Preview
Filed
Superior Court of Calfiormia,
Sacramento
#1472023
GARY R. BASHAM (SBN 130119) oat
BASHAM LAW GROUP turnéra
Spe ree By , Dep
WN
8801 Folsom Blvd., Suite 280 ee ae
Sacramento, California 95826 34-2022-063 71 9499-CU-GI
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Telephone: (916) 282-0841
Facsimile: (916) 266-7478
kk
Attorneys for Plaintiff ALEEZA KHAN, on behalf of
WN
Herself, all similarly aggrieved current and former employees of Defendant,
The Proposed Class and the State of California
HN
NN
Oo
SUPERIOR COURT OF THE STATE OF CALIFORNIA
oO
COUNTY OF SACRAMENTO
10.
ALEEZA KHAN, Case No. 34-2022-00319499CU-OE-GDS
1
Plaintiff,
12 PLAINTIFF ALEEZA KHAN AND
V. DEFENDANT NEXTGEN
13 LABORATORIES, INC.’S JOINT CASE
NEXTGEN LABORATORIES, INC., a California | MANAGEMENT CONFERENCE
14 corporation, STATEMENT
FILE BY FAK
15 Defendants. Complaint Filed: May 6, 2022
Trial Date: None
16
CMC: June 29, 2023
17 Time: 1:30 p.m.
Dept: 27
18 Judge: Hon. Jill H. Talley
19 Plaintiff ALEEZA KHAN and Defendant NEXTGEN LABORATORIES, INC. by and through
20 counsel of record, (hereafter “The Parties”), submit the following Case Management Conference
21 Statement in advance of the Case Management Conference scheduled for June 29, 2023, at 1:30
22 pm in Department 27.
23 SUMMARY OF THE CASE
24 This case is brought by plaintiff Aleeza Khan on behalf of herself and all others
25 similarly situated, and is a Class Action and PAGA Complaint seeking damages, restitution,
26 injunctive relief, penalties, reasonable attorneys’ fees and costs under California Code of Civil
27 Procedure Section 382 and Labor Code Sections 2698 et seg. There are seven counts in the
28 Complaint and are as follows: (1) Failure to Reimburse for Business Expenses; (2) Failure to Pay
Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement
Case No.: 34-2022-003 19499
Minimum Wages; (3) Failure to Pay Overtime Wages; (4) Failure to Furnish Accurate Itemized
—
Wage Statements; (5) Failure to Timely Pay All Wages Due at Termination — Waiting Time
ND
Penalties; (6) Unfair Business Practices; and (7) Private Attorneys’ General Act.
WY
FF
MEET AND CONFER
vn
Pursuant to the Court’s Order, counsel for the Parties have met and conferred and
HD
discussed the following:
PONY
a. Facts and Issues in Dispute
lb Whether Territory Managers and other sales positions labelled by
Co
Defendant as exempt employees are misclassified.
me
Ss
Whether Defendant owes Plaintiff and Exempt Sales Class Members
me
Tz
minimum and overtime wages, as well as liquidated damages, due to the
HP
me
misclassification.
me
Whether Defendant failed to provide Plaintiff and Exempt Sales Class
me
Aare
Members with accurate itemized wage statements in violation of Labor
me
Code §226.
Whether Defendant failed to pay Plaintiff and Exempt Sales Class
vWT
Members who are former employees of Defendant with all wages owing
ww
Ge
and due at the end of their employment with Defendant in violation of
Labor Code §§201-203.
BE
NO
Whether Plaintiff, other California Territory Managers and other Sales
NO
SNBRARRKH
employees, as well as the Sales Director and the Vice President of Sales,
NO
were required by Defendant to work remotely and incur business expenses
NO
as a result, but received no reimbursement, restitution or compensation for
NYO
these business expenses in violation of Labor Code section 2802.
