Motion for Case Management in John Boudreau vs. Primeritus Financial Services Inc| Trellis.Law

On December 27, 2018 a Party Statement was filed involving a dispute between Boudreau, John, On Behalf Of All Others Similarly Situated, and Does 1-10, Mcginness, Chris, Primeritus Financial Services Inc, for (Other Employment Complaint Case) in the District Court of Sacramento County.

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Alejandro P. Gutierrez, SBN 107688
agutierrez@hathawaylawfirm.com
2 HATHAWAY, PERRETT, WEBSTER, POWERS,
CHRISMAN & GUTIERREZ, APC
3 5450 Telegraph Road, Suite 200
Ventura, CA 93006-3577
4 Telephone: (805) 644-7111
Facsimile: (805) 644-8296
5
Daniel J. Palay, SBN 159348
6 dipfajcalemploymentcounsel.com
Brian D. Hefelfinger, SBN 253054
7 bdh(a),calemploymentcounsel.com
PALAY HEFELFINGER, APC
Deputy Clerk
8 1746 S. Victoria Avenue, Suite 230
CP Ventura, Califomia 93001
9 Tel: (805) 628-8220
Fax: (805) 765-8600
era

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Attorneys for Plaintiff John Boudreau
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[ADDITIONAL ATTORNEYS APPEAR ON NEXT PAGE]
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13 SUPERIOR COURT OF CALIFORNIA

14 COUNTY OF SACRAMENTO

15 JOHN BOUDREAU, an individual, on CaseNo. 34-2018-00247272
behalf of himself and all others similarly
16 situated, Assigned to Department 41, Hon. David De Alba

17 Plaintiff, JOINT CASE MANAGEMENT
CONFERENCE STATEMENT
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Date: December 4, 2020
19 PRIMERITUS FINANCIAL SERVICES, Time: 10:30 am
INC., A Delaware corporation; CHRIS Dept.: 41 [Via Zoom-Including telephonic and
20 McGINNESS, an individual; and DOES 1 teleconferencing options]
through 10, inclusive.
21 The Department 41 Zoom link is:
https://saccourt.zoom.us/my/dept41a.
22 Defendants. The Zoom ID is: 349 373 7884.
The Zoom number is (888) 475-4499
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Complaint filed: December 27, 2018
24 FAC filed: April 12,2019
Trial Date: Not Set
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
KEITH A. JACOBY, Bar No. 150233
kiacobv(5),littler.com
2 BRADLEY E. SCHWAN, Bar No. 246457
bschwan@littler.com
3 NATHANIEL H. JENKINS, Bar No. 312067
nienkins@littler.com
4 LITTLER MENDELSON, PC.
500 Capitol Mall, Suite 2000
5 Sacramento, CA 95814
Telephone: 916.830.7200
6 Fax No.: 916.561.0828

7 Attomeys for Defendants Primeritus Financial Services, Inc.,
and Chris McGinness
8 "

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2.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 Plaintiff JOHN BOUDREAU ("Plaintiff) and Defendant PRIMERITUS FINANCIAL

2 SERVICES, INC. ("Defendant") (together, the "Parties") hereby submit the following Joint Case

3 Management Conference Statement for the Case Management Conference on December 4, 2020 at

4 10:30 a.m. in Department 41.

5 L STATUS OF THE CASE
6 Plaintiff filed this Class Action matter on December 27, 2018. Plaintiffs First

7 Amended Complaint (filed April 12, 2019) alleges seven causes of action: (1) Failure to Pay Minimum

8 Wage; (2) Failure to Timely Pay Wages (Waiting Time Penalities); (3) Failure to Provide Rest

9 Periods; (4) Failure to Provide Meal Periods; (5) Failure to Provide Accurate Wage Statements; (6)

10 Violation of the Unfair Competition Law; and (7) Civil Penalites under PAGA. Defendant seeks to

11 represent himself and other similarly situated employees of Defendant Primeritus.'

12 Defendant contends that Plaintiff was properly paid for all hours worked, and received

13 compliant meal and rest periods, in complaince with the Califomia Labor Code. Accordingly, Plaintiff

14 has not sustained any damages as a result of Defendant's conduct. Plaintiff seeks general and special

15 damages, as well as civil penalties pursuant to the Private Attorneys' General Act (PAGA). Defendant

16 denies liability for all alleged claims.

