Motion to Compel in Jay Robinson vs. Asomeo Environmental Restoration Industry, LLC, a California Corporation| Trellis.Law

On August 16, 2019 a Party Discovery was filed involving a dispute between Filed By: Robinson, Jay, On Behalf Of All Others Similarly Situated, Pineda, Hugo, Robinson, Jay, and Asomeo Environmental Restoration Industry, Llc, A California Corporation, Does 1-10, Phillips & Jordan Environmental Services, Llc, A North Carolina Corporation, Phillips & Jordan Inc, Phillips & Jordan Inc., for (Other Employment Complaint Case) in the District Court of Sacramento County.

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PATRICIA A. SAVAGE (SBN 236235)
1 SAVAGE & LAMB, P.C.
1550 Humboldt Road, Suite 4
2 Chico, CA 95928
3
Telephone: (530) 809-1851 FILED/ENDORSED
Facsimile: (530) 592-3865
4
Email: psavesq@gmail.com
OCT - 8 2020
5
Attorney for Plaintiffs,
6 JAY ROBINSON and By 0 . Chapo, Deputy Cierk
HUGO PINEDA, individually and on
7 behalf of all others similariy 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 others similariy situated.
DECLARATION OF PATRICIA A.
13 SAVAGE IN SUPPORT OF PLAINTIFF'S
Plaintiffs, MOTION TO COMPEL A FURTHER
14 RESPONSE TO REQUEST FOR
ADMISSIONS
15

16 ASOMEO ENVIRONMENTAL
RESTORATION INDUSTRY, LLC, a Hearing Date: 11/5/2020
17
Califomia Corporation and PHILLIPS & Time: 9:00 a.m.
JORDAN, INC., a North Carolina Corporation, Dept.: 54
18
and DOES I-IO, Reservation Number: 2533802
19
Action Filed: 08/16/2019
20 Defendants.
21

23 I , Patricia Savage, declares as follows:

24 1. I am an attomey duly licensed to practice before all Courts in the State of
25 Califomia^I am the attomey of record for Plaintiff Jay Robinson with regards to the above-
26 captioned matter. I have personal knowledge ofthe facts recited herein, and i f called as
27 witness can competently testify thereto.
28

Declaration of Patricia Savage in Support of Motion to Compel Further Responses to Plaintiffs Request for
Admissions
1 2. On or about April 2, 2020, my office served onto Defendant Asomeo
2 Environmental Restoration Industry's coimsel Plaintiffs Request for Admissions, Set One.
3 A tme and correct copy ofthe Plaintiffs Request for Admissions, Set One have been
4 attached hereto as Exhibit A.
5 3. On or about April 21, 2020, Defendant's counsel requested a four-week
6 extension, or until June 4, 2020, to provide discovery responses, which I agreed to. A true
7 and correct copy ofthe communication is attached hereto as Exhibit B.
8 4. On or about June 1, 2020, Defendant's counsel requested an additional four-
9 week extension to provide responses, and I agreed to grant a two-week extension. A tme
10 and correct copy ofthe coimnunication is attached hereto as Exhibit C.
11 5. On or about June 18, 2020, Defendant served discovery responses to
12 Plaintiffs propoimded request for admissions. A tme and correct copy of Defendant's
13 response to Plaintiffs Request for Admissions, Set One, have been attached hereto as
14 Exhibit D.
15 6. On or about June 22, 2020,1 met and conferred by electronic correspondence
16 with Defendant's counsel regarding the responses provided. Namely that the responses
17 contained only boilerplate objections that were copy and pasted and that the responses
18 contained absolutely no substantive responses. I offered Defendant's counsel an additional
19 two weeks to provide substantive responses. Defendant's coimsel decided to take the
20 offered two-week extension, until July 6, 2020, to provide substantive responses. A tme
21 and correct copy ofthe correspondence is attached hereto as Exhibit E.
22 7. On or about July 6, 2020, Defendant's counsel requested an additional
23 extension, until July 10, 2020, to provide discovery responses, which I agreed to. A tme
24 and correct copy ofthe correspondence is attached hereto as Exhibit F.
25 8. On or about July 13, 2020,1 again met and conferred via electronic
2 6 coimnunication with Defendant's counsel regarding Defendant's failure to provide
27 responses to Plaintiffs propounded discovery. Counsel for Defendant stated they were
28