HN
Whether, as a result of the Covid-19 Pandemic, many other California
Nh
based employees of Defendant were required to work remotely and incur
BR
business expenses, but received no reimbursement, restitution or
Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement
Case No.: 34-2022-003 19499
&
— compensation for these business expenses in violation of Labor Code
section 2802.
WNW
7. Whether Plaintiff is entitled to penalties, reasonable attorneys’ fees and
WO
costs, under PAGA, on behalf of Plaintiff, the State of California and all
FR
other individuals who are or have been employed by Defendants in
A
California during the relevant time period, who are described herein as
DH
Exempt Sales Class Members and/or Labor Code section 2802 Class
NY
Members, and who suffered any of the Labor Code violations described in
fo
the Complaint during the relevant time period.
oO
8. Whether the proposed claims of the Classes and Sub-Classes identified by
SF
a ee
Plaintiff in her Complaint may be maintained as a class action under Code
|
of Civil Procedure §382.
NH
9. Issues relating to damages and penalties for the Class and PAGA causes of
BW
action.
b. Pleadings Served, Including:
ee
DA
i. Whether all parties named in complaint have been served, appeared or dismissed.
All parties have been served.
TY
wwe
ii. Whether any additional parties may be added or pleadings amended.
we
None at this time.
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©
iii. The deadline for filing any remaining pleadings and service on additional parties.
SG
NO
None.
|=
YN
c. The Impact of Any Related Cases and/or Other Matters (e.g. bankruptcy proceedings),
DH
KN
and whether severance, consolidation or coordination with other actions is desirable.
DW
N
Not applicable.
BR
NY
d. Early Settlement Possibilities.
AW
N
i. Whether mediation is an option.
BY
A
Yes.
NN
ot
ti. Proposed mediators and available dates for mediation;
Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement
Case No.: 34-2022-003 19499
3
The Parties are working on picking a mediator and selecting a mediation date.
This process has been delayed due to written discovery disputes between the
WN
Parties. Defendant has agreed to supplemental discovery responses and produce
WO
additional documents pursuant to Plaintiff's written discovery. The Parties plan on
eR
scheduling a mediation date after this discovery dispute is resolved.
MN
lil. Whether parties agree to informally exchange discovery at advance of mediation;
HD
The Parties agree.
NH
e. Discovery Issues.
oOo
The general subjects on which discovery is needed.
oO
10 All facts and issues in dispute as identified above.
11 il. A proposed discovery schedule.
12 Should be considered after mediation.
13 iii. Whether discovery should be stayed until all parties are brought in the case;
14 Not applicable.
15 . Whether discovery should be conducted in phases or be limited to or focused on
16 particular issues.
No.
17
Any issues related to preserving discoverable information and the need for
18
preservation notices.
19
20 None at this time.
21 Vi. Any issues about disclosure, discovery, or preservation of electronically stores
22 information, including the form or forms in which it should be produced and
23 possible allocation of costs, as well as whether it may be appropriate to adopt a
24 Protocol for discovery of Electronically Stored Information.
25
None at this time.
26
vii. Any issues related to privacy, confidentiality, and/or trade secrets, and whether to
27
stipulate to a Protective Order to facilitate the exchange of information and
28
Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement
Case No.: 34-2022-003 19499
&
documents that may be subject to these limitations.
Protecting the privacy of Class and PAGA members while providing Plaintiff with
sufficient information on their identity and facts relating to asserted claims.
WwW
E_-
viii. | Any issues about claims of privilege;
WN
DW
None by Plaintiff. Defendant anticipates privileges issues will arise during the
I
course of discovery.
Oo
IX. Anticipated depositions and the subjects to be addressed in each deposition.
Oo
Plaintiff intends on deposing Defendant’s persons most knowledgeable on the
10
facts and issues in dispute identified above, as well as other issues related to
11
Plaintiffs claims and factual allegations. Defendant intends on deposing the
12
Plaintiff.
13
The method for exchange of documents and whether to establish an electronic
14
document depository.
15 Normal exchange of documents.
16
f. Anticipated Discovery Motions.
