Preview
FILED/ENDORSED
1 LEWIS BRISBOIS BISGAARD & SMITH LLP
SHANE SINGH, SB# 202733 OCT 2 2 2020
2 E-Mail: Shane.Singh@lewisbrisbois.com
GEORGE J. THEOFANIS, SB# 324037
3 E-Mail: George.Theofanis@lewisbrisbois.com By C. Chapo. Deputy Clerk
NOLAN W. KESSLER, SB# 327178
4 E-Mail: Nolan.Kessler@lewisbrisbois.com
2020 West El Camino Avenue, Suite 700
5 Sacramento, Califomia 95833
Telephone: 916.564.5400
6 Facsimile: 916.564.5444
7 Attomeys for Defendant, ASOMEO
ENVIRONMENTAL RESTORATION
8 INDUSTRY, LLC
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SACRAMENTO
12
13 JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS
individually and on behalf of all others
14 similarly situated. DECLARATION OF SHANE SINGH IN
SUPPORT OF OPPOSITION TO
15 Plaintiffs, PLAINTIFFS' MOTION TO COMPEL
FURTHER RESPONSES TO
16 vs. PLAINTIFFS' REQUEST FOR
PRODUCTION, SET ONE; AND MOTION
17 ASOMEO ENVIRONMENTAL FOR SANCTIONS
RESTORATION INDUSTRY, LLC, a
18 Califomia Corporation and PHILLIPS & Date: November 5, 2020
JORDAN ENVIRONMENTAL SERVICES Time: 9:00 a.m.
19 LLC, a Delaware Corporation and DOES 1-10, Dept.: 54
20 Defendants. Action Filed: August 16,2019
Trial Date: None Set
21
22 DECLARATION OF SHANE SINGH
23 I, Shane Singh, declare as follows:
24 1. I am an attomey duly admitted to practice in all of the courts of the State of
25 Califomia and I am a partner with Lewis Brisbois Bisgaard & Smith LLP, attomeys of record for
26 Defendant Asomeo Environmental Restoration Industry, LLC ("Defendant"). The facts set forth
27 herein are of my own personal knowledge, and if swom I could and would competently testify
28 thereto.
LEWIS 4823-7216-7375.1 Case No. 34-2019-00262942-CU-OE-GDS
BRISBOIS 1
BISGAARD DECLARATION OF SHANE SINGH IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL
AHORNere AT LAW FURTHER RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION, SET ONE
1 2. On June 18, 2020, Defendant served responses to Plaintiffs' discovery. Fifty (50)
2 days after June 18, is August 7, 2020.
3 3. On August 13, 2020, Defendant served verified amended discovery responses to
4 Plaintiffs' Request for Production, Set One, via U.S. mail. A true and correct copy of Defendant's
5 response, verification, and proof of service is attached hereto as "Exhibit A."
6 4. On August 13, 2020, my associate, Nolan W. Kessler, Esq., inquired as to
7 Plaintiffs' counsel's availability to discuss the responses in an attempt to try and resolve any
8 outstanding discovery disputes. Plaintiffs' counsel responded that she was unavailable on August
9 20, 2020, but that Robbie Towne ("Mr. Towne") of her office would propose altemative times for
10 a call. Defendant's counsel never heard back from Plaintiffs' counsel, Mr. Towne, or anyone else
11 from Plaintiffs' counsel's office about scheduling a call. A true and correct copy of the email
12 chain between Defendant's counsel and Plaintiffs' counsel is attached hereto as "Exhibit B."
13 5. On September 3, 2020, my associate, George J. Theofanis, Esq., emailed Plaintiffs'
14 counsel and inquired as to her availability for a call to discuss any outstanding discovery issues,
15 and provided her with a courtesy copy of the responses previously served on August 13, 2020.
16 Plaintiffs' counsel never responded to the email. A tme and correct copy of Defendant's counsel's
17 email to Plaintiffs' counsel is attached hereto as "Exhibit C."
18 6. On October 7, 2020, at 1:44 p.m.. Plaintiffs' counsel's office sent Defendant's
19 counsel's office Notice of their Motion to Compel. A true and correct copy of the October 7, 2020
20 email from Plaintiffs' counsel's office containing the Motion is attached hereto as "Exhibit D."
21 7. Other than serving Plaintiffs' multiple defective and baseless Motions to Compel,
22 Plaintiffs' counsel has not been in contact with Defendant's counsel since Plaintiffs' counsel's
23 August 14, 2020 email. In fact, not only did Plaintiffs' counsel make absolutely no attempt to
24 meet and confer with Defendant's counsel about Defendant's amended verified discovery
25 responses served on August 13, 2020, Plaintiffs' counsel brazenly ignored Defendant's counsel's
26 multiple good faith attempts to schedule a call to discuss this case.
27 8. A review of the Court's docket reveals that on August 19, and August 26, 2020,
28 Plaintiffs filed a motion to compel that was rejected by the Court. {See generally Jay Robinson vs.
LEWIS 4823-7216-7375.1 Case No. 34-2019-00262942-CU-OE-GDS
BRISBOIS
BISGAARD DECLARATION OF SHANE SINGH IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL
&S^/^HliP FURTHER RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION, SET ONE
ATTORNEYS AT LAW
1 Asomeo Environmental Restoration Industry, LLC, a California Corporation, Case No. 34-2019-
2 00262942-CU-OE-GDS, Register of Actions ("ROA"), ROA Nos. 45, 46.) A true and correct
3 copy of the Court's Docket is attached thereto as "Exhibit E."
4 9. On September 10, 2020, Plaintiffs filed an additional motion to compel. {Robinson,
5 supra, Case No. 34-2019-00262942-CU-OE-GDS, ROA No. 54.) On September 23, 2020, the
6 Court dropped the matter from the calendar for being untimely. {Robinson, supra, Case No. 34-
7 2019-00262942-CU-OE-GDS, ROA No. 76.) A true and correct copy ofthe Court's Order is
8 attached here to as "Exhibit F."
