Party Discovery: Jay Robinson vs. Asomeo Environmental Restoration Industry, L...

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                PATRICIA A. SAVAGE (SBN 236235)
 1   SAVAGE & LAMB, P.C.
     1550 Humboldt Road, Suite 4
 2   Chico, CA 95928                                                           FILED/ENDORSED
     Telephone:    (530) 809-1851
 3
     Facsimile:    (530) 592-3865
 4
     Email: psavesq@gmail.com                                                        OCT - 8 2020

 5
     Attomey for Plaintiffs,                                               I    ^     Chapo, Deputy Clerk
 6   JAY ROBINSON and
     HUGO PINEDA, individually and on
 7   Behalf of all others similarly situated
 8
                                    SUPERIOR COURT OF CALIFORNIA
 9
                                          COUNTY OF SACRAMENTO
10
     JAY ROBINSON and
11
     HUGO PINEDA, individually and on behalf of                Case No. 34-2019-00262942
12   all other similarly situated.
                                                               SEPARATE STATEMENT OF ITEMS IN
13
                                                               DISPUTE IN SUPPORT OF PLAINTIFFS'
                      Plaintiffs,                              MOTION TO COMPEL FURTHER
14
                                                               RESPONSES TO PLAINTIFFS' REQUEST
             V.
15                                                             FOR ADMISSIONS    .
16   ASOMEO ENVIRONMENTAL
     RESTORATION INDUSTRY, LLC, a                              Hearing Date: 11/5/2020
17
     California Corporation and PHILLIPS &                     Time: 9:00 a.m.
18   JORDAN, INC., a North Carolina Corporation,               Dept.: 54
     and DOES 1-10.                                            Reservation Number: 2533802
19
                      Defendants
20
                                                               Action Filed: 08/16/2019
21

22

23           Plaintiff hereby submits its Separate Statement of Items in Dispute pursuant to California

24   Rule of Court Rule 3.1345 in support of its Motion to Compel Further Response to Request for

25   Admissions.

26   //

27   //

28   //


                                                           1

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   REOUEST FOR ADMISSION NO. 1:
 2           ADMIT that PLAINTIFF was YOUR employee during the RELATIONSHIP
 3   (Relationship refers to the employment duration between YOU and Plaintiff or Covered members,
 4   depending on which specifically the request is asking about.)
 5   RESPONSE TO REOUEST FOR ADMISSION NO. 1:
 6           Defendant objects on the grounds that the request is overbroad as to time and scope.
 7   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 8   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 9   the request is vague and ambiguous. Defendant objects on the grounds that the request is
10   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
11   equally available to Plaintiff
12           Based on the foregoing objections. Defendant will not respond to this request.
13   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
14   the request.
15   REASON FOR COMPELLING A FURTHER RESPONSE TO NO. 1:
16           Defendant's objections are without merit.
17           Plaintiffs propounded request for admissions included a definition of "RELATIONSHIP"
18   as the duration of employment between Plaintiff and Defendant. Additionally, "COVERED
19   PERIOD" was defmed as the four-year period prior to Plaintiffs filing the complaint on August
20   16, 2019 to the present date. The time and scope of the request is clearly defined.
21           In the absence of a contrary court order, a civil litigant's right to discovery is broad. See,
22   Williams v. Superior Court. (2017) 3 Cal.5'*' 531, 541. For discovery purposes, information is
23   relevant " i f the information might reasonably assist a party in evaluating the case, preparing for
24   trial, or facilitating settlement. See, Jessen v. Hartford Casualty Ins. Co.. (2003) 111 Cal. App. 4'*^
25   698. The information that this request seeks to identify is directly and materially relevant to the
26   matters alleged in Plaintiffs complaint, and seeks to identify the employer of Plaintiff and other
27   class members. The burden of justifying any objection and failure to respond remains at all times
28