17
18 Discovery motions.
19 None at this time.
20 ii. Dispositive motions
21
Motion for summary Judgment and/or Summary Adjudication.
22
23 iii. Class certification.
24 Yes,
25
iv. Settlement conference.
26
Yes.
27
Pre-trial conference.
28
Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement
Case No.: 34-2022-00319499
S
Yes.
vi. Trial
Nd
Yes.
&Ww
Issues Related to Counsel, Including:
i. Whether to appoint liaison or lead counsel.
NN
Not applicable.
DH
NO
ii. Whether to establish a case-based Web site and other means to provide a current
master list of addresses and telephone numbers of counsel;
Oo
oO
Not at this time.
10
Whether the Parties Have Consented to Electronic Service in this Action Pursuant to
11
California Code of Civil Procedure section 1010.6;
12
The Parties have consented to electronic service.
13
Whether a Special Master Should Be Appointed And the Purposes for Such
14
Appointment:
15
Not at this time.
16
Any Other Relevant Case Management Issues.
17
Not at this time.
18
19
DATED: June IY , 2023 BASHAM LAW GROUP
20
21
22 By: (— > A S : ae
Gary R. Basham
23 Attorney for Plaintiff ALEEZA KHAN
24
DATED: June 14, 2023 LAW OFFICES OF DEBORAH F. BIRNDORF,
25 APC
26 By: BP Vad. SP VAM MB) feo
27 Deborah F. Birndorf
Attorney for Defendant NEXTGEN
28 LABORATORIES, INC.
Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement
Case No.: 34-2022-003 19499
&
WN
WY
bh
MN
DECLARATION OF GARY R. BASHAM AND DEBORAH F. BIRNDORF
oNHD
We, GARY R. BASHAM and DEBORAH F. BIRNDORF, declare that we have met and
conferred in good faith on all appropriate subjects set forth in the Notice of Case Management
oOo
10 Conference and Orders Re: Complex Case Management Procedures, served on August 4, 2022.
11
12 Dated: June LY, 2023 COSA
Ct
13 GARY R. BASHAM
14
15
Bb FP LIAAAMEYS
16 Dated: June 14, 2023 QA
17 DEBORAH F. BIRNDORF
18
19
20
21
22
23
24
25
26
27
28
Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement
Case No.: 34-2022-003 19499
7
—
PROOF
OF SERVICE
WN
], the undersigned declare:
WY
nn
I am employed in the County of Sacramento, State of California. I am over the
AH HF
age of eighteen years and not a party to the within action; my business address is 8801 Folsom
Bivd., Suite 280, Sacramento, CA 95826.
IY ab
On June WM, 2023, I caused the following to be served:
PLAINTIFF ALEEZA KHAN AND DEFENDANT NEXTGEN LABORATORIES, INC.’S
own
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
by placing a true copy thereof enclosed in a sealed envelope with postage
lc OlUlUlUCODUClUlUMWOWOWULUCUMUNUlCOCONMClCUCUNlUWSLUlUlUMNLGeONS
thereon fully prepaid for deposit in the United States Post Office mail box, at
my business address shown above, following Basham Law Group’s ordinary
DC
ee
business practices for the collection and processing of mail, of which I am
readily familiar, and addressed as set forth below.
by depositing a true copy thereof enclosed in a sealed envelope with delivery
fees thereon fully prepaid in a box or other facility regularly maintained by
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
collection, addressed as set forth below.
by sending a copy by facsimile to the person(s) at the address(s) and facsimile
number(s) set forth below.
X by email service to the person(s) at the address(s) set forth below.
www
Attorneys for Defendant:
Deborah F. Birndorf
NO
(DBirndorf@BirndorfLaw.com)
LAW OFFICES OF DEBORAH F.
NO
NOSES!