9 10. The request of Defendant for an award of reasonable expenses should be granted
10 because Plaintiff has forced Defendant to file an Opposition to their Motion to Compel when there
11 is no justification for doing so and for failures to comply with the Califomia Code of Civil
12 Procedure. Additionally, Plaintiffs' counsel has failed to reasonably engage in the meet and
13 confer process in good faith.
14 11. Defendant bases its request for an award of reasonable expenses, including
15 attomeys' fees, in the amount of $2,560 based on a billing rate of $250 per hour, and the
16 approximately eight (8) hours spent reviewing the Motion and drafting this Opposition and
17 supporting papers, and additional two (2) hours preparing for and attending the upcoming hearing.
18 Our Firm also incurred a $60.00 filing fee. Accordingly, Defendant will have incurred at least
19 $2,560 for having to bring the subject Opposition.
20 I declare under the laws of the State of Califomia that the foregoing is true and correct and
21 that this declaration was executed on October 22, 2020, at Sacramento, Califomia.
22
23
24
Shane Singh
25
26
27
28
LEWIS 4823-7216-7375.1 Case No. 34-2019-00262942-CU-OE-GDS
BRISBOIS
BISGAARD DECLARATION OF SHANE SINGH IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL
aSMIIHliP FURTHER RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION, SET ONE
AnORNEYS AT LAW
P3
EXHIBIT A
1 LEWIS BRISBOIS BISGAARD & SMITH LLP
SHANE SINGH, SB# 202733
2 E-Mail: Shane.Singh@lewisbrisbois.com
GEORGE J. THEOFANIS, SB# 324037
3 E-Mail: George.Theofanis@lewisbrisbois.com
NOLAN W. KESSLER, SB# 327178
4 E-Mail: Nolan.Kessler@lewisbrisbois.com
2020 West El Camino Avenue, Suite 700
5 Sacramento, Califomia 95833
Telephone: 916.564.5400
6 Facsimile: 916.564.5444
7 Attomeys for Defendant, ASOMEO
ENVIRONMENTAL RESTORATION
8 INDUSTRY, LLC
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SACRAMENTO
12
13 JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS
individually and on behalf of all others
14 similarly situated. DEFENDANT ASOMEO
ENVIRONMENTAL RESTORATION
15 Plaintiffs, INDUSTRY, L L C ' S AMENDED
RESPONSES TO REQUEST FOR
16 vs. PRODUCTION OF DOCUMENTS, SET
ONE, PLAINTIFF JAY ROBINSON
17 ASOMEO ENVIRONMENTAL
RESTORATION INDUSTRY, LLC, a
18 Califomia Corporation and PHILLIPS &
JORDAN ENVIRONMENTAL SERVICES
19 LLC, a Delaware Corporation and DOES 1-10, Action Filed: August 16, 2019
20 Defendants.
21
22 PROPOUNDING PARTY: PLAINTIFF JAY ROBINSON
23 RESPONDING PARTY: DEFENDANT ASOMEO ENVIRONMENTAL
24 RESTORATION INDUSTRY, LLC
25 SET NO.: ONE
26 NUMBERS: 1-74
27 Pursuant to Califomia Code of Civil Procedure Section 2031.010 et seq.. Defendant
28 ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC (hereafter referred to as
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BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
&SMIHLiP ONE
AnORNEYS AI LAW
1 "Defendant") responds to Plaintiff JAY ROBINSON's Request for Production of Documents, Set
2 One, as follows:
3 GENERAL STATEMENT
4 Discovery in this action is continuing, and Defendant has not yet had a reasonable
5 opportunity to complete its investigation. The following responses and objections state
6 Defendant's knowledge, information, and belief as of the date of such responses and Defendant
7 expressly reserves its right to rely upon and/or introduce into evidence at trial such additional
8 information or facts as it may discover hereafter.
9 GENERAL OBJECTIONS
10 The following general objections are incorporated into each response below as if set forth
11 therein in full.
12 1. Defendant objects to the Request for Production of Documents to the extent that
13 they seek information which contains or relates to confidential communications between attomey
14 and client on the ground of attomey-client privilege. Such information will not be provided. To
15 the extent the Request for Production of Documents are so vague and ambiguous that they can be
16 interpreted to call for privileged or protected information. Defendant interprets these requests so as
17 not to call for any privileged or protected information. In the event any privileged information is
18 inadvertently provided, that shall not be constmed as a waiver of the applicable privilege(s).
19 2. Defendant objects to the Request for Production of Documents to the extent they
20 seek information which contains or relates to research, investigation, or analysis under the
21 supervision and direction of its attomeys or in anticipation of or preparation for trial of this action,
22 on the ground that such information is protected by the work product doctrine.
23 3. Defendant objects to the Request for Production of Documents to the extent that
24 they seek information which is neither relevant nor likely to lead to the discovery of admissible
25 evidence.
26 4. Defendant objects to the Request for Production of Documents to the extent they
27 are premature, unduly burdensome, oppressive, and harassing at this stage of the litigation.
28 Discovery may supply additional facts which may lead to substantial additions to, changes in, and
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BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
&SMIHLIP ONE
AnORNEYSAT U\W
1 variations from the responses set forth herein.
2 5. Defendant does not concede the relevance or materiality of any information
3 requested or provided or of the subject matter to which such information refers. Defendant's
4 answers are provided subject to and without waiving any objections as to the competence,
5 relevance, materiality, or admissibility as evidence or for any other purpose, ofany ofthe
6 information referred to in these responses, or of the subject matter covered by these responses, in
7 any subsequent proceeding, including the trial of this action or of any other action.
8 REOUEST FOR PRODUCTION NO. 1;
9 All contents of PLAINTIFFS' personnel file.
10 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 1;
11 Defendant objects on the grounds that the request is overbroad as to time and scope.
12 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
13 calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
14 the request is vague and ambiguous. Defendant objects on the grounds that the request is
15 burdensome and oppressive. Defendant objects on the grounds that the grounds that the request
16 seeks documents equally available to Plaintiff.
17 Subject to and without waiving the foregoing objections. Defendant responds as follows:
18 Defendant will comply with this request in whole. Defendant will produce all responsive
19 documents in its possession, custody, or control. Defendant directs Plaintiff to bates range
20 AERIOOOOOl to AERI000023 for relevant information. Discovery is continuing and ongoing, and
21 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right
22 to supplement its response at a later time.
