SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
STIPULATION AND ORDER RE: CASE MANAGEMENT SCHEDULE
The parties to this action — Plaintiffs Marisol Fuentes, Derek Halloran, and Yesenia Padilla (collectively, "Plaintiffs"), by and through their counsel of record, Castellano Byrne & Salas LLP (Marco Castellano, SBN 198422; Diane Salas) and Veltrano Employment Law Group PC (Sandra Higuera, SBN 217893), and Defendant Aurelius Media Americas Inc. ("AMA" or "Defendant"), by and through its counsel of record, Calderwood & Harkness LLP (Renata Vasquez, SBN 224578; Devon Archer, SBN 301462) — hereby stipulate and agree to the following Case Management Schedule, and respectfully request that this Court enter the Order set forth below.
RECITALS
WHEREAS, this Stipulation is entered into following the Initial Case Management Conference held on March 10, 2023, before the Honorable Raymond Escobedo, Department 34, at which all parties appeared through counsel of record;
WHEREAS, the parties have met and conferred in good faith regarding a coordinated discovery and briefing schedule and have reached agreement on the schedule set forth below, which the parties believe will promote the efficient management of this consolidated class and PAGA action;
WHEREAS, on February 3, 2023, this Court entered an Order consolidating Case No. 22STCV38214 (Fuentes v. Aurelius Media Americas Inc.) and Case No. 22STCV39501 (Halloran v. Aurelius Media Americas Inc.) for all purposes, designating Case No. 22STCV38214 as the lead case, and ordering all further filings to be made under the lead case number (the "Consolidation Order");
WHEREAS, Defendant filed its Answer and Affirmative Defenses to the Consolidated Complaint on February 17, 2023, asserting twenty-three (23) affirmative defenses;
WHEREAS, the parties have entered into a Stipulated Protective Order governing the production and handling of confidential and highly confidential information in this action, which was entered by the Court on February 15, 2023;
WHEREAS, the parties have entered into an ESI Protocol Stipulation and Order governing the identification, preservation, collection, processing, review, and production of electronically stored information ("ESI"), which was entered by the Court on January 13, 2023;
WHEREAS, the parties acknowledge the existence of a related individual action, Aldrich v. Aurelius Media Americas Inc., Case No. 22STCV41087, assigned to the Honorable Catherine Villanueva, Department 52, which is not consolidated with this action and is not governed by this Stipulation; and
WHEREAS, good cause exists for the entry of the Case Management Schedule set forth below;
NOW, THEREFORE, the parties hereby stipulate and agree as follows:
1. WRITTEN DISCOVERY — PHASE I
1.1 Propounding Deadline. All Phase I written discovery shall be propounded (i.e., served) on or before March 1, 2023. The parties acknowledge that both sides have already propounded their Phase I written discovery within this timeframe.
1.2 Response Deadline. All responses and objections to Phase I written discovery shall be served on or before April 15, 2023, unless otherwise agreed in writing by the parties.
1.3 discovery Already Propounded. The parties acknowledge that the following Phase I discovery has already been propounded:
(a) Defendant's discovery to Named Plaintiffs. AMA's First Set of Form Interrogatories, Special Interrogatories (Nos. 1–35), and Requests for Production of Documents (Nos. 1–20) were served on each named Plaintiff (Marisol Fuentes, Derek Halloran, and Yesenia Padilla) on February 24, 2023. Responses are due on or before April 15, 2023.
(b) Plaintiffs' discovery to Defendant. Plaintiffs' First Set of Form Interrogatories, Special Interrogatories (Nos. 1–45), and Requests for Production of Documents (Nos. 1–62) were served on Defendant AMA on February 22, 2023. Responses are due on or before March 24, 2023.
1.4 Meet-and-Confer Deadline for Phase I Disputes. The parties shall complete all meet-and-confer efforts regarding any disputes arising out of Phase I written discovery on or before April 30, 2023. All meet-and-confer efforts shall comply with Code of Civil Procedure sections 2016.040, 2030.300, and 2031.310.
1.5 Motion to Compel Deadline for Phase I Disputes. Any motions to compel further responses to Phase I written discovery, or any other discovery motions arising out of Phase I written discovery, shall be filed on or before May 15, 2023. The parties acknowledge that the 45-day deadline set forth in Code of Civil Procedure sections 2030.300(c) and 2031.310(c) shall be calculated from the date of service of verified responses, and this Stipulation is not intended to modify or waive any statutory deadline that would otherwise expire before May 15, 2023.
