SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
TO: Plaintiff DEREK HALLORAN and his attorneys of record:
CASTELLANO BYRNE & SALAS LLP Marco Castellano, Esq. Diane Salas, Esq. Trevor Kim, Esq. 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025
VELTRANO EMPLOYMENT LAW GROUP PC Sandra Higuera, Esq. 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071
PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure sections 2025.010 et seq., Defendant Aurelius Media Americas Inc. ("AMA" or "Defendant") will take the oral deposition of Plaintiff Derek Halloran ("Halloran"), a named plaintiff in this consolidated class action, at the following time and place:
Deponent: Derek Halloran, named Plaintiff herein.
Date: May 9, 2023
Time: 9:30 a.m.
Location: Offices of Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017
Officer: The deposition will be taken before a certified shorthand reporter ("CSR") duly authorized to administer oaths in the State of California. In addition to stenographic recording, the deposition may also be recorded by videography pursuant to California Code of Civil Procedure section 2025.330(c). The video recording will be conducted by a videographer operating under the direction of the deposition officer.
Duration: The deposition is expected to last no more than seven (7) hours of testimony, exclusive of breaks, in accordance with California Code of Civil Procedure section 2025.290(a).
The deposition will be taken upon oral examination and will continue from day to day until completed. Defendant reserves the right to continue the deposition to a subsequent date or dates if the examination cannot be completed within the seven-hour limit prescribed by statute, subject to any further stipulation of the parties or order of the Court.
TOPICS AND MATTERS UPON WHICH EXAMINATION IS REQUESTED
The examination of Plaintiff Derek Halloran will cover the following topics and subject matter areas, without limitation:
Topic 1 — Employment History with Aurelius Media Americas Inc.
Halloran's employment with Aurelius Media Americas Inc. ("AMA"), including but not limited to: the dates of his employment with AMA, including the approximate start date of June 1, 2020 and the date of his separation on or about November 30, 2022; the circumstances of his hiring and the circumstances of his separation from employment; all positions held during his employment with AMA, including his job title of Post-Production Assistant within AMA's Digital Content Division; a full description of his job duties and responsibilities throughout his employment; his assigned facility, specifically the production facility located at 1438 N. Gower Street, Hollywood, California 90028, also known as "Facility 5"; the show unit or units to which he was assigned during his employment and any transfers between show units; his reporting structure, including the identity of all direct supervisors, managers, and other individuals who had authority to direct his work, assign his duties, or approve his timekeeping records; and his complete compensation history, including his starting hourly rate, any changes or increases to his hourly rate during the course of his employment, and his hourly rate at the time of his separation, which Defendant understands to have been twenty-four dollars and seventy-five cents ($24.75) per hour.
Topic 2 — Meal Period Experiences
Halloran's personal experience with meal periods during his employment at AMA, including but not limited to: whether he received thirty (30) minute uninterrupted, duty-free meal periods during his shifts; the frequency and circumstances of any missed, shortened, late, or interrupted meal periods during his employment; the specific manner in which meal periods were scheduled, authorized, and taken at Facility 5 and within his assigned show unit or units; whether meal period timing complied with the requirements of Industrial Welfare Commission ("IWC") Wage Order 12-2001, section 11, including whether Halloran received a first meal period no later than the end of the fifth hour of work and, for shifts exceeding ten (10) hours, a second meal period no later than the end of the tenth hour of work; whether Halloran was required or permitted to remain on duty or on call during meal periods; whether Halloran was required or expected to remain at his workstation or within the facility during his meal periods; any on-duty meal period agreements signed or acknowledged by Halloran; any differences in meal period practices between production days, including so-called "crunch periods" near content delivery deadlines, and non-production or standard office days; the identity and title of any supervisors, managers, or other AMA personnel who directed, permitted, encouraged, or required Halloran to work through or shorten his meal periods; and whether Halloran was paid meal period premium wages for any missed, late, shortened, or interrupted meal periods.
Topic 3 — Rest Period Experiences
Halloran's personal experience with rest periods during his employment at AMA, including but not limited to: whether Halloran was authorized and permitted to take net ten (10) minute paid rest periods for every four (4) hours worked, or major fraction thereof, as required by IWC Wage Order 12-2001, section 12; the frequency and circumstances under which rest periods were missed, shortened, interrupted, or denied during Halloran's employment; whether AMA maintained any policy, practice, or system for scheduling, authorizing, or tracking rest periods at Facility 5 or within the Digital Content Division; any differences in rest period practices across different show units, production phases, or time periods during Halloran's employment; the identity of any supervisors, managers, or other AMA personnel who directed, permitted, encouraged, or required Halloran to miss or shorten rest periods; and whether Halloran was paid rest period premium wages for any missed, shortened, or denied rest periods.
