Preview
PATRICIA A. SAVAGE (SBN 236235)
1 SAVAGE & LAMB, P.C.
1550 Humboldt Road, Suite 4
2 Chico, CA 95928
Telephone: (530) 809-1851
3
Facsimile: (530) 592-3865
Email: psavesq@gmail.com
Fllil07eiD0RSE
4
SEP \ 0 2020
5
Attorney for Plaintiffs,
A. Manias
6 JAY ROBINSON and By: np.nijtv Clerk
HUGO PINEDA, individually and on
7 behalf of all others similarly situated
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10
JAY ROBINSON and
11
HUGO PINEDA, individually and on behalf of Case No. 34-2019-00262942
12 all others similarly situated.
DECLARATION OF PATRICIA A.
13 SAVAGE IN SUPPORT OF PLAINTIFF'S
Plaintiffs, MOTION TO COMPEL A FURTHER
14 RESPONSE TO REQUEST FOR
PRODUCTION
15
16 ASOMEO ENVIRONMENTAL
RESTORATION INDUSTRY, LLC, a Hearing Date: 9/23/2020
17
Califomia Corporation and PHILLIPS & Time: 9:00 a.m.
JORDAN, INC., a North Carolina Corporation, Dept.: 54
18
and DOES 1-10,
19 Action Filed: 08/16/2019
20 Defendants.
21
22
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 if 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
Production
1 2. On or about April 2, 2020, my office served onto Defendant Asomeo
2 Envirormiental Restoration Industry's counsel Plaintiffs Request for Production, Set One.
3 A tme and correct copy of the Plaintiffs Request for Production, 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 tme
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 communication is attached hereto as Exhibit C.
11 5. On or about June 18, 2020, Defendant served discovery responses to
12 Plaintiffs propounded request for production. A tme and correct copy of Defendant's
13 response to Plaintiffs Request for Production, 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 counsel decided to take the
20 offered two-week extension, imtil July 6, 2020, to provide substantive responses. A tme
21 and correct copy of the 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
2 4 and correct copy of the correspondence is attached hereto as Exhibit F.
25 8. On or about July 13, 2020,1 again met and conferred via electronic
2 6 communication with Defendant's coimsel regarding Defendant's failure to provide
27 responses to Plaintiffs propounded discovery. Coimsel for Defendant stated they were
28
Declaration of Patricia Savage in Support of Motion to Compel Further Responses to Plaintiffs Request for
Production
1 only waiting on signed verifications forms from their client, and that responses would be
2 served soon. A tme and correct copy of the communication is attached hereto as Exhibit G.
3 9. On August 7, 2020, Defendant's coimsel 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 communication is attached hereto as Exhibit H.
8 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 four hours in the preparation ofthe motion to compel, the separate statement 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 $3,310.00.
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: August B ,2020
22 Patricia Savage
23
24
25
26
27
28
Declaration of Patricia Savage in Support of Motion to Compel Further Responses to Plaintiffs Request for
Production
Proof of Service
I, Robert Towne, am a citizen of the United States and employed in the County of Butte. I 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 of business on the same day.
On August 13, 2020,1 served the within:
NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO
PLAINTIFF'S REQUEST FOR PRODUCTION, SET ONE; AND MOTION FOR
SANCTIONS
SEPARATE STATEMENT OF ITEMS IN DISPUTE IN SUPPORT OF
PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO
PLAINTIFF'S REQUEST FOR PRODUCTION
DECLARATION OF PATRICIA A. SAVAGE IN SUPPORT OF PLAINTIFF'S
MOTION TO COMPEL FURTHER RESPONSE TO REQUEST FOR
PRODUCTION
By e-mail or electronic transmission: I caused a copy of the document(s) to be sent from e-mail
address roberttowne.savagelaw@gmail.com to the persons at the e-mail addresses listed below. I
did not receive, wathin a reasonable time after the transmission, any electronic message or other
indication that the transmission was unsuccessful.
Shane Singh
Lewis Brisbois
2020 West El Camino Avenue
Suite 700
Sacramento, CA 95833
Shane. singh(^lewisbri sbois.com
The following is a procedure in which service of this document was effected:
XXXX Electronic Service: shane.singh@lewisbrisbois.com;
George.theofanis@lewisbrisbois.com; anne.french@lewisbrisbois.com;
Nolan.kessler@lewisbrisbois.com
I declare under penalty of perjury that the foregoing is tme and correct under the laws of the State
of Califomia and that this declaration was executed on August 13, 2020, at Chico, California.
EXHIBIT A
PATRICIA A. SAVAGE, SBN 236235
SAVAGE & L A M B , 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
COUNTY OF SACRAMENTO
10
11
Case No. 34-2019-00262942
JAY ROBINSON and
12
HUGO PINEDA, individually and on behalf of
13 all others similarly situated. PLAINTIFFS' SUPPLEMENTAL
14
REQUEST FOR PRODUCTION OF
Plaintiffs, DOCUMENTS,
15 SET ONE
16
ASOMEO ENVIRONMENTAL
17 RESTORATION INDUSTRY, LLC, a
California Corporation and
18
PHILLIPS 8c JORDAN, INC., a North Carolina
19 Corporation and
DOES 1-10,
20 Defendants.
21
22
PROPOUNDING PARTY: JAY ROBINSON
23
RESPONDING PARTY: ASOMEO ENVIRONMENTAL
24 RESTORATION INDUSTRY, L L C
25 SET NUMBER: ONE
26
27 DEMAND IS HEREBY MADE pursuant to California Code of Civil Procedure Section
28 2031.010 et seq. that you produce and permit inspection and copying od the documents described
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE
1 below. Within 30 days of this demand you are also required to serve on this party a response to
2 this demand as specified in California Code of Civil Procedure Sections 2031.210, 2031.220 and
3 2031.230. The place of inspection shall be Law Office of Savage, Lamb & Lunde, 1550
4 Humboldt Road Suite 4, Chico, CA 95928. The date and time for such inspection shall be on or
5 before the date required by the statute and continuing so long as reasonably required.
6
7 DEFINITIONS
8 A. "DOCUMENTS" as used herein shall mean all tangible things including,
9 without limitation, E-MAILS, tape recordings or other forms of recordings, correspondence,
10 records, memoranda, notes, letters, messages, (including, but not limited to, reports of telephone
11 conversations and conferences), studies, analyses, books, magazines, newspapers, booklets,
12 circulars, bulletins, interactions, minutes, or other written communications (including, but not
13 limited to, inter- and intra-office communications), questionnaires, surveys, contracts, orders,
14 records or summaries of negotiations, records, notes or summaries of personal interviews or
15 conversations, diaries, schedules, printouts, statistical statements, forecasts, discs, data cards,
16 films, data processing files, and other computer readable records or programs, catalogues,
17 brochures, all other written or printed matter of any kind, all other data compilations from which
18 information can be obtained and translated, if necessary, all other tangible things, and all things
19 that come within the definition of "writing" contained in Rule 1001 of the Federal Rules of
20 Evidence (including, but not limited to , all forms of tangible expression, including pictures and
21 sound recordings). Every draft or non-identical copy of a DOCUMENT is a separate
22 DOCUMENT and must be produced in response hereto. As used herein, the term "E-MAILS"
23 shall mean the exchange of text messages and computer files over a communications network,
24 such as a local area network, intranet, extranet, or public network such as the Internet or other
25 online service provider.
26 B "ELECTRONIC RECORD ' and "ELECTRONIC RECORDS " mean
27 electronically stored information including all computer, computerized and electronic records of
28 all computer or electronically generated, produced, maintained, operated or stored databases,
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE
1 programs, data, records, fields, files, file lists, file menus, directories, scanned material, images,
2 recordings, messages, transmissions, electronic mail, calendars, diaries, notes, correspondence,
3 memoranda, spreadsheets, forms, operating instructions, manuals, notices, invoices, agreements,
4 distribution lists and acknowledgements of receipt. All ELECTRONIC RECORDS should be
5 produced in their native format or in a readable and usable electronic or computerized format as
6 otherwise agreed to by the parties.
7 C "YOU" or "YOUR" and "YOUR FACILITY" means Defendant ASOMEO
8 ENVIRONMENTAL RESTORATION INDUSTRY (AERI) and their managers, investigators
9 or attorneys.