2. WRITTEN DISCOVERY — PHASE II
2.1 Propounding Deadline. All Phase II written discovery shall be propounded (i.e., served) on or before April 15, 2023.
2.2 Response Deadline. All responses and objections to Phase II written discovery shall be served on or before May 30, 2023, unless otherwise agreed in writing by the parties.
2.3 Scope of Phase II discovery. Phase II discovery shall include supplemental interrogatories, additional requests for production of documents, and any follow-up discovery needed to complete the factual record for class certification briefing. The parties agree to tailor Phase II discovery to address issues relevant to class certification, including but not limited to commonality, typicality, adequacy of representation, and the predominance and superiority requirements of California Code of Civil Procedure section 382 and related authorities.
2.4 Meet-and-Confer Deadline for Phase II Disputes. The parties shall complete all meet-and-confer efforts regarding any disputes arising out of Phase II written discovery on or before June 14, 2023.
2.5 Motion to Compel Deadline for Phase II Disputes. Any motions to compel further responses to Phase II written discovery, or any other discovery motions arising out of Phase II written discovery, shall be filed on or before June 30, 2023. The same statutory-deadline preservation language set forth in Section 1.5 above applies with equal force to Phase II discovery.
3. THIRD-PARTY DISCOVERY
3.1 Third-Party Subpoenas. All third-party subpoenas for business records (non-deposition subpoenas under Code of Civil Procedure section 2020.410) shall be issued on or before February 15, 2023, unless otherwise agreed by the parties or permitted by further order of the Court. The parties acknowledge that Defendant AMA has already issued a third-party subpoena to NovaPay Solutions Inc. on February 8, 2023, seeking payroll records, timekeeping data, and related personnel records for all putative class members during the relevant period.
3.2 Third-Party Deposition Subpoenas. Third-party deposition subpoenas shall be coordinated between the parties and scheduled within the deposition windows set forth in Section 5 below. The parties shall meet and confer regarding the scheduling of third-party depositions to avoid unnecessary burden on third parties and to minimize scheduling conflicts.
3.3 Objections and Motions to Quash. Any objections to third-party subpoenas or motions to quash shall be filed within fifteen (15) days of service of the subpoena, consistent with Code of Civil Procedure section 1987.1. The parties agree to provide timely notice to the propounding party of any objections received from third parties.
4. ESI DISCOVERY
4.1 ESI Protocol. All discovery of electronically stored information in this action shall be governed by the ESI Protocol Stipulation and Order entered by this Court on January 13, 2023 (the "ESI Protocol"). To the extent any provision of this Stipulation conflicts with the ESI Protocol, the ESI Protocol shall control with respect to ESI-specific procedures.
4.2 E-discovery Vendor. Defendant AMA has retained Marlowe Asset Management Litigation Technology Inc. as its e-discovery vendor for purposes of document processing, hosting, and production in this action. Plaintiffs' counsel shall have access to produced documents through a review platform designated by their counsel. The costs of Defendant's e-discovery vendor shall be borne by Defendant, unless otherwise ordered by the Court.
4.3 Rolling Production. Defendant AMA shall produce responsive, non-privileged documents on a rolling basis. The initial tranche of each rolling production shall be due within thirty (30) days of the response deadline for each corresponding set of written discovery. Subsequent tranches shall be produced on a reasonably prompt basis thereafter, and in no event later than the close of document production as defined herein.
4.4 Privilege Log. Defendant AMA shall produce a privilege log identifying all documents withheld or redacted on the basis of any privilege or work-product protection. The privilege log shall be produced on a rolling basis, with each log supplement due no later than fourteen (14) days after each corresponding rolling production. A complete and final privilege log shall be produced no later than thirty (30) days after the close of all document production in the pre-certification phase. The privilege log shall comply with the requirements of Code of Civil Procedure section 2031.240(c)(1) and shall contain sufficient information to permit Plaintiffs to assess the applicability of the claimed privilege.
5. DEPOSITIONS
5.1 Named Plaintiff Depositions. The depositions of the three named Plaintiffs shall be completed within the following schedule:
(a) Marisol Fuentes: Deposition to be completed on or before May 15, 2023.