Declaration of Patricia Savage in Support of Motion to Compel Further Responses to Plaintiffs Request for
Admissions
1 only waiting on signed verifications forms from their client, and that responses would be
2 served soon. A tme and correct copy ofthe communication is attached hereto as Exhibit G.
3 9. On August 7, 2020, Defendant's counsel sent an email stating that due to the
4 impact Hurricane Isaias had had on their client, they were experiencing a delay on being
5 able to work on responses to the propounded discovery, weeks after stating that the only
6 hold up was waiting for signed verifications from their client. A tme and correct copy of
7 the coimnunication is attached hereto as Exhibit H
10. Defendant has failed to provide supplemental responses and Plaintiff has
9 been forced to seek court intervention
10 11. My hourly rate is $325.00 an hour. I have been practicing for over 15 years.
11 My hourly rate is customary within the community. To date I have spent approximately
12 three hours in the preparation of the motion to compel, the separate statements of items in
13 dispute, and supporting declaration. I anticipate spending and additional three hours
14 reviewing Defendant's opposition and another three hours in preparation for this hearing
15 Additionally, we have incurred a $60.00 filing fee for the motion to compel. I respectfiilly
16 request the Court impose monetary sanctions in the amount of $2,985.00
17
18 I declare under penalty of perjury under the laws of the state of Califomia that the
19 foregoing is tme and correct.
20
21 Date: October 7, 2020
22 Patricia Savage
23

Declaration of Patricia Savage in Support of Motion to Compel Further Responses to Plaintiffs Request for
Admissions
EXHIBITA
PATRICIA A. SAVAGE, SBN 236235
SAVAGE & LAMB, PC
1550 Humboldt Road, Suite 4
Chico, CA 95928
Telephone: (530) 592-3861
Fax: (530) 592-3865

Attorneys for Plaintiff
JAY ROBINSON and HUGO PINEDA,
individually and on behalf of all
others similarly situated

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTV OF SACRAMENTO
11

12 Case No. 34-2019-00262942
JAY ROBINSON and
13 HUGO PINEDA, individually and on behalf
of all others similai ly situated, PLAINTIFFS' SUPPLEMENTAL
14
REQUESTS FOR ADMISSION, SET
15 Plaintiffs, ONE
16
V.
17
ASOMEO ENVIRONMENTAL
18
RESTORATION INDUSTRY, LLC, a
19 Califomia Coiporation and
PHILLIPS & JORDAN
20 ENVIRONMENTAL SERVICES LLC, a
21
Delaware Corporation and
DOES 1-10,
22

23
Defendants.

25 PROPOUNDING PARTV: JAY ROBINSON

26 RESPONDING PARTY: ASOMEO ENVIRONMENTAL
27
RESTORATION INDUSTRY, L L C

28 SET NUMBER: ONE

PLAINTIFFS' SUPPLEMENTAL REQUESTS FOR ADMISSION, SET ONE
1 Plaintiff requests Defendant within thirty (30) days of service of this request to
2 respond to the following inten ogatories for the puiposes of this action only and subject to
3 all pertinent objections to admissibility which may be inteiposed at the trial.
4

5 DEFINITIONS
6 A. "DOCUMENTS" as used herein shall mean all tangible things
7 including, without limitation, E-M AILS, tape recordings or other fonns of recordings,
8 conespondence, records, memoranda, notes, letters, messages, (including, but not limited
9 to, reports of telephone conversations and conferences), studies, analyses, books,
10 magazines, newspapers, booklets, circulars, bulletins, interactions, minutes, or other
11 written communications (including, but not limited to, inter- and intia-office
12 communications), questionnaires, surveys, contiacts, orders, records or summaries of
13 negotiations, records, notes or summaries of personal interviews or conversations, diaries,
14 schedules, printouts, statistical statements, forecasts, discs, data cards, films, data
15 processing files, and other computer readable records or programs, catalogues, brochures,
16 all other written or printed matter of any kind, all other data compilations from which
17 information can be obtained and ti anslated, if necessary, all other tangible things, and all
18 things that come within the definition of "writing" contained in Rule 1001 of the Federal
19 Rules of Evidence (including, but not limited to , all forms of tangible expression,
20 including pictures and sound recordings). Eveiy draft or non-identical copy of a
21 DOCUMENT is a separate DOCUMENT and must be produced in response hereto. As
22 used herein, the tenn "E-MAILS" shall mean the exchange of text messages and computer
23 files over a communications network, such as a local area network, intranet, extranet, or
24 public network such as the Intemet or other online service provider.
25 B "ELECTRONIC RECORD " and "ELECTRONIC RECORDS " mean
26 electronically stored information including all computer, computerized and electronic
27 records of all computer or electronically generated, produced, maintained, operated or
28 stored databases, programs, data, records, fields, files, file lists, file menus, directories.