17 The Parties appeared for an initial Case Management Conference before Judge Tami

18 Bogert in Department 14 on October 25, 2019. During this Conference, the Court set a deadline of

19 February 28, 2020 for Plaintiff to file a Motion for Class Certification, and set a further Case

20 Management Conference for February 14, 2020. On January 15, 2020, this matter was reassigned to

21 Department 41.

22 On February 14, 2020, the parties attended a Case Management Conference before

23 Judge DeAlba in Department 41. The Parites and the court discussed the procedures outlined in the

24 Court's January 3P' Order regarding the Parties Stipulation to file cross-Motions for Summary

25 Adjudication (as discussed in more detail in Section III below). This Court set a further Case

26 Management Conference for July 17, 2020, anticipating that the Court would have issued an order on

28 ' On February 3, 2020, this Court granted Class Certification pursuant to the Parties' stipulation.
3.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 the cross-Motions for Summary Adjudication by that time and the Parties would discuss next steps.

2 However, as explained in Section III below, due to the COVID-19 pandemic, the Parties further

3 stipulated to continue the cross-Motion for Summary Adjudication briefing schedule and continue the

4 hearing date for same out to September 24, 2020. The hearing date on the cross-Motion for Summary

5 Adjudication was thereafter continued and held on November 5, 2020. The Court has not entered its

6 order on the cross-Motion for Summary Adjudication. Thus, the Parties propose that the Court set a

7 further Case Management Conference for shortly after it enters its order on the cross-Motion for

8 Summary Adjudication and set trial dates at that time.

9 II. STATUS OF DISCOVERY
10 The Parties have each propounded written discovery, including Requests for

11 Production, Requests for Admission, and Interrogatories. Defendant has taken Plaintiffs deposition

12 (on November 19, 2019), and Plaintiff has taken two depositions of Defendant's Persons Most

13 Knowledgeable (on August 28, 2019 and November 6, 2019). On November 6, 2020, Plaintiff served

14 additional discovery in the form of Requests for Production and Special Interrogatories.

•5 IH. THE PARTIES STIPULATED TO AND THE COURT ENTERED AN ORDER
REGARDING CLASS CERTIFICATION, DISMISSAL OF MCGINNESS WITHOUT
16 PREJUDICE, DISMISSAL OF PLAINTIFF'S MEAL BREAK CLAIM, AND TO
F I L E CROSS MOTIONS FOR SUMMARY ADJUDICATION
17

18 On or about January 10, 2020, the Parties entered into a stipulation as follows: (1)

19 Plaintiff would dismiss individual Defendant Chris McGinness without prejudice; (2)Plaintiff would

20 not pursue individual or class claims associated with meal periods in this lawsuit [The claims in this

21 case will be limited to the Plaintiffs allegations that Primeritus failed to pay for all non-productive

22 time, including rest periods in compliance with California law, failed to pay the minimum wage, and

23 failed to provide lawful wage statements in accordance with California Labor Code §226]; (3) that

24 certain classes would be certified; and (4) that both Parties would file cross-Motions for Summary

25 Adjudication (MSA).

26 As for the cross-MSAs: the parties believe that the legality as to how Defendant

27 Primeritus paid Plaintiff and the putative class is at issue. The parties have conducted substantial

28 discovery and believe that the underlying facts as to how each employee was paid are largely not in
4.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 dispute. The parties wish to have the legality of the manner in which class members were paid be

2 determined by a mofion for summary adjudication. However, the parties recognize that such a

3 determination might not dispose of the entire cause of action, as Plaintiff is claiming additional

4 violations including PAGA penalties and associated damages.

5 On or about January 31, 2020, this Court granted Parties' [Proposed] Order dismissing

6 McGinness and the Plaintiffs Fourth Cause of Action (meal period claim) and issued the following

7 scheduling order regarding the cross-MSAs: the Motions will be filed on April 15, 2020, with

8 oppositions due on May 15, 2020, and replies due June 5, 2020. The Motions will be filed in

9 Department 54, and a hearing was been scheduled for June 22, 2020 at 9:00 a.m. (See Docket No. 55).

10 On or about February 3, 2020, this Court granted Class Certification pursuant to the

11 Parties' Stipulation mentioned above. (See Docket No. 56). The following class was certified: "All

12 non-exempt current and former employees of Defendant Primeritus Financial Services, Inc. who were

13 employed by Primeritus in Califomia during the Class period [December 27, 2014 to August 10, 2019]

14 who held the position of Investigator (aka Skip Tracer)." Defendant provided the Contact Information

15 of the class members to the Parties' selected Claims Administrator, after which, Notice was mailed to

16 members of the Class.