23 REOUEST FOR PRODUCTION NO. 2;
24 All WRITINGS and ELECTRONIC WRITINGS reflecting paystubs YOU issued to
25 PLAINTIFF during the RELATIONSHIP.
26 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 2:
27 Defendant objects to this request to the extent it seeks documents in violation of the
28 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
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BISGAARD DEFENDANT AERI'S AA4ENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
ATTORNEYS AT LAW ONE
1 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
2 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
3 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
4 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
5 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
6 grounds that it violates third-party privacy rights.
7 Subject to and without waiving the foregoing objections. Defendant responds as follows:
8 Defendant will comply with the request in whole. Defendant will produce all responsive
9 documents in its possession, custody, or control. Defendant directs Plaintiff to bates range
10 AERI000024-AERI000025 for relevant information.
11 REOUEST FOR PRODUCTION NO. 3;
12 All WRITINGS and ELECTRONIC WRITINGS, including drafts and revisions,
13 containing job descriptions, weather complete or partial, YOU used for any position PLAINTIFF
14 held during the RELATIONSHIP.
15 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 3;
16 Defendant objects to this request to the extent it seeks documents in violation of the
17 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
18 request is overbroad as to time and scope. Defendant objects to the request on the grounds that it
19 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
20 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
21 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
22 the request seeks documents equally available to Plaintiff Defendant objects to the request on the
23 grounds that it violates third-party privacy rights.
24 Subject to and without waiving the foregoing objections. Defendant responds as follows:
25 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to cpmply
26 with the request because Defendant does not have responsive documents in its possession,
27 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its
28 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a
LEWIS 4818-3184-9927.1 4
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BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
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AnORNEYSAT LAW
1 later time.
2 REOUEST FOR PRODUCTION NO. 4;
3 All WRITINGS and ELECTRONIC WRITINGS RELATING to job evaluations YOU
4 created of PLAINTFFS' job performance during the RELATIONSHIP.
5 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 4:
6 Defendant objects to this request to the extent it seeks documents in violation of the
7 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
8 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
9 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
10 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
11 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
12 the request seeks documents equally available to Plaintiff.
13 Subject to and without waiving the foregoing objections. Defendant responds as follows:
14 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply
15 with the request because Defendant does not have responsive documents in its possession,
16 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its
17 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a
18 later time.
19 REOUEST FOR PRODUCTION NO. 5;
20 All WRITINGS and ELECTRONIC WRITINGS RELATING to any job training that
21 YOU provided to PLAINTIFF during the RELATIONSHIP.
22 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 5:
23 Defendant objects to this request to the extent it seeks documents in violation of the
24 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
25 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
26 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
27 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
28 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
LEWIS 4818-3184-9927.1 5
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BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
&SMnHUP ONE
AnOfJNEYSATLAW
1 the request seeks documents equally available to Plaintiff Defendant objects to the request on the
2 grounds that it violates third-party privacy rights.
3 Subject to and without waiving the foregoing objections, Defendant responds as follows:
4 Defendant will comply with the request in whole. Defendant will produce all responsive
5 documents in its possession, custody, or control. Defendant directs Plaintiff to bates range
6 AERI000006-AERI000018 for relevant information. Discovery is continuing and ongoing, and
7 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right
8 to supplement its response at a later time.
9 REOUEST FOR PRODUCTION NO. 6:
10 Any and all of YOUR manuals (e.g., handbooks, policy memoranda, etc.) goveming
11 PLAINTIFFS' employment with YOU during the RELATIONSHIP.
12 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 6;
13 Defendant objects to this request to the extent it seeks documents in violation of the
14 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
15 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
16 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
17 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
18 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
19 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
20 grounds that it violates third-party privacy rights.
21 Subject to and without waiving the foregoing objections. Defendant responds as follows:
22 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply
23 with the request because Defendant does not have responsive documents in its possession,
24 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its
25 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a
26 later time.
27 REOUEST FOR PRODUCTION NO. 7:
28 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
LEWIS 4818-3184-9927.1 g
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BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
&SMIHL1P ONE
AHORNEYSATLAW
1 the COVERED PERIOD RELATING to keeping track of YOUR employees' hours worked.
2 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 7:
3 Defendant objects to this request to the extent it seeks documents in violation of the
4 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
5 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
6 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
7 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
8 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
9 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
10 grounds that it violates third-party privacy rights.
11 Subject to and without waiving the foregoing objections. Defendant responds as follows:
12 Defendant will comply with this request in whole. Defendant will produce all responsive
13 documents in its possession custody or control. Defendant directs Plaintiff to bates range
14 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing, and
15 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right
16 to supplement its response at a later time.
17 REOUEST FOR PRODUCTION NO. 8;
18 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
19 the COVERED PERIOD RELATING to overtime.
20 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 8;
21 Defendant objects to this request to the extent it seeks documents in violation of the
22 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
23 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
24 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
25 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
26 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
27 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
28 grounds that it violates third-party privacy rights.
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BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
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AnORNEVS AT LAW
1 Subject to and without waiving the foregoing objections. Defendant responds as follows:
2 Defendant will comply with this request in whole. Defendant will produce all responsive
3 documents in its possession custody or control. Defendant directs Plaintiff to bates range
4 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing, and
5 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right
6 to supplement its response at a later time.
7 REOUEST FOR PRODUCTION NO. 9;
8 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
9 the COVERED PERIOD RELATING to minimum wages.
10 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 9:
11 Defendant objects to this request to the extent it seeks documents in violation of the
12 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
13 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
14 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
15 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
16 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
17 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
18 grounds that it violates third-party privacy rights.
19 Subject to and without waiving the foregoing objections, Defendant responds as follows:
20 Defendant will comply with this request in whole. Defendant will produce all responsive
21 documents in its possession custody or control. Defendant directs Plaintiff to bates range
22 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing, and
23 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right
24 to supplement its response at a later time.
25 REOUEST FOR PRODUCTION NO. 10;
26 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
27 the COVERED PERIOD RELATING to meal periods.
