Preview
FILED/ENDORSED
1 GARY R. BASHAM (SBN 130119) JAN 2 5 2023
BASHAM LAW GROUP
2 gary@bashamlawgroup.com By: T. Crowther
8801 Folsom Blvd., Suite 280 Deputy Clerk
3 Sacramento, Califomia 95826
Telephone: (916)282-0841
4 Facsimile: (916)266-7478
5 Attomeys for Plaintiff ALEEZA KHAN, on behalf of
Herself, all similarly aggrieved current and former employees of Defendant,
6 The Proposed Class and the State of Califomia
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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ALEEZA KHAN, Case No. 34-2022-00319499CU-OE-GDS
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Plaintiff,
12 PLAINTIFF ALEEZA KHAN AND
v. DEFENDANT NEXTGEN
13 LABORATORIES, INC.'S JOINT CASE
NEXTGEN LABORATORIES, INC., a Califomia MANAGEMENT CONFERENCE
14 corporation, STATEMENT
15 Defendants. Complaint Filed: May 6,2022
Trial Date: None
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Plaintiff ALEEZA KHAN and Defendant NEXTGEN LABORATORIES, INC. by and through
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counsel of record, (hereafter "The Parties"), submit the following Case Management Conference
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Statement in advance of the Case Management Conference scheduled for February 9,2023, at
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1:30 p.m. in Department 25.
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SUMMARY OF THE CASE
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This case is brought by plaintiff Aleeza Khan on behalf of herself and all others
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similarly situated, and is a Class Action and PAGA Complaint seeking damages, restitution,
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injunctive relief, penalties, reasonable attorneys' fees and costs under Califomia Code of Civil
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Procedure Section 382 and Labor Code Sections 2698 et 5e^. There are seven counts in the
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Complaint and are as follows: (1) Failure to Reimburse for Business Expenses; (2) Failure to Pay
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Minimum Wages; (3) Failure to Pay Overtime Wages; (4) Failure to Fumish Accurate Itemized
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1 Wage Statements; (5) Failure to Timely Pay All Wages Due at Termintion - Waiting Time
2 Penalties; (6) Unfair Business Practics; and (7) Private Attomeys' General Act.
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4 MEET AND CONFER
5 Pursuant to the Court's Order, counsel for The Parties have met and conferred and
6 discussed the following:
7 a. Facts and Issues in Dispute
8 1. Whether Territory Managers and other sales positions labelled by
9 Defendant as exempt employees are misclassified.
10 2. Whether Defendant towes Plaintiff and Exempt Sales Class Members
11 minimum and overtime wages, as well as liquidated damages, due to the
12 misclassification.
13 3. Whether Defendant failed to provide Plaintiff and Exempt Sales Class
14 Members with accurate itemized wage statements in violation of Labor
15 Code §226.
16 4. Whether Defendant failed to pay Plaintiff and Exempt Sales Class
17 Members who are former employees of Defendant with all wages owing
18 and due at the end of their employment with Defendant in violation of
19 Labor Code §§201-203.
20 5. Whether Plaintiff, other Califomia Territory Managers and other Sales
21 employees, as well as the Sales Director and the Vice President of Sales,
22 were required by Defendant to work remotely and incur business expenses
23 as a result, but received no reimbursement, restitution or compensation for
24 these business expenses in violation of Labor Code section 2802.
25 6. Whether, as a result of the Covid-19 Pandemic, many other California
26 based employees of Defendant were required to work remotely and incur
27 business expenses, but received no reimbursement, restitution or
28 compensation for these business expenses in violation of Labor Code
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1 section 2802.
2 7. Whether Plaintiff is entitled to penalties, reasonable attomeys' fees and
3 costs, under PAGA, on behalf of Plaintiff, the State of Califomia and all
4 other individuals who are or have been employed by Defendzints in
5 Califomia during the relevant time period, who are described herein as
6 Exempt Sales Class Members and/or Labor Code section 2802 Class
7 Members, and who suffered any of the Labor Code violations described in
8 the Complaint during the relevant time period.
9 8. Whether the proposed claims of the Classes and Sub-Classes identified by
10 Plaintiff in her Complaint may be maintained as a class action under Code
11 of Civil Procedure §382.