17 On May 6, 2020, the Parties filed a Stipulation to continue the briefing and_hearing

18 schedule set forth in the Court's January 3F' Order regarding the cross-Motions for Summary

19 Adjudication. Given the ongoing COVID-19 pandemic, and the Court's closure from March 17-May

20 6, 2020, the Parties needed additional time to brief the cross-Motions. The Court granted the Parties'

21 [Proposed] Order on May 15, 2020. (See Docket Nos. 65 and 67).

22 On May 19, 2020, the Parties filed a second Stipulation to continue the briefing and

23 hearing schedule set forth in the Court's January 3P' Order regarding the cross-Motions for Summary

24 Adjudication. Again, given the ongoing COVID-19 pandemic, the Parties needed additional time to

25 brief the cross-Motions. On June 4, 2020, this Court granted the Parties' [Proposed] Order, setting the

26 following briefing schedule, which the Parties adhered to: the cross-Motions were filed on July 15,

27 2020, oppositions were filed on August 14, 2020, and replies were filed September 4, 2020. The

28 Motions were filed in Department 54, and a hearing was scheduled for September 24, 2020 at 9:00
5.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 a.m. (See Docket Nos. 66 and 68).On September 23, 2020, Department 54 issued a tentative ruling

2 continuing the hearing on the cross-Motions by one week - out to October 1, 2020. Thereafter, the

3 Department 54 continued the hearing on several more occasions, but ultimately held a hearing on

4 Thursday, November 5, 2020. After the hearing. Department 54 took the matter under submission, and

5 as of the date of this filing, has not issued a final order on the cross-Motions.

6 IV. ALTERNATIVE DISPUTE RESOLUTION
7 On December 13, 2019, the Parties participated in private mediation with mediator

8 David Phillips, Esq. The mediation was unsuccessful.

9 V. SUGGESTIONS FOR CASE MANANAGEMENT

10 A. Plaintiffs Position
11 Plaintiff sees the remaining issues relate to damages. Accordingly, Plaintiff anticipates

12 retaining experts relating to two topics, namely one expert to conduct a survey relating to the extent

13 of the class members' non-productive time worked during the class period, and to address the

14 Defendant's alleged claim that rest breaks were not taken by class members; and one expert to perform

15 damage calculations. Plaintiff suggests that at the Case Management Conference, the Court set trial

16 dates at that time at least 90 days out to allow the parties to complete discovery, including expert

17 discovery. Plaintiff anticipates a trial length of 2-3 days for a Court trial, 3-4 days if non-PAGA claims

18 are tried before a jury.

19 B. Defendant's Position
20 Defendant believes it is premature to discuss trial-related matters before Department

21 54 issues its final order regarding the cross-Motions for Summary Adjudication. Accordingly,

22 Defendant proposes that the Court set a further Case Management Conference for shortly after

23 Department 54 enters its order on the cross-Motions for Summary Adjudication and then set trial dates

24 at that time.

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6.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
11 Dated: November 19,2020 LITTLER KffiKDELSON. P.G.
2
3
Bv;
Keith A. laeoby, Esq.
Bradley E. Schwan, Esq.
Natbaniel H. Jenkins^ Esq.
€ Altoiiievs for Defendants
PRIMEKIl^'S FINANCL4L SERVICES,
7 INC., AND CHR IS MCGIN^^SS
S

9 Dated: November 19,2020 H.WHAW^Y, PERRETF, WEBSTER,
POWERS. C H R I S \ L ; K & GLTERREZ; APC
10
PALAY HEFELFINGER. APC
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Bv:
^^ Alejandro P. Gutienez, Esq.
Daniel J:'Palay, Eiq:
14 Brian D, Hefelfinger, Eiq.'
15 Attoraevs for Plaintiff
JOHN BOUDREAU
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2S,

JOINT CASE ^IA^'.^G^^^^rrco^I?EREscE suTHMtNi
PROOF OF SERVICE

2 I am a resident of the State of California, over the age of eighteen years, and not a

3 party to the within action. My business address is 500 Capitol Mall, Suite 2000, Sacramento,

4 California 95814. On November 19, 2020,1 served the within document(s):

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
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I I By Fax Transmission. Based on an agreement of the parties to accept service by
7 fax transmission, I faxed the documents to the persons at the fax numbers listed
8 below. No error was reported by the fax machine that I used. A copy of the record
of the fax transmission, which I printed out, is attached.
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I I By United States Mail. 1 enclosed the documents in a sealed envelope or
10 package addressed to the persons at the addresses below and (specify one):