10 D. "PLAINTIFF" individually means JAY ROBINSON.
11 E. "COVERED MEMBERS" means all employees employed by YOU during the
12 COVERED PERIOD
13 F. "EVIDENCE, REFER TO OR RELATE TO" means regarding, pertaining to,
14 concerning, referring to, mentioning, discussing, supporting, evidencing, constituting,
15 contradicting, or refuting, in whole or in part, directly or indirectly, the subject matter of the
16 request.
17 G. "REGARDING" means pertaining to, relating to, about, referring to, and
18 contained in.
19 H. "COVERED PERIOD" means the period of time which includes four years prior
20 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 which
22 is made in response to an unsatisfactory or unacceptable situation.
23 INSTRUCTIONS
24 A. "And" as well as "or" shall be construed disjunctively or conjunctively so as to
25 bring within the scope of each interrogatory that otherwise might be construed to be outside of its
2 6 scope.
27 B. "Any" as well as "all" shall each be understood to mean "any and all," so as to
28 bring within the scope of each request that otherwise might be construed to be outside of its scope.
3
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 C. Each category of DOCUMENTS or other tangible things demanded herein shall be
2 construed independently and shall not be limited by reference to any other such category.
3 D. The past tense shall be construed as the present tense or the future tense, the present
4 tenses as the past or the future tense, and the future tense as the present or past tense, so as to bring
5 within the scope of each demand for all DOCUMENTS or other tangible things that might
6 otherwise be construed to be outside its scope.
7 E. The singular tense shall be construed as the plural and the plural as the singular so
8 as to bring within the scope of each demand for all DOCUMENTS or other tangible things that
9 otherwise might be construed to be outside its scope.
10 F. If a demand calls for the production of any writing as to which Responding Party
11 claims a privilege or work product as a ground for withholding such writing, set forth with respect
12 to each such writing facts of sufficient specificity to permit the Court to make a full determination
13 as to whether the claim of privilege or work product is valid, including each and every fact or
14 basis upon which said privilege or work product is claimed. In particular, and without limiting the
15 generality of the foregoing, set forth with respect to each such writing:
16 (1) the author of the writing;
17 (2) the addressee, if any, and those PERSONS, if any, specified in the writing
18 to receive a copy thereof, as well as all known recipients of the writing;
19 (3) the title of the writing, if any;
20 (4) the type of the writing, (e.g. minutes, letter, memorandum, chart, report,
21 handwritten notes);
22 (5) the current location of the writing;
23 (6) the identification of each and every person who participated in any way in
24 the preparation of that writing;
25 (7) the date on which the writing was prepared;
26 (8) the date on which the writing was sent or received by a Responding Party,
27 as the case may be;
28 (9) the name, title, home and business address, and home and business
4
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 telephone number of the current custodian of the writing;
2 (10) the identity of all PERSONS to whom the substance of the documents was
3 transmitted, or who saw such documents, and under what circumstances; and
4 (11) each and every fact or basis upon which such privilege or work product is
5 claimed.
6 G. If a demand calls for the production of a writing which has been destroyed, placed
7 beyond Responding Party's possession, custody, or control, or otherwise disposed of, set forth
8 with respect to each such writing:
9 (1) the author of the writing;
10 (2) the addressee, if any, and those PERSONS, if any, specified in the writing
11 to receive a copy thereof, as well as all known recipients of the writing;
12 (3) the title of the writing, if any;
13 (4) the type of the writing (e.g., minutes, letter, memorandum, chart, report,
14 handwritten notes);
15 (5) the date on which the writing was prepared;
16 (6) the date on which the writing was sent or received by a Responding Party,
17 as the case may be;
18 (7) the identity of all PERSONS to whom the substance of the writing was
19 transmitted, or who saw such writing, and under what circumstances;
20 (8) the present or last known locations of the writing, if not destroyed; and
21 (9) the name, title, home and business address, and home and business
22 telephone number of the current or last known custodian of the writing;
23 H. Each demand requires the production of DOCUMENTS and other materials in the
24 same form and in the same order in which they existed prior to production. DOCUMENTS are to
25 be produced in the boxes, filed folders, bindings, or other containers in which the documents are
26 found or the information is stored. The title, labels or other descriptions of the boxes, file folders,
27 binders or other containers are to be left intact.
28
5
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE
1 REQUEST FOR PRODUCTION OF DOCUMENTS
2
3 REQUEST NO. 1:
4 All contents of PLAINTIFFS' personnel file.
5 REQUEST NO. 2:
6 All WRITINGS and ELECTRONIC WRITINGS reflecting paystubs YOU issued to
7 PLAINTFF during the RELATIONSHIP.
8 REQUEST NO. 3:
9 All WRITINGS and ELECTRONIC WRITINGS, including drafts and revisions,
10 containing job descriptions, weather complete or partial, YOU used for any position PLAINTIFF
11 held during the RELATIONSHIP.
12 REQUEST NO. 4:
13 All WRITINGS and ELECTRONIC WRITINGS RELATING to job evaluations YOU
14 created of PLAINTFFS' job performance during the RELATIONSHIP.
15 REQUEST NO. 5:
16 All WRITINGS and ELECTRONIC WRITINGS RELATING to any job training that
17 YOU provided to PLAINTIFF during the RELATIONSHIP.
18 REQUEST NO. 6;
19 Any and all of YOUR manuals (e.g., handbooks, policy memoranda, etc.) governing
20 PLAINITFFS' employment with YOU during the RELATIONSHIP.
21 REQUEST NO. 7:
22 All WRITINGS and ELCTRONIC WRITINGS reflecting any of YOUR policies during
23 the COVERED PERIOD RELATING to keeping track of YOUR employees' hours worked.
24 REQUEST NO. 8:
25 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
26 the COVERED PERIOD RELATING to overtime.
27 REQUEST NO. 9:
28 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
6
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE
1 the COVERED PERIOD RELATING to minimum wages.
2 REQUEST NO. 10:
3 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
4 the COVERED PERIOD RELATING to meal periods.
5 REQUEST NO. 11:
6 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
7 the COVERED PERIOD RELATING to rest periods.
8 REQUEST NO. 12:
9 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
10 the COVERED PERIOD RELATING wage statements.
11 REQUEST NO. 13:
12 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
13 the COVERED PERIOD RELATING to reimbursement expenses.
14 REQUEST NO. 14:
15 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
16 the COVERED PERIOD RELATING to YOUR employees' use of a personal cell phone for work
17 purposes.
18 REQUEST NO. 15:
19 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during
20 the COVERED PERIOD RELATING to YOUR use of an ALTERNTIVE WORK WEEK.
21 REQUEST NO. 16:
22 Any and all of PLAINTIFFS' work schedules that YOU created for PLAINTIFFS to work
23 during the RELATIONSHIP.
24 REQUEST NO. 17:
25 All WRITINGS and ELECTRONIC WRITINGS reflecting the hours that PLAINITFF
26 worked for YOU during the RELATIONSHIP.
27 REQUEST NO. 18:
28 All WRITINGS and ELECTRONIC WRITINGS reflecting all overtime wages YOU paid
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 to PLAINTIFF during the RELATIONSHIP.
2 REQUEST NO. 19:
3 All WRITINGS and ELECTRONIC WRITINGS reflecting all wages YOU paid to
4 PLAINTIFF during the RELATIONSHIP.
5 REQUEST NO. 20:
6 All WRITINGS and ELECTRONIC WRITINGS showing the meal periods that
7 PLAINITFFS took during the RELATIONSHIP.
8 REQUEST NO. 21:
9 All WRITINGS and ELECTRONIC WRITINGS showing the meal periods that YOU
10 made available to PLAINTIFFS during the RELATIONSHIP.
11 REQUEST NO. 22:
12 All WRITINGS and ELECTRONIC WRITINGS showing the rest periods that
13 PLAINITFFS took during the RELATIONSHIP.
14 REQUEST NO. 23:
15 All WRITINGS and ELECTRONIC WRITINGS showing the rest periods that YOU made
16 available to PLAINITFFS during the RELATIONSHIP.