PLAINTIFFS' SUPPLEMENTAL REQUESTS FOR ADMISSION. SET ONE
1 scanned material, images, recordings, messages, transmissions, electionic mail, calendars,
2 diaries, notes, conespondence, memoranda, spreadsheets, fonns, operating instructions,
3 manuals, notices, invoices, agreements, disti ibution lists and acknowledgements of receipt
4 All ELECTRONIC RECORDS should be produced in their native format or in a
5 readable and usable electionic or computerized fonnat as otherwise agreed to by the
6 parties.
7 C. "YOU" or "YOUR" and "YOUR FACILITY" means Defendant ASOMEO
8 ENVIRONMENTAL RESTORATION INDUSTRY, LLC (AERI) and their managers,
9 investigators or attomeys.
10 D. "PLAINTIFF" individually means JAY ROBINSON.
11 E. "COVERED MEMBERS" means all employees employed by YOU during
12 the COVERED PERIOD.
13 F. "EVIDENCE, REFER TO OR RELATE TO" means regarding, pertaining to,
14 concerning, refeiring to, mentioning, discussing, supporting, evidencing, constituting,
15 contradicting, or refuting, in whole or in part, directly or indirectly, the subject matter of
16 the request.
17 G. "REGARDING" means pertaining to, relating to, about, lefening to, and
18 contained in.
19 H. "COVERED PERIOD" means the peiiod of time which includes four years
20 prior to the filing of the Plaintiffs initial Complaint from August 16, 2019 to present date.
21 I. "COMPLAINT" means a statement of any kind whether oral or in writing
22 which is made in response to an unsatisfactory or unacceptable situation.
23 INSTRUCTIONS
24 A. "And" as well as "or" shall be construed disjunctively pr conjunctively so as
25 to bring within the scope of each inten ogatory that othei-wise might be consti ued to be
26 outside of its scope.
27 B. "Any" as well as "all" shall each be understood to mean "any and all," so as
28 to bring within the scope of each request that otherwise might be consti ued to be outside of

PLAINTIFFS' SUPPLEMENTAL REQUESTS FOR ADMISSION, SET ONE
1 its scope.
2 C. Each categoiy of DOCUMENTS or other tangible things demanded herein
3 shall be constiued independently and shall not be limited by reference to any other such
4 categoiy.
5 D. The past tense shall be construed as the present tense or the future tense, the
6 present tenses as the past or the future tense, and the future tense as the present or past
7 tense, so as to bring within the scope of each demand for all DOCUMENTS or other
8 tangible things that might otherwise be construed to be outside its scope.
9 E. The singular tense shall be construed as the pluial and the plural as the
10 singular so as to bring within the scope of each demand for all DOCUMENTS or other
11 tangible things that otherwise might be consti ued to be outside its scope.
12 F. If a demand calls for the production ofany writing as to which Responding
13 Paily claims a privilege or work product as a ground for withholding such writing, set forth
14 with respect to each such writing facts of sufficient specificity to pennit the Court to make
15 a full detennination as to whether the claim of privilege or work product is valid, including
16 each and eveiy fact or basis upon which said privilege or work product is claimed. In
17 particular, and without limiting the generality of the foregoing, set forth with respect to
18 each such writing:
19 (1) the author ofthe writing;
20 (2) the addressee, if any, and those PERSONS, if any, specified in the
21 writing to receive a copy thereof, as well as all known recipients of the writing;
22 (3) the title of the writing, if any;
23 (4) the type of the writing, (e.g. minutes, letter, memorandum, chart,
24 report, handwritten notes);
25 (5) the cun ent location of the writing;
26 (6) the identification of each and eveiy person who participated in any
27 way in the preparation of that writing;
28 (7) the date on which the writing was prepared;

PLAINTIFFS' SUPPLEMENTAL REQUESTS FOR ADMISSION. SET ONE
1 (8) the date on which the writing was sent or received by a Responding
2 Paity, as the case may be;
3 (9) the name, title, home and business address, and home and business
4 telephone number of the current custodian of the writing;
5 (10) the identity of all PERSONS to whom the substance of the documents
6 was transmitted, or who saw such documents, and under what circumstances; and
7 (11) each and every fact or basis upon which such privilege or work
8 product is claimed.
9 G. If a demand calls for the production of a writing which has been desfi oyed,
10 placed beyond Responding Patty's possession, custody, or control, or otherwise disposed
11 of, set forth with respect to each such writing:
12 (1) the author of the writing;
13 (2) the addressee, if any, and those PERSONS, if any, specified in the
14 writing to receive a copy thereof, as well as all known recipients of the writing;
15 (3) the title of the writing, if any;
16 (4) the type of the writing (e.g., minutes, letter, memorandum, chart,
17 report, handwritten notes);
18 (5) the date on which the writing was prepared;
19 (6) the date on which the writing was sent or received by a Responding
20 Party, as the case may be;
21 (7) the identity of all PERSONS to whom the substance of the writing
22 was transmitted, or who saw such writing, and under what circumstances;
23 (8) the present or last known locations of the writing, if not destroyed;
24 and
25 (9) the name, title, home and business address, and home and business
26 telephone number of the cunent or last known custodian ofthe writing;
27 H. Each demand requires the production of DOCUMENTS and other materials
28 in the same fonn and in the same order in which they existed prior to production.