II I I deposited the sealed envelope with the United States Postal Service, with the
postage fully prepaid.
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I I placed the envelope for collection and mailing, following our ordinary
13 business practices. I am readily familiar with this business's practice for
14 collecfing and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the
15 ordinary course of business with the United States Postal Service, in a sealed
envelope with postage fully prepaid.
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I am a resident or employed in the county where the mailing occurred. The
17 envelope or package was placed in the mail at.- Sacramento, California.
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I I By Overnight Delivery. 1 deposited a true copy of the same enclosed in a sealed
19 envelope, with delivery fees provided for, in an overnight delivery service pick up
box or office designated for overnight delivery, and addressed as set forth below.
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I I By Personal Delivery. 1 personally delivered the documents to the persons at the
21 addresses listed below. (I) For a party represented by an attorney, delivery was
made to the attorney or at the attorney's office by leaving the documents, in an
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envelope or package clearly labeled to identify the attorney being served, with a
23 receptionist or an individual in charge of the office, between the hours of nine in
the morning and five in the evening. (2) For a party, delivery was made to the party
24 or by leaving the documents at the party's residence with some person not younger
than 18 years of age between the hours of eight in the morning and six in the
25 evening.
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UnLER MENDELSON, PC. 4827-2761-0249.1 087308.1007
500 CapiU Mall
Suite 2000
Sacramento, CA 95814
916,8307200
PROOF OF SERVICE
I I By Messenger Service. I served the documents by placing them in an envelope or
package addressed to the persons at the addresses listed below and providing them
2 to a professional messenger service for service. (A declaration by the messenger
must accompany this Proof of Service or be contained in the Declaration oj
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Messenger below.)
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[3c| By Electronic Service. Based on a court order or an agreement of the parties to
5 accept electronic service, I caused the documents to be sent to the persons at the
electronic service addresses listed below.
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HATHAWAY, PERRETT, WEBSTER
7 POWERS, CHRISMAN & GUTIERREZ, APC
8 Alejandro P. Gutierrez, Esq.
5450 Telegraph Road, Suite 200
9 Ventura, CA 93003
Tele: 805.644.7111; Fax: 805.644.8296
10 agutierrez(a),hathawaylawfirm.com
ebyerly@hathawaylawfirm.com
II
12 Daniel J. Palay
Brian D. Hefelfinger
13 PALAY HEFELFINGER, APCS
1746 S. Victoria Avenue, Suite 230
14 Ventura, CA 93001
Tele: 805.628.8220; Fax: 805.765.8600
15 dip@calemplovmentcounsel.com
16 bdh@calemploymentcounsel.com

17 Attorneys for Plaintiff JOHN BOUDREA U,
individually, and on behalf of the Proposed Class
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1 declare under penalty of perjury under the laws of the State of California that the
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above is true and correct. Executed on November 19, 2020, at Sacramento, California.
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22 Sophia Masada
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LITTLER MENDELSON, P C 4827-2761-0249.1 087308.1007
500 Caplld Mall
Suite 2000
Saaamento, CA 95814
916.830.7200
PROOF OF SERVICE
RECEIVED
CiVlL DROP BOX

•020 NOV 19 PH 3:39
GDSSC COURTHOUSf:
SUPERIOR COURT
o r CALIFORNIA
S A C: R A M E N TO C OU N T V

Case Info

Judge

Kevin R. Culhane Track Judge’s New Case

Case No.

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Document Filed Date

November 19, 2020

Case Filing Date

December 27, 2018

County

Parties

Alejandro P Gutierrez Attorney for the Plaintiff
Boudreau, John Plaintiff
Brian D Hefelfinger Attorney for the Plaintiff
Daniel J Palay Attorney for the Plaintiff
Does 1-10 Defendant
Keith A Jacoby Attorney for the Defendant
McGinness, Chris Defendant
on behalf of all others similarly situated Plaintiff
Primeritus Financial Services Inc Defendant
Bradley Schwan Attorneys for Defendants
Nathaniel Jenkins Attorneys for Defendants
David Phillips Attorneys for Defendants
Alejandro Zaffaroni Attorneys for Plaintiffs

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Party Statement: John Boudreau vs. Primeritus Financial Services Inc

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