12 9. Issues relating to damages and penalties for the Class and PAGA causes of
13 action.
14 b. Pleadings Served. Including:
15 i. Whether all parties named in complaint have been served, appeared or dismissed.
16 All parties have been served.
17 ii. Whather any additional parties may be added or pleadings amended.
18 None at this time.
19 iii. The deadline for filing any remaining pleadings and service on additional parties,
20 None.
21 c. The Impact of Anv Related Cases and/or Other Matters (e.g. bankmptcv proceedings").
22 and whether severance, consoliation or coordination with other actions is desirable.
23 Not applicable.
24 d. Early Settlement Possibilities.
25 i. Whether mediation is an option.
26 Yes.
27 ii. Proposed mediators and available dates for mediation;
The Parties are working on picking a mediator and selecting a mediation date.
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1 iii. Whether parties agree to informally exchange discovery at advance of mediation;
2 The Parties agree.
3 e. Discovery Issues.
4 i. The general subjects on which discovery is needed.
5 All facts aand issues in dispute as identified above.
6 ii. A proposed discovery schedule.
^ Should be considered after mediation.
8 iii. Whether discovery should be stayed until all parties are brought in the case;
9 Not applicable.
10 iv. Whether discovery should be conducted in phases or be limited to or focused on
11 particular issues.
No.
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v. Any issues related to preserving discoverable information and the need for
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preservation notices.
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^5 None at this time.
16 vi. Any issues about disclosure, discovery, or preservation of electronically stores
17 information, including the form or forms in which it should be produced and
18 possible allocation of costs, as well as whether it may be appropriate to adopt a
19 Protocol for discovery of Electronically Stored Information.
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None at this time.
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vii. Any issues related to privacy, confidentiality, and/or trade secrets, and whether to
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stipulate to a Protective Order to facilitate the exchange of information and
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documents that may be subject to these limitations.
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Protecting the privacy of Class and PAGA members while providing Plaintiff with
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sufficient information on their identity and facts relating to asserted claims.
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viii. Any issues about claims of privilege;
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1 None by Plaintiff. Defendant anticipates privileges issues will arise during the
course of discovery.
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ix. Anticipated depositions and the subjects to be addressed in each deposition.
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Plaintiff intends on deposing Defendant's persons most knowledgeable on the
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facts and issues in dispute identified above, as well as other issues related to
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Plaintiffs claims and factual allegations.
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X. The method for exchange of documents and whether to establish an electronic
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document depository.
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9 Normal exchange of documents
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f. Anticipated Discovery Motions.
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12 i. Discovery motions.
13 None at this time.
14 ii. Dispositive motions
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Motion for summary Judgment and/or Summary Adjudication.
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17 iii. Class certification
18 Yes
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iv. Settlement conference.
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Yes.
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v. Pre-trial conference.
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Yes.
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vi. Trial
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Yes.
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g. Issues Related to Counsel. Including:
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i. Whether to appoint liaison or lead counsel.
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Not applicable.
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1 ii. Whether to establish a case-based Web site and other means to provide a current
2 master list of addresses and telephone numbers of counsel;
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Not at this time.
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h. Whether the Parties Have Consented to Electronic Service in this Action Pursuant to
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Califomia Code of Civil Procedure section 1010.6;
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The Parties have consented to electronic service.
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i. Whether a Special Master Should Be Appointed And the Purposes for Such
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Appointment;
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Not at this time,
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j. Anv Other Relevant Case Management Issues.
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Not at this time.
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DATED: January 25,2023 BASHAM LAW GROUP
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By:
GaryR. Basham
J7 Attomey for Plaintiff ALEEZA KHAN
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LAW OFFICES OF DEBORAH F. BIRNDORF,
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20 APC
21 Deborah F. Bimdorf
Attomey for Defendant NEXTGEN
22 LABORATORIES, INC.
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1 DECLARATION OF GARY R. BASHAM AND DEBORAH F. BIRNDORF
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3 We, GARY R. BASHAM and DEBORAH F. BIRNDORF, declare that we have met and
4 conferred in good faith on all appropriate subjects set forth in the Notice of Case Management