17 REQUEST NO. 24:
18 All WRITINGS and ELECTRONIC WRITINGS showing any reimbursement expenses
19 YOU paid to PLAINTIFFS during the RELATIONSHIP.
20 REQUEST NO. 25:
21 All WRITINGS and ELECTRONIC WRITINGS showing any reimbursement expenses
22 YOU paid to PLAINTIFF for the use of their personal cell phone for work purposes during the
23 RELATIONSHIP.
24 REQUEST NO. 26:
25 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
26 PLAINITFFS and YOU about overtime wages during the RELATIONSHIP.
27 REQUEST NO. 27:
28 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
8
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE
1 PLAINITFFS and YOU about minimum wages during the RELATIONSHIP.
2 REQUEST NO. 28:
3 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
4 PLAINITFFS and YOU about meal periods during the RELATIONSHIP.
5 REQUEST NO. 29:
6 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
7 PLAINITFFS and YOU about rest periods during the RELATIONSHIP.
8 REQUEST NO. 30:
9 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
10 PLAINITFFS and YOU about wage statements during the RELATIONSHIP.
11 REQUEST NO. 31:
12 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
13 PLAINITFFS and YOU about reimbursement expenses during the RELATIONSHIP.
14 REQUEST NO. 32:
15 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
16 PLAINITFFS and YOU about keeping track of hours worked during the RELATIONSHIP.
17 REQUEST NO. 33:
18 Any and all of COVERED MEMBERS' work schedules that YOU created for COVERED
19 MEMBERERS to work during the COVERED PERIOD.
20 REQUEST NO. 34:
21 All WRITINGS and ELECTRONIC WRITINGS reflecting the hours that COVERED
22 MEMBERS worked for YOU during the COVERED PERIOD.
23 REQUEST NO. 35:
24 All WRITINGS and ELECTRONIC WRITINGS reflecting all overtime wages YOU paid
25 to COVERED MEMBERS during the COVERED PERIOD.
26 REQUEST NO. 36:
27 All WRITINGS and ELECTRONIC WRITINGS reflecting all wages YOU paid to
28 COVERED MEMEBERS during the COVERED PERIOD.
9
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 REQUEST NO. 37:
2 All WRITINGS and ELECTRONIC WRITINGS showing the meal periods that
3 COVERED MEMBERS took during the COVERED PERIOD.
4 REQUEST NO. 38:
5 All WRITINGS and ELECTRONIC WRITINGS showing the meal periods that YOU
6 made available to COVERED MEMBERS during the COVERED PERIOD.
7 REQUEST NO. 39:
8 All WRITINGS and ELECTRONIC WRITINGS showing the rest periods that COVERED
9 MEMBERS took during the COVERED PERIOD.
10 REQUEST NO. 40:
11 All WRITINGS and ELECTRONIC WRITINGS showing the rest periods that YOU made
12 available to COVERED MEMBERS during the COVERED PERIOD.
13 REQUEST NO. 41:
14 All WRITINGS and ELECTRONIC WRITINGS showing reimbursement expenses that
15 YOU paid to COVERED MEMBERS during the COVERED PERIOD.
16 REQUEST NO. 42:
17 All WRITINGS and ELECTRONIC WRITINGS showing reimbursement expenses that
18 YOU paid to COVERED MEMBERS for use of their personal cell phone for work purposes
19 during the COVERED PERIOD.
20 REQUEST NO. 43:
21 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
22 COVERED MEMEBERS and YOU about overtime wages during the COVERED PERIOD.
23 REQUEST NO. 44:
24 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
25 COVERED MEMEBERS and YOU about minimum wages during the COVERED PERIOD.
26 REQUEST NO. 45:
27 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
28 COVERED MEMEBERS and YOU about meal periods during the COVERED PERIOD.
10
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 REQUEST NO. 46:
2 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
3 COVERED MEMEBERS and YOU about rest periods during the COVERED PERIOD.
4 REQUEST NO. 47:
5 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
6 COVERED MEMEBERS and YOU about wage statements during the COVERED PERIOD.
7 REQUEST NO. 48:
8 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
9 COVERED MEMEBERS and YOU about reimbursement expenses during the COVERED
10 PERIOD. '
11 REQUEST NO. 49:
12 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between
I
13
COVERED MEMEBERS and YOU about keeping track of hours worked during the COVERED
14
PERIOD.
15
REQUEST NO. 50:
16
Any and all of YOUR insurance policies that may cover the claims alleged in
17
PLAINTIFFS' COMPLAINT.
18
REQUEST NO. 51:
19
Any and all WRITINGS and ELECTRONIC WRITINGS YOU identified in response to
20
PLAINTIFFS' Request for Supplemental Special Interrogatories, Set One to YOU.
21
REQUEST NO. 52:
22
Any and all WRITINGS and ELECTRONIC WRITINGS YOU identified in response to
23
PLAINTIFFS' Request for Form Interrogatories, General, Set One to YOU.
24
REQUEST NO. 53:
25
Any and all WRITINGS and ELECTRONIC WRITINGS YOU identified in response to
26
PLAINTIFFS' Request for Form Interrogatories, Employment Law, Set One to YOU.
27
REQUEST NO. 54:
28 Any and all WRITINGS and ELECTRONIC WRITINGS supporting YOUR contention
11
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE
1 that any penalties awarded under Labor Code section 2699 et seq. would result in an award that is
2 unjust, arbitrary and oppressive, or confiscatory.
3 REQUEST NO. 55:
4 Any and all WRITINGS and ELECTRONIC WRITINGS RELATING to YOUR financial
5 state, including balance sheets, profit and loss statements, debts, and assets that support YOUR
6 contention that that any penalties awarded under Labor Code section 2699 et seq. would result in
7 an award that is unjust, arbitrary and oppressive, or confiscatory.
8 REQUEST NO. 56:
9 Any and al WRITINGS and ELCTRONIC WRITINGS supporting YOUR contention that
10 you properly instituted an Alternative Work week for YOUR covered employees during the
11 COVERED period.
12 REQUEST NO. 57:
13 Any and all WIRTINGS and ELCTRONIC WRITINGS which IDENTIFY any complaints
14 received by YOU from PLAINTIFF regarding wages during the COVERED PERIOD.
15 REQUEST NO. 58:
16 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all complaints
17 made to any ANGENCY regarding safety and health at YOUR facility during the COVERED
18 PERIOD.
19 REQUEST NO. 59:
20 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all complaints
21 made to YOU regarding employee compensation during the COVERED PERIOD,
22 REQUEST NO. 60:
23 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all complaints
24 made to YOU regarding per diem pay during the COVERED PERIOD.
25
26 REQUEST NO. 61:
27 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY any and all per
28 diem pay paid to the COVERED MEMEBERS during the COVERED PERIOD.
12
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 REQUEST NO. 62:
2 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY any and all per
3 diem pay paid to PLAINTIFF during the COVERED PERIOD.
4 REQUEST NO. 63:
5 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY YOUR
6 contractual relationship with PHILLIPS & JORDAN, INC.
7 REQUEST NO. 64:
. 8 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all
9 correspondence between YOU and PHILLIPS & JORDAN, INC.
10 REQUEST NO. 65:
11 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all employees
12 YOU have had since YOUR formation.
13 REQUEST NO. 66:
14 Please produce all DOCUMENTS setting forth YOUR policies or practices relating to the
15 compensation ofthe PUTATIVE CLASS MEMBERS that were in effect during the RELEVANT
16 TIME PERIOD.
17 REQUEST NO. 67:
18 Please produce all DOCUMENTS setting forth YOUR policies or practices relating to the
19 scheduling ofthe PUTATIVE CLASS MEMBERS that were in effect during the RELEVANT
20 TIME PERIOD.
21 REQUEST NO. 68:
22 Please produce all DOCUMENTS setting forth YOUR policies or practices relating to
23 wage-and-hour policy training provided to the PUTATIVE CLASS MEMBERS during the
24 RELEVANT TIME PERIOD.
25 REQUEST NO. 69:
26 Please produce all DOCUMENTS reflecting YOUR communications with PUTATIVE
27 CLASS MEMBERS relating to YOUR wage-and-hour policies and procedures during the
28 RELEVANT TIME PERIOD.
13
PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
REQUEST NO. 70:
2 Please produce all DOCUMENTS reflecting YOUR communications with PUTATIVE
3 CLASS MEMBERS' supervisors, managers, and/or other superiors relating to YOUR wagc-and-
4 hour policies and procedures during the RE LEV ANT TIME PERIOD.