28 Ill
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BISGAARD DEFETvJDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
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1 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 10:
2 Defendant objects to this request to the extent it seeks documents in violation of the
3 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
4 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
5 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
6 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
7 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
8 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
9 grounds that it violates third-party privacy rights.
10 Subject to and without waiving the foregoing objections. Defendant responds as follows:
11 Defendant will comply with this request in whole. Defendant will produce all responsive
12 documents in its possession custody or control. Defendant directs Plaintiff to bates range
13 AERI000026-AERI000078 for relevant infonnation. Discovery is continuing and ongoing, and
14 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right
15 to supplement its response at a later time.
16 REOUEST FOR PRODUCTION NO. 11:
17 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
18 the COVERED PERIOD RELATING to rest periods.
19 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 11:
20 Defendant objects to this request to the extent it seeks documents in violation of the
21 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
22 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
23 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
24 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
25 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
26 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
27 grounds that it violates third-party privacy rights.
28 Subject to and without waiving the foregoing objections, Defendant responds as follows:
LEWIS 4818-3184-9927.1 9
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BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
&S^^IHL1P ONE
AITORMEYS AT LAW
1 Defendant will comply with this request in whole, Defendant will produce all responsive
2 documents in its possession custody or control. Defendant directs Plaintiff to bates range
3 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing.
4 Defendant reserves the right to supplement or amend its response at a later time.
5 REOUEST FOR PRODUCTION NO. 12;
6 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
7 the COVERED PERIOD RELATING wage statements.
8 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 12;
9 Defendant objects to this request to the extent it seeks documents in violation of the
10 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
11 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
12 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
13 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
14 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
15 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
16 grounds that it violates third-party privacy rights.
17 Subject to and without waiving the foregoing objections. Defendant responds as follows:
18 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply
19 with the request because Defendant does not have responsive documents in its possession,
20 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its
21 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a
22 later time.
23 REOUEST FOR PRODUCTION NO. 13;
24 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
25 the COVERED PERIOD RELATING to reimbursement expenses.
26 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 13;
27 Defendant objects to this request to the extent it seeks documents in violation of the
28 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
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BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
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1 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
2 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
3 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
4 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
5 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
6 grounds that it violates third-party privacy rights.
7 Subject to and without waiving the foregoing objections. Defendant responds as follows:
8 Defendant will comply with this request in whole. Defendant will produce all responsive
9 documents in its possession custody or control. Defendant directs Plaintiff to bates range
10 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing, and
11 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right
12 to supplement its response at a later time.
13 REOUEST FOR PRODUCTION NO. 14;
14 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
15 the COVERED PERIOD RELATFNG to YOUR employees' use of a personal cell phone for work
16 purposes.
17 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 14;
18 Defendant objects to this request to the extent it seeks documents in violation of the
19 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
20 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
21 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
22 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
23 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
24 the request seeks documents equally available to Plaintiff Defendant objects to the request on the
25 grounds that it violates third-party privacy rights.
26 Subject to and without waiving the foregoing objections. Defendant responds as follows:
27 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply
28 with the request because Defendant does not have responsive documents in its possession,
LEWIS 4818-3184-9927.1 J|
BRISBOIS
BISGAARD DEFENDANT AERJ'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
&SNi11HLU> ONE
AnORNEVS AI LAW
1 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its
2 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a
3 later time.
4 REOUEST FOR PRODUCTION NO. 15;
5 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
6 the COVERED PERIOD RELATING to YOUR use of an ALTERNATIVE WORK WEEK.
7 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 15;
8 Defendant objects to this request to the extent it seeks documents in violation ofthe
9 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
10 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
11 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
12 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
13 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
14 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
15 grounds that it violates third-party privacy rights.
16 Subject to and without waiving the foregoing objections. Defendant responds as follows:
17 Defendant has perfonned a diligent search and made a reasonable inquiry, and is unable to comply
18 with the request because Defendant does not have responsive documents in its possession,
19 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its
20 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a
21 later time.
22 REOUEST FOR PRODUCTION NO. 16:
23 Any and all of PLAINTIFFS' work schedules that YOU created for PLAINTIFFS to work
24 during the RELATIONSHIP.
25 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 16;
26 Defendant objects on the grounds that the request is overbroad as to time and scope.
27 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
28 calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
LEWIS 4818-3184-9927.1 J2
BRISBOIS
BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET
AnORNEYSATLAW ONE
1 the request is vague and ambiguous. Defendant objects on the grounds that the request is
2 burdensome and oppressive. Defendant objects on the grounds that the request seeks documents
3 equally available to Plaintiff Defendant objects to the request on the grounds that it violates third-
4 party privacy rights.
5 Subject to and without waiving the foregoing objections, Defendant responds as follows:
6 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply
7 with the request because Defendant does not have responsive documents in its possession,
8 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its
9 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a
10 later time.
11 REOUEST FOR PRODUCTION NO. 17;
12 All WRITINGS and ELECTRONIC WRITINGS reflecting the hours that PLAINTIFF
13 worked for YOU during the RELATIONSHIP.
14 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 17;
15 Defendant objects to this request to the extent it seeks documents in violation of the
16 attomey client privilege and work product doctrines. Defendant objects on the grounds that the
17 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
18 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
19 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
20 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that
21 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the
22 grounds that it violates third-party privacy rights.
23 Subject to and without waiving the foregoing objections, Defendant responds as follows:
24 Defendant will comply with this request in whole. Defendant will produce all responsive
25 documents in its possession custody or control. Defendant directs Plaintiff to bates range
26 AERI000024-AERI000025 for relevant information. Discovery is continuing and ongoing, and
27 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right
28 to supplement its response at a later time.
