SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
MARISOL FUENTES, DEREK HALLORAN, and YESENIA PADILLA, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
Defendants.
TO: PLAINTIFF YESENIA PADILLA AND HER COUNSEL OF RECORD:
Marco Castellano, Esq. Diane Salas, Esq. Trevor Kim, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025
Sandra Higuera, Esq. Veltrano Employment Law Group PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071
PLEASE TAKE NOTICE that Defendant Aurelius Media Americas Inc. ("AMA" or "Defendant"), by and through its counsel of record, Calderwood & Harkness LLP, hereby gives notice, pursuant to California Code of Civil Procedure sections 2025.010 et seq., that it will take the oral deposition of Plaintiff Yesenia Padilla ("Deponent") upon the date, at the time, and at the location set forth below.
I. DEPOSITION LOGISTICS
Deponent: Yesenia Padilla
Date: May 16, 2023
Time: 9:30 a.m.
Location: Offices of Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017
Estimated Duration: The deposition is expected to last up to seven (7) hours of testimony, in accordance with the presumptive limit set forth in California Code of Civil Procedure section 2025.290, subdivision (a). The seven-hour limitation applies to the time actually spent examining the Deponent and does not include breaks, recesses, or time spent on colloquy between counsel.
Recording Method: The deposition shall be recorded stenographically by a certified shorthand reporter. The court reporter will be a California Certified Shorthand Reporter ("CSR") whose identity will be designated prior to the deposition date. Defendant reserves the right to also record the deposition by videography, pursuant to California Code of Civil Procedure section 2025.330, subdivision (c), upon reasonable prior notice to all parties and the Deponent.
II. SUBJECT MATTERS TO BE EXAMINED
The deposition of Yesenia Padilla will cover the following subject matters. This list is illustrative and not exhaustive. Defendant reserves the right to examine the Deponent on any matter relevant to the subject action or reasonably calculated to lead to the discovery of admissible evidence, consistent with the California Code of Civil Procedure and applicable law.
1. Employment History with AMA
The deposition will cover Padilla's complete employment history with Aurelius Media Americas Inc., including but not limited to:
(a) Her date of hire, which AMA records reflect as January 10, 2018;
(b) Her date of separation from employment, which AMA records reflect as May 17, 2022;
(c) Her title during her employment, including her most recent title of Segment Coordinator within AMA's Live Events Division;
(d) Her facility assignment, including her assignment to the AMA Facility in Burbank, located at 3800 West Alameda Avenue, Burbank, California 91505, internally designated as "Facility 4";
(e) Her hourly rate of pay at the time of her separation, which AMA records reflect as $31.00 per hour;
(f) Her job duties, responsibilities, and daily work activities as a Segment Coordinator in the Live Events Division, including the nature and scope of her coordination responsibilities for live productions;
(g) The identity of her supervisors, her reporting structure, and the chain of command throughout her employment, including Unit Production Managers, Line Producers, and any other individuals to whom she reported;
(h) Any changes in her position, title, job duties, compensation, hourly rate, facility assignment, or division during the course of her employment with AMA.
2. Work Schedules and Shift Patterns
The deposition will cover the following topics related to Padilla's work schedules and shift patterns during her employment with AMA:
(a) Her typical work schedules, including her regular start times, end times, and shift lengths;
(b) The frequency and duration of production days versus office or preparation days, and how the allocation between these categories of workdays varied over the course of her employment;
(c) Scheduling practices specific to live events productions, including concerts, award shows, televised specials, and similar events coordinated from the Burbank facility;
(d) The extent to which live events required extended shift lengths, including shifts of twelve (12) to sixteen (16) hours, and the frequency with which such extended shifts occurred;
(e) Any variations in scheduling across different live events or productions, including differences in scheduling practices depending on the type, scale, or venue of the event;
(f) The identity of persons responsible for scheduling, including Unit Production Managers, Line Producers, or other supervisors who set or approved Padilla's work schedule;
(g) Call sheets, production schedules, and daily production logs for live events on which Padilla worked, including her knowledge of the contents and preparation of such documents.