Topic 4 — TimeTrack Pro System and Missed Meal Attestation Feature
Halloran's knowledge of and experience with the NovaPay Solutions "TimeTrack Pro" timekeeping system used by AMA during Halloran's employment, including but not limited to: Halloran's understanding of how the TimeTrack Pro system recorded his working hours; his understanding of the automatic thirty (30) minute meal period deduction applied by the TimeTrack Pro system for shifts of six (6) hours or more; Halloran's awareness of and experience with the "Missed Meal Attestation" feature available on the time clock terminal located at the Hollywood production facility (Facility 5), where the attestation feature was activated and available for employee use; the frequency with which Halloran used or did not use the Missed Meal Attestation feature during his employment; the reasons for any non-use of the attestation feature, including whether Halloran was aware that the feature existed, whether he understood how to use it, and whether any supervisor, manager, or other AMA personnel discouraged him from using the feature; whether Halloran received any training, instruction, orientation materials, written communications, or other guidance from AMA or NovaPay Solutions regarding the attestation feature and how to report missed or shortened meal periods through the timekeeping system; and whether any supervisor, manager, Human Resources representative, or other AMA personnel discussed the attestation feature, the automatic meal period deduction, or the process for reporting missed meals with Halloran at any point during his employment.
Topic 5 — Off-the-Clock Work
Whether Halloran performed any work before clocking in or after clocking out during his employment with AMA, including but not limited to: pre-shift activities such as logging into editing systems or post-production software, booting up or setting up workstations, reviewing dailies or other production footage, attending informal briefings, or performing other post-production preparation tasks before the start of his recorded shift; post-shift activities such as file saving, system shutdown, rendering or exporting files, logging footage, completing paperwork or production logs, attending wrap meetings, or performing other wrap-up or close-out tasks after the end of his recorded shift; the approximate duration of any such off-the-clock work per shift, including the average and the range of time spent on pre-shift and post-shift activities; whether such off-the-clock work was directed, required, or expected by AMA supervisors, managers, or other personnel, or whether it was performed voluntarily; whether Halloran reported any such off-the-clock work to his supervisors or to AMA's payroll or Human Resources departments; whether Halloran ever requested compensation for off-the-clock work; and whether AMA had any policy regarding the recording of pre-shift and post-shift work activities.
Topic 6 — Post-Production Work Environment
The nature and conditions of post-production work at AMA's Hollywood production facility (Facility 5) during Halloran's employment, including but not limited to: typical shift lengths and work schedules for Post-Production Assistants and similarly situated employees in the Digital Content Division; the frequency and duration of extended shifts exceeding eight (8) hours, ten (10) hours, or twelve (12) hours in a single workday; the nature and frequency of "crunch periods" or similar periods of intensified work activity near content delivery deadlines, including how often such crunch periods occurred and how they affected scheduling, shift lengths, and break practices; staffing levels within Halloran's show unit or units and within the Digital Content Division generally; the ratio of supervisors to employees during regular production periods and during crunch periods; how meal periods and rest periods were scheduled, managed, or administered in the post-production environment at Facility 5; any differences in break practices, scheduling, or work environment between post-production employees working at Facility 5 and employees working in field production, live production, or other AMA work environments; and any policies, memoranda, emails, or other communications from AMA management regarding scheduling, overtime, or break practices during crunch periods or high-volume production phases.
Topic 7 — Wage Statements and Pay Practices
Halloran's review, receipt, and retention of his wage statements (pay stubs) during his employment with AMA, including but not limited to: the frequency with which Halloran received wage statements; whether Halloran reviewed his wage statements during his employment; whether the wage statements accurately reflected all hours worked by Halloran, including regular hours, overtime hours, and double-time hours; whether the wage statements accurately reflected all meal period premium payments and rest period premium payments, if any, owed to Halloran; whether Halloran noticed or reported any discrepancies between the hours he actually worked and the hours reflected on his wage statements or in the TimeTrack Pro system; the identity of any AMA personnel to whom Halloran reported or attempted to report any such discrepancies; AMA's pay practices, including the pay schedule, pay periods, and method of payment; and whether Halloran received all wages owed, including any accrued but unused vacation or paid time off, at the time of his separation from AMA on or about November 30, 2022, and in compliance with the timing requirements of California Labor Code sections 201 through 203.