                                                           2


     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   with the party resisting an interrogatory. See, Coy v. Superior Court. (1962) 58 Cal.2d 210, 220.
 2   Defendant has made no showing that the interrogatory is not relevant, or is not likely to lead to the
 3   discovery of admissible evidence.
 4           It is not grounds for objection that the request is ambiguous, unless it is so ambiguous that
 5   the responding party cannot in good faith frame and intelligent reply. See, Cembrook v. Superior
 6   Court. (1961) 56 Cal .2d 423. Here, the request is asking Defendant to admit that Plaintiff was an
 7   employee of Defendant. Defendant fails to provide any details of why they find the request vague
 8   or ambiguous. A reasonable person could easily understand the request and be able to form an
 9   intelligent reply.
10           Objections which claim an interrogatory is overbroad, burdensome and oppressive require
11   that Defendant can show either an intent to create an unreasonable burden or incommensurate
12   result. Absent such a showing, the information should be produced. See, West Pico Fumiture
13   Company of Los Angeles v. Superior Court. (1961) 56 Cal .2d 407, 417-418. Defendant has made
14   no such showing.
15           Defendant objects on the grounds that the information sought is equally available to
16   Plaintiff, which is without merit. Additionally, Defendant has failed to seek a protective order if
17   Defendant truly believes the discovery sought is obtainable from some other source that is more
18   convenient, less burdensome, or less expensive. See, Cod Civ. Proc. § 2019.030(a)(1).
19   REOUEST FOR ADMISSION NO. 2:
20           ADMIT that PHILLIPS & JORDAN, INC. provided control over the working conditions
21   of PLAINTIFF during the RELATIONSHIP.
22   RESPONSE TO REOUEST FOR ADMISSION NO. 2:
23            Defendant objects on the grounds that the request is overbroad as to time and scope.
24   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
25   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
2 6 the request is vague and ambiguous. Defendant objects on the grounds that the request is
27

28


                                                          3


     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 2   equally available to Plaintiff
 3           Based on the foregoing objections. Defendant will not respond to this request.
 4   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 5   the request.
 6   REASON FOR COMPELLING A FURTHER RESPONSE TO NO. 2;
 7            See above.                       '
 8   REOUEST FOR ADMISSION NO. 3:
 9           ADMIT that YOU and PHILLIPS & JORDAN, INC. were the joint employers of PlaintifFs
10   and the putative class members.
11   RESPONSE TO REOUEST FOR ADMISSION NO. 3;
12           Defendant objects on the grounds that the request is overbroad as to time and scope.
13   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
14   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
15   the request is vague and ambiguous. Defendant objects on the grounds that the request is
16   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
17   equally available to Plaintiff
18           Based on the foregoing objections. Defendant will not respond to this request.
19   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
20   the request.
21   REASON FOR COMPELLING A FURTHER RESPONSE TO NO. 3;
22           See above.
23   REOUEST FOR ADMISSION NO. 4;
24            ADMIT that YOU employed over 100 COVERED MEMBERS during the COVERED
25 PERIOD.
26   RESPONSE TO REOUEST FOR ADMISSION NO. 4;
27

28


                                                            4


     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1            Defendant objects on the grounds that the request is overbroad as to time and scope.
 2   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 3   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 4   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 5   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 6   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
 7   party privacy rights.
 8           Based on the foregoing objections. Defendant will not respond to this request.
 9   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
10   the request.
11   REASON FOR COMPELLING A FURTHER RESPONSE TO NQ. 4;
12           In addition to above:
13           Defendant has failed to identify what privacy rights are being referred to nor moved for a
14   protective order, which is Defendant's obligation prior to the time that responses are provided, if
15   Defendant believed that a party, for good cause, required protection or should only be answered
16   pursuant to specified terms and conditions. See, Code Civ. Proc. § 2030.090.
17   REOUEST FOR ADMISSION NO. 5:
18           ADMIT that YOU did not have any written policy regarding per diem pay during the
19   COVERED PERIOD.
20   RESPONSE TO REOUEST FOR ADMISSION NO. 5:
21           Defendant objects on the grounds that the request is overbroad as to time and scope.
22   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
23   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
24   the request is vague and ambiguous. Defendant objects on the grounds that the request is
25   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
26   equally available to Plaintiff.
27