BIRNDORF, APC
11845 W. Olympic Blvd, Suite 735W
BO
Los Angeles, CA 90064
PO
WD
I declare under penalty of perjury under the laws of the State of Calon that the
ers
PR
HN
foregoing is true and correct, and that this declaration was executed on June J4, 2023 at
AW
PO
Sacramento, California.
TO
NH
Gary R. Basham
NO
oN
Oo
Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement
Case No.: 34-2022-00319499
Preview
Filed Superior Court of Calfiormia, Sacramento #1472023 GARY R. BASHAM (SBN 130119) oat BASHAM LAW GROUP turnéra Spe ree By , Dep WN 8801 Folsom Blvd., Suite 280 ee ae Sacramento, California 95826 34-2022-063 71 9499-CU-GI WwW Telephone: (916) 282-0841 Facsimile: (916) 266-7478 kk Attorneys for Plaintiff ALEEZA KHAN, on behalf of WN Herself, all similarly aggrieved current and former employees of Defendant, The Proposed Class and the State of California HN NN Oo SUPERIOR COURT OF THE STATE OF CALIFORNIA oO COUNTY OF SACRAMENTO 10. ALEEZA KHAN, Case No. 34-2022-00319499CU-OE-GDS 1 Plaintiff, 12 PLAINTIFF ALEEZA KHAN AND V. DEFENDANT NEXTGEN 13 LABORATORIES, INC.’S JOINT CASE NEXTGEN LABORATORIES, INC., a California | MANAGEMENT CONFERENCE 14 corporation, STATEMENT FILE BY FAK 15 Defendants. Complaint Filed: May 6, 2022 Trial Date: None 16 CMC: June 29, 2023 17 Time: 1:30 p.m. Dept: 27 18 Judge: Hon. Jill H. Talley 19 Plaintiff ALEEZA KHAN and Defendant NEXTGEN LABORATORIES, INC. by and through 20 counsel of record, (hereafter “The Parties”), submit the following Case Management Conference 21 Statement in advance of the Case Management Conference scheduled for June 29, 2023, at 1:30 22 pm in Department 27. 23 SUMMARY OF THE CASE 24 This case is brought by plaintiff Aleeza Khan on behalf of herself and all others 25 similarly situated, and is a Class Action and PAGA Complaint seeking damages, restitution, 26 injunctive relief, penalties, reasonable attorneys’ fees and costs under California Code of Civil 27 Procedure Section 382 and Labor Code Sections 2698 et seg. There are seven counts in the 28 Complaint and are as follows: (1) Failure to Reimburse for Business Expenses; (2) Failure to Pay Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement Case No.: 34-2022-003 19499 Minimum Wages; (3) Failure to Pay Overtime Wages; (4) Failure to Furnish Accurate Itemized — Wage Statements; (5) Failure to Timely Pay All Wages Due at Termination — Waiting Time ND Penalties; (6) Unfair Business Practices; and (7) Private Attorneys’ General Act. WY FF MEET AND CONFER vn Pursuant to the Court’s Order, counsel for the Parties have met and conferred and HD discussed the following: PONY a. Facts and Issues in Dispute lb Whether Territory Managers and other sales positions labelled by Co Defendant as exempt employees are misclassified. me Ss Whether Defendant owes Plaintiff and Exempt Sales Class Members me Tz minimum and overtime wages, as well as liquidated damages, due to the HP me misclassification. me Whether Defendant failed to provide Plaintiff and Exempt Sales Class me Aare Members with accurate itemized wage statements in violation of Labor me Code §226. Whether Defendant failed to pay Plaintiff and Exempt Sales Class vWT Members who are former employees of Defendant with all wages owing ww Ge and due at the end of their employment with Defendant in violation of Labor Code §§201-203. BE NO Whether Plaintiff, other California Territory Managers and other Sales NO SNBRARRKH employees, as well as the Sales Director and the Vice President of Sales, NO were required by Defendant to work remotely and incur business expenses NO as a result, but received no reimbursement, restitution or compensation for NYO these business expenses in violation of Labor Code section 2802. HN Whether, as a result of the Covid-19 Pandemic, many other California Nh based employees of Defendant were required to work remotely and incur BR business expenses, but received no reimbursement, restitution or Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement Case No.: 