LEWIS 4818-3184-99
Preview
FILED/ENDORSED 1 LEWIS BRISBOIS BISGAARD & SMITH LLP SHANE SINGH, SB# 202733 OCT 2 2 2020 2 E-Mail: Shane.Singh@lewisbrisbois.com GEORGE J. THEOFANIS, SB# 324037 3 E-Mail: George.Theofanis@lewisbrisbois.com By C. Chapo. Deputy Clerk NOLAN W. KESSLER, SB# 327178 4 E-Mail: Nolan.Kessler@lewisbrisbois.com 2020 West El Camino Avenue, Suite 700 5 Sacramento, Califomia 95833 Telephone: 916.564.5400 6 Facsimile: 916.564.5444 7 Attomeys for Defendant, ASOMEO ENVIRONMENTAL RESTORATION 8 INDUSTRY, LLC 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SACRAMENTO 12 13 JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS individually and on behalf of all others 14 similarly situated. DECLARATION OF SHANE SINGH IN SUPPORT OF OPPOSITION TO 15 Plaintiffs, PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO 16 vs. PLAINTIFFS' REQUEST FOR PRODUCTION, SET ONE; AND MOTION 17 ASOMEO ENVIRONMENTAL FOR SANCTIONS RESTORATION INDUSTRY, LLC, a 18 Califomia Corporation and PHILLIPS & Date: November 5, 2020 JORDAN ENVIRONMENTAL SERVICES Time: 9:00 a.m. 19 LLC, a Delaware Corporation and DOES 1-10, Dept.: 54 20 Defendants. Action Filed: August 16,2019 Trial Date: None Set 21 22 DECLARATION OF SHANE SINGH 23 I, Shane Singh, declare as follows: 24 1. I am an attomey duly admitted to practice in all of the courts of the State of 25 Califomia and I am a partner with Lewis Brisbois Bisgaard & Smith LLP, attomeys of record for 26 Defendant Asomeo Environmental Restoration Industry, LLC ("Defendant"). The facts set forth 27 herein are of my own personal knowledge, and if swom I could and would competently testify 28 thereto. LEWIS 4823-7216-7375.1 Case No. 34-2019-00262942-CU-OE-GDS BRISBOIS 1 BISGAARD DECLARATION OF SHANE SINGH IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL AHORNere AT LAW FURTHER RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION, SET ONE 1 2. On June 18, 2020, Defendant served responses to Plaintiffs' discovery. Fifty (50) 2 days after June 18, is August 7, 2020. 3 3. On August 13, 2020, Defendant served verified amended discovery responses to 4 Plaintiffs' Request for Production, Set One, via U.S. mail. A true and correct copy of Defendant's 5 response, verification, and proof of service is attached hereto as "Exhibit A." 6 4. On August 13, 2020, my associate, Nolan W. Kessler, Esq., inquired as to 7 Plaintiffs' counsel's availability to discuss the responses in an attempt to try and resolve any 8 outstanding discovery disputes. Plaintiffs' counsel responded that she was unavailable on August 9 20, 2020, but that Robbie Towne ("Mr. Towne") of her office would propose altemative times for 10 a call. Defendant's counsel never heard back from Plaintiffs' counsel, Mr. Towne, or anyone else 11 from Plaintiffs' counsel's office about scheduling a call. A true and correct copy of the email 12 chain between Defendant's counsel and Plaintiffs' counsel is attached hereto as "Exhibit B." 13 5. On September 3, 2020, my associate, George J. Theofanis, Esq., emailed Plaintiffs' 14 counsel and inquired as to her availability for a call to discuss any outstanding discovery issues, 15 and provided her with a courtesy copy of the responses previously served on August 13, 2020. 16 Plaintiffs' counsel never responded to the email. A tme and correct copy of Defendant's counsel's 17 email to Plaintiffs' counsel is attached hereto as "Exhibit C." 18 6. On October 7, 2020, at 1:44 p.m.. Plaintiffs' counsel's office sent Defendant's 19 counsel's office Notice of their Motion to Compel. A true and correct copy of the October 7, 2020 20 email from Plaintiffs' counsel's office containing the Motion is attached hereto as "Exhibit D." 21 7. Other than serving Plaintiffs' multiple defective and baseless Motions to Compel, 22 Plaintiffs' counsel has not been in contact with Defendant's counsel since Plaintiffs' counsel's 23 August 14, 2020 email. In fact, not only did Plaintiffs' counsel make absolutely no attempt to 24 meet and confer with Defendant's counsel about Defendant's amended verified discovery 25 responses served on August 13, 2020, Plaintiffs' counsel brazenly ignored Defendant's counsel's 26 multiple good faith attempts to schedule a call to discuss this case. 27 8. A review of the Court's docket reveals that on August 19, and August 26, 2020, 28 Plaintiffs filed a motion to compel that was rejected by the Court. {See generally Jay Robinson vs. LEWIS 4823-7216-7375.1 Case No. 34-2019-00262942-CU-OE-GDS BRISBOIS BISGAARD DECLARATION OF SHANE SINGH IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL &S^/^HliP FURTHER RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION, SET ONE ATTORNEYS AT LAW 1 Asomeo Environmental Restoration Industry, LLC, a California Corporation, Case No. 34-2019- 2 00262942-CU-OE-GDS, Register of Actions ("ROA"), ROA Nos. 45, 46.) A true and correct 3 copy of the Court's Docket is attached thereto as "Exhibit E." 4 9. On September 10, 2020, Plaintiffs filed an additional motion to compel. {Robinson, 5 supra, Case No. 34-2019-00262942-CU-OE-GDS, ROA No. 54.) On September 23, 2020, the 6 Court dropped the matter from the calendar for being untimely. {Robinson, supra, Case No. 34- 7 2019-00262942-CU-OE-GDS, ROA No. 76.) A true and correct copy ofthe Court's Order is 8 attached here to as "Exhibit F." 9 10. The request of Defendant for an award of reasonable expenses should be granted 10 because Plaintiff has forced Defendant to file an Opposition to their Motion to Compel when there 11 is no justification for doing so and for failures to comply with the Califomia Code of Civil 12 Procedure. Additionally, Plaintiffs' counsel has failed to reasonably engage in the meet and 13 confer process in good faith. 14 11. Defendant bases its request for an award of reasonable expenses, including 15 attomeys' fees, in the amount of $2,560 based on a billing rate of $250 per hour, and the 16 approximately eight (8) hours spent reviewing the Motion and drafting this Opposition and 17 supporting papers, and additional two (2) hours preparing for and attending the upcoming hearing. 18 Our Firm also incurred a $60.00 filing fee. Accordingly, Defendant will have incurred at least 19 $2,560 for having to bring the subject Opposition. 20 I declare under the laws of the State of Califomia that the foregoing is true and correct and 21 that this declaration was executed on October 22, 2020, at Sacramento, Califomia. 22 23 24 Shane Singh 25 26 27 28 LEWIS 4823-7216-7375.1 Case No. 34-2019-00262942-CU-OE-GDS BRISBOIS BISGAARD DECLARATION OF SHANE SINGH IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL aSMIIHliP FURTHER RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION, SET ONE AnORNEYS AT LAW P3 EXHIBIT A 1 LEWIS BRISBOIS BISGAARD & SMITH LLP SHANE SINGH, SB# 202733 2 E-Mail: Shane.Singh@lewisbrisbois.com GEORGE J. THEOFANIS, SB# 324037 3 E-Mail: George.Theofanis@lewisbrisbois.com NOLAN W. KESSLER, SB# 327178 4 E-Mail: Nolan.Kessler@lewisbrisbois.com 2020 West El Camino Avenue, Suite 700 5 Sacramento, Califomia 95833 Telephone: 916.564.5400 6 Facsimile: 916.564.5444 7 Attomeys for Defendant, ASOMEO ENVIRONMENTAL RESTORATION 8 INDUSTRY, LLC 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SACRAMENTO 12 13 JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS individually and on behalf of all others 14 similarly situated. DEFENDANT ASOMEO ENVIRONMENTAL RESTORATION 15 Plaintiffs, INDUSTRY, L L C ' S AMENDED RESPONSES TO REQUEST FOR 16 vs. PRODUCTION OF DOCUMENTS, SET ONE, PLAINTIFF JAY ROBINSON 17 ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC, a 18 Califomia Corporation and PHILLIPS & JORDAN ENVIRONMENTAL SERVICES 19 LLC, a Delaware Corporation and DOES 1-10, Action Filed: August 16, 2019 20 Defendants. 