28


                                                            5


     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1            Based on the foregoing objections. Defendant will not respond to this request.
 2   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 3   the request.
 4   REASON FOR COMPELLING A FURTHER RESPONSE TO NO. 5:
 5            See above.
 6   REQUEST FOR ADMISSION NO. 6;
 7           ADMIT that YOU did not have any written policy regarding minimum wages during the
 8   COVERED PERIOD.
 9   RESPONSE TO REOUEST FOR ADMISSION NO. 6:
10           Defendant objects on the grounds that the request is overbroad as to time and scope.
11   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
12   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
13   the request is vague and ambiguous. Defendant objects on the grounds that the request is
14   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
15   equally available to Plaintiff.
16           Based on the foregoing objections. Defendant will not respond to this request.
17   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
18   the request.
19   REASON FOR COMPELLING A FURTHER RESPONSE TO NO. 6:
20           See above.
21   REOUEST FOR ADMISSION NO. 7:
22           ADMIT that YOU did not have any written policy regarding meal periods during the
23   COVERED PERIOD.
24   RESPONSE TO REOUEST FOR ADMISSION NO. 7:
25           Defendant objects on the grounds that the request is overbroad as to time and scope.
2 6 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
27   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
28


                                                            6

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
  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 information
  3   equally available to Plaintiff.
  4           Based on the foregoing objections. Defendant will not respond to this request.
  5   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
  6   the request.
 7    REASON FOR COMPELLING A FURTHER RESPONSE TO NO. 7;                                      ,
  8           See above.
  9   REOUEST FOR ADMISSION NO. 8:
10            ADMIT that YOU did not have any written policy regarding rest periods during the
11    COVERED PERIOD.
12    RESPONSE TO REOUEST FOR ADMISSION NO. 8;
13            Defendant objects on the grounds that the request is,overbroad as to time and scope.
14    Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
15    calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
16    the request is vague and ambiguous. Defendant objects on the grounds that the request is
17    burdensome and oppressive. Defendant objects on the grounds that the request seeks information
18    equally available to Plaintiff.
19            Based on the foregoing objections. Defendant will not respond to this request.
'20   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
21    the request.                                                      ^
22    REASON FOR COMPELLING A FURTHER RESPONSE TO NO. 8;
23            See above.
24    REOUEST FOR ADMISSION NO. 9;
25            ADMIT that YOU did not have any written policy regarding providing accurate wage
26    statements to YOUR employees during the COVERED PERIOD.
27    RESPONSE TO REOUEST FOR ADMISSION NO. 9:
28


                                                            7


      Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1           Defendant objects on the grounds that the request is overbroad as to time and scope.
 2   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 3   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 4   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 5   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 6   equally available to Plaintiff
 7           Based on the foregoing objections. Defendant will not respond to this request.
 8   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 9   the request.
10   REASON FOR COMPELLING A FURTHER RESPONSE TO NO. 9:
11           See above.
12   REOUEST FOR ADMISSION NO. 10:
13           ADMIT that YOU did not have any written policy regarding YOUR employees using their
14   personal cell phones for work purposes during the COVERED PERIOD.
15   RESPONSE TO REQUEST FOR ADMISSION NO. 10:
16           Defendant objects on the grounds that the request is overbroad as to time and scope.
17   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
18   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
19   the request is vague and ambiguous. Defendant objects on the grounds that the request is
20   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
21   equally available to Plaintiff
22           Based on the foregoing objections, Defendant will not respond to this request.
23   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
24   the request.
25   REASON FOR COMPELLING A FURTHER RESPONSE TO NQ. 10:
26            See above.
27   REOUEST FOR ADMISSION NO. 11:
28


