) of the Protective Order.
AMA acknowledges that the absence of formal training materials specifically addressing the Missed Meal Attestation feature of the TimeTrack Pro system is a factual matter reflected in the production. AMA does not concede, however, that any legal duty required AMA to develop or provide specific training to employees on the Missed Meal Attestation feature, and AMA expressly reserves all arguments and defenses on this issue.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 41
REQUEST FOR PRODUCTION NO. 41:
All DOCUMENTS relating to any internal investigation, audit, review, or assessment of AMA's wage-and-hour practices, meal and rest break compliance, timekeeping practices, or EMPLOYEE classification conducted at any time during the CLASS PERIOD, including but not limited to data loss prevention audits, IT security audits, and compliance reviews.
OBJECTIONS (Restated and Supplemented):
AMA restates and incorporates by reference all General Objections set forth above and in AMA's initial responses. In addition, AMA interposes the following specific objections:
AMA objects to this Request to the extent it seeks documents protected by the attorney-client privilege and/or the work product doctrine, including but not limited to communications between AMA personnel and attorneys at Calderwood & Harkness LLP, litigation strategy memoranda, legal analyses, and documents prepared in anticipation of litigation. AMA has withheld such documents and has identified them on the supplemental privilege log served concurrently herewith.
AMA objects to this Request to the extent it is overbroad in seeking "any" audit, review, or assessment regardless of its relevance to the wage-and-hour claims at issue in this class action. AMA conducts numerous internal reviews and audits in the ordinary course of its business, many of which have no bearing on the claims asserted by Plaintiffs.
AMA specifically objects to this Request to the extent it seeks documents relating to the Data Loss Prevention ("DLP") audit conducted in connection with the separate individual action, Aldrich v. Aurelius Media Americas Inc., Case No. 22STCV41087 (assigned to Hon. Catherine Villanueva, Dept. 52). The DLP audit was initiated in August 2022 as a routine IT security audit and pertains to the conduct of former Senior Vice President Gavin Aldrich, including allegations of unauthorized transmission of confidential company information, which are the subject of the separate Aldrich litigation. The DLP audit and the underlying factual matters it addresses are not relevant to the class wage-and-hour claims asserted in this action.
Subject to the foregoing objections, AMA limits its supplemental production to non-privileged documents relating to internal reviews of wage-and-hour compliance and timekeeping practices during the Class Period.
SUPPLEMENTAL RESPONSE:
Subject to and without waiving the foregoing objections, AMA supplements its prior response to Request for Production No. 41 and produces the following categories of documents:
Category 1: Internal Wage-and-Hour Compliance Reviews
AMA produces documents reflecting AMA's periodic reviews of wage-and-hour compliance practices, conducted by the Human Resources Department under the direction of Lorraine Okafor, Senior Vice President of Human Resources, and the Legal & Compliance Department under the direction of Gregory Tanaka, Vice President of Legal & Compliance. The documents produced in this category include the following:
(a) Annual Compliance Review Summaries (FY 2019, 2020, 2021, 2022): Annual memoranda summarizing the results of AMA's internal reviews of compliance with California wage-and-hour requirements, including meal and rest period policies, overtime calculations, and wage statement accuracy. These reviews were conducted as part of AMA's standard annual compliance review process.
(b) Internal Audit of Meal Period Premium Payments (Q2 2021): An internal audit conducted by Karen Fong, Payroll Manager, in the second quarter of 2021, reviewing a sample of payroll records from each California facility to assess whether meal period premiums were being properly calculated and paid to employees who did not receive compliant meal periods. The audit reviewed a random sample of payroll records and assessed premium payment accuracy for the sample reviewed.
(c) Employee Complaint Records: Summary records of 14 formal employee complaints regarding meal and rest break issues received by the Human Resources Department during the Class Period. These complaints were submitted by employees at 5 of AMA's 7 California facilities and from 8 of AMA's 14 active show units during the relevant period. Investigation and disposition records for each complaint are included in the production. Of the 14 complaints, 9 resulted in the payment of meal or rest period premiums to the complaining employees, and 5 resulted in determinations by the Human Resources Department that compliant meal or rest breaks had been provided.