21 22 PROPOUNDING PARTY: PLAINTIFF JAY ROBINSON 23 RESPONDING PARTY: DEFENDANT ASOMEO ENVIRONMENTAL 24 RESTORATION INDUSTRY, LLC 25 SET NO.: ONE 26 NUMBERS: 1-74 27 Pursuant to Califomia Code of Civil Procedure Section 2031.010 et seq.. Defendant 28 ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC (hereafter referred to as LEWIS 4818-3184-9927.1 | BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &SMIHLiP ONE AnORNEYS AI LAW 1 "Defendant") responds to Plaintiff JAY ROBINSON's Request for Production of Documents, Set 2 One, as follows: 3 GENERAL STATEMENT 4 Discovery in this action is continuing, and Defendant has not yet had a reasonable 5 opportunity to complete its investigation. The following responses and objections state 6 Defendant's knowledge, information, and belief as of the date of such responses and Defendant 7 expressly reserves its right to rely upon and/or introduce into evidence at trial such additional 8 information or facts as it may discover hereafter. 9 GENERAL OBJECTIONS 10 The following general objections are incorporated into each response below as if set forth 11 therein in full. 12 1. Defendant objects to the Request for Production of Documents to the extent that 13 they seek information which contains or relates to confidential communications between attomey 14 and client on the ground of attomey-client privilege. Such information will not be provided. To 15 the extent the Request for Production of Documents are so vague and ambiguous that they can be 16 interpreted to call for privileged or protected information. Defendant interprets these requests so as 17 not to call for any privileged or protected information. In the event any privileged information is 18 inadvertently provided, that shall not be constmed as a waiver of the applicable privilege(s). 19 2. Defendant objects to the Request for Production of Documents to the extent they 20 seek information which contains or relates to research, investigation, or analysis under the 21 supervision and direction of its attomeys or in anticipation of or preparation for trial of this action, 22 on the ground that such information is protected by the work product doctrine. 23 3. Defendant objects to the Request for Production of Documents to the extent that 24 they seek information which is neither relevant nor likely to lead to the discovery of admissible 25 evidence. 26 4. Defendant objects to the Request for Production of Documents to the extent they 27 are premature, unduly burdensome, oppressive, and harassing at this stage of the litigation. 28 Discovery may supply additional facts which may lead to substantial additions to, changes in, and LEWIS 4818-3184-9927.1 2 BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &SMIHLIP ONE AnORNEYSAT U\W 1 variations from the responses set forth herein. 2 5. Defendant does not concede the relevance or materiality of any information 3 requested or provided or of the subject matter to which such information refers. Defendant's 4 answers are provided subject to and without waiving any objections as to the competence, 5 relevance, materiality, or admissibility as evidence or for any other purpose, ofany ofthe 6 information referred to in these responses, or of the subject matter covered by these responses, in 7 any subsequent proceeding, including the trial of this action or of any other action. 8 REOUEST FOR PRODUCTION NO. 1; 9 All contents of PLAINTIFFS' personnel file. 10 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 1; 11 Defendant objects on the grounds that the request is overbroad as to time and scope. 12 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably 13 calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that 14 the request is vague and ambiguous. Defendant objects on the grounds that the request is 15 burdensome and oppressive. Defendant objects on the grounds that the grounds that the request 16 seeks documents equally available to Plaintiff. 17 Subject to and without waiving the foregoing objections. Defendant responds as follows: 18 Defendant will comply with this request in whole. Defendant will produce all responsive 19 documents in its possession, custody, or control. Defendant directs Plaintiff to bates range 20 AERIOOOOOl to AERI000023 for relevant information. Discovery is continuing and ongoing, and 21 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right 22 to supplement its response at a later time. 23 REOUEST FOR PRODUCTION NO. 2; 24 All WRITINGS and ELECTRONIC WRITINGS reflecting paystubs YOU issued to 25 PLAINTIFF during the RELATIONSHIP. 26 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 2: 27 Defendant objects to this request to the extent it seeks documents in violation of the 28 attomey client privilege and work product doctrines. Defendant objects on the grounds that the LEWIS 4818-3184-9927.1 3 BRISBOIS BISGAARD DEFENDANT AERI'S AA4ENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ATTORNEYS AT LAW ONE 1 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 2 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 3 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 4 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 5 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 6 grounds that it violates third-party privacy rights. 7 Subject to and without waiving the foregoing objections. Defendant responds as follows: 8 Defendant will comply with the request in whole. Defendant will produce all responsive 9 documents in its possession, custody, or control. Defendant directs Plaintiff to bates range 10 AERI000024-AERI000025 for relevant information. 11 REOUEST FOR PRODUCTION NO. 3; 12 All WRITINGS and ELECTRONIC WRITINGS, including drafts and revisions, 13 containing job descriptions, weather complete or partial, YOU used for any position PLAINTIFF 14 held during the RELATIONSHIP. 15 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 3; 16 Defendant objects to this request to the extent it seeks documents in violation of the 17 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 18 request is overbroad as to time and scope. Defendant objects to the request on the grounds that it 19 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 20 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 21 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 22 the request seeks documents equally available to Plaintiff Defendant objects to the request on the 23 grounds that it violates third-party privacy rights. 24 Subject to and without waiving the foregoing objections. Defendant responds as follows: 25 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to cpmply 26 with the request because Defendant does not have responsive documents in its possession, 27 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its 28 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a LEWIS 4818-3184-9927.1 4 BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &SI\^IIP ONE AnORNEYSAT LAW 1 later time. 2 REOUEST FOR PRODUCTION NO. 4; 3 All WRITINGS and ELECTRONIC WRITINGS RELATING to job evaluations YOU 4 created of PLAINTFFS' job performance during the RELATIONSHIP. 5 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 4: 6 Defendant objects to this request to the extent it seeks documents in violation of the 7 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 8 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 9 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 10 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 11 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 12 the request seeks documents equally available to Plaintiff. 13 Subject to and without waiving the foregoing objections. Defendant responds as follows: 14 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply 15 with the request because Defendant does not have responsive documents in its possession, 16 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its 17 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a 18 later time. 19 REOUEST FOR PRODUCTION NO. 5; 20 All WRITINGS and ELECTRONIC WRITINGS RELATING to any job training that 21 YOU provided to PLAINTIFF during the RELATIONSHIP. 