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

depo-prep-memo-arroyo.docx DOCUMENT Finance & Banking

55 / 150 ← → ✕

Contract analysis Extract to table

CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-8400

CONFIDENTIAL — ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED

MEMORANDUM

TO: Renata Vasquez

FROM: Devon Archer

DATE: April 20, 2023

RE: Deposition Preparation — Celine Arroyo (PMK: Production Scheduling and Staffing)

Matter No.: 1017-00004

Right-click to update Table of Contents

I. Overview

Celine Arroyo, Director of Production Operations for Aurelius Media Americas Inc. ("AMA"), has been designated as AMA's Person Most Knowledgeable ("PMK") on the following deposition topics noticed by Plaintiffs in the above-referenced consolidated wage-and-hour class action. Plaintiffs are represented by Castellano Byrne & Salas LLP ("CB&S"), with Marco Castellano and Diane Salas serving as lead class counsel, and Sandra Higuera of Veltrano Employment Law Group PC serving as PAGA co-counsel. The topics designated for Ms. Arroyo's PMK testimony are as follows:

• Topic 4: Production scheduling practices at AMA's California facilities;

• Topic 6: Staffing levels and supervisor-to-employee ratios at AMA's production facilities;

• Topic 7: Practices regarding pre-shift and post-shift work (alleged off-the-clock work); and

• Topic 9: Practices regarding second meal periods for shifts exceeding ten (10) hours.

The underlying litigation is Fuentes v. Aurelius Media Americas Inc., Los Angeles Superior Court Case No. 22STCV38214, which has been consolidated with Halloran v. AMA, Case No. 22STCV39501, and assigned to the Honorable Raymond Escobedo, Department 34. The case involves putative class claims under the California Labor Code and the applicable Industrial Welfare Commission ("IWC") Wage Orders, as well as representative PAGA claims, brought on behalf of approximately 1,850 current and former non-exempt, hourly employees of AMA who worked at AMA's California production facilities during the class period of November 1, 2018 through the present.

Ms. Arroyo's deposition date is to be confirmed but is anticipated for late April or early May 2023. The deposition will take place either at our offices or at the offices of Plaintiffs' counsel, CB&S, located at 11755 Wilshire Boulevard, Suite 900, Los Angeles, California 90025, pursuant to the agreement of counsel reached during the March 30, 2023 informal discovery conference.

All seven of AMA's California production facilities and all fourteen (14) distinct show units that operated during the class period are within the scope of the noticed deposition topics. This memorandum is intended to guide the preparation of Ms. Arroyo for her deposition testimony and to identify key factual areas, sensitive issues, and strategic messaging that should be addressed during the preparation session.

II. Background on Celine Arroyo

Ms. Arroyo currently holds the title of Director of Production Operations for AMA and reports directly to Jonathan Mercer, President of AMA. In this capacity, Ms. Arroyo is responsible for overseeing day-to-day production operations across all seven of AMA's California production facilities. Her responsibilities encompass the supervision and coordination of production scheduling, crew deployment, and facility management for AMA's entire California production footprint.

Ms. Arroyo has direct or dotted-line authority over the Unit Production Managers ("UPMs") and Line Producers who manage individual show units. She is thus positioned within the AMA organizational hierarchy as the senior operational executive with oversight over the personnel and functions that are most directly implicated by Plaintiffs' claims. She is thoroughly familiar with production scheduling practices, crew deployment protocols, call sheets, wrap reports, and the facility-specific operational differences that exist across AMA's California operations.

Ms. Arroyo was identified as a key custodian in this litigation in the November 2, 2022 litigation hold notice issued by AMA's in-house counsel. Her custodial files, including email communications, production memoranda, staffing reports, and related documents, have been collected and are currently under review for privilege and responsiveness.

Her testimony will be critical to AMA's class certification defense. Specifically, AMA's opposition to class certification will rely heavily on the argument that individualized inquiry predominates over common questions because of the significant variation in production scheduling practices, staffing ratios, and operational conditions across AMA's seven facilities and fourteen show units. Ms. Arroyo, as the most senior operational executive with direct knowledge of these variations, is uniquely positioned to provide testimony supporting this defense theory.

III. AMA California Production Facilities and Show Units — Key Facts for Preparation

Ms. Arroyo should be thoroughly conversant with the operational profile of each of the seven California production facilities and the fourteen show units that operated during the class period. This section summarizes the key facts that she should be prepared to discuss.

A. Facilities

AMA operates seven production facilities in California. Each facility serves a distinct primary function within AMA's production operations. The following table summarizes the location and primary function of each facility:

Ms. Arroyo should be prepared to describe the physical layout, operational characteristics, and typical staffing profile of each facility. She should be familiar with the differences in the production environments across these facilities — for example, the difference between the controlled studio environment at Facility 2 (Studio City) and the office-based post-production environment at Facility 7 (El Segundo). These differences are central to AMA's predominance argument.

B. Show Units

During the class period, AMA operated fourteen (14) distinct production units. All of these show units operated under IWC Wage Order 12 (Motion Picture Industry), which governs wage-and-hour requirements for employees in the motion picture industry in California.

The show units vary dramatically in type, and this variation is a cornerstone of AMA's class certification defense. Ms. Arroyo should be prepared to describe the following categories of show units and the operational differences among them:

Studio-Based Productions. These include shows such as "Kitchen Clash," which is filmed at Facility 1 in West Hollywood. Studio-based productions typically involve predictable eight- to ten-hour production days in a controlled indoor environment. Meal breaks are scheduled in advance as part of the daily production plan, and the controlled environment allows breaks to be taken at the scheduled time without significant interruption. Crew members work within the studio facility and have ready access to break areas, restrooms, and food service.

Field-Based Productions. These include shows such as "Summit Challenge," which is coordinated from Facility 4 in Burbank but filmed at various outdoor locations throughout California and occasionally in other states. Field-based productions are characterized by extended shoot days of twelve to sixteen hours, frequent travel to remote outdoor locations, and logistical challenges inherent in remote production — including limited shelter, variable weather conditions, difficult terrain, and the need to coordinate transportation to and from location. While meal breaks are included in the daily call sheet for field-based productions, the practical implementation of fully uninterrupted thirty-minute breaks can be challenging due to these logistical factors. "Summit Challenge" is AMA's top-performing unscripted franchise, generating approximately $42 million in annual revenue, and it is one of the productions that will receive the most scrutiny from Plaintiffs.

Live Events. AMA produces coverage of concerts, award shows, and similar live events, coordinated from Facility 4 in Burbank. Live event productions involve unique scheduling constraints dictated by the timing of the live event itself. Crew members must be in position from load-in through the live broadcast or webcast and through the post-show breakdown. Meal breaks are provided when feasible, but the live nature of these events creates significant time pressures that can affect the timing and duration of breaks.

Post-Production. Post-production operations are based at Facilities 1, 5, and 7. These are office-based environments with regular eight- to ten-hour work schedules. Standard meal and rest breaks are provided in accordance with AMA's policies, and the office environment presents minimal logistical obstacles to break compliance.

Digital Content. Digital content production is based at Facility 3 in Sherman Oaks and involves a hybrid schedule that includes both studio-based work and remote shoots. Schedules vary significantly depending on the type of content being produced — for example, short-form social media content may involve brief, concentrated shoot days, while longer-form digital series may more closely resemble traditional studio-based production schedules.

This variation across show units is the foundation of AMA's class certification defense under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004. AMA will argue that individualized inquiry predominates because each show unit operates under different production conditions, different scheduling practices, different supervisory structures, and different logistical constraints, making it impossible to determine on a class-wide basis whether AMA "provided" compliant meal and rest breaks. Ms. Arroyo's testimony regarding these variations will be critical to this argument.

IV. Key Documents for Review

Ms. Arroyo should review the following documents in preparation for her deposition. These documents should be assembled in a preparation binder for use during the preparation session. Nadia Petrov will be responsible for assembling this binder.

1. AMA Employee Handbook (March 2021 revision) — particularly Section 4.3 (Meal Periods), Section 4.4 (Rest Periods), and Section 4.7 (Timekeeping). Ms. Arroyo should be familiar with the substance of these policies, though she should not be expected to recite them verbatim.

2. AMA Meal and Rest Break Policy (standalone document, effective January 1, 2019) — this is the standalone policy document that sets forth AMA's meal and rest break requirements in greater detail than the Employee Handbook. Ms. Arroyo should be familiar with the key provisions of this policy, including the applicable thresholds for meal period eligibility and the procedures for reporting missed meals.

3. Representative daily call sheets for at least five to six show units spanning different production types (studio-based, field-based, live events, post-production, and digital content). Ms. Arroyo should review these call sheets to refresh her recollection regarding how meal breaks are typically designated on call sheets and how call times are set for different types of production days.

4. Representative wrap reports for extended production days (twelve-plus-hour shifts) — particularly from "Summit Challenge" and live event productions. Wrap reports document the actual timing of events during the production day, including wrap time, and can be compared against call sheets to assess whether the planned schedule was followed.

5. Production schedules for representative show units during the class period — these are the broader scheduling documents that outline the planned production calendar for each show unit, including shooting dates, locations, and anticipated crew requirements.

6. AMA organizational charts showing the supervisory chain from Arroyo to UPMs and Line Producers and from UPMs and Line Producers to crew members. These charts are relevant to Topic 6 (staffing levels and supervisor-to-employee ratios) and will help Ms. Arroyo testify accurately about reporting relationships and supervisory structures.

7. Staffing rosters for each facility with supervisor-to-employee ratios for each show unit and facility type. Ms. Arroyo should be prepared to provide at least approximate ratios during her testimony.

8. Any written production protocols or guidelines provided to UPMs and Line Producers regarding the scheduling of meal and rest breaks during production days. The existence and content of these guidelines are significant — if AMA provided written guidance to UPMs regarding break scheduling, this supports the argument that AMA had policies and procedures in place to ensure compliance. If no written guidelines exist, Ms. Arroyo should be prepared to explain how break scheduling expectations were communicated to UPMs.

9. TimeTrack Pro system overview — Ms. Arroyo need not be the technical expert on AMA's timekeeping system, but she should have a basic understanding of how the TimeTrack Pro system interfaces with production scheduling and call times. She should understand, at a high level, how employees clock in and out, how the system records work hours, and how the system interacts with the daily call sheet and production schedule.

10. Named plaintiffs' deposition transcripts — Marisol Fuentes's deposition is scheduled for May 2, 2023. If the Fuentes transcript is available before Ms. Arroyo's deposition, she should review it to understand the specific factual allegations and testimony of the lead named plaintiff. Yesenia Padilla's deposition is scheduled for May 9, 2023, and Derek Halloran's deposition is scheduled for May 16, 2023. These transcripts may not be available before Ms. Arroyo's deposition, depending on scheduling.