PLAINTIFFS' SUPPLEMENTAL REQUESTS FOR ADMISSION. SET ONE
1 DOCUMENTS are to be produced in the boxes, filed folders, bindings, or other containers
2 in which the documents are found or the infoiTnation is stored. The title, labels or other
3 descriptions of the boxes, file folders, binders or other containers are to be left intact.
4 REOUESTS FOR ADMISSION
5

6 REOUEST NO. 1;
7 ADMIT that PLAINTIFF was YOUR employee during the RELATIONSHIP
8 (Relationship refers to the employment duration between YOU and Plaintiff or Covered
9 membeis, depending on which specifically the request is asking about.)
10 REOUEST NO. 2:
11 ADMIT that PHILLIPS & JORDAN, INC. provided control over the working
12 conditions of PLAINTIFF during the RELATIONSHIP
13 REOUEST NO. 3:
14 ADMIT that YOU and PHILLIPS & JORDAN, INC. were the joint employers of
15 Plaintiffs and the putative class membeis.
16 REOUEST NO. 4:
17 ADMIT that YOU employed over 100 COVERED MEMBERS during the
18 COVERED PERIOD.
19 REOUEST NO. 5;
20 ADMIT that YOU did not have any written policy regarding per diem pay during
21 the COVERED PERIOD.
22 REOUEST NO. 6:
23 ADMIT that YOU did not have any written policy regarding minimum wages
24 during the COVERED PERIOD.
25 REOUEST NQ. 7:
26 ADMIT that YOU did not have any written policy regarding meal periods during
27 ' the COVERED PERIOD.
28

PLAINTIFFS' SUPPLEMENTAL REQUESTS FOR ADMISSION, SET ONE
1 REOUEST NO. 8:
2 ADMIT that YOU did not have any written policy regarding rest periods during the
3 COVERED PERIOD.
4 REOUEST NO. 9:
5 ADMIT that YOU did not have any written policy regarding providing accurate
6 wage statements to YOUR employees during the COVERED PERIOD.
7 REOUEST NO. 10:
8 ADMIT that YOU did not have any written policy regarding YOUR employees
9 using their personal cell phones for work puiposes during the COVERED PERIOD.
10 REOUEST NO. 11;
11 ADMIT that YOU did not have any written policy regarding keeping track of
12 YOUR employees' hours worked during the COVERED PERIOD.
13 REOUEST NO. 12:
14 ADMIT that YOU did not keep accurate records of hours that PLAINTIFF worked
15 for YOU during the RELATIONSHIP.
16 REOUEST NO. 13;
17 ADMIT that YOU did not keep accurate records for YOUR COVERED
18 EMPLOYEES' time entries for during the RELATIONSHIP.
19 REOUEST NO. 14:
20 ADMIT that YOU did not pay PLAINTIFF all oveitime wages owed to
21 PLAINTIFF during the RELATIONSHIP.
22 REOUEST NO. 15;
23 ADMIT that YOU did not pay YOUR COVERED EMPLOYEES all overtime
2 4 wages owed to PLAINTIFF during the RELATIONSHIP.
25 REOUEST NO. 16:
26 ADMIT that at least once during the RELATIONSHIP, PLAINTIFF worked over
27 eight (8) hours in a day for YOU.
28

PLAINTIFFS' SUPPLEMENTAL REQUESTS FOR ADMISSION, SET ONE
1 REOUEST NO. 17:
2 ADMIT that YOUR COVERED EMPLOYEES worked over eight (8) hours in a
3 day for YOU.
4 REOUEST NO. 18:
5 ADMIT that YOU did not make meal periods available to PLAINTIFF during the
6 RELATIONSHIP.
7 REOUEST NO. 19:
8 ADMIT that YOU did not make meal periods available to YOUR COVERED
9 EMPLOYEES during the RELATIONSHIP.
10 REOUEST NO. 20;
11 ADMIT that YOU did not make rest periods available to YOUR COVERED
12 employees during the RELATIONSHIP.
13 REOUEST NO. 21:
14 ADMIT that YOU did not make rest periods available to PLAINTIFF during
15 YOUR RELATIONSHIP.
16 REOUEST NO. 22:
17 ADMIT that YOUR COVERED employees were unable to take their meal periods
18 during YOUR RELATIONSHIP.
19 REOUEST NO. 23:
20 ADMIT YOU did not provide YOUR EMPLOYEES legally compliant wage
21 statements during the COVERED PERIOD.
22 REOUEST NO. 24:
23 ADMIT that YOU did not reimburse PLAINTIFF for the use of his personal cell
24 phone that he used for work puiposes during the RELATIONSHIP.
25 REOUEST NO. 25:
26 ADMIT that YOU did not keep accurate records of hours that COVERED
27 MEMBERS worked for YOU during the COVERED PERIOD.
28