22 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 5: 23 Defendant objects to this request to the extent it seeks documents in violation of the 24 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 25 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 26 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 27 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 28 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that LEWIS 4818-3184-9927.1 5 BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &SMnHUP ONE AnOfJNEYSATLAW 1 the request seeks documents equally available to Plaintiff Defendant objects to the request on the 2 grounds that it violates third-party privacy rights. 3 Subject to and without waiving the foregoing objections, Defendant responds as follows: 4 Defendant will comply with the request in whole. Defendant will produce all responsive 5 documents in its possession, custody, or control. Defendant directs Plaintiff to bates range 6 AERI000006-AERI000018 for relevant information. Discovery is continuing and ongoing, and 7 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right 8 to supplement its response at a later time. 9 REOUEST FOR PRODUCTION NO. 6: 10 Any and all of YOUR manuals (e.g., handbooks, policy memoranda, etc.) goveming 11 PLAINTIFFS' employment with YOU during the RELATIONSHIP. 12 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 6; 13 Defendant objects to this request to the extent it seeks documents in violation of the 14 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 15 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 16 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 17 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 18 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 19 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 20 grounds that it violates third-party privacy rights. 21 Subject to and without waiving the foregoing objections. Defendant responds as follows: 22 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply 23 with the request because Defendant does not have responsive documents in its possession, 24 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its 25 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a 26 later time. 27 REOUEST FOR PRODUCTION NO. 7: 28 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during LEWIS 4818-3184-9927.1 g BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &SMIHL1P ONE AHORNEYSATLAW 1 the COVERED PERIOD RELATING to keeping track of YOUR employees' hours worked. 2 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 7: 3 Defendant objects to this request to the extent it seeks documents in violation of the 4 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 5 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 6 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 7 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 8 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 9 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 10 grounds that it violates third-party privacy rights. 11 Subject to and without waiving the foregoing objections. Defendant responds as follows: 12 Defendant will comply with this request in whole. Defendant will produce all responsive 13 documents in its possession custody or control. Defendant directs Plaintiff to bates range 14 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing, and 15 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right 16 to supplement its response at a later time. 17 REOUEST FOR PRODUCTION NO. 8; 18 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 19 the COVERED PERIOD RELATING to overtime. 20 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 8; 21 Defendant objects to this request to the extent it seeks documents in violation of the 22 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 23 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 24 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 25 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 26 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 27 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 28 grounds that it violates third-party privacy rights. LEWIS 4818-3184-9927.1 y BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &SMnHLlP ONE AnORNEVS AT LAW 1 Subject to and without waiving the foregoing objections. Defendant responds as follows: 2 Defendant will comply with this request in whole. Defendant will produce all responsive 3 documents in its possession custody or control. Defendant directs Plaintiff to bates range 4 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing, and 5 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right 6 to supplement its response at a later time. 7 REOUEST FOR PRODUCTION NO. 9; 8 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 9 the COVERED PERIOD RELATING to minimum wages. 10 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 9: 11 Defendant objects to this request to the extent it seeks documents in violation of the 12 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 13 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 14 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 15 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 16 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 17 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 18 grounds that it violates third-party privacy rights. 19 Subject to and without waiving the foregoing objections, Defendant responds as follows: 20 Defendant will comply with this request in whole. Defendant will produce all responsive 21 documents in its possession custody or control. Defendant directs Plaintiff to bates range 22 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing, and 23 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right 24 to supplement its response at a later time. 25 REOUEST FOR PRODUCTION NO. 10; 26 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 27 the COVERED PERIOD RELATING to meal periods. 28 Ill LEWIS 4818-3184-9927.1 BRISBOIS 8 BISGAARD DEFETvJDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &SMIHUP ONE AnORNEYSAT LAW 1 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 10: 2 Defendant objects to this request to the extent it seeks documents in violation of the 3 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 4 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 5 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 6 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 7 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 8 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 9 grounds that it violates third-party privacy rights. 10 Subject to and without waiving the foregoing objections. Defendant responds as follows: 11 Defendant will comply with this request in whole. Defendant will produce all responsive 12 documents in its possession custody or control. Defendant directs Plaintiff to bates range 13 AERI000026-AERI000078 for relevant infonnation. Discovery is continuing and ongoing, and 14 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right 15 to supplement its response at a later time. 16 REOUEST FOR PRODUCTION NO. 11: 17 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 18 the COVERED PERIOD RELATING to rest periods. 19 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 11: 20 Defendant objects to this request to the extent it seeks documents in violation of the 21 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 22 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 23 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 24 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 25 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 26 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 27 grounds that it violates third-party privacy rights. 