5 REQUEST NO. 71:
6 Please produce all DOCUMENTS pertaining to the MEAL BREAKS taken by
7 PUTATIVE CLASS MEMBERS during the RELEVANT TIME PERIOD.
REQUEST NO. 72:
9 Please produce all DOCUMENTS pertaining to the REST BREAKS taken by PUTATIVE
10 CLASS MEMBERS during the RELEVANT TIME PERIOD.
1.1. REQUEST NO. 73:
12 Please produce all DOCUMENTS pertaining to any REST BREAK premiums paid to
13 PUTATIVE CLASS MEMBERS during the RELEVANT TIME PERIOD.
14 REQUEST NO. 74:
15 Please produce all DOCUMENTS pertaining to any reimbursements for BUSINESS
16 EXPENSES paid to PUTA TIVE CLASS MEMBERS during the RELEVAN T TIME PERIOD
17
18
19 Dated: April 2020 Respeclljy
20
2I
22
Sa^/agk Laim) & Lunde, PC
23 Patiicia ATTSavage
Attorney for Plaintiff
24
25
26
27
28
14
PLAINTIFFS' SUPPLEMENTAL REQUESi' FOR PRODUCTION OF DOCUMENTS, SET ONE
Proof of Sci vicc
I, Angela Hooper, am a citizen ofthe 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 ordinaiy course of business on the same day.
On April 2, 2020, I 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 IO DEFENDAN 1
AERI
FORM INTERROGATORIES GENERAL SET ONE FO DEFENDANT AERI
DECLARATION FOR ADDITIONAL DISCOVER RE SUPPLEMENTAL SPECIAL
INTERROGATORIES SET ONE TO DEFENDANT AERI
On the parties below by placing a true copy thereof in a .sealed envelope and served same on the
parties/counsel, addressed as follows:
Shane Singh Darwin A. Hindman, 111
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 Tallman
Sheppard Mullin
Four Embarcadero Center, 17"' Floor
San Francisco, CA 9411 1
'he following is a procedure in which service of this document was effected:
XXXX U.S. Po.stal Service (by placing for collection and deposit in the United
Stales mail a copy of said document at Chico, CA).
1 declare under penalty of peijury that the foregoing is true and corr&t under the laws of the State
of California and that this declaration was executed on April 2, 292,0, at Chico, California.
AngelalTooper
S1ISIHX3
From: Patricia Savage [mailto:. „esc]@cjmaii.cgm]
Sent: Wednesday, May 6, 2020 6:52 AM
To: Kessler, Nolan
Cc: Singh, Shane; Theofanis, George; French, Anne; Angela Hooper; Hindman, Skip; erlambiaw@gmai!.com
Subject: [EXTERNAL] Re: Robinson v. AERI - Extension of AERI's Deadline to Respond to Plaintiffs Supplemental
Discovery Requests
ExfeYrial-Email
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 lewisbrjsbois.com> 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
T: 916.646.8287 F: 916.564.5444
2020 West El Camino Avenue, Suite 700, Sacramento, CA 95833 | LewisBrisbois.com
Representing clients from coast to coast. View our locations nationwide.
This e-maii may contain or attach privileged, confidsntial or protected information intended onl'/ for the use oi If: intended recipient, i'you
are not the intended recipient, any review cr use of it is strictly prohibited. If you have received this e- niaii in e>.'cr, you S'e reqi; -ea tc neiity
the sender, then deietethis email and any attachment from your cornpi-ter and any o'" yoiU' electronic de\"Ces ivcrere the rneEsacfi is stored
From: Patricia Savage [mailto:, esc|(a)qmail.com1
Sent: Monday, June 1, 2020 9:52 AM
To: Kessler, Nolan
Cc: Singh, Shane; Theofanis, George; French, Anne; Angela Hooper; Hindman, Skip; eriamblaw@qmail.cQm
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
Defendant's deadline to respond to Plaintiff's discovery requests? This extension would make
Defendant's new deadline July 2, 2020.
Please let us know if you are agreeable to this extension. Thank you.
Best,
Nolan
1 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
4 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
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SACRAMENTO
12
13 JAY 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 RESPONSE TO
SUPPLEMENTAL REQUEST FOR
16 vs. PRODUCTION OF DOCUMENTS, SET
ONE
17 ASOMEO ENVIRONMENTAL
RESTORATION INDUSTRY, LLC, a
18 California Corporation and PHILLIPS &
.lORDAN ENVIRONMENTAL SERVICES
19 LLC, a Delaware Corporation and DOES 1-10, Action Filed: August 16, 2019
20 Defendants.
21
22 ROPOUNDING PARTY: PLAINTIFF-IAY ROBINSON
23 RESPONDING PARTY: DEFENDANT ASOMEO ENVIRONMEN TAL
24 RESTORATION INDUSTRY, LLC
25 SET NO.: ONE
26 NUMBERS: 1-74
27 Pursuant to California Code of Civil Procedure §2031.010 et seq.. Defendant ASOMEO
28 ENVIRONMEN TAL RESTORATION INDUSTRY, LLC (hereafter referred to as "Defendant")
[BMS 483.V8298-4382.I i
BRISBOIS
BSGAARD DEFENDAN T ASOMEO ENVIRONMEN TAL RES TORATION INDUSTRY, LLC'S RESPONSE TO
ATDflMEVSATLAW SUPPLEMEN TAL REQUEST I-OR PRODUCTION OF DOCUMENTS, SET ONE
responds to Plaintiff JAY ROBlNSON's Request for Production of Documents, Set One, as
2 follows:
3 GENERAL STATEMENT
4 Discovery in this action is continuing, and Defendant has not yet had a reasonable
5 opportunity to complete its investigation. The following responses and objections stale
6 Defendant's knowledge, information and belief as ofthe date of such responses and Defendant
7 expressly reserves its right to rely upon and/or introduce into evidence at trial such additional
8 information or facts as it may discover hereafter.
9 GENERAL OBJECTIONS
10 The following general objections are incorporated into each response below as if set forth
11 therein in full.
12 1. Defendant objects to the Request for Production of Documents to the extent that
13 they seek infonnation which contains or relates lo confidential communications between attorney
14 and client on the ground of attorney-client privilege. Such information will not be provided. To
15 the extent the Request for Production of Documents are so vague and ambiguous that they can be
16 interpreted to call for privileged or protected information, Defendant interprets these requests so as
17 not to call for any privileged or protected information. In the event any privileged information is
18 inadvertently provided, that shall not be construed as a waiver ofthe applicable privilege(s).
19 2. Defendant objects to the Request for Production of Documents to the extent they
20 seek information which contains or relates to research, investigation, or analysis under the
21 supervision and direction of its attorneys or in anticipation of or preparation for trial of this action,
22 on the ground that such information is protected by the work product doctrine.
23 3. Defendant objects to the Request for Production of Documents to the extent that
24 they seek information which is neither relevant nor likely to lead to the discovery of admissible
25 evidence.
26 4. Defendant objects to the Request for Production of Documents to the extent they
27 are premature, unduly burdensome, oppressive and harassing at this stage of the litigation,
28 .discovery may supply additional facts which may lead to substantial additions to, changes in, and
LB/ViS 48.^.S-8298-4.3«2,l 2
ERSBOIS
BSGAAFiD DET'ENDAN'T ASOMEO ENVIRONMEN TAL RES TORA TION INDUSI RY, LLC'S RESPONSE TO
&svimup SUPPLEMEN TAL REQUES T FOR PRODUCTION OF DOCUMENTS, SE T ONE
A1lOf*iC>SAllAW
variations from the responses set forth herein.
5. Defendant does not concede the relevance or materiality of any information
3 requested or provided or ofthe subject matter to which such information refers. Defendant's
4 answers are provided subject to and without waiving any objections as to the competence,
5 relevance, materiality or admissibility as evidence or for any other purpose, of any ofthe
6 information referred to in these responses, or ofthe subject matter covered by these responses, in
7 any subsequent proceeding, including the trial of this action or of any other action.
8 REQUEST FOR PRODUCTION NO. 1:
9 All contents of PLAINTIFFS' personnel file.
10 RESPONSE TO REQUEST FOR PRODUCTION NO. 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 grounds that the request
16 seeks documents 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 REQUEST FOR PRODUCTION NO. 2:
21 All WRITINGS and ELECTRONIC WRITINGS rellecting paystubs YOU issued to
22 ^LAINTFF during the RELATIONSHIP.