11. Lorraine Okafor's PMK deposition transcript — Ms. Okafor is designated as AMA's PMK on Topics 1, 2, 3, 5, and 8 (timekeeping and meal/rest break policies). Her deposition is scheduled for May 4, 2023. It is essential that we coordinate the preparation of Ms. Arroyo and Ms. Okafor to ensure consistency between their testimony, particularly on overlapping topics such as AMA's meal period policy and the functionality of the TimeTrack Pro system. If Ms. Okafor's deposition occurs before Ms. Arroyo's, Ms. Arroyo should review the Okafor transcript.

V. Key Messages

Ms. Arroyo should communicate the following themes throughout her testimony. These themes should not be delivered as rehearsed talking points but should emerge naturally from her answers as the underlying factual narrative of her testimony. Each theme is discussed below, together with the supporting facts and specific examples that Ms. Arroyo should be prepared to discuss.

Message 1: Production Schedules Vary Significantly Across Show Units

Each of AMA's fourteen show units operates on its own production schedule, which is driven by the creative, logistical, and business requirements specific to that show. Scheduling decisions are made by the UPM or Line Producer assigned to each show unit, in coordination with the show's executive producers and AMA's production operations team. There is no single, uniform production schedule that applies across all of AMA's show units or facilities.

Ms. Arroyo should emphasize that the variation in production schedules is a natural and inevitable consequence of the diversity of AMA's programming. The scheduling differences across show units are not the result of any effort by AMA to avoid compliance with California's wage-and-hour laws but rather reflect the inherent differences in the production requirements of different types of content.

Ms. Arroyo should be prepared to discuss the following specific examples:

Studio-based shows (e.g., "Kitchen Clash," filmed at Facility 1 in West Hollywood). These shows typically involve consistent eight- to ten-hour production days. Crew members arrive at a designated call time, shoot in a controlled studio environment with predictable conditions, and wrap at a predictable time. Meal breaks are scheduled into the production day and are typically observed without significant interruption. The controlled studio environment allows for reliable scheduling and break compliance.

Field-based shows (e.g., "Summit Challenge," coordinated from Facility 4 in Burbank and filmed at various outdoor locations). These shows involve extended shoot days of twelve to sixteen hours. Crew members travel to remote outdoor locations, where production conditions — including weather, terrain, natural light, and the availability of shelter and facilities — can affect the timing and implementation of scheduled breaks. Meal breaks are included in the daily call sheet, but the practical implementation of breaks can be affected by the logistical realities of remote production. "Summit Challenge" is AMA's top-performing unscripted franchise, generating approximately $42 million in annual revenue, and its production schedule is driven by the creative requirements of the show and the constraints of outdoor filming.

Live events (coordinated from Facility 4 in Burbank). The scheduling of live event productions is dictated by the timing of the live event itself — the load-in time, the start time of the event, the duration of the broadcast, and the post-show breakdown. Crew members must be in position throughout the event, and breaks are scheduled around the event timing. The live nature of these productions creates scheduling constraints that differ fundamentally from those present in studio-based or post-production environments.

Post-production (Facilities 1, 5, and 7). Post-production operations are conducted in an office environment with regular eight- to ten-hour work schedules. Standard meal and rest breaks are provided in accordance with AMA's policies, and the office setting presents minimal logistical obstacles to break compliance.

Digital content (Facility 3, Sherman Oaks). Digital content production involves a hybrid schedule with both studio-based work and remote shoots. Schedules vary significantly by content type, and the operational conditions differ from those in traditional studio-based or field-based productions.

This variation across show units is a central element of AMA's defense, and Ms. Arroyo should communicate it clearly and with specificity. General statements about variation are less persuasive than concrete examples that illustrate the differences in production environments, schedules, and break practices across show units.

Message 2: Supervisors (UPMs/Line Producers) Have Discretion

Each show unit has its own UPM or Line Producer who is responsible for day-to-day scheduling decisions, including the scheduling of meal and rest breaks for the crew. AMA provides UPMs with written guidelines regarding break scheduling — Ms. Arroyo should identify and review these guidelines before the deposition — but the specific implementation of those guidelines is left to each UPM's professional judgment based on the production needs and conditions of the particular show unit on any given day.

This decentralized supervisory structure is another pillar of AMA's class certification defense. Because individual UPMs exercise professional judgment in implementing AMA's break policies, the practices regarding meal and rest breaks vary not only across show units but also across individual UPMs within the same show unit. This means that a class-wide determination of whether AMA "provided" compliant breaks is not possible — such a determination would require individualized inquiry into the practices of each UPM on each production day.

Ms. Arroyo should be prepared to testify regarding the approximate number of individuals who held UPM or Line Producer roles across the fourteen show units during the class period. This information will be important in establishing the breadth of supervisory discretion exercised within AMA's operations.

Message 3: Meal Breaks Are Scheduled in Production Planning

AMA's production protocols include a designated meal break in the daily call sheet for every production day. Call sheets are prepared by the UPM or assistant director assigned to each show unit and are distributed to all crew members in advance of each production day, typically the evening before or the morning of the shoot. The call sheet specifies the scheduled meal break time, which is typically scheduled after the fifth or sixth hour of work, consistent with the requirements of IWC Wage Order 12 and California Labor Code Section 512.

Ms. Arroyo should be able to testify that it is standard AMA practice to schedule meal breaks on every production day and that AMA does not have a policy of denying or discouraging meal breaks. She should describe the call sheet process as the primary mechanism through which meal breaks are planned and communicated to crew members.

Ms. Arroyo should also acknowledge that in practice, production realities sometimes require adjustments to the scheduled break time. For example, if a critical scene is being filmed and is nearing completion at the scheduled break time, the UPM may exercise judgment to complete the scene before calling the break. However, the break is always planned and scheduled, and any delay in providing the break does not reflect an AMA policy to deny breaks but rather the exercise of professional judgment by the UPM in response to production conditions. This acknowledgment should be offered carefully and in measured terms to avoid creating the impression that breaks were routinely delayed or denied.

Message 4: Pre-Shift and Post-Shift Work — Policy vs. Practice

AMA's policy requires that production coordinators and assistants arrive at the designated call time and begin work at call time. Any pre-production setup that is expected to occur before the start of principal photography or the beginning of the day's production activities should be reflected in an appropriately earlier call time on the call sheet. In other words, if a production coordinator is expected to arrive thirty minutes before the camera crew to set up workstations, the production coordinator's call time should be set thirty minutes earlier than the camera crew's call time.

Ms. Arroyo should testify clearly and unequivocally that AMA does not have a policy directing, requiring, or expecting employees to perform work before clocking in or after clocking out. AMA's expectation is that employees record all compensable work time in the TimeTrack Pro system, and AMA's policy prohibits off-the-clock work.

Ms. Arroyo should acknowledge that in practice, some crew members arrive at the facility before their official call time. She should characterize this early arrival as voluntary and not directed by AMA or by UPMs. She should note that early-arriving crew members may engage in personal preparation activities — getting coffee, changing into work attire, reviewing personal messages, greeting colleagues — that are not compensable work time.

Ms. Arroyo should be prepared to discuss the distinction between compensable "suffered or permitted" work (such as setting up equipment, logging footage, loading trucks, or performing other work tasks at the direction of or for the benefit of AMA) and non-compensable personal preparation. This distinction is critical to the off-the-clock claims and will likely be a focus of Plaintiffs' questioning.

Prior to the deposition, we should prepare a comparison of official call times from sample call sheets with TimeTrack Pro punch-in times for the same employees on the same dates. If call times consistently align with clock-in times, this supports AMA's position that employees are clocking in at the start of their workday and that any pre-call-time activity is personal and non-compensable. If there is a systematic gap between call times and clock-in times — particularly if employees are consistently clocking in significantly after their official call time, which could suggest that call times are being set before employees actually arrive, or conversely, if employees are consistently clocking in well before their official call time, which could suggest that compensable work is being performed before the official start of the production day — this would be a vulnerability that Ms. Arroyo should be prepared to address. This analysis should be completed before the preparation session.

VI. Sensitive Areas — Preparation Notes

The following areas are identified as particularly sensitive and require careful preparation. These are the areas where Plaintiffs' counsel is most likely to press for admissions that could be harmful to AMA's defense, and where Ms. Arroyo's testimony must be both truthful and strategically disciplined.

A. Extended Production Days and Second Meal Periods (Topic 9)

This is a significant area of inquiry. Plaintiffs will focus on shows with twelve- to sixteen-hour shooting days, where second meal periods are required under IWC Wage Order 12, Section 11, and California Labor Code Section 512 for shifts exceeding ten hours. The second meal period must be provided no later than the end of the tenth hour of work, and it must be an uninterrupted thirty-minute off-duty period.

Ms. Arroyo should be prepared to discuss the following specific topics in connection with second meal periods:

• How second meal periods are scheduled on extended shoot days — specifically, whether the daily call sheet for an extended shoot day includes a designated second meal break time, and how the timing of the second meal break is determined relative to the first meal break and the overall production schedule.

• Whether the daily call sheet for an extended shoot day includes a second meal break — if so, she should be prepared to point to representative call sheets showing the second meal break. If not, she should be prepared to explain how second meal periods are communicated and scheduled in the absence of a specific designation on the call sheet.

• Whether there have been instances where second meal periods were missed or shortened on extended shoot days — and if so, the circumstances of those missed or shortened meals.

• The frequency of shifts exceeding ten hours across different show units — this frequency will vary dramatically by show unit type. Post-production units rarely, if ever, have shifts exceeding ten hours. Field-based productions, such as "Summit Challenge," frequently do. Live event productions may also involve extended shifts depending on the duration and complexity of the event. Ms. Arroyo should be prepared to provide at least approximate data regarding the prevalence of extended shifts across different show unit types.

Coaching point: Ms. Arroyo should be candid but precise in addressing questions about second meal periods. If second meal periods were sometimes missed on extended field shoots due to production conditions, she should acknowledge this honestly but explain the specific context — for example, the crew was at a remote location with difficult terrain, adverse weather conditions developed during the shoot, or a critical scene needed to be completed before losing daylight. She should also note that AMA's meal period policy requires second breaks on shifts exceeding ten hours and that any missed break should trigger a meal period premium payment under AMA's policy. The key is to acknowledge that lapses occurred while framing them as the product of specific, varying production conditions rather than a systematic company-wide practice of denying second meal periods.

B. "Frenchies" (Short Turnarounds)

In entertainment industry jargon, a "Frenchy" (or "French hours") refers to a scheduling arrangement where the production crew works through the standard meal break in exchange for a shorter overall production day, or where the crew is called back within a short turnaround period (less than the standard twelve-hour rest period between wrap time and the next day's call time). The term is widely used in the entertainment industry but may carry negative connotations when presented to a court or jury, as it can suggest a casual or cavalier attitude toward employee break rights.

While "Frenchies" or "French hours" are not directly at issue in the Complaint, Plaintiffs' counsel may use questions about these practices to paint a broader picture of an industry culture that disregards employee welfare and break requirements. This is a narrative strategy designed to establish a hostile work environment with respect to breaks and to suggest that AMA participated in industry-wide norms that prioritized production efficiency over legal compliance.