28 Subject to and without waiving the foregoing objections, Defendant responds as follows: LEWIS 4818-3184-9927.1 9 BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &S^^IHL1P ONE AITORMEYS AT LAW 1 Defendant will comply with this request in whole, Defendant will produce all responsive 2 documents in its possession custody or control. Defendant directs Plaintiff to bates range 3 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing. 4 Defendant reserves the right to supplement or amend its response at a later time. 5 REOUEST FOR PRODUCTION NO. 12; 6 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 7 the COVERED PERIOD RELATING wage statements. 8 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 12; 9 Defendant objects to this request to the extent it seeks documents in violation of the 10 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 11 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 12 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 13 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 14 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 15 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 16 grounds that it violates third-party privacy rights. 17 Subject to and without waiving the foregoing objections. Defendant responds as follows: 18 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply 19 with the request because Defendant does not have responsive documents in its possession, 20 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its 21 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a 22 later time. 23 REOUEST FOR PRODUCTION NO. 13; 24 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 25 the COVERED PERIOD RELATING to reimbursement expenses. 26 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 13; 27 Defendant objects to this request to the extent it seeks documents in violation of the 28 attomey client privilege and work product doctrines. Defendant objects on the grounds that the LEWIS 4818-3184-9927.1 JQ BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &S^ilHllP ONE AnORNEYSAT LAW 1 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 2 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 3 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 4 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 5 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 6 grounds that it violates third-party privacy rights. 7 Subject to and without waiving the foregoing objections. Defendant responds as follows: 8 Defendant will comply with this request in whole. Defendant will produce all responsive 9 documents in its possession custody or control. Defendant directs Plaintiff to bates range 10 AERI000026-AERI000078 for relevant information. Discovery is continuing and ongoing, and 11 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right 12 to supplement its response at a later time. 13 REOUEST FOR PRODUCTION NO. 14; 14 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 15 the COVERED PERIOD RELATFNG to YOUR employees' use of a personal cell phone for work 16 purposes. 17 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 14; 18 Defendant objects to this request to the extent it seeks documents in violation of the 19 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 20 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 21 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 22 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 23 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 24 the request seeks documents equally available to Plaintiff Defendant objects to the request on the 25 grounds that it violates third-party privacy rights. 26 Subject to and without waiving the foregoing objections. Defendant responds as follows: 27 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply 28 with the request because Defendant does not have responsive documents in its possession, LEWIS 4818-3184-9927.1 J| BRISBOIS BISGAARD DEFENDANT AERJ'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET &SNi11HLU> ONE AnORNEVS AI LAW 1 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its 2 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a 3 later time. 4 REOUEST FOR PRODUCTION NO. 15; 5 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 6 the COVERED PERIOD RELATING to YOUR use of an ALTERNATIVE WORK WEEK. 7 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 15; 8 Defendant objects to this request to the extent it seeks documents in violation ofthe 9 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 10 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 11 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 12 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 13 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 14 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 15 grounds that it violates third-party privacy rights. 16 Subject to and without waiving the foregoing objections. Defendant responds as follows: 17 Defendant has perfonned a diligent search and made a reasonable inquiry, and is unable to comply 18 with the request because Defendant does not have responsive documents in its possession, 19 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its 20 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a 21 later time. 22 REOUEST FOR PRODUCTION NO. 16: 23 Any and all of PLAINTIFFS' work schedules that YOU created for PLAINTIFFS to work 24 during the RELATIONSHIP. 25 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 16; 26 Defendant objects on the grounds that the request is overbroad as to time and scope. 27 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably 28 calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that LEWIS 4818-3184-9927.1 J2 BRISBOIS BISGAARD DEFENDANT AERI'S AMENDED RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET AnORNEYSATLAW ONE 1 the request is vague and ambiguous. Defendant objects on the grounds that the request is 2 burdensome and oppressive. Defendant objects on the grounds that the request seeks documents 3 equally available to Plaintiff Defendant objects to the request on the grounds that it violates third- 4 party privacy rights. 5 Subject to and without waiving the foregoing objections, Defendant responds as follows: 6 Defendant has performed a diligent search and made a reasonable inquiry, and is unable to comply 7 with the request because Defendant does not have responsive documents in its possession, 8 custody, or control. Discovery is continuing and ongoing, and Defendant has not completed its 9 investigation into Plaintiffs claims. Defendant reserves the right to supplement its response at a 10 later time. 11 REOUEST FOR PRODUCTION NO. 17; 12 All WRITINGS and ELECTRONIC WRITINGS reflecting the hours that PLAINTIFF 13 worked for YOU during the RELATIONSHIP. 14 AMENDED RESPONSE TO REOUEST FOR PRODUCTION NO. 17; 15 Defendant objects to this request to the extent it seeks documents in violation of the 16 attomey client privilege and work product doctrines. Defendant objects on the grounds that the 17 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 18 is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 19 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on 20 the grounds that the request is burdensome and oppressive. Defendant objects on the grounds that 21 the request seeks documents equally available to Plaintiff. Defendant objects to the request on the 22 grounds that it violates third-party privacy rights. 23 Subject to and without waiving the foregoing objections, Defendant responds as follows: 24 Defendant will comply with this request in whole. Defendant will produce all responsive 25 documents in its possession custody or control. Defendant directs Plaintiff to bates range 26 AERI000024-AERI000025 for relevant information. Discovery is continuing and ongoing, and 27 Defendant has not completed its investigation into Plaintiffs claims. Defendant reserves the right 28 to supplement its response at a later time. LEWIS 4818-3184-99