23 RESPONSE TO REQUEST FOR PRODUCTION NO. 2:
24 Defendant objects to this request to the extent it seeks documents in violation ofthe
25 attorney client privilege and work product doctrines. Defendant objects on the grounds that the
26 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it
27 s irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence.
28 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on
LBA/IS 483,S-
Preview
PATRICIA A. SAVAGE (SBN 236235) 1 SAVAGE & LAMB, P.C. 1550 Humboldt Road, Suite 4 2 Chico, CA 95928 Telephone: (530) 809-1851 3 Facsimile: (530) 592-3865 Email: psavesq@gmail.com Fllil07eiD0RSE 4 SEP \ 0 2020 5 Attorney for Plaintiffs, A. Manias 6 JAY ROBINSON and By: np.nijtv Clerk HUGO PINEDA, individually and on 7 behalf of all others similarly situated 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 JAY ROBINSON and 11 HUGO PINEDA, individually and on behalf of Case No. 34-2019-00262942 12 all others similarly situated. DECLARATION OF PATRICIA A. 13 SAVAGE IN SUPPORT OF PLAINTIFF'S Plaintiffs, MOTION TO COMPEL A FURTHER 14 RESPONSE TO REQUEST FOR PRODUCTION 15 16 ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC, a Hearing Date: 9/23/2020 17 Califomia Corporation and PHILLIPS & Time: 9:00 a.m. JORDAN, INC., a North Carolina Corporation, Dept.: 54 18 and DOES 1-10, 19 Action Filed: 08/16/2019 20 Defendants. 21 22 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 if 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 Production 1 2. On or about April 2, 2020, my office served onto Defendant Asomeo 2 Envirormiental Restoration Industry's counsel Plaintiffs Request for Production, Set One. 3 A tme and correct copy of the Plaintiffs Request for Production, 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 tme 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 communication is attached hereto as Exhibit C. 11 5. On or about June 18, 2020, Defendant served discovery responses to 12 Plaintiffs propounded request for production. A tme and correct copy of Defendant's 13 response to Plaintiffs Request for Production, 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 counsel decided to take the 20 offered two-week extension, imtil July 6, 2020, to provide substantive responses. A tme 21 and correct copy of the 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 2 4 and correct copy of the correspondence is attached hereto as Exhibit F. 25 8. On or about July 13, 2020,1 again met and conferred via electronic 2 6 communication with Defendant's coimsel regarding Defendant's failure to provide 27 responses to Plaintiffs propounded discovery. Coimsel for Defendant stated they were 28 Declaration of Patricia Savage in Support of Motion to Compel Further Responses to Plaintiffs Request for Production 1 only waiting on signed verifications forms from their client, and that responses would be 2 served soon. A tme and correct copy of the communication is attached hereto as Exhibit G. 3 9. On August 7, 2020, Defendant's coimsel 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 communication is attached hereto as Exhibit H. 8 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 four hours in the preparation ofthe motion to compel, the separate statement 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 $3,310.00. 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: August B ,2020 22 Patricia Savage 23 24 25 26 27 28 Declaration of Patricia Savage in Support of Motion to Compel Further Responses to Plaintiffs Request for Production Proof of Service I, Robert Towne, am a citizen of the United States and employed in the County of Butte. I 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 of business on the same day. On August 13, 2020,1 served the within: NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION, SET ONE; AND MOTION FOR SANCTIONS SEPARATE STATEMENT OF ITEMS IN DISPUTE IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION DECLARATION OF PATRICIA A. SAVAGE IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSE TO REQUEST FOR PRODUCTION By e-mail or electronic transmission: I caused a copy of the document(s) to be sent from e-mail address roberttowne.savagelaw@gmail.com to the persons at the e-mail addresses listed below. I did not receive, wathin a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Shane Singh Lewis Brisbois 2020 West El Camino Avenue Suite 700 Sacramento, CA 95833 Shane. singh(^lewisbri sbois.com The following is a procedure in which service of this document was effected: XXXX Electronic Service: shane.singh@lewisbrisbois.com; George.theofanis@lewisbrisbois.com; anne.french@lewisbrisbois.com; Nolan.kessler@lewisbrisbois.com I declare under penalty of perjury that the foregoing is tme and correct under the laws of the State of Califomia and that this declaration was executed on August 13, 2020, at Chico, California. EXHIBIT A PATRICIA A. SAVAGE, SBN 236235 SAVAGE & L A M B , 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 COUNTY OF SACRAMENTO 10 11 Case No. 34-2019-00262942 JAY ROBINSON and 12 HUGO PINEDA, individually and on behalf of 13 all others similarly situated. PLAINTIFFS' SUPPLEMENTAL 14 REQUEST FOR PRODUCTION OF Plaintiffs, DOCUMENTS, 15 SET ONE 16 ASOMEO ENVIRONMENTAL 17 RESTORATION INDUSTRY, LLC, a California Corporation and 18 PHILLIPS 8c JORDAN, INC., a North Carolina 19 Corporation and DOES 1-10, 20 Defendants. 21 22 PROPOUNDING PARTY: JAY ROBINSON 23 RESPONDING PARTY: ASOMEO ENVIRONMENTAL 24 RESTORATION INDUSTRY, L L C 25 SET NUMBER: ONE 26 27 DEMAND IS HEREBY MADE pursuant to California Code of Civil Procedure Section 28 2031.010 et seq. that you produce and permit inspection and copying od the documents described PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE 1 below. Within 30 days of this demand you are also required to serve on this party a response to 2 this demand as specified in California Code of Civil Procedure Sections 2031.210, 2031.220 and 3 2031.230. The place of inspection shall be Law Office of Savage, Lamb & Lunde, 1550 4 Humboldt Road Suite 4, Chico, CA 95928. The date and time for such inspection shall be on or 5 before the date required by the statute and continuing so long as reasonably required. 6 7 DEFINITIONS 8 A. "DOCUMENTS" as used herein shall mean all tangible things including, 9 without limitation, E-MAILS, tape recordings or other forms of recordings, correspondence, 10 records, memoranda, notes, letters, messages, (including, but not limited to, reports of telephone 11 conversations and conferences), studies, analyses, books, magazines, newspapers, booklets, 12 circulars, bulletins, interactions, minutes, or other written communications (including, but not 13 limited to, inter- and intra-office communications), questionnaires, surveys, contracts, orders, 14 records or summaries of negotiations, records, notes or summaries of personal interviews or 15 conversations, diaries, schedules, printouts, statistical statements, forecasts, discs, data cards, 16 films, data processing files, and other computer readable records or programs, catalogues, 17 brochures, all other written or printed matter of any kind, all other data compilations from which 18 information can be obtained and translated, if necessary, all other tangible things, and all things 19 that come within the definition of "writing" contained in Rule 1001 of the Federal Rules of 20 Evidence (including, but not limited to , all forms of tangible expression, including pictures and 21 sound recordings). Every draft or non-identical copy of a DOCUMENT is a separate 22 DOCUMENT and must be produced in response hereto. As used herein, the term "E-MAILS" 23 shall mean the exchange of text messages and computer files over a communications network, 24 such as a local area network, intranet, extranet, or public network such as the Internet or other 25 online service provider. 26 B "ELECTRONIC RECORD ' and "ELECTRONIC RECORDS " mean 27 electronically stored information including all computer, computerized and electronic records of 28 all computer or electronically generated, produced, maintained, operated or stored databases, PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE 1 programs, data, records, fields, files, file lists, file menus, directories, scanned material, images, 2 recordings, messages, transmissions, electronic mail, calendars, diaries, notes, correspondence, 3 memoranda, spreadsheets, forms, operating instructions, manuals, notices, invoices, agreements, 4 distribution lists and acknowledgements of receipt. All ELECTRONIC RECORDS should be 5 produced in their native format or in a readable and usable electronic or computerized format as 6 otherwise agreed to by the parties. 