(b) Derek Halloran: Deposition to be completed on or before May 15, 2023.
(c) Yesenia Padilla: Deposition to be completed on or before May 15, 2023.
The parties shall meet and confer in good faith to schedule the depositions of the named Plaintiffs at mutually convenient dates within this window. Each named Plaintiff deposition shall not exceed seven (7) hours of testimony, consistent with Code of Civil Procedure section 2025.290(a), absent stipulation or court order.
5.2 Defendant's Witnesses (Including PMK Depositions). Depositions of Defendant's fact witnesses and persons most knowledgeable ("PMK") shall be completed on or before May 31, 2023. Plaintiffs have noticed PMK depositions of AMA pursuant to Code of Civil Procedure section 2025.230, designating the following topics (among others):
(a) Timekeeping policies and practices, including meal and rest break policies, for non-exempt, hourly employees during the class period;
(b) Production scheduling, staffing, and shift-assignment practices at AMA's California facilities;
(c) Payroll processing, including the calculation and payment of hourly wages, overtime, meal and rest break premiums, and wage statements, during the class period.
Defendant AMA shall designate its PMK witnesses in accordance with the statutory requirements and shall produce such witnesses for deposition within the timeframe set forth above.
5.3 Third-Party Witnesses. Depositions of third-party witnesses shall be completed on or before May 31, 2023. The parties anticipate that third-party depositions will include, but may not be limited to, the deposition of Marcus Yee, Director of Client Data Services, NovaPay Solutions Inc., regarding payroll and timekeeping data produced in response to the third-party subpoena referenced in Section 3.1 above. Third-party deposition scheduling shall be coordinated in accordance with Section 3.2 above.
5.4 Total Deposition Hours. Each side shall be limited to a total of seventy (70) hours of deposition time for all pre-certification depositions, inclusive of named Plaintiff depositions, Defendant's witness depositions, PMK depositions, third-party depositions, and expert depositions. This limitation is intended to promote efficiency and proportionality in pre-certification discovery, and may be modified by further written stipulation of the parties or by order of the Court upon a showing of good cause.
5.5 Deposition Format. All depositions shall be taken stenographically by a certified court reporter. Videographic recording of depositions may be conducted by stipulation of the parties or by court order. Any party seeking to videotape a deposition shall provide at least ten (10) calendar days' advance written notice to all other parties and to the deponent.
5.6 Deposition Location. All depositions shall take place in Los Angeles County, California, unless the parties otherwise agree in writing. If a witness resides or is employed outside of Los Angeles County, the parties shall meet and confer regarding an appropriate deposition location or the use of remote videoconference technology.
6. EXPERT DISCOVERY (PRE-CERTIFICATION)
6.1 Expert Designation Deadline. Each party shall serve its expert witness designation, identifying all experts the party intends to call in connection with class certification proceedings, on or before March 15, 2023. The designation shall include the subject matter on which each expert is expected to testify and a brief summary of the expert's qualifications, consistent with California Code of Civil Procedure section 2034.260.
6.2 Plaintiffs' Expert Report(s). Plaintiffs' affirmative expert report(s) in support of the Motion for Class Certification shall be served on or before April 28, 2023. Plaintiffs have identified the following expert:
Dr. Howard Rennick, Pinnacle Economic Consulting Group LLC — economics and damages expert. Dr. Rennick is expected to opine on methodologies for calculating class-wide damages, including unpaid wages, meal and rest break premiums, overtime, waiting-time penalties, and related statutory penalties, using AMA's payroll and timekeeping data.
6.3 Defendant's Expert Report(s). Defendant's affirmative expert report(s) in opposition to class certification shall be served on or before June 9, 2023. Defendant has identified the following experts:
(a) Dr. Rajesh Makhija, Workforce Dynamics Consulting LLC — industrial and organizational expert. Dr. Makhija is expected to opine on issues of commonality and typicality, including the degree of variability in AMA's workplace practices across locations, job positions, and supervisory hierarchies during the class period.
(b) Dr. Catherine Lindstrom, Hargrove Analytics Inc. — economics and damages rebuttal expert. Dr. Lindstrom is expected to provide rebuttal opinions regarding the feasibility and reliability of Plaintiffs' proposed class-wide damages methodology.