5 Conference and Orders Re: Complex Case Management Procedures, served on August 4,2022.
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7 Dated: January 25, 2023
8 GARYR. BASHAM
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11 Dated: January 25,2023
12 DEBORAH F. BIRNDORF
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1
2 PROOF OF SERVICE
3 I, the undersigned declare:
4 I am employed in the County of Sacramento, State of Califomia. I am over the
5 age of eighteen years and not a party to the within action; my business address is 8801 Folsom
6 Blvd., Suite 280, Sacramento, CA 95826.
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On JANUARY 25, 2023,1 caused the following to be served:
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PLAINTIFF ALEEZA KHAN AND DEFENDANT NEXTGEN LABORATORIES, INC'S
9 JOINT CASE MANAGEMENT CONFERENCE STATEMENT
10 by placing a tme copy thereof enclosed in a sealed envelope whh postage
thereon fully prepaid for deposit in the United States Post Office mail box, at
11 my business address shown above, following Basham Law Group's ordinary
business practices for the collection and processing of mail, of which I am
12 readily familiar, and addressed as set forth below.
13 by depositing a true copy thereof enclosed in a sealed envelope with delivery
fees thereon fiilly prepaid in a box or other facility regularly maintained by
14 FedEx or delivering to an authorized courier or driver authorized by FedEx to
receive documents on the same date that it is placed at Basham Law Group for
15 collection, addressed as set forth below,
16 - by sending a copy by facsimile to the person(s) at the address(s) and facsimile
number(s) set forth below.
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X by email service to the person(s) at the address(s) set forth below.
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19 Attomeys for Defendant
20 Deborah F. Bimdorf
(DBimdorf@BimdorfLaw.com)
21 LAW OFFICES OF DEBORAH F.
BIRNDORF, APC
22 11845 W. Olympic Blvd, Suite 735W
Los Angeles, CA 90064
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I declare under penalty of perjury under the laws of the State of Califomia that the
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foregoing is tme and correct, and that this declaration was executed on January 25, 2023 at
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Sacramento, Califomia.
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27 Susan K. Basham
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Preview
FILED/ENDORSED 1 GARY R. BASHAM (SBN 130119) JAN 2 5 2023 BASHAM LAW GROUP 2 gary@bashamlawgroup.com By: T. Crowther 8801 Folsom Blvd., Suite 280 Deputy Clerk 3 Sacramento, Califomia 95826 Telephone: (916)282-0841 4 Facsimile: (916)266-7478 5 Attomeys for Plaintiff ALEEZA KHAN, on behalf of Herself, all similarly aggrieved current and former employees of Defendant, 6 The Proposed Class and the State of Califomia 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 ALEEZA KHAN, Case No. 34-2022-00319499CU-OE-GDS 11 Plaintiff, 12 PLAINTIFF ALEEZA KHAN AND v. DEFENDANT NEXTGEN 13 LABORATORIES, INC.'S JOINT CASE NEXTGEN LABORATORIES, INC., a Califomia MANAGEMENT CONFERENCE 14 corporation, STATEMENT 15 Defendants. Complaint Filed: May 6,2022 Trial Date: None 16 17 18 Plaintiff ALEEZA KHAN and Defendant NEXTGEN LABORATORIES, INC. by and through 19 counsel of record, (hereafter "The Parties"), submit the following Case Management Conference 20 Statement in advance of the Case Management Conference scheduled for February 9,2023, at 21 1:30 p.m. in Department 25. 22 SUMMARY OF THE CASE 23 This case is brought by plaintiff Aleeza Khan on behalf of herself and all others 24 similarly situated, and is a Class Action and PAGA Complaint seeking damages, restitution, 25 injunctive relief, penalties, reasonable attorneys' fees and costs under Califomia Code of Civil 26 Procedure Section 382 and Labor Code Sections 2698 et 5e^. There are seven counts in the 27 Complaint and are as follows: (1) Failure to Reimburse for Business Expenses; (2) Failure to Pay 28 Minimum Wages; (3) Failure to Pay Overtime Wages; (4) Failure to Fumish Accurate Itemized -1 - 1 Wage Statements; (5) Failure to Timely Pay All Wages Due at Termintion - Waiting Time 2 Penalties; (6) Unfair Business Practics; and (7) Private Attomeys' General Act. 3 4 MEET AND CONFER 5 Pursuant to the Court's Order, counsel for The Parties have met and conferred and 6 discussed the following: 7 a. Facts and Issues in Dispute 8 1. Whether Territory Managers and other sales positions labelled by 9 Defendant as exempt employees are misclassified. 