7 C "YOU" or "YOUR" and "YOUR FACILITY" means Defendant ASOMEO 8 ENVIRONMENTAL RESTORATION INDUSTRY (AERI) and their managers, investigators 9 or attorneys. 10 D. "PLAINTIFF" individually means JAY ROBINSON. 11 E. "COVERED MEMBERS" means all employees employed by YOU during the 12 COVERED PERIOD 13 F. "EVIDENCE, REFER TO OR RELATE TO" means regarding, pertaining to, 14 concerning, referring to, mentioning, discussing, supporting, evidencing, constituting, 15 contradicting, or refuting, in whole or in part, directly or indirectly, the subject matter of the 16 request. 17 G. "REGARDING" means pertaining to, relating to, about, referring to, and 18 contained in. 19 H. "COVERED PERIOD" means the period of time which includes four years prior 20 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 which 22 is made in response to an unsatisfactory or unacceptable situation. 23 INSTRUCTIONS 24 A. "And" as well as "or" shall be construed disjunctively or conjunctively so as to 25 bring within the scope of each interrogatory that otherwise might be construed to be outside of its 2 6 scope. 27 B. "Any" as well as "all" shall each be understood to mean "any and all," so as to 28 bring within the scope of each request that otherwise might be construed to be outside of its scope. 3 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 C. Each category of DOCUMENTS or other tangible things demanded herein shall be 2 construed independently and shall not be limited by reference to any other such category. 3 D. The past tense shall be construed as the present tense or the future tense, the present 4 tenses as the past or the future tense, and the future tense as the present or past tense, so as to bring 5 within the scope of each demand for all DOCUMENTS or other tangible things that might 6 otherwise be construed to be outside its scope. 7 E. The singular tense shall be construed as the plural and the plural as the singular so 8 as to bring within the scope of each demand for all DOCUMENTS or other tangible things that 9 otherwise might be construed to be outside its scope. 10 F. If a demand calls for the production of any writing as to which Responding Party 11 claims a privilege or work product as a ground for withholding such writing, set forth with respect 12 to each such writing facts of sufficient specificity to permit the Court to make a full determination 13 as to whether the claim of privilege or work product is valid, including each and every fact or 14 basis upon which said privilege or work product is claimed. In particular, and without limiting the 15 generality of the foregoing, set forth with respect to each such writing: 16 (1) the author of the writing; 17 (2) the addressee, if any, and those PERSONS, if any, specified in the writing 18 to receive a copy thereof, as well as all known recipients of the writing; 19 (3) the title of the writing, if any; 20 (4) the type of the writing, (e.g. minutes, letter, memorandum, chart, report, 21 handwritten notes); 22 (5) the current location of the writing; 23 (6) the identification of each and every person who participated in any way in 24 the preparation of that writing; 25 (7) the date on which the writing was prepared; 26 (8) the date on which the writing was sent or received by a Responding Party, 27 as the case may be; 28 (9) the name, title, home and business address, and home and business 4 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 telephone number of the current custodian of the writing; 2 (10) the identity of all PERSONS to whom the substance of the documents was 3 transmitted, or who saw such documents, and under what circumstances; and 4 (11) each and every fact or basis upon which such privilege or work product is 5 claimed. 6 G. If a demand calls for the production of a writing which has been destroyed, placed 7 beyond Responding Party's possession, custody, or control, or otherwise disposed of, set forth 8 with respect to each such writing: 9 (1) the author of the writing; 10 (2) the addressee, if any, and those PERSONS, if any, specified in the writing 11 to receive a copy thereof, as well as all known recipients of the writing; 12 (3) the title of the writing, if any; 13 (4) the type of the writing (e.g., minutes, letter, memorandum, chart, report, 14 handwritten notes); 15 (5) the date on which the writing was prepared; 16 (6) the date on which the writing was sent or received by a Responding Party, 17 as the case may be; 18 (7) the identity of all PERSONS to whom the substance of the writing was 19 transmitted, or who saw such writing, and under what circumstances; 20 (8) the present or last known locations of the writing, if not destroyed; and 21 (9) the name, title, home and business address, and home and business 22 telephone number of the current or last known custodian of the writing; 23 H. Each demand requires the production of DOCUMENTS and other materials in the 24 same form and in the same order in which they existed prior to production. DOCUMENTS are to 25 be produced in the boxes, filed folders, bindings, or other containers in which the documents are 26 found or the information is stored. The title, labels or other descriptions of the boxes, file folders, 27 binders or other containers are to be left intact. 28 5 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE 1 REQUEST FOR PRODUCTION OF DOCUMENTS 2 3 REQUEST NO. 1: 4 All contents of PLAINTIFFS' personnel file. 5 REQUEST NO. 2: 6 All WRITINGS and ELECTRONIC WRITINGS reflecting paystubs YOU issued to 7 PLAINTFF during the RELATIONSHIP. 8 REQUEST NO. 3: 9 All WRITINGS and ELECTRONIC WRITINGS, including drafts and revisions, 10 containing job descriptions, weather complete or partial, YOU used for any position PLAINTIFF 11 held during the RELATIONSHIP. 12 REQUEST NO. 4: 13 All WRITINGS and ELECTRONIC WRITINGS RELATING to job evaluations YOU 14 created of PLAINTFFS' job performance during the RELATIONSHIP. 15 REQUEST NO. 5: 16 All WRITINGS and ELECTRONIC WRITINGS RELATING to any job training that 17 YOU provided to PLAINTIFF during the RELATIONSHIP. 18 REQUEST NO. 6; 19 Any and all of YOUR manuals (e.g., handbooks, policy memoranda, etc.) governing 20 PLAINITFFS' employment with YOU during the RELATIONSHIP. 21 REQUEST NO. 7: 22 All WRITINGS and ELCTRONIC WRITINGS reflecting any of YOUR policies during 23 the COVERED PERIOD RELATING to keeping track of YOUR employees' hours worked. 24 REQUEST NO. 8: 25 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 26 the COVERED PERIOD RELATING to overtime. 27 REQUEST NO. 9: 28 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 6 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE 1 the COVERED PERIOD RELATING to minimum wages. 2 REQUEST NO. 10: 3 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 4 the COVERED PERIOD RELATING to meal periods. 5 REQUEST NO. 11: 6 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 7 the COVERED PERIOD RELATING to rest periods. 8 REQUEST NO. 12: 9 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 10 the COVERED PERIOD RELATING wage statements. 11 REQUEST NO. 13: 12 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 13 the COVERED PERIOD RELATING to reimbursement expenses. 14 REQUEST NO. 14: 15 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 16 the COVERED PERIOD RELATING to YOUR employees' use of a personal cell phone for work 17 purposes. 18 REQUEST NO. 15: 19 All WRITINGS and ELECTRONIC WRITINGS reflecting any of YOUR policies during 20 the COVERED PERIOD RELATING to YOUR use of an ALTERNTIVE WORK WEEK. 21 REQUEST NO. 16: 22 Any and all of PLAINTIFFS' work schedules that YOU created for PLAINTIFFS to work 23 during the RELATIONSHIP. 24 REQUEST NO. 17: 25 All WRITINGS and ELECTRONIC WRITINGS reflecting the hours that PLAINITFF 26 worked for YOU during the RELATIONSHIP. 27 REQUEST NO. 18: 28 All WRITINGS and ELECTRONIC WRITINGS reflecting all overtime wages YOU paid PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 to PLAINTIFF during the RELATIONSHIP. 2 REQUEST NO. 19: 3 All WRITINGS and ELECTRONIC WRITINGS reflecting all wages YOU paid to 4 PLAINTIFF during the RELATIONSHIP. 5 REQUEST NO. 20: 6 All WRITINGS and ELECTRONIC WRITINGS showing the meal periods that 7 PLAINITFFS took during the RELATIONSHIP. 8 REQUEST NO. 21: 9 All WRITINGS and ELECTRONIC WRITINGS showing the meal periods that YOU 10 made available to PLAINTIFFS during the RELATIONSHIP. 