                                                           8


     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1           ADMIT that YOU did not have any written policy regarding keeping track of YOUR
 2   employees' hours worked during the COVERED PERIOD.
 3   RESPONSE TO REOUEST FOR ADMISSION NO. 11:
 4           Defendant objects on the grounds that the request is overbroad as to time and scope.
 5   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 6   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 7   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 8   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 9   equally available to Plaintiff.
10           Based on the foregoing objections. Defendant will not respond to this request.
11   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
12   the request.
13   REASON FQR COMPELLING A FURTHER RESPONSE TO NO. 11:
14           See above.
15   REQUEST FQR ADMISSION NQ. 12:
16           ADMIT that YOU did not keep accurate records of hours that PLAINTIFF worked for
17   YOU during the RELATIONSHIP.
18   RESPONSE TQ REQUEST FQR ADMISSION NQ. 12:
19           Defendant objects on the grounds that the request is overbroad as to time and scope.
20   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
21   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
22   the request is vague and ambiguous. Defendant objects on the grounds that the request is
23   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
24   equally available to Plaintiff
25           Based on the foregoing objections, Defendant will not respond to this request.
26   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
27   the request.
28


                                                           9

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   REASON FOR COMPELLING A FURTHER RESPONSE TQ NQ. 12:
 2           See above.
 3   REQUEST FOR ADMISSION NO. 13:
 4           ADMIT that YOU did not keep accurate records for YOUR COVERED EMPLOYEES'
 5   time entries for during the RELATIONSHIP.
 6   RESPONSE TO REQUEST FOR ADMISSION NO. 13:
 7           Defendant objects on the grounds that the request is overbroad as to time and scope.
 8   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 9   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
10   the request is vague and ambiguous. Defendant objects on the grounds that the request is
11   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
12   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
13   party privacy rights.
14           Based on the foregoing objections. Defendant will not respond to this request.
15   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
16   the request.
17   REASON FOR COMPELLING A FURTHER RESPONSE TQ NQ. 13:
18           See above.
19   REQUEST FOR ADMISSION NQ. 14:
20           ADMIT that YOU did not pay PLAINTIFF all overtime wages owed to PLAINTIFF
21   during the RELATIONSHIP.
22   RESPONSE TO REOUEST FOR ADMISSION NO. 14:
23           Defendant objects on the grounds that the request is overbroad as to time and scope.
24   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
25   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
2 6 the request is vague and ambiguous. Defendant objects on the grounds that the request is
27   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
28


                                                            10

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
 2   party privacy rights.
 3           Based on the foregoing objections. Defendant will not respond to this request.
 4   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 5   the request.
 6   REASON FQR COMPELLING A FURTHER RESPONSE TO NO. 14:
 7           See above.
 8   REOUEST FQR ADMISSION NQ. 15:
 9           ADMIT that YOU did not pay YOUR COVERED EMPLOYEES all overtime wages
10   owed to PLAINTIFF during the RELATIONSHIP.
11   RESPONSE TQ REOUEST FQR ADMISSION NQ. 15:
12           Defendant objects on the grounds that the request is overbroad as to time and scope.
13   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
14   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
15   the request is vague and ambiguous. Defendant objects on the grounds that the request is
16   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
17   equally available to Plaintiff Defendant objects to this request on the grounds that it invades third
18   party privacy rights.
19           Based on the foregoing objections. Defendant will not respond to this request.
20   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
21   the request.
22   REASON FQR COMPELLING A FURTHER RESPONSE TO NO. 15:
23           See above.
24   REQUEST FQR ADMISSION NO. 16:
25           ADMIT that at least once during the RELATIONSHIP, PLAINTIFF worked over eight (8)
26   hours in a day for YOU.
27   RESPONSE TQ REQUEST FOR ADMISSION NQ. 16:
28