Coaching points for this topic:

• If asked about "Frenchies" or "French hours," Ms. Arroyo should explain the concept clearly and without evasion. Attempting to feign ignorance of the term would undermine her credibility as a senior production operations executive in the entertainment industry.

• She should clarify whether AMA uses "French hours" as a formal scheduling practice and, if so, under what specific circumstances. If AMA does not use "French hours" as a formal practice, she should say so. If it is used informally or on an ad hoc basis, she should describe the circumstances and frequency.

• If AMA uses any form of modified meal scheduling — whether or not it is called "French hours" — Ms. Arroyo should be prepared to explain whether compliant on-duty meal period agreements are in place for the affected employees. Under IWC Wage Order 12, on-duty meal periods are permitted only when the nature of the work prevents the employee from being relieved of all duties, and only with written consent that is revocable at any time by the employee.

• Ms. Arroyo should not volunteer information about "Frenchies" or "French hours" if the topic is not raised by Plaintiffs' counsel. There is no reason to introduce this concept into the record unless opposing counsel brings it up.

C. Off-the-Clock Setup and Wrap (Topic 7)

This is the most fact-intensive area for Ms. Arroyo's testimony and the area that presents the greatest risk of harmful admissions. Plaintiffs' core allegation on this topic is that production coordinators and post-production assistants were routinely required to perform thirty to forty-five minutes of pre-shift setup work (including loading equipment, reviewing production materials, setting up workstations, checking in with departments, and preparing call sheets for distribution) and fifteen to thirty minutes of post-shift wrap work (including securing equipment, completing paperwork, uploading footage, and locking down sets) that was not recorded in TimeTrack Pro and was not compensated.

Ms. Arroyo should acknowledge that some pre-production setup and post-production wrap occurs in the entertainment industry. This is not unique to AMA and is an inherent feature of production operations in the motion picture industry. She should not attempt to deny that any setup or wrap work occurs, as this would be contrary to common knowledge in the industry and would undermine her credibility.

Ms. Arroyo should testify clearly on the following points:

• AMA's expectation is that employees clock in when they begin performing any compensable work, including pre-production setup. This is AMA's policy, and it is communicated to employees in the Employee Handbook and in the standalone Meal and Rest Break Policy.

• If pre-shift setup is expected for a particular role or a particular production day, the call time for those employees should be set earlier to account for the setup time. This is the responsibility of the UPM, who sets call times on the daily call sheet.

• Ms. Arroyo is not aware of any AMA policy directing employees to work before clocking in or after clocking out. To the contrary, AMA's policy prohibits off-the-clock work.

Coaching point — critical: Ms. Arroyo should not speculate about what individual employees did before or after clocking in at any particular facility on any particular day. If asked a question such as "Did production coordinators at the Studio City facility perform setup work before their official clock-in time?", she should respond that she cannot speak to the experience of every individual employee at every facility on every production day; that AMA's policy requires employees to clock in when they begin performing compensable work; and that if any employee performed work before clocking in, that time should have been recorded in the TimeTrack Pro system. She should frame her answer in terms of AMA's policy and her general understanding of how that policy is implemented, rather than providing specific factual testimony about what occurred at particular facilities.

Ms. Arroyo should not volunteer that she is aware of systemic off-the-clock work at AMA, even if she has personal observations or anecdotal knowledge of employees arriving early and performing tasks before clocking in. Such testimony would be devastating to AMA's defense — it would establish that a senior executive with supervisory authority over production operations had actual knowledge of widespread off-the-clock work and failed to take corrective action. She should testify truthfully to AMA's policy and her understanding of how it is implemented, and she should refrain from providing narratives or anecdotes that go beyond the specific question asked.

Review of call sheets vs. TimeTrack data: As noted above, we should prepare a detailed comparison of official call times from sample call sheets with TimeTrack Pro punch-in times for the same employees on the same dates. This comparison should cover multiple show units and multiple production types. If call times consistently align with clock-in times (within a reasonable margin), this supports AMA's position. If there is a systematic gap — for example, if employees consistently clocked in thirty to forty-five minutes after the official call time (suggesting that the call time was aspirational and that employees routinely arrived later) or if employees consistently clocked in at the official call time but call times were set thirty to forty-five minutes after employees were actually expected to begin working (suggesting that the call sheet underrepresented the actual work period) — this would be a significant vulnerability. Ms. Arroyo should be prepared to explain any discrepancy revealed by this analysis. This analysis should be completed and reviewed before the preparation session on April 25, 2023.

D. Staffing Levels and Supervisor-to-Employee Ratios (Topic 6)

Plaintiffs will probe whether AMA had sufficient supervisory staff to monitor and enforce compliance with meal and rest break requirements. This line of questioning is designed to suggest that AMA's supervisory structure was inadequate to ensure that employees actually took their breaks, even if AMA had policies on paper requiring breaks.

Ms. Arroyo should be prepared to provide approximate supervisor-to-employee ratios for each show unit and facility type. Based on our current understanding of AMA's staffing data, the approximate ratios are as follows:

• Studio-based productions: typically one UPM per fifteen to twenty-five crew members.

• Field-based productions: typically one UPM per twenty to thirty-five crew members, with larger crews deployed on remote shoots that require additional logistical support.

• Live events: typically one UPM or stage manager per thirty to fifty crew members, with larger events staffed by additional support personnel.

• Post-production: one supervisor per eight to twelve post-production staff members.

Ms. Arroyo should explain that the UPM is not the only individual with supervisory responsibilities on a production set. Assistant directors, department heads (e.g., heads of camera, lighting, sound, wardrobe, and construction departments), and senior coordinators also have supervisory responsibilities within their respective departments. The effective supervisory ratio on any given production day is therefore lower than the UPM-to-crew ratio alone would suggest.

Coaching point: If Plaintiffs argue that high supervisor-to-employee ratios meant that supervisors could not effectively monitor whether individual employees were taking their breaks, Ms. Arroyo should respond that AMA's meal and rest break policy places the obligation on the employee to take breaks and on the UPM to schedule breaks in the daily call sheet. AMA's obligation under California law is to provide breaks — not to ensure or police that each individual employee takes a break. Under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, an employer satisfies its obligation to "provide" a meal period by relieving the employee of all duties for the break period and relinquishing control over the employee's activities. The employer is not required to monitor each employee to ensure the employee does not voluntarily choose to continue working during the break period. Ms. Arroyo should be familiar with this legal framework but should express it in operational rather than legal terms — for example, by saying that AMA's practice is to schedule breaks and to instruct crew members to take breaks, not to follow each crew member around to make sure they stop working.

E. Named Plaintiffs' Facilities and Divisions

Ms. Arroyo should be aware of the specific operational environments where each named plaintiff worked, as this information supports AMA's typicality defense. AMA will argue that the named plaintiffs are not typical of each other, let alone of a putative class of 1,850 employees, because each named plaintiff worked in a different division, at a different facility, under different supervisors, with different production schedules, and under different operational conditions.

The relevant facts for each named plaintiff are as follows:

Marisol Fuentes (Production Coordinator, Unscripted Programming Division). Ms. Fuentes worked at the Studio City facility (Facility 2) from March 14, 2019 to August 5, 2022. Her hourly rate at the time of separation was $28.50 per hour. As a production coordinator in the Unscripted Programming Division, Ms. Fuentes worked on studio-based unscripted programming filmed at Stages A and B in Studio City. Her work environment was a controlled studio setting with relatively predictable production schedules and standard shift lengths.

Derek Halloran (Post-Production Assistant, Digital Content Division). Mr. Halloran worked at the Hollywood facility (Facility 5) from June 1, 2020 to November 30, 2022. His hourly rate at the time of separation was $24.75 per hour. As a post-production assistant in the Digital Content Division, Mr. Halloran worked in an office-based environment at the Scripted Development facility. His work involved post-production tasks performed during standard office hours, with regular eight- to ten-hour shifts and standard break schedules.

Yesenia Padilla (Segment Coordinator, Live Events Division). Ms. Padilla worked at the Burbank facility (Facility 4) from January 10, 2018 to May 17, 2022. Her hourly rate at the time of separation was $31.00 per hour. As a segment coordinator in the Live Events Division, Ms. Padilla worked on live event productions with scheduling dictated by the timing and logistics of live performances. Her work involved extended shifts, irregular hours, and the unique scheduling pressures of live production.

The critical point is that each named plaintiff worked in a different division, at a different facility, under different supervisors, with different production schedules and different operational conditions. This diversity among the named plaintiffs supports AMA's argument that they are not typical of each other and cannot adequately represent a class of 1,850 employees whose experiences varied across seven facilities, fourteen show units, and multiple production types.

Ms. Arroyo should be prepared to describe the operational differences between unscripted programming (Studio City), post-production (Hollywood), and live events (Burbank) with specificity and in concrete terms. She should be able to explain why the scheduling practices, break implementation, staffing ratios, and day-to-day operational conditions differed across these divisions and facilities.

VII. Anticipated Lines of Questioning by Plaintiffs' Counsel

The following table identifies anticipated lines of questioning from Plaintiffs' counsel, together with suggested approaches for Ms. Arroyo's responses. These suggested approaches are guidelines, not scripts — Ms. Arroyo should answer each question in her own words and based on her personal knowledge, while keeping these strategic considerations in mind.

VIII. Coordination with Other PMK Depositions

Coordination between Ms. Arroyo's testimony and the testimony of AMA's other PMK witnesses and key personnel is essential to ensuring consistency across AMA's deposition record.

Lorraine Okafor (PMK: Timekeeping and Meal/Rest Break Policies — Topics 1, 2, 3, 5, and 8). Ms. Okafor's deposition is scheduled for May 4, 2023. Ms. Okafor will cover policy-level and system-level questions, including the content and implementation of AMA's written meal and rest break policy, the configuration and functionality of the TimeTrack Pro timekeeping system, the auto-deduction feature, and the Missed Meal Attestation feature. Ms. Arroyo should defer questions regarding AMA's written policies (beyond general familiarity) and questions regarding the technical functioning of the TimeTrack Pro system to Ms. Okafor. Ms. Arroyo should focus her testimony on production operations and scheduling — that is, on how AMA's policies are implemented in practice on the production floor.

Karen Fong (Payroll Manager). Ms. Fong will testify on technical payroll and timekeeping matters, including the calculation and payment of meal period premiums, the processing of timecard corrections, and the technical configuration of the TimeTrack Pro system. Ms. Arroyo should defer payroll-specific questions and detailed technical timekeeping questions to Ms. Fong.

Consistency is critical. Ms. Arroyo's testimony about AMA's break policies and practices must be consistent with the testimony provided by Ms. Okafor and Ms. Fong. Even minor inconsistencies between PMK witnesses can be exploited by Plaintiffs' counsel at class certification to argue that AMA's policies were confused, poorly communicated, or not uniformly implemented. We should coordinate the preparation sessions for Ms. Arroyo and Ms. Okafor to ensure alignment on the following specific topics:

• The description of the meal period policy (five-hour vs. six-hour threshold issue). Ms. Okafor will address the discrepancy between the Employee Handbook (which states that a meal period is provided for shifts exceeding five hours) and the auto-deduction threshold in TimeTrack Pro (which was configured to deduct a meal period for shifts exceeding six hours during a portion of the class period). Ms. Arroyo should be aware that this discrepancy exists but should not be the primary witness on the issue. If asked about the threshold, she should refer to AMA's written policy and defer technical system configuration questions to Ms. Okafor or Ms. Fong.