11 REQUEST NO. 22: 12 All WRITINGS and ELECTRONIC WRITINGS showing the rest periods that 13 PLAINITFFS took during the RELATIONSHIP. 14 REQUEST NO. 23: 15 All WRITINGS and ELECTRONIC WRITINGS showing the rest periods that YOU made 16 available to PLAINITFFS during the RELATIONSHIP. 17 REQUEST NO. 24: 18 All WRITINGS and ELECTRONIC WRITINGS showing any reimbursement expenses 19 YOU paid to PLAINTIFFS during the RELATIONSHIP. 20 REQUEST NO. 25: 21 All WRITINGS and ELECTRONIC WRITINGS showing any reimbursement expenses 22 YOU paid to PLAINTIFF for the use of their personal cell phone for work purposes during the 23 RELATIONSHIP. 24 REQUEST NO. 26: 25 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 26 PLAINITFFS and YOU about overtime wages during the RELATIONSHIP. 27 REQUEST NO. 27: 28 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 8 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE 1 PLAINITFFS and YOU about minimum wages during the RELATIONSHIP. 2 REQUEST NO. 28: 3 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 4 PLAINITFFS and YOU about meal periods during the RELATIONSHIP. 5 REQUEST NO. 29: 6 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 7 PLAINITFFS and YOU about rest periods during the RELATIONSHIP. 8 REQUEST NO. 30: 9 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 10 PLAINITFFS and YOU about wage statements during the RELATIONSHIP. 11 REQUEST NO. 31: 12 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 13 PLAINITFFS and YOU about reimbursement expenses during the RELATIONSHIP. 14 REQUEST NO. 32: 15 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 16 PLAINITFFS and YOU about keeping track of hours worked during the RELATIONSHIP. 17 REQUEST NO. 33: 18 Any and all of COVERED MEMBERS' work schedules that YOU created for COVERED 19 MEMBERERS to work during the COVERED PERIOD. 20 REQUEST NO. 34: 21 All WRITINGS and ELECTRONIC WRITINGS reflecting the hours that COVERED 22 MEMBERS worked for YOU during the COVERED PERIOD. 23 REQUEST NO. 35: 24 All WRITINGS and ELECTRONIC WRITINGS reflecting all overtime wages YOU paid 25 to COVERED MEMBERS during the COVERED PERIOD. 26 REQUEST NO. 36: 27 All WRITINGS and ELECTRONIC WRITINGS reflecting all wages YOU paid to 28 COVERED MEMEBERS during the COVERED PERIOD. 9 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 REQUEST NO. 37: 2 All WRITINGS and ELECTRONIC WRITINGS showing the meal periods that 3 COVERED MEMBERS took during the COVERED PERIOD. 4 REQUEST NO. 38: 5 All WRITINGS and ELECTRONIC WRITINGS showing the meal periods that YOU 6 made available to COVERED MEMBERS during the COVERED PERIOD. 7 REQUEST NO. 39: 8 All WRITINGS and ELECTRONIC WRITINGS showing the rest periods that COVERED 9 MEMBERS took during the COVERED PERIOD. 10 REQUEST NO. 40: 11 All WRITINGS and ELECTRONIC WRITINGS showing the rest periods that YOU made 12 available to COVERED MEMBERS during the COVERED PERIOD. 13 REQUEST NO. 41: 14 All WRITINGS and ELECTRONIC WRITINGS showing reimbursement expenses that 15 YOU paid to COVERED MEMBERS during the COVERED PERIOD. 16 REQUEST NO. 42: 17 All WRITINGS and ELECTRONIC WRITINGS showing reimbursement expenses that 18 YOU paid to COVERED MEMBERS for use of their personal cell phone for work purposes 19 during the COVERED PERIOD. 20 REQUEST NO. 43: 21 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 22 COVERED MEMEBERS and YOU about overtime wages during the COVERED PERIOD. 23 REQUEST NO. 44: 24 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 25 COVERED MEMEBERS and YOU about minimum wages during the COVERED PERIOD. 26 REQUEST NO. 45: 27 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 28 COVERED MEMEBERS and YOU about meal periods during the COVERED PERIOD. 10 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 REQUEST NO. 46: 2 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 3 COVERED MEMEBERS and YOU about rest periods during the COVERED PERIOD. 4 REQUEST NO. 47: 5 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 6 COVERED MEMEBERS and YOU about wage statements during the COVERED PERIOD. 7 REQUEST NO. 48: 8 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between 9 COVERED MEMEBERS and YOU about reimbursement expenses during the COVERED 10 PERIOD. ' 11 REQUEST NO. 49: 12 All WRITINGS and ELECTRONIC WRITINGS reflecting communications between I 13 COVERED MEMEBERS and YOU about keeping track of hours worked during the COVERED 14 PERIOD. 15 REQUEST NO. 50: 16 Any and all of YOUR insurance policies that may cover the claims alleged in 17 PLAINTIFFS' COMPLAINT. 18 REQUEST NO. 51: 19 Any and all WRITINGS and ELECTRONIC WRITINGS YOU identified in response to 20 PLAINTIFFS' Request for Supplemental Special Interrogatories, Set One to YOU. 21 REQUEST NO. 52: 22 Any and all WRITINGS and ELECTRONIC WRITINGS YOU identified in response to 23 PLAINTIFFS' Request for Form Interrogatories, General, Set One to YOU. 24 REQUEST NO. 53: 25 Any and all WRITINGS and ELECTRONIC WRITINGS YOU identified in response to 26 PLAINTIFFS' Request for Form Interrogatories, Employment Law, Set One to YOU. 27 REQUEST NO. 54: 28 Any and all WRITINGS and ELECTRONIC WRITINGS supporting YOUR contention 11 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS. SET ONE 1 that any penalties awarded under Labor Code section 2699 et seq. would result in an award that is 2 unjust, arbitrary and oppressive, or confiscatory. 3 REQUEST NO. 55: 4 Any and all WRITINGS and ELECTRONIC WRITINGS RELATING to YOUR financial 5 state, including balance sheets, profit and loss statements, debts, and assets that support YOUR 6 contention that that any penalties awarded under Labor Code section 2699 et seq. would result in 7 an award that is unjust, arbitrary and oppressive, or confiscatory. 8 REQUEST NO. 56: 9 Any and al WRITINGS and ELCTRONIC WRITINGS supporting YOUR contention that 10 you properly instituted an Alternative Work week for YOUR covered employees during the 11 COVERED period. 12 REQUEST NO. 57: 13 Any and all WIRTINGS and ELCTRONIC WRITINGS which IDENTIFY any complaints 14 received by YOU from PLAINTIFF regarding wages during the COVERED PERIOD. 15 REQUEST NO. 58: 16 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all complaints 17 made to any ANGENCY regarding safety and health at YOUR facility during the COVERED 18 PERIOD. 19 REQUEST NO. 59: 20 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all complaints 21 made to YOU regarding employee compensation during the COVERED PERIOD, 22 REQUEST NO. 60: 23 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all complaints 24 made to YOU regarding per diem pay during the COVERED PERIOD. 25 26 REQUEST NO. 61: 27 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY any and all per 28 diem pay paid to the COVERED MEMEBERS during the COVERED PERIOD. 12 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 REQUEST NO. 62: 2 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY any and all per 3 diem pay paid to PLAINTIFF during the COVERED PERIOD. 4 REQUEST NO. 63: 5 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY YOUR 6 contractual relationship with PHILLIPS & JORDAN, INC. 7 REQUEST NO. 64: . 8 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all 9 correspondence between YOU and PHILLIPS & JORDAN, INC. 10 REQUEST NO. 65: 11 Any and all WRITINGS and ELCTRONIC WRITINGS which IDENTIFY all employees 12 YOU have had since YOUR formation. 13 REQUEST NO. 66: 14 Please produce all DOCUMENTS setting forth YOUR policies or practices relating to the 15 compensation ofthe PUTATIVE CLASS MEMBERS that were in effect during the RELEVANT 16 TIME PERIOD. 17 REQUEST NO. 67: 18 Please produce all DOCUMENTS setting forth YOUR policies or practices relating to the 19 scheduling ofthe PUTATIVE CLASS MEMBERS that were in effect during the RELEVANT 20 TIME PERIOD. 21 REQUEST NO. 68: 22 Please produce all DOCUMENTS setting forth YOUR policies or practices relating to 23 wage-and-hour policy training provided to the PUTATIVE CLASS MEMBERS during the 24 RELEVANT TIME PERIOD. 25 REQUEST NO. 69: 26 Please produce all DOCUMENTS reflecting YOUR communications with PUTATIVE 27 CLASS MEMBERS relating to YOUR wage-and-hour policies and procedures during the 28 RELEVANT TIME PERIOD. 13 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE REQUEST NO. 70: 2 Please produce all DOCUMENTS reflecting YOUR communications with PUTATIVE 3 CLASS MEMBERS' supervisors, managers, and/or other superiors relating to YOUR wagc-and- 4 hour policies and procedures during the RE LEV ANT TIME PERIOD. 