Bates Range: AMA-SUPP-002135 through AMA-SUPP-002987
Category 2: TimeTrack Pro System Review (December 2022)
AMA produces documents relating to the review of the TimeTrack Pro system configuration conducted in November and December 2022 following the filing of this litigation, to the extent such documents are not protected by the attorney-client privilege or the work product doctrine. The non-privileged documents produced in this category include:
(a) Records reflecting the identification of the Missed Meal Attestation feature deactivation at Facilities 2 (Studio City), 4 (Burbank), and 7 (El Segundo), discovered during the system review.
(b) Records reflecting the identification of the 6-hour auto-deduction threshold configured in the TimeTrack Pro system, as compared to the 5-hour threshold required under IWC Wage Order No. 12-2001, § 11(A).
(c) Records reflecting the corrective actions implemented in December 2022, including the activation of the Missed Meal Attestation feature at all California facilities and the correction of the auto-deduction threshold from 6 hours to 5 hours.
Certain documents generated during this review are withheld in whole or in part as protected by the attorney-client privilege and/or the work product doctrine. The system review was conducted at the direction of outside counsel, Calderwood & Harkness LLP, in connection with this litigation, and certain documents generated in the course of that review reflect legal advice provided by counsel, litigation strategy assessments, and mental impressions and conclusions of counsel. All withheld documents are identified on the supplemental privilege log served concurrently herewith.
Bates Range: AMA-SUPP-002988 through AMA-SUPP-003412
Category 3: DLP Audit-Related Communications (Redacted Production)
AMA objects to the relevance of the DLP audit to the class wage-and-hour claims asserted in this action, as the DLP audit was initiated in August 2022 as a routine IT security audit and pertains primarily to the conduct of former Senior Vice President Gavin Aldrich, which is the subject of separate litigation in Aldrich v. Aurelius Media Americas Inc., Case No. 22STCV41087 (Hon. Catherine Villanueva, Dept. 52). The factual matters underlying the DLP audit — namely, allegations of unauthorized transmission of confidential company information by Mr. Aldrich — are wholly unrelated to the wage-and-hour claims asserted by Plaintiffs in this action.
Notwithstanding this objection and without waiving it, AMA produces limited DLP-audit-related communications in redacted form, solely to the extent that such communications reference or relate to the TimeTrack Pro timekeeping system or wage-and-hour practices, as distinguished from the confidential information transmission issues that are the subject of the Aldrich matter. These redacted documents are produced in an abundance of caution and in the spirit of cooperation reflected in the parties' meet-and-confer discussions.
Redactions have been applied to the produced documents to remove the following categories of content:
(a) Content relating to the termination of Gavin Aldrich and the factual basis therefor, which is protected by the separate litigation privilege applicable to the Aldrich matter and is irrelevant to the class wage-and-hour claims asserted herein.
(b) Attorney-client privileged communications between AMA personnel and attorneys at Calderwood & Harkness LLP regarding the Aldrich cross-claims, litigation strategy, and legal assessments related to the Aldrich matter.
(c) Trade secret and proprietary information regarding specific show format bibles, revenue models, and talent deal terms, which is protected under the Protective Order and is irrelevant to the class wage-and-hour claims. Such information pertains to AMA's proprietary creative content and business operations and has no bearing on the timekeeping, meal period, or rest period claims at issue.
Bates Range: AMA-SUPP-003413 through AMA-SUPP-003647
Category 4: External Auditor Communications (Limited)
AMA has conducted a diligent search and has not identified any communications with its external auditor, Graystone & Parr LLP (200 Park Avenue, Suite 3500, New York, New York 10166), specifically addressing wage-and-hour compliance during the Class Period. Graystone & Parr conducted annual financial audits of AMA for fiscal years 2020, 2021, and 2022 as part of the consolidated global audit of Aurelius Global Media Group PLC, AMA's ultimate parent company. However, the scope of those annual financial audits did not include a specific review or assessment of AMA's compliance with California wage-and-hour laws, and AMA has not identified any audit workpapers, management letters, or other communications from Graystone & Parr that address wage-and-hour compliance or timekeeping practices at AMA's California facilities.
No documents responsive to this category are produced.
Bates Range: N/A
Production Notes for RFP No. 41:
Total documents produced responsive to Request for Production No. 41 (supplemental): 1,513 pages, including redacted documents. Documents produced in response to this Request are designated CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, as applicable, pursuant to the Protective Order. The supplemental privilege log served concurrently herewith identifies 47 documents withheld in whole or in part on the basis of the attorney-client privilege and/or the work product doctrine.
PRIVILEGE LOG NOTICE
AMA serves concurrently herewith a supplemental privilege log identifying all documents withheld in whole or in part from the supplemental production made in connection with these Supplemental Responses. The supplemental privilege log identifies a total of 47 documents withheld on the following bases:
(a) Attorney-Client Privilege: Communications between AMA personnel (including Lorraine Okafor, Gregory Tanaka, Jonathan Mercer, Celine Arroyo, and Karen Fong) and attorneys at Calderwood & Harkness LLP (including Devon Archer, Priya Ramanathan, and Eric Lindstrom) regarding litigation strategy, case assessment, legal advice concerning wage-and-hour compliance, and legal advice concerning remedial actions in response to the identification of the TimeTrack Pro system configuration issues.
(b) Work Product Doctrine: Memoranda, analyses, spreadsheets, and correspondence prepared by or at the direction of counsel at Calderwood & Harkness LLP in anticipation of this litigation, reflecting counsel's mental impressions, conclusions, opinions, and legal theories regarding AMA's potential liability exposure and defense strategy.
The supplemental privilege log provides the date, author(s), recipient(s), general subject matter description, and specific basis for withholding of each document, consistent with the requirements of California Code of Civil Procedure § 2031.240(c)(1). AMA does not waive any privilege or protection by producing the privilege log or by describing the general subject matter of the withheld documents.
VERIFICATION
I, Gregory Tanaka, declare as follows:
I am the Vice President of Legal & Compliance of Aurelius Media Americas Inc., the Defendant in the above-captioned action. I am authorized to make this verification on behalf of Aurelius Media Americas Inc. I have read the foregoing Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents, Nos. 14, 27, 33, and 41, and the factual statements contained therein are true and correct to the best of my knowledge, information, and belief. This verification is made pursuant to California Code of Civil Procedure § 2031.250.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on April 21, 2023, at Los Angeles, California.
________________________________________
Gregory Tanaka Vice President, Legal & Compliance Aurelius Media Americas Inc.
Dated: April 21, 2023
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, the undersigned, 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 am not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017.
On April 21, 2023, I served the foregoing document described as DEFENDANT AURELIUS MEDIA AMERICAS INC.'S SUPPLEMENTAL RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS, NOS. 14, 27, 33, AND 41 on the interested parties in this action by transmitting a true and correct copy via electronic mail to the following persons at the email addresses indicated 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
Trevor Kim, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025
Email: tkim@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 April 21, 2023, at Los Angeles, California.
________________________________________
[Name]
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,
Defendants.
Facility | Location | Attestation Rate (% of Eligible Shifts) | Period Covered
Facility 1 | West Hollywood HQ | 2.3% | Jan. 2019 – Dec. 2022
Facility 3 | Sherman Oaks | 4.1% | Jan. 2019 – Dec. 2022
Facility 5 | Hollywood | 1.8% | Jan. 2019 – Dec. 2022
Facility 6 | Santa Monica | 3.7% | Jan. 2019 – Dec. 2022
Facility 2 | Studio City | No data available | Feature not activated until Dec. 2022
Facility 4 | Burbank | No data available | Feature not activated until Dec. 2022
Facility 7 | El Segundo | No data available | Feature not activated until Dec. 2022

SUPERIOR COURT OF THE STATE OF CALIFORNIA

PRELIMINARY STATEMENT

GENERAL OBJECTIONS (INCORPORATED BY REFERENCE)

SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 14

REQUEST FOR PRODUCTION NO. 14:

SUPPLEMENTAL RESPONSE:

SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 27

REQUEST FOR PRODUCTION NO. 27:

SUPPLEMENTAL RESPONSE:

SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 33

REQUEST FOR PRODUCTION NO. 33:

SUPPLEMENTAL RESPONSE:

SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 41

REQUEST FOR PRODUCTION NO. 41:

SUPPLEMENTAL RESPONSE:

PRIVILEGE LOG NOTICE

VERIFICATION

CALDERWOOD & HARKNESS LLP

PROOF OF SERVICE

Record

Parties

Dates

Amounts