34-2022-003 19499 & — compensation for these business expenses in violation of Labor Code section 2802. WNW 7. Whether Plaintiff is entitled to penalties, reasonable attorneys’ fees and WO costs, under PAGA, on behalf of Plaintiff, the State of California and all FR other individuals who are or have been employed by Defendants in A California during the relevant time period, who are described herein as DH Exempt Sales Class Members and/or Labor Code section 2802 Class NY Members, and who suffered any of the Labor Code violations described in fo the Complaint during the relevant time period. oO 8. Whether the proposed claims of the Classes and Sub-Classes identified by SF a ee Plaintiff in her Complaint may be maintained as a class action under Code | of Civil Procedure §382. NH 9. Issues relating to damages and penalties for the Class and PAGA causes of BW action. b. Pleadings Served, Including: ee DA i. Whether all parties named in complaint have been served, appeared or dismissed. All parties have been served. TY wwe ii. Whether any additional parties may be added or pleadings amended. we None at this time. we © iii. The deadline for filing any remaining pleadings and service on additional parties. SG NO None. |= YN c. The Impact of Any Related Cases and/or Other Matters (e.g. bankruptcy proceedings), DH KN and whether severance, consolidation or coordination with other actions is desirable. DW N Not applicable. BR NY d. Early Settlement Possibilities. AW N i. Whether mediation is an option. BY A Yes. NN ot ti. Proposed mediators and available dates for mediation; Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement Case No.: 34-2022-003 19499 3 The Parties are working on picking a mediator and selecting a mediation date. This process has been delayed due to written discovery disputes between the WN Parties. Defendant has agreed to supplemental discovery responses and produce WO additional documents pursuant to Plaintiff's written discovery. The Parties plan on eR scheduling a mediation date after this discovery dispute is resolved. MN lil. Whether parties agree to informally exchange discovery at advance of mediation; HD The Parties agree. NH e. Discovery Issues. oOo The general subjects on which discovery is needed. oO 10 All facts and issues in dispute as identified above. 11 il. A proposed discovery schedule. 12 Should be considered after mediation. 13 iii. Whether discovery should be stayed until all parties are brought in the case; 14 Not applicable. 15 . Whether discovery should be conducted in phases or be limited to or focused on 16 particular issues. No. 17 Any issues related to preserving discoverable information and the need for 18 preservation notices. 19 20 None at this time. 21 Vi. Any issues about disclosure, discovery, or preservation of electronically stores 22 information, including the form or forms in which it should be produced and 23 possible allocation of costs, as well as whether it may be appropriate to adopt a 24 Protocol for discovery of Electronically Stored Information. 25 None at this time. 26 vii. Any issues related to privacy, confidentiality, and/or trade secrets, and whether to 27 stipulate to a Protective Order to facilitate the exchange of information and 28 Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement Case No.: 34-2022-003 19499 & documents that may be subject to these limitations. Protecting the privacy of Class and PAGA members while providing Plaintiff with sufficient information on their identity and facts relating to asserted claims. WwW E_- viii. | Any issues about claims of privilege; WN DW None by Plaintiff. Defendant anticipates privileges issues will arise during the I course of discovery. Oo IX. Anticipated depositions and the subjects to be addressed in each deposition. Oo Plaintiff intends on deposing Defendant’s persons most knowledgeable on the 10 facts and issues in dispute identified above, as well as other issues related to 11 Plaintiffs claims and factual allegations. Defendant intends on deposing the 12 Plaintiff. 