5 REQUEST NO. 71: 6 Please produce all DOCUMENTS pertaining to the MEAL BREAKS taken by 7 PUTATIVE CLASS MEMBERS during the RELEVANT TIME PERIOD. REQUEST NO. 72: 9 Please produce all DOCUMENTS pertaining to the REST BREAKS taken by PUTATIVE 10 CLASS MEMBERS during the RELEVANT TIME PERIOD. 1.1. REQUEST NO. 73: 12 Please produce all DOCUMENTS pertaining to any REST BREAK premiums paid to 13 PUTATIVE CLASS MEMBERS during the RELEVANT TIME PERIOD. 14 REQUEST NO. 74: 15 Please produce all DOCUMENTS pertaining to any reimbursements for BUSINESS 16 EXPENSES paid to PUTA TIVE CLASS MEMBERS during the RELEVAN T TIME PERIOD 17 18 19 Dated: April 2020 Respeclljy 20 2I 22 Sa^/agk Laim) & Lunde, PC 23 Patiicia ATTSavage Attorney for Plaintiff 24 25 26 27 28 14 PLAINTIFFS' SUPPLEMENTAL REQUESi' FOR PRODUCTION OF DOCUMENTS, SET ONE Proof of Sci vicc I, Angela Hooper, am a citizen ofthe 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 ordinaiy course of business on the same day. On April 2, 2020, I 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 IO DEFENDAN 1 AERI FORM INTERROGATORIES GENERAL SET ONE FO DEFENDANT AERI DECLARATION FOR ADDITIONAL DISCOVER RE SUPPLEMENTAL SPECIAL INTERROGATORIES SET ONE TO DEFENDANT AERI On the parties below by placing a true copy thereof in a .sealed envelope and served same on the parties/counsel, addressed as follows: Shane Singh Darwin A. Hindman, 111 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 Tallman Sheppard Mullin Four Embarcadero Center, 17"' Floor San Francisco, CA 9411 1 'he following is a procedure in which service of this document was effected: XXXX U.S. Po.stal Service (by placing for collection and deposit in the United Stales mail a copy of said document at Chico, CA). 1 declare under penalty of peijury that the foregoing is true and corr&t under the laws of the State of California and that this declaration was executed on April 2, 292,0, at Chico, California. AngelalTooper S1ISIHX3 From: Patricia Savage [mailto:. „esc]@cjmaii.cgm] Sent: Wednesday, May 6, 2020 6:52 AM To: Kessler, Nolan Cc: Singh, Shane; Theofanis, George; French, Anne; Angela Hooper; Hindman, Skip; erlambiaw@gmai!.com Subject: [EXTERNAL] Re: Robinson v. AERI - Extension of AERI's Deadline to Respond to Plaintiffs Supplemental Discovery Requests ExfeYrial-Email 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 lewisbrjsbois.com> 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 T: 916.646.8287 F: 916.564.5444 2020 West El Camino Avenue, Suite 700, Sacramento, CA 95833 | LewisBrisbois.com Representing clients from coast to coast. View our locations nationwide. This e-maii may contain or attach privileged, confidsntial or protected information intended onl'/ for the use oi If: intended recipient, i'you are not the intended recipient, any review cr use of it is strictly prohibited. If you have received this e- niaii in e>.'cr, you S'e reqi; -ea tc neiity the sender, then deietethis email and any attachment from your cornpi-ter and any o'" yoiU' electronic de\"Ces ivcrere the rneEsacfi is stored From: Patricia Savage [mailto:, esc|(a)qmail.com1 Sent: Monday, June 1, 2020 9:52 AM To: Kessler, Nolan Cc: Singh, Shane; Theofanis, George; French, Anne; Angela Hooper; Hindman, Skip; eriamblaw@qmail.cQm 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 Defendant's deadline to respond to Plaintiff's discovery requests? This extension would make Defendant's new deadline July 2, 2020. Please let us know if you are agreeable to this extension. Thank you. Best, Nolan 1 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 4 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 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SACRAMENTO 12 13 JAY 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 RESPONSE TO SUPPLEMENTAL REQUEST FOR 16 vs. PRODUCTION OF DOCUMENTS, SET ONE 17 ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC, a 18 California Corporation and PHILLIPS & .lORDAN ENVIRONMENTAL SERVICES 19 LLC, a Delaware Corporation and DOES 1-10, Action Filed: August 16, 2019 20 Defendants. 21 22 ROPOUNDING PARTY: PLAINTIFF-IAY ROBINSON 23 RESPONDING PARTY: DEFENDANT ASOMEO ENVIRONMEN TAL 24 RESTORATION INDUSTRY, LLC 25 SET NO.: ONE 26 NUMBERS: 1-74 27 Pursuant to California Code of Civil Procedure §2031.010 et seq.. Defendant ASOMEO 28 ENVIRONMEN TAL RESTORATION INDUSTRY, LLC (hereafter referred to as "Defendant") [BMS 483.V8298-4382.I i BRISBOIS BSGAARD DEFENDAN T ASOMEO ENVIRONMEN TAL RES TORATION INDUSTRY, LLC'S RESPONSE TO ATDflMEVSATLAW SUPPLEMEN TAL REQUEST I-OR PRODUCTION OF DOCUMENTS, SET ONE responds to Plaintiff JAY ROBlNSON's Request for Production of Documents, Set One, as 2 follows: 3 GENERAL STATEMENT 4 Discovery in this action is continuing, and Defendant has not yet had a reasonable 5 opportunity to complete its investigation. The following responses and objections stale 6 Defendant's knowledge, information and belief as ofthe date of such responses and Defendant 7 expressly reserves its right to rely upon and/or introduce into evidence at trial such additional 8 information or facts as it may discover hereafter. 9 GENERAL OBJECTIONS 10 The following general objections are incorporated into each response below as if set forth 11 therein in full. 12 1. Defendant objects to the Request for Production of Documents to the extent that 13 they seek infonnation which contains or relates lo confidential communications between attorney 14 and client on the ground of attorney-client privilege. Such information will not be provided. To 15 the extent the Request for Production of Documents are so vague and ambiguous that they can be 16 interpreted to call for privileged or protected information, Defendant interprets these requests so as 17 not to call for any privileged or protected information. In the event any privileged information is 18 inadvertently provided, that shall not be construed as a waiver ofthe applicable privilege(s). 19 2. Defendant objects to the Request for Production of Documents to the extent they 20 seek information which contains or relates to research, investigation, or analysis under the 21 supervision and direction of its attorneys or in anticipation of or preparation for trial of this action, 22 on the ground that such information is protected by the work product doctrine. 23 3. Defendant objects to the Request for Production of Documents to the extent that 24 they seek information which is neither relevant nor likely to lead to the discovery of admissible 25 evidence. 26 4. Defendant objects to the Request for Production of Documents to the extent they 27 are premature, unduly burdensome, oppressive and harassing at this stage of the litigation, 28 .discovery may supply additional facts which may lead to substantial additions to, changes in, and LB/ViS 48.^.S-8298-4.3«2,l 2 ERSBOIS BSGAAFiD DET'ENDAN'T ASOMEO ENVIRONMEN TAL RES TORA TION INDUSI RY, LLC'S RESPONSE TO &svimup SUPPLEMEN TAL REQUES T FOR PRODUCTION OF DOCUMENTS, SE T ONE A1lOf*iC>SAllAW variations from the responses set forth herein. 5. Defendant does not concede the relevance or materiality of any information 3 requested or provided or ofthe subject matter to which such information refers. Defendant's 4 answers are provided subject to and without waiving any objections as to the competence, 5 relevance, materiality or admissibility as evidence or for any other purpose, of any ofthe 6 information referred to in these responses, or ofthe subject matter covered by these responses, in 7 any subsequent proceeding, including the trial of this action or of any other action. 8 REQUEST FOR PRODUCTION NO. 1: 9 All contents of PLAINTIFFS' personnel file. 10 RESPONSE TO REQUEST FOR PRODUCTION NO. 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 grounds that the request 16 seeks documents 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 REQUEST FOR PRODUCTION NO. 2: 21 All WRITINGS and ELECTRONIC WRITINGS rellecting paystubs YOU issued to 22 ^LAINTFF during the RELATIONSHIP. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 2: 24 Defendant objects to this request to the extent it seeks documents in violation ofthe 25 attorney client privilege and work product doctrines. Defendant objects on the grounds that the 26 request is overbroad as to time and scope. Defendant objects to this request on the grounds that it 27 s irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 28 Defendant objects on the grounds that the request is vague and ambiguous. Defendant objects on LBA/IS 483,S-