PLAINTIFFS' SUPPLEMENTAL REQUESTS FOR ADMISSION, SET ONE
1 REOUEST NO. 26;
2 ADMIT that YOU did not pay COVERED MEMBERS all overtinie wages owed lo
3 them during fhe COVERED PERIOD.
4 REQUEST NO. 27:
5 ADMIT that YOU did not pay COVERJiD MEMBERS all wages owed to them
6 during thc COVERED PERIOD.
7 REOUESI NO. 28:
8 ADMIT that YOU did not pay PLAIN TIFF on time during the RELA'I'lONSHIP.
9 REOUEST NQ. 29:
10 ADMIT that YOU did not pay YOUR COVERED MEMBERS on time during the
11 COVERED PERIOD.
12 REOUEST NO. 30:
13 ADMIT that YOU promised to pay pcr diem pay to PLAIN TIl'F during the
14 relationship.
15 REQUEST NQ. 31:

16 ADMIT that YOU failed to pay per diem pay to PL.AINTIFF during the
17 relationship.
18 REQUEST NQ. 32:
19 ADMIT thai YOU promised to pay per diem pay to YOUR COVERED
20 MEMBERS during the COVERED PERIOD.
21 REQU ES I NO. 33;
22 ADMIT that YOU failed to pay per diem pay to YOUR COVERED MEMBERS
23 during the COVERED PERIOD.
24 Dated: April 2, 2020 ^ ^.-RiSSpec^Ily-Subinittcd,
25

26
SaVflge & LamlV PC
27 PatriciaX?"Savage
28
Attorneys for Plaintiffs and Class
Members

PLAINTIFI'S' SUPPI-EMENTAL RFiQUESTS FOR ADMISSION, SET ONE
Proof of Service
1, Angela Hooper, am a citizen of the United States and employed in the County of Butte. 1 am
over the age of eighteen years and not a party to the within action. My business address is 1550
Humboldt Road, Suite 4, Chico, CA 95928. I am readily familiar with the practice of collection
and processing of correspondence/documents for mailing with the United States Postal Service
and that said correspondence/documents are deposited with the
United Stated Postal Service in the ordinary course ofbusiness on the same day.

On April 2, 2020,1 served the within:
PLAINTIFF'S SUPPLEMENTAL SPECIAL INTERROGATORIES TO DEFENDANT
AERI SET ONE
PLAINTIFF'S SUPPLEMENTAL REQUEST FOR PRODUCTION TO DEFENDANT
AERI SET ONE
PLAINTIFF'S SUPPLEMENTAL REQUEST FOR ADMISSION TO DEFENDANT
AERI SET ONE
FORM INTERROGATORIES EMPLOYMENT LAW SET ONE TO DEFENDANT
AERI
FORM INTERROGATORIES GENERAL SET ONE TO DEFENDANT AERI
DECLARATION FOR ADDITIONAL DISCOVER R E SUPPLEMENTAL SPECIAL
INTERROGATORIES SET ONE TO DEFENDANT AERI

On the parties below by placing a tme copy thereof in a sealed envelope and served same on the
parties/counsel, addressed as follows:

Shane Singh Darwin A. Hindman, III
Lewis Brisbois Baker, Donelson, Bearman, Caldwell &
2020 West El Camino Avenue Berkowitz, PC
Suite 700 211 Commerce St.
Sacramento, CA 95833 Nashville, TN 37201

Victoria Tall man
Sheppard Mullin
Four Embarcadero Center, 17"' Floor
San Francisco, CA 94111

The following is a proceduie in which sei vice of this document was effected:

XXXX U.S. Postal Service (by placing for collection and deposit in the United
States mail a copy of said document at Chico, CA).

I declare under penalty of perjury that the foregoing is tme and corp^d under the laws of the State
of California and that this declaration was executed on April 2, 2020, at Chico, California.

AngelaTlooper
EXHIBIT B
From: Patricia Savage [mailto:t. .ie^. ^.jflmaLLcgm]
Sent: Wednesday, May 6, 2020 6:52 AM
To: Kessler, Nolan
Cc: Singh, Shane; Theofanis, George; French, Anne; Angela Hooper; Hindman, Skip; erlamblaw(a)gmail.com
Subject: [EXTERNAL] Re: Robinson v. AERI - Extension of AERI's Deadline to Respond to Plaintiffs Supplemental
Discovery Requests

E33emal;irnai!

Yes, but please note that these are not supplemental - no discovery responses have been provided.

Sent from my iPhone

On Apr 21, 2020, at 4:35 PM, Kessler, Nolan wrote:

Patricia,

I hope you are staying safe during these uncertain times. Currently, we are in the process of working
through Plaintiff's supplemental discovery requests. That said, we are facing several limitations and
challenges that will make responding by our May 7, 2020, deadline difficult. Our firm recently had a
system outage, and we have been trying to get back on track since our system's functionality has
returned. Also, as you can imagine, there are operational and communication challenges for us and
our client due to the coronavirus pandemic and the resulting stay at home orders. Consequently,
given the extent and scope of Plaintiff's discovery requests, it will take us some time to obtain the
necessary documents and information and finalize our responses.