Topic 8 — Complaints and Grievances
Whether Halloran ever filed, submitted, or made any formal or informal complaint, grievance, report, or other communication with AMA's Human Resources department, including Lorraine Okafor, Senior Vice President of Human Resources, or any other HR representative; with any supervisor, manager, or other AMA representative; or through any internal complaint hotline, anonymous reporting system, or other mechanism regarding meal periods, rest periods, off-the-clock work, timekeeping practices, the TimeTrack Pro system, the Missed Meal Attestation feature, compensation, wage statements, or any other wage-and-hour issue. If any such complaint, grievance, or report was made, the examination will also cover the substance, date, and circumstances of each such communication; the identity of the person or persons to whom the complaint was directed; the manner in which the complaint was communicated (e.g., in person, in writing, by email, by telephone); the response Halloran received, if any; and the ultimate outcome or resolution of the complaint, if any.
Topic 9 — Communications with Other Class Members and Counsel
Halloran's communications with other current or former AMA employees regarding wage-and-hour issues, meal and rest break practices, timekeeping, off-the-clock work, or working conditions at AMA, including but not limited to: the identity of the individuals with whom Halloran communicated; the substance, timing, and method of such communications; how Halloran became aware of the wage-and-hour claims at issue in this litigation; how Halloran came to be a named plaintiff in this action; Halloran's communications with the law firms of Castellano Byrne & Salas LLP and Veltrano Employment Law Group PC prior to the filing of this action and during the course of this litigation, including the circumstances under which Halloran first contacted or was contacted by counsel; any solicitation by counsel, other named plaintiffs, or other current or former AMA employees; and any agreements Halloran has entered into with counsel regarding the terms of his representation, fees, or costs, to the extent not protected by the attorney-client privilege or the attorney work product doctrine.
Topic 10 — Adequacy and Typicality as Class Representative
Halloran's understanding of his role and responsibilities as a named plaintiff and putative class representative in this consolidated class action, including but not limited to: Halloran's familiarity with the allegations set forth in the operative Consolidated Complaint; Halloran's understanding of the claims asserted on behalf of the putative class; whether Halloran has any interests that are adverse to, in conflict with, or antagonistic to the interests of absent putative class members; whether Halloran is aware of any unique, atypical, or individualized circumstances of his employment at AMA that differ materially from the circumstances of other putative class members, including differences in job duties, work location, show unit assignment, supervisor, shift schedule, or timekeeping practices; Halloran's willingness and ability to fairly and adequately represent the interests of the putative class; Halloran's participation in and involvement with the litigation to date, including his review of pleadings, discovery responses, and other litigation materials; and whether Halloran has any pending or prior claims, lawsuits, complaints, or proceedings against AMA or any other employer involving wage-and-hour issues, employment disputes, or related matters.
Topic 11 — Damages
Halloran's personal damages claim in this action, including but not limited to: Halloran's calculation, estimate, or understanding of the wages, meal period premiums, rest period premiums, waiting time penalties, or other compensation he contends he is owed by AMA as a result of the violations alleged in the Consolidated Complaint; the factual basis for each element of his damages claim; any lost wages, lost benefits, out-of-pocket expenses, emotional distress, or other harm Halloran attributes to AMA's alleged violations of the California Labor Code, IWC Wage Orders, or the California Business and Professions Code; Halloran's current employment status, including whether he is currently employed, the identity and nature of his current employer, and his current rate of compensation; Halloran's employment history and income since his separation from AMA on or about November 30, 2022; and any efforts Halloran has made to mitigate his damages, including efforts to seek and obtain alternative employment.
Topic 12 — Documents
The identification and description of all documents, electronically stored information, and tangible things in Halloran's possession, custody, or control that relate to his employment with AMA, his meal and rest break experiences, his work hours, his compensation, his communications with counsel and with other current or former AMA employees regarding wage-and-hour issues, and the subject matter of this litigation, including but not limited to: any personal calendars, day planners, or scheduling records; any notes, journals, or diaries; any text messages, instant messages, emails, or social media communications; any photographs or videos; any personal records reflecting his actual work hours, break times, or arrival and departure times during his employment at AMA; any financial records relating to his compensation from AMA; and any other documents that Halloran has reviewed, created, received, or maintained that are relevant to the claims or defenses in this action.
DOCUMENT REQUESTS ACCOMPANYING DEPOSITION
Pursuant to California Code of Civil Procedure section 2025.220(a)(4), Plaintiff Derek Halloran is hereby requested to produce at the deposition all documents responsive to Defendant AMA's First Set of Requests for Production of Documents to Plaintiff Derek Halloran, propounded on February 24, 2023, that have not yet been produced. Without limiting the foregoing, Halloran is specifically requested to bring to the deposition and produce the following categories of documents to the extent not previously produced:
1. All personal calendars, day planners, scheduling records, or appointment books reflecting or relating to Halloran's work schedule, work hours, shift times, or break times during his employment with AMA.