6.4 Defendant's Rebuttal Expert Report(s). Defendant's rebuttal expert report(s), if any, shall be served on or before June 9, 2023, combined with Defendant's affirmative expert reports as set forth in Section 6.3 above. The parties agree that this combined deadline is appropriate given the class certification briefing schedule set forth in Section 7 below.
6.5 Expert Depositions. Depositions of any expert witness designated in connection with class certification shall be completed on or before June 30, 2023, if requested by either party. Expert depositions shall be counted toward the total deposition hours set forth in Section 5.4 above. The parties shall cooperate in scheduling expert depositions to permit each side adequate time to prepare for class certification briefing.
7. CLASS CERTIFICATION BRIEFING SCHEDULE
7.1 Plaintiffs' Motion for Class Certification. Plaintiffs shall file and serve their Motion for Class Certification on or before April 14, 2023. Plaintiffs' motion shall include all supporting declarations, expert reports, deposition excerpts, documentary evidence, and other materials upon which Plaintiffs rely in support of certification.
7.2 Putative Class Definition. The putative class as set forth in the Consolidated Complaint is defined as follows:
All current and former non-exempt, hourly employees of Aurelius Media Americas Inc. who worked in the State of California at any time from November 1, 2018 through the date of preliminary approval of any class settlement or, if no settlement is reached, through the date of trial (the "Class Period").
The parties acknowledge that the estimated size of the putative class is approximately 1,850 individuals, based on preliminary payroll data produced by Defendant.
7.3 Defendant's Opposition to Motion for Class Certification. Defendant AMA shall file and serve its Opposition to Plaintiffs' Motion for Class Certification on or before June 16, 2023. Defendant's opposition shall include all supporting declarations, expert reports, deposition excerpts, documentary evidence, evidentiary objections, and other materials upon which Defendant relies in opposition to certification.
7.4 Plaintiffs' Reply in Support of Class Certification. Plaintiffs shall file and serve their Reply in Support of Class Certification on or before July 7, 2023. Any evidentiary objections to materials submitted with Defendant's opposition may be included in or filed concurrently with Plaintiffs' reply.
7.5 Class Certification Hearing. The hearing on Plaintiffs' Motion for Class Certification is scheduled for July 28, 2023, at 8:30 a.m., in Department 34, before the Honorable Raymond Escobedo. The parties shall be prepared for oral argument and shall comply with any tentative ruling procedures established by the Court.
8. POST-CERTIFICATION DEADLINES
8.1 Post-certification deadlines shall be set by further stipulation of the parties or by order of the Court following the Court's ruling on Plaintiffs' Motion for Class Certification.
8.2 The parties anticipate that if certification is granted, in whole or in part, the following matters will need to be addressed through a supplemental case management schedule:
(a) Preparation, approval, and dissemination of class notice, including the form, content, and method of the notice plan;
(b) Procedures for class member opt-outs and objections, including applicable deadlines;
(c) Merits discovery, if additional discovery is needed beyond the pre-certification discovery conducted pursuant to this Stipulation;
(d) Dispositive motions, including any motion for summary judgment or summary adjudication;
(e) Mediation and/or settlement discussions, as further addressed in Section 9 below; and
(f) Trial setting and pretrial conference scheduling.
8.3 The parties reserve the right to request a further case management conference following the Court's ruling on class certification to address the matters identified in Section 8.2 above and any other issues necessary for the efficient management of this action.
9. ALTERNATIVE DISPUTE RESOLUTION
9.1 Agreement to Mediate. The parties agree that mediation is an appropriate and desirable method of alternative dispute resolution in this action. The parties further agree that mediation will be undertaken at an appropriate time following the Court's ruling on Plaintiffs' Motion for Class Certification, so that the mediation may be informed by the Court's certification analysis and ruling.
9.2 Proposed Mediator. The parties have agreed upon the selection of the Honorable Patricia Okoro (Ret.), of Westpark Dispute Resolution Inc., located at 1925 Century Park East, Suite 1700, Los Angeles, California 90067, as the mediator for this action. Both parties consent to the selection of Hon. Okoro, subject to her availability for a mediation session within the timeframe set forth below.
9.3 Mediation Scheduling. Mediation shall be scheduled by stipulation of the parties within thirty (30) days of the Court's ruling on Plaintiffs' Motion for Class Certification. The parties shall cooperate in good faith to identify a mutually agreeable date for the mediation session and shall each submit a confidential mediation brief to the mediator in advance of the session, in accordance with any requirements established by Hon. Okoro or Westpark Dispute Resolution Inc.