• The role of the Missed Meal Attestation feature. Ms. Arroyo should know that the TimeTrack Pro system includes a Missed Meal Attestation feature that allows employees to report missed meals. She should also know that this feature was not activated at all facilities during the entire class period. However, detailed testimony about when the feature was activated at each facility, how the feature works, and what data the feature generates should be provided by Ms. Okafor and Ms. Fong.

• The fourteen (14) formal employee complaints regarding meal and rest breaks during the class period. Ms. Okafor will testify on the substance of these complaints and HR's response to them. Ms. Arroyo should be aware that formal complaints were made during the class period — and she should not be surprised or caught off guard if Plaintiffs' counsel asks her about them — but she should defer detailed questions about the content of the complaints and the investigation and remediation process to Ms. Okafor, who is better positioned as the PMK on break policies to address those topics.

We should schedule Ms. Arroyo's and Ms. Okafor's preparation sessions on consecutive days (April 24 for Okafor, April 25 for Arroyo) to facilitate coordination and to ensure that any issues identified during Ms. Okafor's preparation session can be addressed in Ms. Arroyo's session the following day.

IX. Documents to Bring / Have Available at Deposition

The following documents should be assembled and available at the deposition for reference by counsel and, where appropriate, for use as potential exhibits:

1. Representative call sheets for at least three to four show units, covering studio-based, field-based, live event, and post-production productions. These call sheets should be marked for identification as potential exhibits and should be reviewed by Ms. Arroyo during the preparation session so that she is familiar with their content and format.

2. AMA production protocols or guidelines for UPMs regarding break scheduling, if written guidelines exist. The existence of these written guidelines is an important element of AMA's defense — they demonstrate that AMA communicated break scheduling expectations to its supervisory personnel. If written guidelines do not exist, this is a point of vulnerability that should be addressed during the preparation session.

3. Organizational chart showing Ms. Arroyo's reporting relationships and the supervisory chain from Ms. Arroyo to UPMs and Line Producers and from UPMs and Line Producers to crew members.

4. AMA Employee Handbook (March 2021 revision) — the meal and rest break sections (Sections 4.3 and 4.4) and the timekeeping section (Section 4.7).

5. AMA Meal and Rest Break Policy (standalone document, effective January 1, 2019).

All documents brought to the deposition should be reviewed by counsel for privilege before the deposition. Any privileged documents should not be included in the deposition binder.

X. Practice Session

We recommend a three-hour preparation session with Ms. Arroyo to prepare her for the deposition. The proposed date for the preparation session is April 25, 2023, subject to confirmation with AMA and coordination around Ms. Okafor's preparation session, which is proposed for April 24, 2023.

The preparation session should be structured as follows:

First 45 minutes (Renata Vasquez attending): This portion of the session should cover the most sensitive areas of anticipated testimony — off-the-clock work (Topic 7), second meal periods on extended production days (Topic 9), and the "industry culture" narrative, including "Frenchies" and the broader theme that AMA participated in entertainment industry norms that prioritized production efficiency over employee welfare. Ms. Vasquez should lead the discussion of these sensitive areas given her familiarity with the overall litigation strategy and her judgment regarding the boundaries of Ms. Arroyo's testimony on these topics.

Remaining 2 hours and 15 minutes (Devon Archer conducting): This portion of the session should cover facility-by-facility variation, staffing ratios and supervisory structure, the distinction among show unit types, the named plaintiffs' operational environments, coordination with Ms. Okafor's and Ms. Fong's testimony, and a mock examination covering the anticipated lines of questioning identified in Section VII of this memorandum. The mock examination should focus on the most challenging questions, including those designed to elicit admissions about off-the-clock work, missed second meal periods, and inadequate supervisory staffing.

Nadia Petrov will prepare a binder of key documents for Ms. Arroyo's review during the preparation session. The binder should include all documents identified in Section IV of this memorandum, organized with labeled tabs for each document category.

XI. General Instructions for the Witness

The following instructions should be provided to Ms. Arroyo during the preparation session and reinforced immediately before the deposition. These are standard deposition instructions for a PMK witness in a class action employment case, tailored to the specific risks and sensitivities of this deposition.

1. Listen carefully to each question before answering. Do not anticipate the question or begin formulating your answer before the questioner has finished speaking. Allow a brief pause after each question before responding.

2. Answer only the question asked. Do not provide narratives, explanations, or additional context unless necessary to avoid a misleading answer. A concise, direct answer is almost always preferable to a lengthy explanation. If Plaintiffs' counsel wants more detail, they will ask a follow-up question.

3. If you do not understand a question, ask for clarification. Do not guess at the meaning of a question. Say "Could you rephrase the question?" or "I'm not sure I understand what you're asking." It is Plaintiffs' counsel's obligation to ask clear questions; it is not your obligation to interpret ambiguous or confusing questions.

4. If you do not know the answer, say "I don't know." Do not guess or speculate. As a PMK witness, you are expected to have prepared to testify on the designated topics, but you are not expected to know every fact about AMA's operations. If the answer requires reference to documents or data that you do not have in front of you, say so and identify the appropriate source — for example, "Karen Fong would have that data" or "That information would be reflected in the TimeTrack Pro records" or "Lorraine Okafor is the appropriate person to address that question."

5. Do not characterize company practices in absolute terms. Avoid statements such as "We always provided breaks" or "No one ever worked off the clock." Such absolute statements are impossible to verify for a putative class of approximately 1,850 employees over a class period spanning more than four years. Any absolute statement will inevitably be contradicted by individual testimony or documentary evidence, and the contradiction will be used to impeach your credibility. Instead, use qualifiers where appropriate: "To my knowledge," "Based on my understanding," "AMA's policy provides that...," "In my experience," or "As a general practice."

6. If opposing counsel shows you a document, read it carefully before answering questions about it. Take as much time as you need to review the document. Do not answer questions about a document based on a quick glance. If the document is lengthy, ask which specific portion counsel is asking about.

7. If you need a break, say so. You are entitled to breaks during the deposition. If you are feeling fatigued, if you need to use the restroom, or if you need to consult with counsel about a privilege issue, request a break.

8. Do not discuss the substance of the deposition with anyone other than AMA's counsel during breaks. This includes other AMA employees, family members, and any other person. Conversations with AMA's counsel during breaks are protected by the attorney-client privilege, but conversations with anyone else are not.

This memorandum is protected by the attorney-client privilege and the work product doctrine. It is prepared in anticipation of litigation and for the purpose of providing legal advice to the client. It should not be disclosed to any person or entity outside of AMA's litigation counsel team without the express written consent of Calderwood & Harkness LLP.

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer Associate Calderwood & Harkness LLP

Date: April 20, 2023

cc: Nadia Petrov, Litigation Support Coordinator

Facility #	Address	Primary Function
1	8500 Sunset Blvd., Suite 1400, West Hollywood, CA 90069	Headquarters & post-production
2	4024 Penmark Strategy Partners Avenue, Studio City, CA 91604	Stage A & B — unscripted programming
3	15301 Ventura Blvd., Suite 300, Sherman Oaks, CA 91403	Digital content production
4	3800 W. Alameda Ave., Burbank, CA 91505	Live events & field production coordination
5	1438 N. Gower Street, Hollywood, CA 90028	Scripted development
6	2120 Colorado Avenue, Santa Monica, CA 90404	E-commerce studio
7	888 N. Sepulveda Blvd., El Segundo, CA 90245	Post-production annex
Likely Question	Suggested Approach
"How many of AMA's shows had production days exceeding 10 hours?"	Provide specific information by show unit. Acknowledge that field-based and live event shows frequently exceeded ten hours; studio-based and post-production shows rarely did. Emphasize the variation across show units rather than providing a single company-wide answer.
"On days exceeding 10 hours, was a second meal period always provided?"	Testify that second meal periods were scheduled on the call sheet for extended production days, consistent with AMA's policy. If pushed on whether every individual employee received a second meal on every extended day, acknowledge that she cannot speak to every individual employee's experience across all show units and all production days but that AMA's policy required second meal periods and UPMs were expected to implement them.
"Were production coordinators expected to arrive before call time to set up?"	Testify that the call time is the time at which the work day begins; if pre-production setup is expected for a particular role, the call time for that role should reflect the earlier start. AMA does not expect or direct employees to work before their clock-in time.
"How much time does typical pre-shift setup take for a production coordinator?"	Acknowledge that some setup occurs at the beginning of each production day — reviewing call sheets, organizing equipment, checking in with departments — but characterize these activities as part of the production day that should be captured within the call time. Avoid quantifying a specific number of minutes that would validate Plaintiffs' thirty- to forty-five-minute allegation. If pressed for a specific number, she should say that setup time varies depending on the show unit, the role, and the production day.
"Did you ever observe crew members working before their official call time?"	Answer truthfully but without volunteering unnecessary detail. If she has observed crew members arriving early, she can say she has occasionally seen crew members arrive at the facility before their official call time, but she cannot speak to whether they were performing compensable work or engaged in personal preparation activities.
"Does AMA track how many crew members miss their meal periods?"	Explain that the TimeTrack Pro system includes a Missed Meal Attestation feature (where activated) that allows employees to report missed meals through the timekeeping system. Defer detailed technical questions about the system to Karen Fong (Payroll Manager) or to AMA's PMK on timekeeping, Lorraine Okafor. Note that Ms. Arroyo is not designated as PMK on timekeeping systems, and detailed questions about system functionality should be directed to the appropriate witnesses.
"What is the role of the UPM in scheduling breaks?"	Testify that the UPM has primary responsibility for day-to-day production scheduling, including designating meal break times on the daily call sheet. UPMs operate within AMA's policy framework but exercise professional judgment based on the specific production needs and conditions of their assigned show unit.
"Are there any AMA facilities where breaks are harder to provide?"	This is a potentially harmful question — answering "yes" could be construed as conceding that some employees systematically missed breaks due to conditions at certain facilities. Ms. Arroyo should acknowledge that different production environments present different logistical challenges — for example, remote field locations present different challenges than controlled studio environments — but she should emphasize that AMA's meal and rest break policy applies uniformly across all facilities and show units and that UPMs are expected to provide compliant breaks regardless of the production environment.
"What happens if a meal break would interrupt a critical scene?"	Testify that AMA's production protocols allow for reasonable scheduling of breaks around critical production moments but that meal breaks cannot be indefinitely deferred. If a break is delayed due to production needs, it should be provided as soon as practicable. Acknowledge that this is a judgment call for the UPM, exercised in the context of specific production conditions on a given day, and that it varies by show unit and by situation.

CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-8400 | Facsimile: (213) 555-8401
CONFIDENTIAL — ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED
MEMORANDUM
TO: Renata Vasquez
FROM: Devon Archer
DATE: April 20, 2023
RE: Deposition Preparation — Celine Arroyo (PMK: Production Scheduling and Staffing)
Matter No.: 1017-00004
Right-click to update Table of Contents
I. Overview
Celine Arroyo, Director of Production Operations for Aurelius Media Americas Inc. ("AMA"), has been designated as AMA's Person Most Knowledgeable ("PMK") on the following deposition topics noticed by Plaintiffs in the above-referenced consolidated wage-and-hour class action. Plaintiffs are represented by Castellano Byrne & Salas LLP ("CB&S"), with Marco Castellano and Diane Salas serving as lead class counsel, and Sandra Higuera of Veltrano Employment Law Group PC serving as PAGA co-counsel. The topics designated for Ms. Arroyo's PMK testimony are as follows:
•  Topic 4: Production scheduling practices at AMA's California facilities;
•  Topic 6: Staffing levels and supervisor-to-employee ratios at AMA's production facilities;
•  Topic 7: Practices regarding pre-shift and post-shift work (alleged off-the-clock work); and
•  Topic 9: Practices regarding second meal periods for shifts exceeding ten (10) hours.
The underlying litigation is Fuentes v. Aurelius Media Americas Inc., Los Angeles Superior Court Case No. 22STCV38214, which has been consolidated with Halloran v. AMA, Case No. 22STCV39501, and assigned to the Honorable Raymond Escobedo, Department 34. The case involves putative class claims under the California Labor Code and the applicable Industrial Welfare Commission ("IWC") Wage Orders, as well as representative PAGA claims, brought on behalf of approximately 1,850 current and former non-exempt, hourly employees of AMA who worked at AMA's California production facilities during the class period of November 1, 2018 through the present.
Ms. Arroyo's deposition date is to be confirmed but is anticipated for late April or early May 2023. The deposition will take place either at our offices or at the offices of Plaintiffs' counsel, CB&S, located at 11755 Wilshire Boulevard, Suite 900, Los Angeles, California 90025, pursuant to the agreement of counsel reached during the March 30, 2023 informal discovery conference.
All seven of AMA's California production facilities and all fourteen (14) distinct show units that operated during the class period are within the scope of the noticed deposition topics. This memorandum is intended to guide the preparation of Ms. Arroyo for her deposition testimony and to identify key factual areas, sensitive issues, and strategic messaging that should be addressed during the preparation session.
II. Background on Celine Arroyo
Ms. Arroyo currently holds the title of Director of Production Operations for AMA and reports directly to Jonathan Mercer, President of AMA. In this capacity, Ms. Arroyo is responsible for overseeing day-to-day production operations across all seven of AMA's California production facilities. Her responsibilities encompass the supervision and coordination of production scheduling, crew deployment, and facility management for AMA's entire California production footprint.
Ms. Arroyo has direct or dotted-line authority over the Unit Production Managers ("UPMs") and Line Producers who manage individual show units. She is thus positioned within the AMA organizational hierarchy as the senior operational executive with oversight over the personnel and functions that are most directly implicated by Plaintiffs' claims. She is thoroughly familiar with production scheduling practices, crew deployment protocols, call sheets, wrap reports, and the facility-specific operational differences that exist across AMA's California operations.
Ms. Arroyo was identified as a key custodian in this litigation in the November 2, 2022 litigation hold notice issued by AMA's in-house counsel. Her custodial files, including email communications, production memoranda, staffing reports, and related documents, have been collected and are currently under review for privilege and responsiveness.
Her testimony will be critical to AMA's class certification defense. Specifically, AMA's opposition to class certification will rely heavily on the argument that individualized inquiry predominates over common questions because of the significant variation in production scheduling practices, staffing ratios, and operational conditions across AMA's seven facilities and fourteen show units. Ms. Arroyo, as the most senior operational executive with direct knowledge of these variations, is uniquely positioned to provide testimony supporting this defense theory.
III. AMA California Production Facilities and Show Units — Key Facts for Preparation
Ms. Arroyo should be thoroughly conversant with the operational profile of each of the seven California production facilities and the fourteen show units that operated during the class period. This section summarizes the key facts that she should be prepared to discuss.
A. Facilities
AMA operates seven production facilities in California. Each facility serves a distinct primary function within AMA's production operations. The following table summarizes the location and primary function of each facility:
Ms. Arroyo should be prepared to describe the physical layout, operational characteristics, and typical staffing profile of each facility. She should be familiar with the differences in the production environments across these facilities — for example, the difference between the controlled studio environment at Facility 2 (Studio City) and the office-based post-production environment at Facility 7 (El Segundo). These differences are central to AMA's predominance argument.
B. Show Units
During the class period, AMA operated fourteen (14) distinct production units. All of these show units operated under IWC Wage Order 12 (Motion Picture Industry), which governs wage-and-hour requirements for employees in the motion picture industry in California.
The show units vary dramatically in type, and this variation is a cornerstone of AMA's class certification defense. Ms. Arroyo should be prepared to describe the following categories of show units and the operational differences among them:
Studio-Based Productions. These include shows such as "Kitchen Clash," which is filmed at Facility 1 in West Hollywood. Studio-based productions typically involve predictable eight- to ten-hour production days in a controlled indoor environment. Meal breaks are scheduled in advance as part of the daily production plan, and the controlled environment allows breaks to be taken at the scheduled time without significant interruption. Crew members work within the studio facility and have ready access to break areas, restrooms, and food service.
Field-Based Productions. These include shows such as "Summit Challenge," which is coordinated from Facility 4 in Burbank but filmed at various outdoor locations throughout California and occasionally in other states. Field-based productions are characterized by extended shoot days of twelve to sixteen hours, frequent travel to remote outdoor locations, and logistical challenges inherent in remote production — including limited shelter, variable weather conditions, difficult terrain, and the need to coordinate transportation to and from location. While meal breaks are included in the daily call sheet for field-based productions, the practical implementation of fully uninterrupted thirty-minute breaks can be challenging due to these logistical factors. "Summit Challenge" is AMA's top-performing unscripted franchise, generating approximately $42 million in annual revenue, and it is one of the productions that will receive the most scrutiny from Plaintiffs.
Live Events. AMA produces coverage of concerts, award shows, and similar live events, coordinated from Facility 4 in Burbank. Live event productions involve unique scheduling constraints dictated by the timing of the live event itself. Crew members must be in position from load-in through the live broadcast or webcast and through the post-show breakdown. Meal breaks are provided when feasible, but the live nature of these events creates significant time pressures that can affect the timing and duration of breaks.
Post-Production. Post-production operations are based at Facilities 1, 5, and 7. These are office-based environments with regular eight- to ten-hour work schedules. Standard meal and rest breaks are provided in accordance with AMA's policies, and the office environment presents minimal logistical obstacles to break compliance.
Digital Content. Digital content production is based at Facility 3 in Sherman Oaks and involves a hybrid schedule that includes both studio-based work and remote shoots. Schedules vary significantly depending on the type of content being produced — for example, short-form social media content may involve brief, concentrated shoot days, while longer-form digital series may more closely resemble traditional studio-based production schedules.
This variation across show units is the foundation of AMA's class certification defense under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004. AMA will argue that individualized inquiry predominates because each show unit operates under different production conditions, different scheduling practices, different supervisory structures, and different logistical constraints, making it impossible to determine on a class-wide basis whether AMA "provided" compliant meal and rest breaks. Ms. Arroyo's testimony regarding these variations will be critical to this argument.
IV. Key Documents for Review
Ms. Arroyo should review the following documents in preparation for her deposition. These documents should be assembled in a preparation binder for use during the preparation session. Nadia Petrov will be responsible for assembling this binder.
1.  AMA Employee Handbook (March 2021 revision) — particularly Section 4.3 (Meal Periods), Section 4.4 (Rest Periods), and Section 4.7 (Timekeeping). Ms. Arroyo should be familiar with the substance of these policies, though she should not be expected to recite them verbatim.
2.  AMA Meal and Rest Break Policy (standalone document, effective January 1, 2019) — this is the standalone policy document that sets forth AMA's meal and rest break requirements in greater detail than the Employee Handbook. Ms. Arroyo should be familiar with the key provisions of this policy, including the applicable thresholds for meal period eligibility and the procedures for reporting missed meals.
3.  Representative daily call sheets for at least five to six show units spanning different production types (studio-based, field-based, live events, post-production, and digital content). Ms. Arroyo should review these call sheets to refresh her recollection regarding how meal breaks are typically designated on call sheets and how call times are set for different types of production days.
4.  Representative wrap reports for extended production days (twelve-plus-hour shifts) — particularly from "Summit Challenge" and live event productions. Wrap reports document the actual timing of events during the production day, including wrap time, and can be compared against call sheets to assess whether the planned schedule was followed.
5.  Production schedules for representative show units during the class period — these are the broader scheduling documents that outline the planned production calendar for each show unit, including shooting dates, locations, and anticipated crew requirements.
6.  AMA organizational charts showing the supervisory chain from Arroyo to UPMs and Line Producers and from UPMs and Line Producers to crew members. These charts are relevant to Topic 6 (staffing levels and supervisor-to-employee ratios) and will help Ms. Arroyo testify accurately about reporting relationships and supervisory structures.
7.  Staffing rosters for each facility with supervisor-to-employee ratios for each show unit and facility type. Ms. Arroyo should be prepared to provide at least approximate ratios during her testimony.
8.  Any written production protocols or guidelines provided to UPMs and Line Producers regarding the scheduling of meal and rest breaks during production days. The existence and content of these guidelines are significant — if AMA provided written guidance to UPMs regarding break scheduling, this supports the argument that AMA had policies and procedures in place to ensure compliance. If no written guidelines exist, Ms. Arroyo should be prepared to explain how break scheduling expectations were communicated to UPMs.
9.  TimeTrack Pro system overview — Ms. Arroyo need not be the technical expert on AMA's timekeeping system, but she should have a basic understanding of how the TimeTrack Pro system interfaces with production scheduling and call times. She should understand, at a high level, how employees clock in and out, how the system records work hours, and how the system interacts with the daily call sheet and production schedule.
10.  Named plaintiffs' deposition transcripts — Marisol Fuentes's deposition is scheduled for May 2, 2023. If the Fuentes transcript is available before Ms. Arroyo's deposition, she should review it to understand the specific factual allegations and testimony of the lead named plaintiff. Yesenia Padilla's deposition is scheduled for May 9, 2023, and Derek Halloran's deposition is scheduled for May 16, 2023. These transcripts may not be available before Ms. Arroyo's deposition, depending on scheduling.
11.  Lorraine Okafor's PMK deposition transcript — Ms. Okafor is designated as AMA's PMK on Topics 1, 2, 3, 5, and 8 (timekeeping and meal/rest break policies). Her deposition is scheduled for May 4, 2023. It is essential that we coordinate the preparation of Ms. Arroyo and Ms. Okafor to ensure consistency between their testimony, particularly on overlapping topics such as AMA's meal period policy and the functionality of the TimeTrack Pro system. If Ms. Okafor's deposition occurs before Ms. Arroyo's, Ms. Arroyo should review the Okafor transcript.