3. Meal Period Experiences
The deposition will cover the following topics related to Padilla's personal experiences with meal periods during her employment with AMA:
(a) Whether she received compliant, uninterrupted, thirty (30)-minute, duty-free meal periods during her shifts, as required under California law;
(b) The frequency with which she alleges that meal periods were missed, shortened, interrupted, or not provided during her employment;
(c) Specific dates, shifts, productions, or time periods during which she alleges she did not receive compliant first meal periods;
(d) Whether second meal periods were provided during shifts exceeding ten (10) hours, and if not, the circumstances under which second meal periods were allegedly denied or not provided;
(e) Specific circumstances that allegedly prevented her from taking compliant meal periods, including but not limited to live event timing constraints, crew shortages, supervisor directives, or production demands;
(f) Whether she was required to remain "on call," available, or on duty during designated meal periods, and if so, the frequency with which this allegedly occurred;
(g) Whether on-duty meal period agreements, including any form of written consent as contemplated by Labor Code section 512, were ever presented to her or executed by her during her employment;
(h) How meal periods were scheduled during live event productions, including whether meal breaks were included in call sheets or production schedules, and whether the timing of meal periods was communicated to her in advance of each shift.
4. Rest Period Experiences
The deposition will cover the following topics related to Padilla's experiences with rest periods during her employment with AMA:
(a) Whether she was authorized and permitted to take ten (10)-minute paid rest periods for every four (4) hours worked, or major fraction thereof, in accordance with California law;
(b) The frequency with which rest periods were allegedly missed, shortened, or denied during her employment;
(c) Specific circumstances that allegedly prevented her from taking rest periods during live event productions, including but not limited to production demands, supervisor directives, or facility conditions;
(d) Whether supervisors communicated rest period rights or rest period schedules to her, and if so, the manner and frequency of such communications;
(e) Whether third rest periods were provided during shifts exceeding ten (10) hours, and if not, the circumstances under which such rest periods were allegedly denied or not made available.
5. Timekeeping Practices and the TimeTrack Pro System
The deposition will cover the following topics related to timekeeping practices and the NovaPay Solutions "TimeTrack Pro" electronic timekeeping system used by AMA:
(a) Padilla's familiarity with and use of the TimeTrack Pro electronic timekeeping system, including when she first began using the system and the frequency with which she interacted with it;
(b) Her clock-in and clock-out practices, including whether she clocked in and out at the beginning and end of each shift, and the physical or digital mechanism by which she did so;
(c) Her understanding of how the automatic meal period deduction feature operated within the TimeTrack Pro system;
(d) Whether she was aware that the TimeTrack Pro system automatically deducted thirty (30) minutes from recorded work time for shifts of six (6) hours or more, regardless of whether a meal period was actually taken;
(e) Whether she was aware of the TimeTrack Pro "Missed Meal Attestation" feature, a functionality within the system designed to allow employees to report that a meal period was missed, shortened, or otherwise non-compliant, and to trigger payment of a one-hour meal period premium;
(f) Whether the Missed Meal Attestation feature was available and activated at her facility — specifically, the Burbank facility, internally designated as Facility 4 — during the period of her employment. Defendant notes that, per AMA records, the Missed Meal Attestation feature was not activated at the Burbank facility (Facility 4) during Padilla's employment, and this is a key factual point to be established through the Deponent's testimony;
(g) Whether she ever used, attempted to use, or was instructed to use the Missed Meal Attestation feature, and the results of any such use or attempted use;
(h) Whether she was trained on the TimeTrack Pro system, including any training — formal or informal — regarding the attestation feature, the automatic meal period deduction, or how to report missed meal periods through the TimeTrack Pro system;
(i) Whether she reported missed or shortened meal periods to supervisors through any alternative mechanism, including verbal reports, written reports, emails, text messages, or any other form of communication;
(j) Her understanding of AMA's policy for reporting missed meal periods, and the source of any such understanding.
6. Off-the-Clock Work Allegations
The deposition will cover the following topics related to Padilla's allegations of off-the-clock work during her employment with AMA:
(a) Whether Padilla performed work before her official clock-in time or after her official clock-out time, and if so, the frequency with which such work was allegedly performed;
(b) The nature and duration of any alleged pre-shift setup work, including but not limited to pre-show preparation, equipment setup, coordination activities, communications with production staff, and venue walk-throughs for live events;
(c) The nature and duration of any alleged post-shift breakdown or wrap work, including but not limited to post-show teardown, equipment storage, post-event reporting, and wrap meetings;
(d) Her estimate of the average amount of off-the-clock time per shift, including her basis for any such estimate. Defendant notes that the operative complaint alleges approximately thirty (30) to forty-five (45) minutes of off-the-clock pre-shift work and approximately fifteen (15) to thirty (30) minutes of off-the-clock post-shift work;
(e) Whether supervisors directed, required, permitted, or knew of off-the-clock work, and the identity of any supervisors alleged to have done so;
(f) Whether she was told by any supervisor, manager, or other person not to record pre-shift or post-shift time in the TimeTrack Pro system, and if so, the identity of the person who gave such instructions and the circumstances under which the instructions were given;
(g) Whether AMA's written policies or practices required all work time to be recorded in TimeTrack Pro, and her understanding of those policies.