10 2. Whether Defendant towes Plaintiff and Exempt Sales Class Members 11 minimum and overtime wages, as well as liquidated damages, due to the 12 misclassification. 13 3. Whether Defendant failed to provide Plaintiff and Exempt Sales Class 14 Members with accurate itemized wage statements in violation of Labor 15 Code §226. 16 4. Whether Defendant failed to pay Plaintiff and Exempt Sales Class 17 Members who are former employees of Defendant with all wages owing 18 and due at the end of their employment with Defendant in violation of 19 Labor Code §§201-203. 20 5. Whether Plaintiff, other Califomia Territory Managers and other Sales 21 employees, as well as the Sales Director and the Vice President of Sales, 22 were required by Defendant to work remotely and incur business expenses 23 as a result, but received no reimbursement, restitution or compensation for 24 these business expenses in violation of Labor Code section 2802. 25 6. Whether, as a result of the Covid-19 Pandemic, many other California 26 based employees of Defendant were required to work remotely and incur 27 business expenses, but received no reimbursement, restitution or 28 compensation for these business expenses in violation of Labor Code -2- 1 section 2802. 2 7. Whether Plaintiff is entitled to penalties, reasonable attomeys' fees and 3 costs, under PAGA, on behalf of Plaintiff, the State of Califomia and all 4 other individuals who are or have been employed by Defendzints in 5 Califomia during the relevant time period, who are described herein as 6 Exempt Sales Class Members and/or Labor Code section 2802 Class 7 Members, and who suffered any of the Labor Code violations described in 8 the Complaint during the relevant time period. 9 8. Whether the proposed claims of the Classes and Sub-Classes identified by 10 Plaintiff in her Complaint may be maintained as a class action under Code 11 of Civil Procedure §382. 12 9. Issues relating to damages and penalties for the Class and PAGA causes of 13 action. 14 b. Pleadings Served. Including: 15 i. Whether all parties named in complaint have been served, appeared or dismissed. 16 All parties have been served. 17 ii. Whather any additional parties may be added or pleadings amended. 18 None at this time. 19 iii. The deadline for filing any remaining pleadings and service on additional parties, 20 None. 21 c. The Impact of Anv Related Cases and/or Other Matters (e.g. bankmptcv proceedings"). 22 and whether severance, consoliation or coordination with other actions is desirable. 23 Not applicable. 24 d. Early Settlement Possibilities. 25 i. Whether mediation is an option. 26 Yes. 27 ii. Proposed mediators and available dates for mediation; The Parties are working on picking a mediator and selecting a mediation date. 28 3- 1 iii. Whether parties agree to informally exchange discovery at advance of mediation; 2 The Parties agree. 3 e. Discovery Issues. 4 i. The general subjects on which discovery is needed. 5 All facts aand issues in dispute as identified above. 6 ii. A proposed discovery schedule. ^ Should be considered after mediation. 8 iii. Whether discovery should be stayed until all parties are brought in the case; 9 Not applicable. 10 iv. Whether discovery should be conducted in phases or be limited to or focused on 11 particular issues. No. 12 v. Any issues related to preserving discoverable information and the need for 13 preservation notices. 14 ^5 None at this time. 16 vi. Any issues about disclosure, discovery, or preservation of electronically stores 17 information, including the form or forms in which it should be produced and 18 possible allocation of costs, as well as whether it may be appropriate to adopt a 19 Protocol for discovery of Electronically Stored Information. 20 None at this time. 21 vii. Any issues related to privacy, confidentiality, and/or trade secrets, and whether to 22 stipulate to a Protective Order to facilitate the exchange of information and 23 documents that may be subject to these limitations. 