V. Key Messages
Ms. Arroyo should communicate the following themes throughout her testimony. These themes should not be delivered as rehearsed talking points but should emerge naturally from her answers as the underlying factual narrative of her testimony. Each theme is discussed below, together with the supporting facts and specific examples that Ms. Arroyo should be prepared to discuss.
Message 1: Production Schedules Vary Significantly Across Show Units
Each of AMA's fourteen show units operates on its own production schedule, which is driven by the creative, logistical, and business requirements specific to that show. Scheduling decisions are made by the UPM or Line Producer assigned to each show unit, in coordination with the show's executive producers and AMA's production operations team. There is no single, uniform production schedule that applies across all of AMA's show units or facilities.
Ms. Arroyo should emphasize that the variation in production schedules is a natural and inevitable consequence of the diversity of AMA's programming. The scheduling differences across show units are not the result of any effort by AMA to avoid compliance with California's wage-and-hour laws but rather reflect the inherent differences in the production requirements of different types of content.
Ms. Arroyo should be prepared to discuss the following specific examples:
Studio-based shows (e.g., "Kitchen Clash," filmed at Facility 1 in West Hollywood). These shows typically involve consistent eight- to ten-hour production days. Crew members arrive at a designated call time, shoot in a controlled studio environment with predictable conditions, and wrap at a predictable time. Meal breaks are scheduled into the production day and are typically observed without significant interruption. The controlled studio environment allows for reliable scheduling and break compliance.
Field-based shows (e.g., "Summit Challenge," coordinated from Facility 4 in Burbank and filmed at various outdoor locations). These shows involve extended shoot days of twelve to sixteen hours. Crew members travel to remote outdoor locations, where production conditions — including weather, terrain, natural light, and the availability of shelter and facilities — can affect the timing and implementation of scheduled breaks. Meal breaks are included in the daily call sheet, but the practical implementation of breaks can be affected by the logistical realities of remote production. "Summit Challenge" is AMA's top-performing unscripted franchise, generating approximately $42 million in annual revenue, and its production schedule is driven by the creative requirements of the show and the constraints of outdoor filming.
Live events (coordinated from Facility 4 in Burbank). The scheduling of live event productions is dictated by the timing of the live event itself — the load-in time, the start time of the event, the duration of the broadcast, and the post-show breakdown. Crew members must be in position throughout the event, and breaks are scheduled around the event timing. The live nature of these productions creates scheduling constraints that differ fundamentally from those present in studio-based or post-production environments.
Post-production (Facilities 1, 5, and 7). Post-production operations are conducted in an office environment with regular eight- to ten-hour work schedules. Standard meal and rest breaks are provided in accordance with AMA's policies, and the office setting presents minimal logistical obstacles to break compliance.
Digital content (Facility 3, Sherman Oaks). Digital content production involves a hybrid schedule with both studio-based work and remote shoots. Schedules vary significantly by content type, and the operational conditions differ from those in traditional studio-based or field-based productions.
This variation across show units is a central element of AMA's defense, and Ms. Arroyo should communicate it clearly and with specificity. General statements about variation are less persuasive than concrete examples that illustrate the differences in production environments, schedules, and break practices across show units.
Message 2: Supervisors (UPMs/Line Producers) Have Discretion
Each show unit has its own UPM or Line Producer who is responsible for day-to-day scheduling decisions, including the scheduling of meal and rest breaks for the crew. AMA provides UPMs with written guidelines regarding break scheduling — Ms. Arroyo should identify and review these guidelines before the deposition — but the specific implementation of those guidelines is left to each UPM's professional judgment based on the production needs and conditions of the particular show unit on any given day.
This decentralized supervisory structure is another pillar of AMA's class certification defense. Because individual UPMs exercise professional judgment in implementing AMA's break policies, the practices regarding meal and rest breaks vary not only across show units but also across individual UPMs within the same show unit. This means that a class-wide determination of whether AMA "provided" compliant breaks is not possible — such a determination would require individualized inquiry into the practices of each UPM on each production day.
Ms. Arroyo should be prepared to testify regarding the approximate number of individuals who held UPM or Line Producer roles across the fourteen show units during the class period. This information will be important in establishing the breadth of supervisory discretion exercised within AMA's operations.
Message 3: Meal Breaks Are Scheduled in Production Planning
AMA's production protocols include a designated meal break in the daily call sheet for every production day. Call sheets are prepared by the UPM or assistant director assigned to each show unit and are distributed to all crew members in advance of each production day, typically the evening before or the morning of the shoot. The call sheet specifies the scheduled meal break time, which is typically scheduled after the fifth or sixth hour of work, consistent with the requirements of IWC Wage Order 12 and California Labor Code Section 512.
Ms. Arroyo should be able to testify that it is standard AMA practice to schedule meal breaks on every production day and that AMA does not have a policy of denying or discouraging meal breaks. She should describe the call sheet process as the primary mechanism through which meal breaks are planned and communicated to crew members.
Ms. Arroyo should also acknowledge that in practice, production realities sometimes require adjustments to the scheduled break time. For example, if a critical scene is being filmed and is nearing completion at the scheduled break time, the UPM may exercise judgment to complete the scene before calling the break. However, the break is always planned and scheduled, and any delay in providing the break does not reflect an AMA policy to deny breaks but rather the exercise of professional judgment by the UPM in response to production conditions. This acknowledgment should be offered carefully and in measured terms to avoid creating the impression that breaks were routinely delayed or denied.
Message 4: Pre-Shift and Post-Shift Work — Policy vs. Practice
AMA's policy requires that production coordinators and assistants arrive at the designated call time and begin work at call time. Any pre-production setup that is expected to occur before the start of principal photography or the beginning of the day's production activities should be reflected in an appropriately earlier call time on the call sheet. In other words, if a production coordinator is expected to arrive thirty minutes before the camera crew to set up workstations, the production coordinator's call time should be set thirty minutes earlier than the camera crew's call time.
Ms. Arroyo should testify clearly and unequivocally that AMA does not have a policy directing, requiring, or expecting employees to perform work before clocking in or after clocking out. AMA's expectation is that employees record all compensable work time in the TimeTrack Pro system, and AMA's policy prohibits off-the-clock work.
Ms. Arroyo should acknowledge that in practice, some crew members arrive at the facility before their official call time. She should characterize this early arrival as voluntary and not directed by AMA or by UPMs. She should note that early-arriving crew members may engage in personal preparation activities — getting coffee, changing into work attire, reviewing personal messages, greeting colleagues — that are not compensable work time.
Ms. Arroyo should be prepared to discuss the distinction between compensable "suffered or permitted" work (such as setting up equipment, logging footage, loading trucks, or performing other work tasks at the direction of or for the benefit of AMA) and non-compensable personal preparation. This distinction is critical to the off-the-clock claims and will likely be a focus of Plaintiffs' questioning.
Prior to the deposition, we should prepare a comparison of official call times from sample call sheets with TimeTrack Pro punch-in times for the same employees on the same dates. If call times consistently align with clock-in times, this supports AMA's position that employees are clocking in at the start of their workday and that any pre-call-time activity is personal and non-compensable. If there is a systematic gap between call times and clock-in times — particularly if employees are consistently clocking in significantly after their official call time, which could suggest that call times are being set before employees actually arrive, or conversely, if employees are consistently clocking in well before their official call time, which could suggest that compensable work is being performed before the official start of the production day — this would be a vulnerability that Ms. Arroyo should be prepared to address. This analysis should be completed before the preparation session.
VI. Sensitive Areas — Preparation Notes
The following areas are identified as particularly sensitive and require careful preparation. These are the areas where Plaintiffs' counsel is most likely to press for admissions that could be harmful to AMA's defense, and where Ms. Arroyo's testimony must be both truthful and strategically disciplined.
A. Extended Production Days and Second Meal Periods (Topic 9)
This is a significant area of inquiry. Plaintiffs will focus on shows with twelve- to sixteen-hour shooting days, where second meal periods are required under IWC Wage Order 12, Section 11, and California Labor Code Section 512 for shifts exceeding ten hours. The second meal period must be provided no later than the end of the tenth hour of work, and it must be an uninterrupted thirty-minute off-duty period.
Ms. Arroyo should be prepared to discuss the following specific topics in connection with second meal periods:
•  How second meal periods are scheduled on extended shoot days — specifically, whether the daily call sheet for an extended shoot day includes a designated second meal break time, and how the timing of the second meal break is determined relative to the first meal break and the overall production schedule.
•  Whether the daily call sheet for an extended shoot day includes a second meal break — if so, she should be prepared to point to representative call sheets showing the second meal break. If not, she should be prepared to explain how second meal periods are communicated and scheduled in the absence of a specific designation on the call sheet.
•  Whether there have been instances where second meal periods were missed or shortened on extended shoot days — and if so, the circumstances of those missed or shortened meals.
•  The frequency of shifts exceeding ten hours across different show units — this frequency will vary dramatically by show unit type. Post-production units rarely, if ever, have shifts exceeding ten hours. Field-based productions, such as "Summit Challenge," frequently do. Live event productions may also involve extended shifts depending on the duration and complexity of the event. Ms. Arroyo should be prepared to provide at least approximate data regarding the prevalence of extended shifts across different show unit types.
Coaching point: Ms. Arroyo should be candid but precise in addressing questions about second meal periods. If second meal periods were sometimes missed on extended field shoots due to production conditions, she should acknowledge this honestly but explain the specific context — for example, the crew was at a remote location with difficult terrain, adverse weather conditions developed during the shoot, or a critical scene needed to be completed before losing daylight. She should also note that AMA's meal period policy requires second breaks on shifts exceeding ten hours and that any missed break should trigger a meal period premium payment under AMA's policy. The key is to acknowledge that lapses occurred while framing them as the product of specific, varying production conditions rather than a systematic company-wide practice of denying second meal periods.
B. "Frenchies" (Short Turnarounds)
In entertainment industry jargon, a "Frenchy" (or "French hours") refers to a scheduling arrangement where the production crew works through the standard meal break in exchange for a shorter overall production day, or where the crew is called back within a short turnaround period (less than the standard twelve-hour rest period between wrap time and the next day's call time). The term is widely used in the entertainment industry but may carry negative connotations when presented to a court or jury, as it can suggest a casual or cavalier attitude toward employee break rights.
While "Frenchies" or "French hours" are not directly at issue in the Complaint, Plaintiffs' counsel may use questions about these practices to paint a broader picture of an industry culture that disregards employee welfare and break requirements. This is a narrative strategy designed to establish a hostile work environment with respect to breaks and to suggest that AMA participated in industry-wide norms that prioritized production efficiency over legal compliance.