9.4 Mediation Costs. The costs of the mediator shall be shared equally between Plaintiffs (collectively) and Defendant, unless otherwise agreed by the parties.
10. TRIAL ESTIMATE
10.1 The parties estimate that if this matter proceeds to trial on the merits following class certification, the trial will require approximately fifteen (15) to twenty (20) court days, including jury selection, opening statements, presentation of evidence, closing arguments, and jury deliberation (if applicable).
10.2 No trial date is being set at this time. A trial date shall be set by further stipulation of the parties or by order of the Court following the resolution of class certification proceedings, any mediation conducted pursuant to Section 9 above, and any dispositive motions filed by the parties. The parties acknowledge that the setting of a trial date will depend on the outcome of class certification and the scope of any post-certification proceedings.
11. GENERAL PROVISIONS
11.1 Modification. This Stipulation may be modified by further written stipulation of the parties filed with the Court, or by order of the Court upon noticed motion. No oral modification of this Stipulation shall be effective.
11.2 Extensions. All deadlines set forth herein are subject to extension by mutual written stipulation of the parties, filed with the Court and subject to Court approval. The parties agree that any request for extension shall be made as promptly as possible and shall set forth good cause for the requested extension.
11.3 Meet-and-Confer Obligation. The parties agree to meet and confer in good faith before seeking any court intervention regarding discovery disputes or any other disputes arising under this Stipulation. The parties shall comply with the informal discovery conference procedures of this Court, if any, before filing any discovery motion.
11.4 Related Action. This Stipulation does not affect, govern, or modify any deadlines, obligations, or proceedings in the related action Aldrich v. Aurelius Media Americas Inc., Case No. 22STCV41087, pending before the Honorable Catherine Villanueva, Department 52. Nothing in this Stipulation shall be construed as a waiver of any party's rights or obligations in that action.
11.5 Counterparts. This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile and electronic signatures shall be deemed original signatures for all purposes.
[SIGNATURES ON FOLLOWING PAGE]
Dated: March 10, 2023
CASTELLANO BYRNE & SALAS LLP
By: ________
Marco Castellano (SBN 198422) 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025 Telephone: (310) 555-8200 Facsimile: (310) 555-8201
Attorneys for Plaintiffs Marisol Fuentes, Derek Halloran, and Yesenia Padilla
VELTRANO EMPLOYMENT LAW GROUP PC
By: ________
Sandra Higuera (SBN 217893) 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071 Telephone: (213) 555-4100 Facsimile: (213) 555-4101
Attorneys for Plaintiffs (PAGA Claims)
CALDERWOOD & HARKNESS LLP
By: ________
Renata Vasquez (SBN 224578) Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7600 Facsimile: (213) 555-7601
Attorneys for Defendant Aurelius Media Americas Inc.
ORDER
The Court, having reviewed the foregoing Stipulation and the parties' Case Management Statements, and having conducted the Initial Case Management Conference on March 10, 2023, at which all parties appeared through their respective counsel of record, and good cause appearing therefor:
IT IS HEREBY ORDERED that the Case Management Schedule set forth in the foregoing Stipulation is adopted in its entirety and shall govern all pre-certification and certification proceedings in this consolidated action, Lead Case No. 22STCV38214.
IT IS FURTHER ORDERED that the hearing on Plaintiffs' Motion for Class Certification is set for July 28, 2023, at 8:30 a.m., in Department 34, before the undersigned.
IT IS FURTHER ORDERED that the parties shall comply with all deadlines set forth in the Stipulation. Any request for modification of the schedule shall be made by written stipulation filed with the Court, or by noticed motion supported by a showing of good cause. No unilateral extensions of deadlines shall be effective absent Court approval.
IT IS FURTHER ORDERED that a Post-Certification Status Conference is hereby set for August 18, 2023, at 8:30 a.m., in Department 34, to address post-certification scheduling, mediation, further case management, and any other issues necessary for the efficient resolution of this action. The parties shall file a Joint Status Conference Statement no later than five (5) court days before the Post-Certification Status Conference.
Dated: March 10, 2023
________________________________________
HON. RAYMOND ESCOBEDO Judge of the Superior Court
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, | STIPULATION AND ORDER RE: CASE MANAGEMENT SCHEDULE |
Defendants.