7. Complaints and Grievances
The deposition will cover the following topics related to complaints or grievances raised by Padilla during her employment with AMA:
(a) Whether Padilla ever filed a formal or informal complaint with AMA's Human Resources department, any supervisor, any manager, or any other person regarding meal periods, rest periods, overtime, off-the-clock work, or any other wage-and-hour issue;
(b) The dates, recipients, and substance of any such complaints;
(c) The response, if any, that she received to any such complaints, including any corrective action taken by AMA;
(d) Whether she reported concerns regarding meal periods, rest periods, off-the-clock work, or other wage-and-hour issues to co-workers, and if so, the identity of those co-workers and the substance of the communications.
8. Knowledge of Other Employees' Experiences
The deposition will cover the following topics related to Padilla's knowledge of the experiences of other putative class members:
(a) The basis for any statements or allegations in the operative complaint regarding the experiences of other putative class members, including whether such statements are based on personal knowledge, hearsay, or information provided by counsel;
(b) Whether she has personal knowledge of other employees' meal period, rest period, or off-the-clock work experiences at the Burbank facility or at any other AMA facility in California;
(c) Any communications with other current or former AMA employees regarding the allegations in this lawsuit, the litigation itself, or working conditions at AMA, including the dates, participants, and substance of any such communications.
9. Relationship with Counsel and Initiation of Litigation
The deposition will cover the following topics related to Padilla's relationship with her counsel and the initiation of this litigation:
(a) How Padilla came to be represented by Castellano Byrne & Salas LLP and/or Veltrano Employment Law Group PC;
(b) When she first contacted or was contacted by Plaintiffs' counsel, and the circumstances of that initial contact;
(c) Whether she was solicited by any person — including co-workers, former co-workers, union representatives, attorneys, or any other individual — to participate in this action;
(d) Her understanding of her role as a named plaintiff and class representative in this lawsuit;
(e) Any communications with lead plaintiff Marisol Fuentes or named plaintiff Derek Halloran regarding this litigation, the allegations in the complaint, or their respective experiences at AMA;
(f) Any fee arrangement or agreement between Padilla and her counsel, including any retainer agreement, contingency fee arrangement, or other understanding regarding the payment of attorneys' fees and costs.
10. Adequacy and Typicality as Class Representative
The deposition will cover the following topics related to Padilla's adequacy and typicality as a putative class representative:
(a) Whether she believes her experiences as a Segment Coordinator in the Live Events Division at the Burbank facility are representative of all non-exempt, hourly employees across AMA's seven (7) California production facilities and fourteen (14) show units;
(b) Her understanding of the differences between live events production — the division in which she worked — and other AMA operations, including unscripted studio production, post-production, digital content creation, and field production;
(c) Whether she has knowledge of the working conditions, scheduling practices, meal and rest period practices, or timekeeping practices at AMA facilities other than the Burbank facility;
(d) Whether she has any conflicts of interest with absent class members, including but not limited to any differences in interests between current employees and former employees of AMA;
(e) Her separation from AMA on May 17, 2022, which occurred more than six (6) months before the operative complaint was filed in November 2022, and whether she remains in contact with current AMA employees or has knowledge of AMA's current policies, practices, or working conditions.
11. Damages. The deposition will cover the following topics related to Padilla's claimed damages:
(a) Her individual calculation or estimate of damages, including the factual and mathematical basis for that calculation;
(b) Wages she alleges she was not paid, including but not limited to meal period premiums, rest period premiums, overtime compensation, and minimum wage shortfalls;
(c) The time period over which she claims underpayment or non-payment of wages;
(d) Any documents, records, personal calendars, diaries, journals, or notes reflecting her actual hours worked, meal periods taken or missed, rest periods taken or missed, or wages received;
(e) Her employment history and earnings since her separation from AMA on May 17, 2022, including any subsequent employment, the identity of any subsequent employers, and the wages and compensation received from any such subsequent employment;
(f) Any unemployment benefits received following her separation from AMA, including the duration and amount of any such benefits.
12. AMA Policies and Training
The deposition will cover the following topics related to AMA policies and training received by Padilla:
(a) Her receipt and review of the AMA Employee Handbook, including the version revised in March 2021;
(b) Whether she signed an acknowledgment of receipt of the handbook or any AMA policies, including any policies relating to meal periods, rest periods, overtime, timekeeping, or wage-and-hour compliance;
(c) Her understanding of AMA's written meal and rest break policies, including any specific provisions she recalls from the handbook or from other AMA communications;
(d) Any training she received regarding wage-and-hour compliance, meal periods, rest periods, or timekeeping, including the dates, format, and substance of any such training;
(e) Her understanding of Industrial Welfare Commission ("IWC") Wage Order 12 and its application to live events production, and the basis for any such understanding.