For these reasons, we would like to ask for a four week extension of our deadline to respond to
Plaintiff's supplemental discovery requests. This extension would make our new deadline June 4,
2020. Please let us know if you are agreeable to this extension.

Thank you for your understanding and patience.

Best,
Nolan

Nolan Kessler
jof ^ Nolan.Kessler(5)lewisbriSbois.com
a3bl-a4b5cdfed8fa.png> ^
T: 916.646.8287 F: 916.564.5444

2020 West El Camino Avenue, Suite 700, Sacramento, CA 95833 | LewisBrisbois.com

Representing cfients from coast to coast. View our locations nationwide.

This e-mail rnay contain cr attach priviieged. confidential or protected inforrrsation intendeci only fer the use ofthe interioed "ecipie,"'. ifyou
are not the intended recipient, a.ny review or use of it is strictly prohibited. If you have received tfiis e-rnail \n error, you a-'e reqiii'ea to notif;,''
the sender, then deietethis eniaii and any aftachment from yciur computer and any of yoiir elecironio dev-ces -v'^erft fir-j I'lf-ss -ige is s'.ac-.d
From: Patricia Savage rmailto:pSc..oi..,.-./qmaii.com1
Sent: Monday, June 1, 2020 9:52 AM
To: Kessler, Nolan
Cc: Singh, Shane; Theofanis, George; French, Anne; Angela Hooper; Hindman, Skip; e.rlamblavi^@gmail.com
Subject: Re: [EXTERNAL] Re: Robinson v. AERI - Extension of AERI's Deadline to Respond to Plaintiffs Supplemental
Discovery Requests

Nolan:

We can only agree to provide an additional 2 weeks.

Thanks.

Sent from my iPhone

On Jun 1, 2020, at 9:27 AM, Kessler, Nolan wrote:

Patricia,

We are continuing to work with our client contact to gather the information and documents to fully
respond to Plaintiff's discovery requests. Would you be agreeable to a four week extension of
Defendanfs deadline to respond to Plaintiffs discovery requests? This extension would make
Defendant's new deadline July 2, 2020.

Please iet us know if you are agreeable to this extension, Thank you.

Best,

Nolan
LEWIS BRISBOIS BISGAARD & SMITH LLP
SHANE SINGH, SB# 202733
2 E-Mail: Shane.Singh@lewisbrisbois.com
GEORGE .1. THEOFANIS, SB# 324037
3 E-Mail: George.Theofanis@lewisbrisbois.com
NOLAN KESSLER, SB# 327178
i
E-Mail :Nolan.Kessler@lewisbrisbois.com
2020 West El Camino Avenue, Suite 700
5 Sacramento, California 95833
Telephone: 916.564.5400
6 Facsimile: 916.564.5444
7 Attorneys for Defendant, ASOMEO
ENVIRONMENTAL RESTORATION
8 INDUSTRY, LLC

10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 COUNTY OF SACRAMENTO

13 .lAY 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 RESPONSES TO
PLAINTIFF JAY ROBINSON'S
16 vs. SUPPLEMENTAL REQUESTS FOR
ADMISSION, SET ONE
17 ASOMEO ENVIRONMENTAL
RESTORATION INDUSTRY, LLC, a
18 Califomia Corporation and PHILLIPS &
.lORDAN ENVIRONMENTAL SERVICES
19 LLC, a Delaware Corporation and DOES 1-10, Action Filed: August 16, 2019

20 Defendants.

22 PROPOUNDING PARTY: PLAINTIFF .lAY ROBINSON
23 RESPONDING PARTY: DEFENDANT ASOMEO ENVIRONMENTAL
24 RESTORATION INDUSTRY, LLC
25 SET NO.: SUPPLEMENTAL SET ONE
26 NUMBERS: 1-33
27 Defendant ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC (hereafter
28 eferred to as "Defendant") responds lo Plaintiff JAY ROBINSON's Supplemental Requesl for
LBA/IS 4824-1446-0345.1 1
ERSBOIS
BISGAARD DEI^ENDAN r ASOMEO EN VliiONMENTAL RES I ORATION INDUS TRY, LLC'S RESPONSES TO PLAINTIFF
&s\/imiip JAY ROBINSON'S SUPPLEMEN I AL REQUESTS FOR ADMISSION, SET ONE
Admissions, Set One, as follows:

2 GENERAL STATEMENT

3 Discovery in this action is continuing, and Defendant has not yet had a reasonable

4 opportunity to complete its investigation. The following responses and objections state