                                                           11

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1           Defendant objects on the grounds that the request is overbroad as to time and scope.
 2   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 3   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 4   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 5   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 6   equally available to Plaintiff.
 7           Based on the foregoing objections. Defendant will not respond to this request.
 8   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 9   the request.
10   REASON FQR COMPELLING A FURTHER RESPONSE TO NQ. 16:
11           See above.
12   REQUEST FQR ADMISSION NQ. 17:
13           ADMIT that YOUR COVERED EMPLOYEES worked over eight (8) hours in a day for
14 YOU.
15   RESPONSE TQ REOUEST FQR ADMISSION NQ. 17:
16           Defendant objects on the grounds that the request is overbroad as to time and scope.
17   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
18   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
19   the request is vague and ambiguous. Defendant objects on the grounds that the request is
20   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
21   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
22   party privacy rights.
23           Based on the foregoing objections. Defendant will not respond to this request.
24   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
25   the request.
26   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 17:
27           See above.
28


                                                           12

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   REQUEST FQR ADMISSION NQ. 18:
 2           ADMIT that YOU did not make meal periods available to PLAINTIFF during the
 3   RELATIONSHIP.
 4   RESPONSE TQ REOUEST FQR ADMISSION NQ. 18:
 5           Defendant objects on the grounds that the request is overbroad as to time and scope.
 6   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 7   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 8   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 9   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
10   equally available to Plaintiff
11           Based on the foregoing objections. Defendant will not respond to this request.
12   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
13   the request.
14   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 18:
                                                                                                     r

15           See above.
16   REQUEST FQR ADMISSION NO. 19:
17           ADMIT that YOU did not make meal periods available to YOUR COVERED
18   EMPLOYEES during the RELATIONSHIP.
19   RESPONSE TQ REOUEST FQR ADMISSION NQ. 19:
20           Defendant objects on the grounds that the request is overbroad as totimeand scope.
21   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
22   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
23   the request is vague and ambiguous. Defendant objects on the grounds that the request is
24   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
25   equally available to Plaintiff Defendant objects to this request on the grounds that it invades third
26   party privacy rights.
27

28

                                                           13

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1           Based on the foregoing objections. Defendant will not respond to this request.
 2   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 3   the request.
 4   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 19:
 5           See above.
 6   REQUEST FOR ADMISSION NO. 20:
 7           ADMIT that YOU did not make rest periods available to YOUR COVERED employees
 8   during the RELATIONSHIP.
 9   RESPONSE TQ REQUEST FQR ADMISSION NQ. 20:
10           Defendant objects on the grounds that the request is overbroad as to time and scope.
11   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
12   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
13   the request is vague and ambiguous. Defendant objects on the grounds that the request is
14   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
15   equally available to Plaintiff Defendant objects to this request on the grounds that it invades third
16   party privacy rights.
17           Based on the foregoing objections. Defendant will not respond to this request.
18   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
19   the request.
20   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 20:
21           See above.
22   REQUEST FQR ADMISSION NO. 21:
23           ADMIT that YOU did not make rest periods available to PLAINTIFF during YOUR
24   RELATIONSHIP.
25   RESPONSE TQ REQUEST FQR ADMISSION NQ. 21:
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


                                                           14

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 2   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 3   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 4   equally available to Plaintiff
 5           Based on the foregoing objections. Defendant will not respond to this request.
 6   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 7   the request.
 8   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 20:
 9           See above.
10   REQUEST FQR ADMISSION NQ. 22;
11           ADMIT that YOUR COVERED employees were unable to take their meal periods during
12   YOUR RELATIONSHIP.
13   RESPONSE TQ REQUEST FQR ADMISSION NQ. 22:
14           Defendant objects on the grounds that the request is overbroad as to time and scope.
15   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
16   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
17   the request is vague and ambiguous. Defendant objects on the grounds that the request is
18   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
19   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
20   party privacy rights.
21           Based on the foregoing objections. Defendant will not respond to this request.
22   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
23   the request.
24   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 22:
25           See above.
26   REQUEST FQR ADMISSION NQ. 23:
27