24 Protecting the privacy of Class and PAGA members while providing Plaintiff with 25 sufficient information on their identity and facts relating to asserted claims. 26 27 viii. Any issues about claims of privilege; 28 -4 1 None by Plaintiff. Defendant anticipates privileges issues will arise during the course of discovery. 2 ix. Anticipated depositions and the subjects to be addressed in each deposition. 3 Plaintiff intends on deposing Defendant's persons most knowledgeable on the 4 facts and issues in dispute identified above, as well as other issues related to 5 Plaintiffs claims and factual allegations. 6 X. The method for exchange of documents and whether to establish an electronic 7 document depository. 8 9 Normal exchange of documents 10 f. Anticipated Discovery Motions. 11 12 i. Discovery motions. 13 None at this time. 14 ii. Dispositive motions 15 Motion for summary Judgment and/or Summary Adjudication. 16 17 iii. Class certification 18 Yes 19 iv. Settlement conference. 20 Yes. 21 v. Pre-trial conference. 22 Yes. 23 vi. Trial 24 Yes. 25 g. Issues Related to Counsel. Including: 26 27 i. Whether to appoint liaison or lead counsel. 28 Not applicable. -5- 1 ii. Whether to establish a case-based Web site and other means to provide a current 2 master list of addresses and telephone numbers of counsel; 3 Not at this time. 4 h. Whether the Parties Have Consented to Electronic Service in this Action Pursuant to 5 Califomia Code of Civil Procedure section 1010.6; 6 The Parties have consented to electronic service. 7 i. Whether a Special Master Should Be Appointed And the Purposes for Such 8 Appointment; 9 Not at this time, 10 j. Anv Other Relevant Case Management Issues. 11 Not at this time. 12 13 DATED: January 25,2023 BASHAM LAW GROUP 14 15 By: GaryR. Basham J7 Attomey for Plaintiff ALEEZA KHAN 18 LAW OFFICES OF DEBORAH F. BIRNDORF, 19 20 APC 21 Deborah F. Bimdorf Attomey for Defendant NEXTGEN 22 LABORATORIES, INC. 23 24 25 26 27 28 -6 1 DECLARATION OF GARY R. BASHAM AND DEBORAH F. BIRNDORF 2 3 We, GARY R. BASHAM and DEBORAH F. BIRNDORF, declare that we have met and 4 conferred in good faith on all appropriate subjects set forth in the Notice of Case Management 5 Conference and Orders Re: Complex Case Management Procedures, served on August 4,2022. 6 7 Dated: January 25, 2023 8 GARYR. BASHAM 9 10 11 Dated: January 25,2023 12 DEBORAH F. BIRNDORF 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7- 1 2 PROOF OF SERVICE 3 I, the undersigned declare: 4 I am employed in the County of Sacramento, State of Califomia. I am over the 5 age of eighteen years and not a party to the within action; my business address is 8801 Folsom 6 Blvd., Suite 280, Sacramento, CA 95826. 7 On JANUARY 25, 2023,1 caused the following to be served: 8 PLAINTIFF ALEEZA KHAN AND DEFENDANT NEXTGEN LABORATORIES, INC'S 9 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 by placing a tme copy thereof enclosed in a sealed envelope whh postage thereon fully prepaid for deposit in the United States Post Office mail box, at 11 my business address shown above, following Basham Law Group's ordinary business practices for the collection and processing of mail, of which I am 12 readily familiar, and addressed as set forth below. 13 by depositing a true copy thereof enclosed in a sealed envelope with delivery fees thereon fiilly prepaid in a box or other facility regularly maintained by 14 FedEx or delivering to an authorized courier or driver authorized by FedEx to receive documents on the same date that it is placed at Basham Law Group for 15 collection, addressed as set forth below, 16 - by sending a copy by facsimile to the person(s) at the address(s) and facsimile number(s) set forth below. 17 X by email service to the person(s) at the address(s) set forth below. 18 19 Attomeys for Defendant 20 Deborah F. Bimdorf (DBimdorf@BimdorfLaw.com) 21 LAW OFFICES OF DEBORAH F. BIRNDORF, APC 22 11845 W. Olympic Blvd, Suite 735W Los Angeles, CA 90064 23 I declare under penalty of perjury under the laws of the State of Califomia that the 24 foregoing is tme and correct, and that this declaration was executed on January 25, 2023 at 25 Sacramento, Califomia. 26 27 Susan K. Basham 28 -8-