13. Documents. The deposition will cover the following topics related to documents in Padilla's possession, custody, or control:
(a) Identification of all documents in Padilla's possession, custody, or control that relate to her employment with AMA, her work schedule, her meal and rest period experiences, her off-the-clock work, or any other issue in this litigation;
(b) Any personal calendars, journals, notebooks, or digital records reflecting her work hours, shifts worked, meal periods taken or missed, rest periods taken or missed, or any other information relevant to the claims in this action;
(c) Any text messages, emails, social media communications, or other communications with AMA supervisors, co-workers, or counsel regarding the issues in this litigation.
III. REQUEST TO PRODUCE DOCUMENTS AT DEPOSITION
Pursuant to California Code of Civil Procedure section 2025.280, subdivision (a), Deponent Yesenia Padilla is hereby requested to bring to the deposition the following documents:
1. All documents responsive to Defendant AMA's First Set of Requests for Production of Documents to Plaintiff Yesenia Padilla (Request Nos. 1 through 20), served on February 24, 2023, to the extent such documents have not already been produced as of the date of the deposition.
2. Any additional responsive documents identified, located, or obtained after the date of Deponent's initial production in response to the First Set of Requests for Production.
3. Any documents that Deponent intends to refer to, rely upon, or use in any way during the deposition to refresh her recollection or support her testimony.
IV. LEGAL AUTHORITIES
This deposition is noticed and will be taken pursuant to California Code of Civil Procedure sections 2025.010 through 2025.620. The duration of the deposition shall not exceed seven (7) hours of testimony, in accordance with California Code of Civil Procedure section 2025.290, subdivision (a). The Deponent is reminded of her obligations under California Code of Civil Procedure section 2025.480 regarding attendance at the deposition and production of documents as noticed.
The examination will be conducted under oath, before a certified shorthand reporter authorized to administer oaths, in accordance with the California Code of Civil Procedure.
V. MEET AND CONFER / SCHEDULING
Defense counsel recognizes the importance of cooperative scheduling and is available to discuss alternative dates or reasonable scheduling accommodations. If the noticed date of May 16, 2023, is not available for the Deponent or for Plaintiffs' counsel, Defendant respectfully requests that Plaintiffs' counsel contact Devon Archer at Calderwood & Harkness LLP at (213) 555-7238 or darcher@calderwoodharkness.com at the earliest opportunity so that an alternative mutually convenient date may be arranged.
Dated: April 3, 2023
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer (SBN 301462) CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201
Email: darcher@calderwoodharkness.com
Attorneys for Defendant AURELIUS MEDIA AMERICAS INC.
PROOF OF SERVICE
I, Rebecca A. Torres, declare as follows:
I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and am not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017.
On April 3, 2023, I served the foregoing document described as NOTICE OF TAKING DEPOSITION OF YESENIA PADILLA on the interested parties in this action as follows:
BY ELECTRONIC SERVICE (EMAIL): Pursuant to California Code of Civil Procedure section 1010.6 and the parties' agreement to accept electronic service, I caused the above-described document to be transmitted via electronic mail to the following persons at the email addresses set forth below:
Marco Castellano, Esq. Diane Salas, Esq. Trevor Kim, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025
Email: mcastellano@castellanobyrne.com
Email: dsalas@castellanobyrne.com
Email: tkim@castellanobyrne.com
Sandra Higuera, Esq. Veltrano Employment Law Group PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071
Email: shiguera@ridgemontlaw.com
BY U.S. MAIL: I caused the above-described document to be placed in a sealed envelope, with postage thereon fully prepaid, for collection and mailing at Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017, following ordinary business practices for the collection and processing of correspondence for mailing with the United States Postal Service. On the same date, the envelope was deposited with the United States Postal Service at Los Angeles, California, addressed to each of the above-named persons at the addresses set forth above.
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.
________________________________________
Rebecca A. Torres Paralegal, Calderwood & Harkness LLP
Lead Case No.
(Consolidated with 22STCV39501)
Assigned for All Purposes to:
NOTICE OF TAKING DEPOSITION OF YESENIA PADILLA
| Date: | May 16, 2023 |
| Time: | 9:30 a.m. |
| Location: | Offices of Calderwood & Harkness LLP |
777 South Flower Street, Suite 4200
Los Angeles, California 90017