2. All text messages, instant messages, emails, direct messages, and other electronic communications between Halloran and any other current or former AMA employee regarding working conditions, meal periods, rest periods, work hours, timekeeping, off-the-clock work, compensation, or any other wage-and-hour issue at AMA.
3. All text messages, instant messages, emails, and other electronic communications between Halloran and any putative class member regarding this litigation, the claims alleged herein, or the decision to participate as a named plaintiff.
4. All personal diaries, journals, notes, logs, or other records maintained by Halloran that reflect, memorialize, or relate to his actual work hours, break times, arrival times, departure times, or work activities during his employment with AMA.
5. All wage statements, pay stubs, pay advices, W-2 forms, 1099 forms, and other documents reflecting compensation received by Halloran from AMA at any time during his employment.
6. All documents reflecting Halloran's employment and income since his separation from AMA on or about November 30, 2022, including pay stubs, offer letters, employment agreements, and W-2 forms from any subsequent employer.
7. All documents reflecting any complaint, grievance, or report made by Halloran to AMA regarding meal periods, rest periods, timekeeping, off-the-clock work, compensation, or any other wage-and-hour issue.
Halloran is further requested to bring to the deposition any other documents that he may refer to, rely upon, or use to refresh his recollection in the course of his testimony.
PROCEDURAL PROVISIONS
This deposition will proceed in accordance with the provisions of the California Code of Civil Procedure, sections 2025.010 through 2025.620, and all applicable Rules of Court.
All documents produced, referenced, marked as exhibits, or otherwise disclosed at the deposition that contain information designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" pursuant to the Stipulated Protective Order entered by this Court on February 15, 2023 (the "Protective Order") shall be treated in accordance with the terms and conditions of the Protective Order. All parties, counsel, the deposition officer, and the videographer, if applicable, shall comply with the Protective Order with respect to such designated materials. The deposition transcript and any video recording shall be subject to the confidentiality designations made in accordance with the Protective Order.
Defendant AMA reserves the right to continue the deposition of Plaintiff Derek Halloran to a subsequent date or dates if the examination cannot be completed within the seven (7) hour limit prescribed by California Code of Civil Procedure section 2025.290(a), subject to any stipulation of the parties or further order of the Court pursuant to section 2025.290(b).
SERVICE INFORMATION
This Notice of Taking Deposition of Plaintiff Derek Halloran is served on all parties via electronic mail and by United States first-class mail, postage prepaid, on April 3, 2023.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
Dated: April 3, 2023
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7238 Facsimile: (213) 555-7239
Email: darcher@calderwoodharkness.com
Attorneys for Defendant AURELIUS MEDIA AMERICAS INC.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I, Sophia Meng, declare as follows:
I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and am not a party to the within action. My business address is 777 South Flower Street, Suite 4200, Los Angeles, California 90017.
On April 3, 2023, I served the foregoing document described as NOTICE OF TAKING DEPOSITION OF PLAINTIFF DEREK HALLORAN on the interested parties in this action by the following means:
BY ELECTRONIC MAIL: By transmitting via electronic mail the document listed above to the email addresses set forth below. The transmission was reported as complete and without error. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.
BY U.S. MAIL: By placing true and correct copies of the document listed above in sealed envelopes with postage thereon fully prepaid, addressed as set forth below, for collection and mailing at Los Angeles, California, following ordinary business practices. I am readily familiar with Calderwood & Harkness LLP's practice for collecting and processing correspondence for mailing. Under that practice, correspondence placed in the designated area for outgoing U.S. Mail is deposited with the United States Postal Service that same day in the ordinary course of business.
Marco Castellano, Esq. Diane Salas, Esq. Trevor Kim, Esq. CASTELLANO BYRNE & SALAS LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025
Email: mcastellano@inlawlaw.com
Email: dsalas@inlawlaw.com
Email: tkim@inlawlaw.com
Sandra Higuera, Esq. VELTRANO EMPLOYMENT LAW GROUP PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071
Email: shiguera@ridgemontlaw.com
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on April 3, 2023, at Los Angeles, California.
________________________________________
Sophia Meng
MARISOL FUENTES, DEREK HALLORAN, and YESENIA PADILLA, individually and on behalf of all others similarly situated,
(Consolidated with 22STCV39501)
Plaintiffs,
Assigned for all purposes to
| v. | Hon. Raymond Escobedo, Dept. 34 |
| AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive, | NOTICE OF TAKING DEPOSITION OF PLAINTIFF DEREK HALLORAN |
| Defendants. | Date: May 9, 2023 |
Time: 9:30 a.m.
Location: Offices of Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, CA 90017