5 Defendant's knowledge, information and belief as ofthe date ofsuch responses and defendant
6 expressly reserves its right to rely upon and/or introduce into evidence at trial such additional
7 informaiion or tacts as it may discover hereafter.
8 GENERAL OBJECTIONS
9 The following general objections are incorporated into each response below as if set forth
10 therein in full.
11 1. Defendant objects to these requests to the extent that they seek information which
12 contains or relates to confidential communications between attorney and client on the ground of
13 attorney-client privilege. Such information will not be provided. To the extent these requests are
14 so vague and ambiguous that they can be interpreted to call for privileged or protected
15 information, defendant interprets these requests so as not to call for any privileged or protected
16 information. In the event any privileged information is inadvertently provided, that shall not be
17 construed as a waiver of the applicable privilege(s).
18 2. Defendant objects to these requests to the extent they seek information which
19 contains or relates to research, investigation, or analysis under the supervision and direction of its
20 attorneys or in anticipation of or preparation for trial of this action, on the ground lhat such
21 nformation is protected by the work product doctrine.

22 3. Defendant objects to these requests to the extent that they seek information which

23 is neither relevant nor likely to lead to the discovery of admissible evidence.

24 4. Defendant objects to these requests to the extent they are premature, unduly

25 3urdensome, oppressive and harassing at this stage ofthe litigation. Discovery may supply

26 additional facts which may lead to substantial additions to, changes in, and variations from the

27 responses set forth herein.

28 5. Defendant does not concede the relevance or materiality ofany information
LBAAS 4824-1446-0.M.5.I 2
ERSBOIS
BSGAARD DEFENDANT ASOMEO EN VIRONMEN TAL RES TORADON INDUSTRY, LLC'S RESPONSES I O PLAIN TIFF
&SVIfHUP JAY ROBINSON'S SUPPLEMEN TAI. REQUESTS FOR ADMISSION, SE T ONE
requested or provided or ofthe subject matter to which such information refers. Defendant's

2 answers are provided subject to and without waiving any objections as lo the competence,

3 relevance, materiality or admissibility as evidence or for any other purpose, ofany of the

4 information referred to in these responses, or ofthe subject matter covered by these responses, in

5 any subsequent proceeding, including the trial of this action or ofany other action.

6 REOUEST FOR ADMISSION NO. 1;

7 ADMIT that PLAINTIFF was YOUR employee during the RELATIONSHIP

8 (Relationship refers to the employment duration between YOU and Plaintiffor Covered members,

9 depending on which specifically the request is asking about.)

10 RESPONSE TO REOUEST FOR ADMISSION NQ. 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 request seeks information
16 equally available to Plaintiff

17 Based on the foregoing objections. Defendant will not respond to this request.

18 Notwithstanding, Defendant invites Plaintiff's counsel to meet and confer to narrow the scope of

19 the request.

20 REOUEST FOR ADMISSION NO. 2:

21 ADMIT that PHILLIPS & JORDAN, INC. provided control over the woiking conditions

22 of PLAIN TIFF during the RELATIONSHIP.

23 RESPONSE TO REOUEST FOR ADMISSION NO. 2:
24 Defendant objects on the grounds that the request is overbroad as to time and scope.

25 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably

26 calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds lhat

27 the request is vague and ambiguous. Defendant objects on the grounds that the request is

28 burdensome and oppressive. Defendant objects on the grounds that the request seeks information
LBA/IS 4824-144r)-0.'!4.'>.l 3
BRISBOIS
BSQAAHD 15EFENDANi^«^
&svinHiip
AIIDWIIYSATIJVW
.lAY ROBINSON'S SUPPLEMEN I AL REQUESTS FOR Ai:)MISS10N, SE T ONE
equally available to Plaintiff.

2 Based on the foregoing objections. Defendant will not respond to this request.

3 Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of

4 the request.

5 REOUEST FOR ADMISSION NO. 3:
6 ADMIT that YOU and PHILLIPS & JORDAN, INC. were the joint employers of Plaintiffs

7 and the putative class members.

8 RESPONSE TO REOUEST FOR ADMISSION NO. 3:

9 Defendant objects on the grounds that the request is overbroad as to time and scope.

10 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably

11 calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that

12 the request is vague and ambiguous. Defendant objects on the grounds that the request is

13 burdensome and oppressive. Defendant objects on the grounds that the request seeks information

14 equally available to Plaintiff.

15 Based on the foregoing objections. Defendant will not respond to this request.

16 Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of

17 the request.