28


                                                           15

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1           ADMIT YOU did not provide YOUR EMPLOYEES legally compliant wage statement
2    during the COVERED PERIOD.
3    RESPONSE TQ REOUEST FQR ADMISSION NQ. 23:
 4           Defendant objects on the grounds that the request is overbroad as to time and scope.
5    Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 6   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
7    the request is vague and ambiguous. Defendant objects on the grounds that the request is
 8   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 9   equally available to Plaintiff Defendant objects to this request on the grounds that it invades third
10   party privacy rights.
11           Based on the foregoing objections, Defendant will not respond to this request.
12   Notwithstanding, Defendant invites Plaintiffs counsel to meet ahd confer to narrow the scope of
13   the request.
14   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 23:
15           See above.
16   REQUEST FQR ADMISSION NQ. 24:
17           ADMIT that YOU did not reimburse PLAINTIFF for the use of his personal cell phone
18   that he used for work purposes during the RELATIONSHIP.
19   RESPONSE TQ REQUEST FQR ADMISSION NQ. 24:
20           Defendant objects on the grounds that the request is overbroad as to time and scope.
21   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
22   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
23   the request is vague and ambiguous. Defendant objects on the grounds that the request is
24   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
25   equally available to Plaintiff
26

27

28


                                                           16

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1           Based on the foregoing objections. Defendant will not respond to this request.
 2   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 3   the request.
 4   REASON FOR COMPELLING A FURTHER RESPONSE TQ NQ. 24:
 5           See above.
 6   REQUEST FOR ADMISSION NO. 25;
 7           ADMIT that YOU did not keep accurate records of hours that COVERED MEMBERS
 8   worked for YOU during the COVERED PERIOD.
 9   RESPONSE TQ REQUEST FQR ADMISSION NQ. 25:
10           Defendant objects on the grounds that the request is overbroad as to time and scope.
11   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
12   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
13   the request is vague and ambiguous. Defendant objects on the grounds that the request is
14   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
15   equally available to Plaintiff Defendant objects to this request on the grounds that it invades third
16   party privacy rights.
17           Based on the foregoing objections. Defendant will not respond to this request.
18   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
19   the request.
20   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 25:
21           See above.
22   REQUEST FQR ADMISSION NQ. 26:
23           ADMIT that YOU did not pay COVERED MEMBERS all overtime wages owed to them
24   during the COVERED PERIOD.
25   RESPONSE TQ REOUEST FQR ADMISSION NO. 26:
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


                                                           17

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 2   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 3   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 4   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
 5   party privacy rights.
 6           Based on the foregoing objections. Defendant will not respond to this request.
 7   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 8   the request.
 9   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 26:
10           See above.
11   REQUEST FQR ADMISSION NQ. 27:
12           ADMIT that YOU did not pay COVERED MEMBERS all wages owed to them during the
13   COVERED PERIOD
14   RESPONSE TQ REQUEST FQR ADMISSION NQ. 27:
15           Defendant objects on the grounds that the request is overbroad as to time and scope.
16   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
17   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
18   the request is vague and ambiguous. Defendant objects on the grounds that the request is
19   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
20   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
21   party privacy rights.
22           Based on the foregoing objections. Defendant will not respond to this request.
23   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
24   the request.
25   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 27:
26            See above.
27   REQUEST FQR ADMISSION NO. 28:
28