Coaching points for this topic:
•  If asked about "Frenchies" or "French hours," Ms. Arroyo should explain the concept clearly and without evasion. Attempting to feign ignorance of the term would undermine her credibility as a senior production operations executive in the entertainment industry.
•  She should clarify whether AMA uses "French hours" as a formal scheduling practice and, if so, under what specific circumstances. If AMA does not use "French hours" as a formal practice, she should say so. If it is used informally or on an ad hoc basis, she should describe the circumstances and frequency.
•  If AMA uses any form of modified meal scheduling — whether or not it is called "French hours" — Ms. Arroyo should be prepared to explain whether compliant on-duty meal period agreements are in place for the affected employees. Under IWC Wage Order 12, on-duty meal periods are permitted only when the nature of the work prevents the employee from being relieved of all duties, and only with written consent that is revocable at any time by the employee.
•  Ms. Arroyo should not volunteer information about "Frenchies" or "French hours" if the topic is not raised by Plaintiffs' counsel. There is no reason to introduce this concept into the record unless opposing counsel brings it up.
C. Off-the-Clock Setup and Wrap (Topic 7)
This is the most fact-intensive area for Ms. Arroyo's testimony and the area that presents the greatest risk of harmful admissions. Plaintiffs' core allegation on this topic is that production coordinators and post-production assistants were routinely required to perform thirty to forty-five minutes of pre-shift setup work (including loading equipment, reviewing production materials, setting up workstations, checking in with departments, and preparing call sheets for distribution) and fifteen to thirty minutes of post-shift wrap work (including securing equipment, completing paperwork, uploading footage, and locking down sets) that was not recorded in TimeTrack Pro and was not compensated.
Ms. Arroyo should acknowledge that some pre-production setup and post-production wrap occurs in the entertainment industry. This is not unique to AMA and is an inherent feature of production operations in the motion picture industry. She should not attempt to deny that any setup or wrap work occurs, as this would be contrary to common knowledge in the industry and would undermine her credibility.
Ms. Arroyo should testify clearly on the following points:
•  AMA's expectation is that employees clock in when they begin performing any compensable work, including pre-production setup. This is AMA's policy, and it is communicated to employees in the Employee Handbook and in the standalone Meal and Rest Break Policy.
•  If pre-shift setup is expected for a particular role or a particular production day, the call time for those employees should be set earlier to account for the setup time. This is the responsibility of the UPM, who sets call times on the daily call sheet.
•  Ms. Arroyo is not aware of any AMA policy directing employees to work before clocking in or after clocking out. To the contrary, AMA's policy prohibits off-the-clock work.
Coaching point — critical: Ms. Arroyo should not speculate about what individual employees did before or after clocking in at any particular facility on any particular day. If asked a question such as "Did production coordinators at the Studio City facility perform setup work before their official clock-in time?", she should respond that she cannot speak to the experience of every individual employee at every facility on every production day; that AMA's policy requires employees to clock in when they begin performing compensable work; and that if any employee performed work before clocking in, that time should have been recorded in the TimeTrack Pro system. She should frame her answer in terms of AMA's policy and her general understanding of how that policy is implemented, rather than providing specific factual testimony about what occurred at particular facilities.
Ms. Arroyo should not volunteer that she is aware of systemic off-the-clock work at AMA, even if she has personal observations or anecdotal knowledge of employees arriving early and performing tasks before clocking in. Such testimony would be devastating to AMA's defense — it would establish that a senior executive with supervisory authority over production operations had actual knowledge of widespread off-the-clock work and failed to take corrective action. She should testify truthfully to AMA's policy and her understanding of how it is implemented, and she should refrain from providing narratives or anecdotes that go beyond the specific question asked.
Review of call sheets vs. TimeTrack data: As noted above, we should prepare a detailed comparison of official call times from sample call sheets with TimeTrack Pro punch-in times for the same employees on the same dates. This comparison should cover multiple show units and multiple production types. If call times consistently align with clock-in times (within a reasonable margin), this supports AMA's position. If there is a systematic gap — for example, if employees consistently clocked in thirty to forty-five minutes after the official call time (suggesting that the call time was aspirational and that employees routinely arrived later) or if employees consistently clocked in at the official call time but call times were set thirty to forty-five minutes after employees were actually expected to begin working (suggesting that the call sheet underrepresented the actual work period) — this would be a significant vulnerability. Ms. Arroyo should be prepared to explain any discrepancy revealed by this analysis. This analysis should be completed and reviewed before the preparation session on April 25, 2023.
D. Staffing Levels and Supervisor-to-Employee Ratios (Topic 6)
Plaintiffs will probe whether AMA had sufficient supervisory staff to monitor and enforce compliance with meal and rest break requirements. This line of questioning is designed to suggest that AMA's supervisory structure was inadequate to ensure that employees actually took their breaks, even if AMA had policies on paper requiring breaks.
Ms. Arroyo should be prepared to provide approximate supervisor-to-employee ratios for each show unit and facility type. Based on our current understanding of AMA's staffing data, the approximate ratios are as follows:
•  Studio-based productions: typically one UPM per fifteen to twenty-five crew members.
•  Field-based productions: typically one UPM per twenty to thirty-five crew members, with larger crews deployed on remote shoots that require additional logistical support.
•  Live events: typically one UPM or stage manager per thirty to fifty crew members, with larger events staffed by additional support personnel.
•  Post-production: one supervisor per eight to twelve post-production staff members.
Ms. Arroyo should explain that the UPM is not the only individual with supervisory responsibilities on a production set. Assistant directors, department heads (e.g., heads of camera, lighting, sound, wardrobe, and construction departments), and senior coordinators also have supervisory responsibilities within their respective departments. The effective supervisory ratio on any given production day is therefore lower than the UPM-to-crew ratio alone would suggest.
Coaching point: If Plaintiffs argue that high supervisor-to-employee ratios meant that supervisors could not effectively monitor whether individual employees were taking their breaks, Ms. Arroyo should respond that AMA's meal and rest break policy places the obligation on the employee to take breaks and on the UPM to schedule breaks in the daily call sheet. AMA's obligation under California law is to provide breaks — not to ensure or police that each individual employee takes a break. Under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, an employer satisfies its obligation to "provide" a meal period by relieving the employee of all duties for the break period and relinquishing control over the employee's activities. The employer is not required to monitor each employee to ensure the employee does not voluntarily choose to continue working during the break period. Ms. Arroyo should be familiar with this legal framework but should express it in operational rather than legal terms — for example, by saying that AMA's practice is to schedule breaks and to instruct crew members to take breaks, not to follow each crew member around to make sure they stop working.
E. Named Plaintiffs' Facilities and Divisions
Ms. Arroyo should be aware of the specific operational environments where each named plaintiff worked, as this information supports AMA's typicality defense. AMA will argue that the named plaintiffs are not typical of each other, let alone of a putative class of 1,850 employees, because each named plaintiff worked in a different division, at a different facility, under different supervisors, with different production schedules, and under different operational conditions.
The relevant facts for each named plaintiff are as follows:
Marisol Fuentes (Production Coordinator, Unscripted Programming Division). Ms. Fuentes worked at the Studio City facility (Facility 2) from March 14, 2019 to August 5, 2022. Her hourly rate at the time of separation was $28.50 per hour. As a production coordinator in the Unscripted Programming Division, Ms. Fuentes worked on studio-based unscripted programming filmed at Stages A and B in Studio City. Her work environment was a controlled studio setting with relatively predictable production schedules and standard shift lengths.
Derek Halloran (Post-Production Assistant, Digital Content Division). Mr. Halloran worked at the Hollywood facility (Facility 5) from June 1, 2020 to November 30, 2022. His hourly rate at the time of separation was $24.75 per hour. As a post-production assistant in the Digital Content Division, Mr. Halloran worked in an office-based environment at the Scripted Development facility. His work involved post-production tasks performed during standard office hours, with regular eight- to ten-hour shifts and standard break schedules.
Yesenia Padilla (Segment Coordinator, Live Events Division). Ms. Padilla worked at the Burbank facility (Facility 4) from January 10, 2018 to May 17, 2022. Her hourly rate at the time of separation was $31.00 per hour. As a segment coordinator in the Live Events Division, Ms. Padilla worked on live event productions with scheduling dictated by the timing and logistics of live performances. Her work involved extended shifts, irregular hours, and the unique scheduling pressures of live production.
The critical point is that each named plaintiff worked in a different division, at a different facility, under different supervisors, with different production schedules and different operational conditions. This diversity among the named plaintiffs supports AMA's argument that they are not typical of each other and cannot adequately represent a class of 1,850 employees whose experiences varied across seven facilities, fourteen show units, and multiple production types.
Ms. Arroyo should be prepared to describe the operational differences between unscripted programming (Studio City), post-production (Hollywood), and live events (Burbank) with specificity and in concrete terms. She should be able to explain why the scheduling practices, break implementation, staffing ratios, and day-to-day operational conditions differed across these divisions and facilities.
VII. Anticipated Lines of Questioning by Plaintiffs' Counsel
The following table identifies anticipated lines of questioning from Plaintiffs' counsel, together with suggested approaches for Ms. Arroyo's responses. These suggested approaches are guidelines, not scripts — Ms. Arroyo should answer each question in her own words and based on her personal knowledge, while keeping these strategic considerations in mind.
VIII. Coordination with Other PMK Depositions
Coordination between Ms. Arroyo's testimony and the testimony of AMA's other PMK witnesses and key personnel is essential to ensuring consistency across AMA's deposition record.
Lorraine Okafor (PMK: Timekeeping and Meal/Rest Break Policies — Topics 1, 2, 3, 5, and 8). Ms. Okafor's deposition is scheduled for May 4, 2023. Ms. Okafor will cover policy-level and system-level questions, including the content and implementation of AMA's written meal and rest break policy, the configuration and functionality of the TimeTrack Pro timekeeping system, the auto-deduction feature, and the Missed Meal Attestation feature. Ms. Arroyo should defer questions regarding AMA's written policies (beyond general familiarity) and questions regarding the technical functioning of the TimeTrack Pro system to Ms. Okafor. Ms. Arroyo should focus her testimony on production operations and scheduling — that is, on how AMA's policies are implemented in practice on the production floor.
Karen Fong (Payroll Manager). Ms. Fong will testify on technical payroll and timekeeping matters, including the calculation and payment of meal period premiums, the processing of timecard corrections, and the technical configuration of the TimeTrack Pro system. Ms. Arroyo should defer payroll-specific questions and detailed technical timekeeping questions to Ms. Fong.
Consistency is critical. Ms. Arroyo's testimony about AMA's break policies and practices must be consistent with the testimony provided by Ms. Okafor and Ms. Fong. Even minor inconsistencies between PMK witnesses can be exploited by Plaintiffs' counsel at class certification to argue that AMA's policies were confused, poorly communicated, or not uniformly implemented. We should coordinate the preparation sessions for Ms. Arroyo and Ms. Okafor to ensure alignment on the following specific topics:
•  The description of the meal period policy (five-hour vs. six-hour threshold issue). Ms. Okafor will address the discrepancy between the Employee Handbook (which states that a meal period is provided for shifts exceeding five hours) and the auto-deduction threshold in TimeTrack Pro (which was configured to deduct a meal period for shifts exceeding six hours during a portion of the class period). Ms. Arroyo should be aware that this discrepancy exists but should not be the primary witness on the issue. If asked about the threshold, she should refer to AMA's written policy and defer technical system configuration questions to Ms. Okafor or Ms. Fong.
•  The role of the Missed Meal Attestation feature. Ms. Arroyo should know that the TimeTrack Pro system includes a Missed Meal Attestation feature that allows employees to report missed meals. She should also know that this feature was not activated at all facilities during the entire class period. However, detailed testimony about when the feature was activated at each facility, how the feature works, and what data the feature generates should be provided by Ms. Okafor and Ms. Fong.
•  The fourteen (14) formal employee complaints regarding meal and rest breaks during the class period. Ms. Okafor will testify on the substance of these complaints and HR's response to them. Ms. Arroyo should be aware that formal complaints were made during the class period — and she should not be surprised or caught off guard if Plaintiffs' counsel asks her about them — but she should defer detailed questions about the content of the complaints and the investigation and remediation process to Ms. Okafor, who is better positioned as the PMK on break policies to address those topics.
We should schedule Ms. Arroyo's and Ms. Okafor's preparation sessions on consecutive days (April 24 for Okafor, April 25 for Arroyo) to facilitate coordination and to ensure that any issues identified during Ms. Okafor's preparation session can be addressed in Ms. Arroyo's session the following day.
IX. Documents to Bring / Have Available at Deposition
The following documents should be assembled and available at the deposition for reference by counsel and, where appropriate, for use as potential exhibits:
1.  Representative call sheets for at least three to four show units, covering studio-based, field-based, live event, and post-production productions. These call sheets should be marked for identification as potential exhibits and should be reviewed by Ms. Arroyo during the preparation session so that she is familiar with their content and format.
2.  AMA production protocols or guidelines for UPMs regarding break scheduling, if written guidelines exist. The existence of these written guidelines is an important element of AMA's defense — they demonstrate that AMA communicated break scheduling expectations to its supervisory personnel. If written guidelines do not exist, this is a point of vulnerability that should be addressed during the preparation session.
3.  Organizational chart showing Ms. Arroyo's reporting relationships and the supervisory chain from Ms. Arroyo to UPMs and Line Producers and from UPMs and Line Producers to crew members.
4.  AMA Employee Handbook (March 2021 revision) — the meal and rest break sections (Sections 4.3 and 4.4) and the timekeeping section (Section 4.7).
5.  AMA Meal and Rest Break Policy (standalone document, effective January 1, 2019).
All documents brought to the deposition should be reviewed by counsel for privilege before the deposition. Any privileged documents should not be included in the deposition binder.
X. Practice Session
We recommend a three-hour preparation session with Ms. Arroyo to prepare her for the deposition. The proposed date for the preparation session is April 25, 2023, subject to confirmation with AMA and coordination around Ms. Okafor's preparation session, which is proposed for April 24, 2023.
The preparation session should be structured as follows:
First 45 minutes (Renata Vasquez attending): This portion of the session should cover the most sensitive areas of anticipated testimony — off-the-clock work (Topic 7), second meal periods on extended production days (Topic 9), and the "industry culture" narrative, including "Frenchies" and the broader theme that AMA participated in entertainment industry norms that prioritized production efficiency over employee welfare. Ms. Vasquez should lead the discussion of these sensitive areas given her familiarity with the overall litigation strategy and her judgment regarding the boundaries of Ms. Arroyo's testimony on these topics.
Remaining 2 hours and 15 minutes (Devon Archer conducting): This portion of the session should cover facility-by-facility variation, staffing ratios and supervisory structure, the distinction among show unit types, the named plaintiffs' operational environments, coordination with Ms. Okafor's and Ms. Fong's testimony, and a mock examination covering the anticipated lines of questioning identified in Section VII of this memorandum. The mock examination should focus on the most challenging questions, including those designed to elicit admissions about off-the-clock work, missed second meal periods, and inadequate supervisory staffing.
Nadia Petrov will prepare a binder of key documents for Ms. Arroyo's review during the preparation session. The binder should include all documents identified in Section IV of this memorandum, organized with labeled tabs for each document category.
XI. General Instructions for the Witness
The following instructions should be provided to Ms. Arroyo during the preparation session and reinforced immediately before the deposition. These are standard deposition instructions for a PMK witness in a class action employment case, tailored to the specific risks and sensitivities of this deposition.
1.  Listen carefully to each question before answering. Do not anticipate the question or begin formulating your answer before the questioner has finished speaking. Allow a brief pause after each question before responding.
2.  Answer only the question asked. Do not provide narratives, explanations, or additional context unless necessary to avoid a misleading answer. A concise, direct answer is almost always preferable to a lengthy explanation. If Plaintiffs' counsel wants more detail, they will ask a follow-up question.
3.  If you do not understand a question, ask for clarification. Do not guess at the meaning of a question. Say "Could you rephrase the question?" or "I'm not sure I understand what you're asking." It is Plaintiffs' counsel's obligation to ask clear questions; it is not your obligation to interpret ambiguous or confusing questions.
4.  If you do not know the answer, say "I don't know." Do not guess or speculate. As a PMK witness, you are expected to have prepared to testify on the designated topics, but you are not expected to know every fact about AMA's operations. If the answer requires reference to documents or data that you do not have in front of you, say so and identify the appropriate source — for example, "Karen Fong would have that data" or "That information would be reflected in the TimeTrack Pro records" or "Lorraine Okafor is the appropriate person to address that question."
5.  Do not characterize company practices in absolute terms. Avoid statements such as "We always provided breaks" or "No one ever worked off the clock." Such absolute statements are impossible to verify for a putative class of approximately 1,850 employees over a class period spanning more than four years. Any absolute statement will inevitably be contradicted by individual testimony or documentary evidence, and the contradiction will be used to impeach your credibility. Instead, use qualifiers where appropriate: "To my knowledge," "Based on my understanding," "AMA's policy provides that...," "In my experience," or "As a general practice."
6.  If opposing counsel shows you a document, read it carefully before answering questions about it. Take as much time as you need to review the document. Do not answer questions about a document based on a quick glance. If the document is lengthy, ask which specific portion counsel is asking about.
7.  If you need a break, say so. You are entitled to breaks during the deposition. If you are feeling fatigued, if you need to use the restroom, or if you need to consult with counsel about a privilege issue, request a break.
8.  Do not discuss the substance of the deposition with anyone other than AMA's counsel during breaks. This includes other AMA employees, family members, and any other person. Conversations with AMA's counsel during breaks are protected by the attorney-client privilege, but conversations with anyone else are not.
This memorandum is protected by the attorney-client privilege and the work product doctrine. It is prepared in anticipation of litigation and for the purpose of providing legal advice to the client. It should not be disclosed to any person or entity outside of AMA's litigation counsel team without the express written consent of Calderwood & Harkness LLP.
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer Associate Calderwood & Harkness LLP
Date: April 20, 2023
cc: Nadia Petrov, Litigation Support Coordinator
Facility # | Address | Primary Function
1 | 8500 Sunset Blvd., Suite 1400, West Hollywood, CA 90069 | Headquarters & post-production
2 | 4024 Penmark Strategy Partners Avenue, Studio City, CA 91604 | Stage A & B — unscripted programming
3 | 15301 Ventura Blvd., Suite 300, Sherman Oaks, CA 91403 | Digital content production
4 | 3800 W. Alameda Ave., Burbank, CA 91505 | Live events & field production coordination
5 | 1438 N. Gower Street, Hollywood, CA 90028 | Scripted development
6 | 2120 Colorado Avenue, Santa Monica, CA 90404 | E-commerce studio
7 | 888 N. Sepulveda Blvd., El Segundo, CA 90245 | Post-production annex
Likely Question | Suggested Approach
"How many of AMA's shows had production days exceeding 10 hours?" | Provide specific information by show unit. Acknowledge that field-based and live event shows frequently exceeded ten hours; studio-based and post-production shows rarely did. Emphasize the variation across show units rather than providing a single company-wide answer.
"On days exceeding 10 hours, was a second meal period always provided?" | Testify that second meal periods were scheduled on the call sheet for extended production days, consistent with AMA's policy. If pushed on whether every individual employee received a second meal on every extended day, acknowledge that she cannot speak to every individual employee's experience across all show units and all production days but that AMA's policy required second meal periods and UPMs were expected to implement them.
"Were production coordinators expected to arrive before call time to set up?" | Testify that the call time is the time at which the work day begins; if pre-production setup is expected for a particular role, the call time for that role should reflect the earlier start. AMA does not expect or direct employees to work before their clock-in time.
"How much time does typical pre-shift setup take for a production coordinator?" | Acknowledge that some setup occurs at the beginning of each production day — reviewing call sheets, organizing equipment, checking in with departments — but characterize these activities as part of the production day that should be captured within the call time. Avoid quantifying a specific number of minutes that would validate Plaintiffs' thirty- to forty-five-minute allegation. If pressed for a specific number, she should say that setup time varies depending on the show unit, the role, and the production day.
"Did you ever observe crew members working before their official call time?" | Answer truthfully but without volunteering unnecessary detail. If she has observed crew members arriving early, she can say she has occasionally seen crew members arrive at the facility before their official call time, but she cannot speak to whether they were performing compensable work or engaged in personal preparation activities.
"Does AMA track how many crew members miss their meal periods?" | Explain that the TimeTrack Pro system includes a Missed Meal Attestation feature (where activated) that allows employees to report missed meals through the timekeeping system. Defer detailed technical questions about the system to Karen Fong (Payroll Manager) or to AMA's PMK on timekeeping, Lorraine Okafor. Note that Ms. Arroyo is not designated as PMK on timekeeping systems, and detailed questions about system functionality should be directed to the appropriate witnesses.
"What is the role of the UPM in scheduling breaks?" | Testify that the UPM has primary responsibility for day-to-day production scheduling, including designating meal break times on the daily call sheet. UPMs operate within AMA's policy framework but exercise professional judgment based on the specific production needs and conditions of their assigned show unit.
"Are there any AMA facilities where breaks are harder to provide?" | This is a potentially harmful question — answering "yes" could be construed as conceding that some employees systematically missed breaks due to conditions at certain facilities. Ms. Arroyo should acknowledge that different production environments present different logistical challenges — for example, remote field locations present different challenges than controlled studio environments — but she should emphasize that AMA's meal and rest break policy applies uniformly across all facilities and show units and that UPMs are expected to provide compliant breaks regardless of the production environment.
"What happens if a meal break would interrupt a critical scene?" | Testify that AMA's production protocols allow for reasonable scheduling of breaks around critical production moments but that meal breaks cannot be indefinitely deferred. If a break is delayed due to production needs, it should be provided as soon as practicable. Acknowledge that this is a judgment call for the UPM, exercised in the context of specific production conditions on a given day, and that it varies by show unit and by situation.

CONFIDENTIAL — ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED

MEMORANDUM

CALDERWOOD & HARKNESS LLP

Record

Parties

Dates

Amounts