13 The method for exchange of documents and whether to establish an electronic 14 document depository. 15 Normal exchange of documents. 16 f. Anticipated Discovery Motions. 17 18 Discovery motions. 19 None at this time. 20 ii. Dispositive motions 21 Motion for summary Judgment and/or Summary Adjudication. 22 23 iii. Class certification. 24 Yes, 25 iv. Settlement conference. 26 Yes. 27 Pre-trial conference. 28 Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement Case No.: 34-2022-00319499 S Yes. vi. Trial Nd Yes. &Ww Issues Related to Counsel, Including: i. Whether to appoint liaison or lead counsel. NN Not applicable. DH NO ii. Whether to establish a case-based Web site and other means to provide a current master list of addresses and telephone numbers of counsel; Oo oO Not at this time. 10 Whether the Parties Have Consented to Electronic Service in this Action Pursuant to 11 California Code of Civil Procedure section 1010.6; 12 The Parties have consented to electronic service. 13 Whether a Special Master Should Be Appointed And the Purposes for Such 14 Appointment: 15 Not at this time. 16 Any Other Relevant Case Management Issues. 17 Not at this time. 18 19 DATED: June IY , 2023 BASHAM LAW GROUP 20 21 22 By: (— > A S : ae Gary R. Basham 23 Attorney for Plaintiff ALEEZA KHAN 24 DATED: June 14, 2023 LAW OFFICES OF DEBORAH F. BIRNDORF, 25 APC 26 By: BP Vad. SP VAM MB) feo 27 Deborah F. Birndorf Attorney for Defendant NEXTGEN 28 LABORATORIES, INC. Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement Case No.: 34-2022-003 19499 & WN WY bh MN DECLARATION OF GARY R. BASHAM AND DEBORAH F. BIRNDORF oNHD We, GARY R. BASHAM and DEBORAH F. BIRNDORF, declare that we have met and conferred in good faith on all appropriate subjects set forth in the Notice of Case Management oOo 10 Conference and Orders Re: Complex Case Management Procedures, served on August 4, 2022. 11 12 Dated: June LY, 2023 COSA Ct 13 GARY R. BASHAM 14 15 Bb FP LIAAAMEYS 16 Dated: June 14, 2023 QA 17 DEBORAH F. BIRNDORF 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement Case No.: 34-2022-003 19499 7 — PROOF OF SERVICE WN ], the undersigned declare: WY nn I am employed in the County of Sacramento, State of California. I am over the AH HF age of eighteen years and not a party to the within action; my business address is 8801 Folsom Bivd., Suite 280, Sacramento, CA 95826. IY ab On June WM, 2023, I caused the following to be served: PLAINTIFF ALEEZA KHAN AND DEFENDANT NEXTGEN LABORATORIES, INC.’S own JOINT CASE MANAGEMENT CONFERENCE STATEMENT by placing a true copy thereof enclosed in a sealed envelope with postage lc OlUlUlUCODUClUlUMWOWOWULUCUMUNUlCOCONMClCUCUNlUWSLUlUlUMNLGeONS thereon fully prepaid for deposit in the United States Post Office mail box, at my business address shown above, following Basham Law Group’s ordinary DC ee business practices for the collection and processing of mail, of which I am readily familiar, and addressed as set forth below. by depositing a true copy thereof enclosed in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility regularly maintained by 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 collection, addressed as set forth below. by sending a copy by facsimile to the person(s) at the address(s) and facsimile number(s) set forth below. X by email service to the person(s) at the address(s) set forth below. www Attorneys for Defendant: Deborah F. Birndorf NO (DBirndorf@BirndorfLaw.com) LAW OFFICES OF DEBORAH F. NO NOSES! BIRNDORF, APC 11845 W. Olympic Blvd, Suite 735W BO Los Angeles, CA 90064 PO WD I declare under penalty of perjury under the laws of the State of Calon that the ers PR HN foregoing is true and correct, and that this declaration was executed on June J4, 2023 at AW PO Sacramento, California. TO NH Gary R. Basham NO oN Oo Plaintiff Aleeza Khan and Defendant NextGen Laboratories, Inc.’s Joint Case Management Conference Statement Case No.: 34-2022-00319499