                                                            18

     Separate Statement of Items of Dispute in Support of Modon to Compel Further Response to Plaintiffs Interrogatories
 1           ADMIT that YOU did not pay PLAINTIFF ontimeduring the RELATIONSHIP.
 2   RESPONSE TQ REQUEST FQR ADMISSION NQ. 28:
 3           Defendant objects on the grounds that the request is overbroad as totimeand scope.
 4   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 5   calculated to" lead to the discovery of admissible evidence. Defendant objects on the grounds that
 6   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 7   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 8   equally available to Plaintiff
 9           Based on the foregoing objections. Defendant will not respond to this request.
10   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
11   the request.
12   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 28:
13           See above.
14   REQUEST FQR ADMISSION NQ. 29:
15           ADMIT that YOU did not pay YOUR COVERED MEMBERS ontimeduring the
16   COVERED PERIOD.
17   RESPONSE TQ REQUEST FQR ADMISSION NQ. 29:
18           Defendant objects on the grounds that the request is overbroad as to time and scope.
19   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
20   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
21   the request is vague and ambiguous. Defendant objects on the grounds that the request is
22   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
23   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
24   party privacy rights.
25           Based on the foregoing objections. Defendant will not respond to this request.
26   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
27   the request.
28


                                                           19

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 29:
 2           See above.
 3   REQUEST FQR ADMISSION NQ. 30:
 4           ADMIT that YOU promised to pay per diem pay to PLAINTIFF during the relationship.
 5   RESPONSE TQ REQUEST FQR ADMISSION NQ. 30:
 6           Defendant objects on the grounds that the request is overbroad as totimeand scope.
 7   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
 8   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 9   the request is vague and ambiguous. Defendant objects on the grounds that the request is
10   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
11   equally available to Plaintiff
12           Based on the foregoing objections. Defendant will not respond to this request.
13   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
14   the request.
15   REASON FOR COMPELLING A FURTHER RESPONSE TQ NQ. 30:
16           See above.
17   REQUEST FQR ADMISSION NQ. 31:
18           ADMIT that YOU failed to pay per diem pay to PLAINTIFF during the relationship.
19   RESPONSE TQ REQUEST FQR ADMISSION NQ. 31:
20           Defendant objects on the grounds that the request is overbroad as to time and scope.
21   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
22   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
23   the request is vague and ambiguous. Defendant objects on the grounds that the request is
24   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
25   equally available to Plaintiff
26

27

28


                                                            20

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1           Based on the foregoing objections. Defendant will not respond to this request.
 2   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
 3   the request.
 4   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 31:
 5           See above.
 6   REQUEST FOR ADMISSION NQ. 32:
 7           ADMIT that YOU promised to pay per diem pay to YOUR COVERED MEMBERS
 8   during the COVERED PERIOD.
 9   RESPONSE TQ REOUEST FQR ADMISSION NQ. 32:
10           Defendant objects on the grounds that the request is overbroad as to time and scope.
11   Defendant objects to this request on the grounds that it is irrelevant and is not reasonably
12   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
13   the request is vague and ambiguous. Defendant objects on the grounds that the request is
14   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
15   equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third
16   party privacy rights.
17           Based on the foregoing objections, Defendant will not respond to this request.
18   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
19   the request.
20   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 32:
21           See above.
22   REQUEST FQR ADMISSION NQ. 33:
23           ADMIT that YOU failed to pay per diem pay to YOUR COVERED MEMBERS during
24   the COVERED PERIOD.
25   RESPONSE TQ REQUEST FQR ADMISSION NQ. 33:
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


                                                           21

     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories
 1   calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that
 2   the request is vague and ambiguous. Defendant objects on the grounds that the request is
 3   burdensome and oppressive. Defendant objects on the grounds that the request seeks information
 4   equally available to Plaintiff Defendant objects to this request on the grounds that it invades third
 5   party privacy rights.
 6           Based on the foregoing objections. Defendant will not respond to this request.
 7   Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the.scope of
 8   the request.
 9   REASON FQR COMPELLING A FURTHER RESPONSE TQ NQ. 33:
10           See above.
11

12
     Date: October 7, 2020
13
                                                        Patricia A. Savage
14                                                      Attorney for Plaintiffs

15

16

17

18

19

20

21

22

23

24

25

26

27

28


                                                           22


     Separate Statement of Items of Dispute in Support of Motion to Compel Further Response to Plaintiffs Interrogatories