18 REOUEST FOR ADMISSION NO. 4:

19 ADMIT that YOU employed over 100 COVERED MEMBERS during the COVERED

20 PERIOD.

21 RESPONSE TO REQUEST FOR ADMISSION NO. 4:

22 Defendant objects on the grounds lhat the request is overbroad as to time and scope.

23 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably

24 calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that

25 the request is vague and ambiguous. Defendant objects on the grounds that the request is

26 burdensome and oppressive. Defendant objects on the grounds that thc request seeks information

27 equally available to Plaintiff. Defendant objects to this request on the grounds that it invades third

28 Darty privacy rights.
IBNiS 4824-l44f)-()345.1 A
ERSBOIS
aSGAAFC DEFENDANT ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC'S RESPONSES 10 PLAIN TIFF
JAY ROBINSON'S SUPPLEMENTAL REQUESTS FOR ADMISSION, SET ONE
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 REQUEST FOR ADMISSION NO. 5:
5 ADMIT that YOU did not have any written policy regarding per diem pay during the
6 COVERED PERIOD.
7 RESPONSE TO REOUEST FOR ADMISSION NO. 5:

8 Defendant objects on the grounds that the request is overbroad as lo time and scope.

9 Defendant objects to this request on the grounds that it is irrelevant and is not reasonably

10 calculated to lead to the discovery of admissible evidence. Defendant objects on the grounds that

11 the request is vague and ambiguous. Defendant objects on the grounds that the request is

12 burdensome and oppressive. Defendant objects on the grounds that the request seeks information

13 equally available to Plaintiff.

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 REOUEST FOR ADMISSION NO. 6:

18 ADMIT that YOU did not have any written policy regarding minimum wages during the
19 COVERED PERIOD.

20 RESPONSE TO REOUEST FOR ADMISSION NO. 6: ^

21 Defendant objects on the grounds lhat 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 Based on.the foregoing objections. Defendant will not respond to this request.

28 Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer to narrow the scope of
LJBA/IS 4824-l44f,-()34.S.I 5
BRSBOIS
BSGAARD DEFENDANT ASOMEO EN VIRONMENTAL RESTORATION INDUSTRY, LLC'S RESPONSES TO PLAINTIFF
&SMnHllP JAY ROBINSON'S SUPPLEMENTAL REQUESTS FOR ADMISSION, SE T ONE
1 the request.

2 REQUEST FOR ADMISSION NO. 7:

3 ADMIT that YOU did not have any written policy regarding meal periods during the

4 COVERED PERIOD.

5 RESPONSE TQ REOUEST FOR ADMISSION NO. 7:
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 REQUEST FOR ADMISSION NO. 8:

16 ADMIT that YOU did not have any written policy regarding rest periods during the

17 COVERED PERIOD.

18 RESPONSE TO REOUEST FOR ADMISSION NO. 8:

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 lhal

22 the request is Vctgue and ambiguous. Defendant objects on the grounds that the request is

23 jurdensome 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 ///
LB/VIS 4824-1446-0.34.').1 f.
BRSBOIS
BSGAARD DEFENDAN T ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC'S RESPONSES TO PLAIN TIFF
&S\/inHUP JAY ROBINSON'S SUPPt.EMEN TAL REQUESTS FOR ADMISSION, SE T ONE
AlR)l*Jil>SATLAW
REQUEST FOR ADMISSION NQ. 9:

2 ADMIT that YOU did not have any written policy regarding providing accurate wage

^ 3 statements to YOUR employees during the COVERED PERIOD.
4 RESPONSE TO REQUEST FOR ADMISSION NO. 9;
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 REOUEST FOR ADMISSION NO. 10:
15 ADMIT that YOU did not have any written policy regarding YOUR employees using their

16 personal cell phones for work purposes during the COVERED PERIOD.
17 RESPONSE TO REOUEST FOR ADMISSION NO. 10;
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 PlaintifT.
24 Based on the foregoing objections. Defendant will not respond to this request.

25 Notwithstanding, Defendant invites Plaintiffs counsel to meet and confer lo nairow the scope of
26 the request.
27 REOUEST FOR ADMISSION NO. 11:
28 ADMIT that YOU did not have any written policy regarding keeping track of YOUR
LBA/IS 4824-1446-0.345.1 y
ERSBOIS
BSGAARD DEFENDANT ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC'S RESPONSES TO PLAINTIFF
&avirHLip JAY ROBINS

Case Info

Judge

Gerrit W. Wood Track Judge’s New Case

Case No.

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Document Filed Date

October 08, 2020

Case Filing Date

August 16, 2019

County

Parties

Asomeo Environmental Restoration Industry, LLC, a California Corporation Defendant
Does 1-10 Defendant
Filed By: Robinson, Jay Plaintiff
Morgan P Forsey Attorney for the Defendant
On behalf of all others similarly situated Plaintiff
Patricia A Savage Attorney for the Plaintiff
Phillips & Jordan Environmental Services, LLC, a North Carolina Corporation Defendant
Phillips & Jordan Inc Defendant
Phillips & Jordan Inc. Defendant
Pineda, Hugo Plaintiff
Robinson, Jay Plaintiff
Shane Singh Attorney for the Defendant
Eric Lamb Attorneys for Plaintiffs
George Theofanis Attorneys for Defendants
Nolan Kessler Attorneys for Defendants
Grace Mehta Attorney
Amanda Beckwith Attorney
Victoria Tallman Attorneys for Defendants
Keith Ryan Attorneys for Plaintiffs

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

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