Preview
1 KEITH A. JACOBY, Bar No. 150233
2
kiacobv(a)littler.com
BRADLEY E. SCHWAN, Bar No. 246457
FILED/ENDORSED
bschwan@.littler. com
3 NATHANIEL H. JENKINS, Bar No. 312067 SEP 2 h 2020
njenkiDsfa),! ittler. com
4 LITTLER MENDELSON, PC. K. Soichka
500 Capitol Mall, Suite 2000 By: Deputy C(erl(
5 Sacramento, CA 95814
Telephone: 916.830.7200
6 Fax No.: 916.561.0828
7 Attomeys for Defendants Primeritus Financial
Services, Inc., and Chris McGinness
8
Alejandro P. Gutierrez, SBN 107688
9 agutierrez@hathawavlawfirm.com
HATHAWAY, PERRETT, WEBSTER, POWERS,
10 CHRISMAN & GUTIERREZ, APC
5450 Telegraph Road, Suite 200
-n 11 Ventura, CA 93006-3577
O Telephone: (805)644-7111
Facsimile: (805) 644-8296
X 12
13 Daniel J. Palay, SBN 159348
dip@calemplovmentcoimsel.com
14 Brian D. Hefelfinger, SBN 253054
bdh(5).calemplovmentcounsel.com
15 PALAY HEFELFINGER, APC
1746 S. Victoria Avenue, Suite 230
16 Ventura, Califomia 93003
Tel: (805) 628-8220
17 Fax:(805)765-8600
18 Attomeys for Plaintiff John Boudreau
19 SUPERIOR COURT OF CALIFORNIA
20 COUNTY OF SACRAMENTO
21 JOHN BOUDREAU, an individual, on Case No. 34-2018-00247272
behalf of himself and all others similarly
22 situated. Assigned to Department 41, Hon. David De Alba
23 Plaintiff, JOINT CASE MANAGEMENT
CONFERENCE STATEMENT
24 V.
Date: October 9, 2020
25 PRIMERITUS FINANCIAL SERVICES, Time: 11:00 am
INC., A Delaware corporation; CHRIS Dept.: 41 [Via Zoom]
26 McGINNESS, an individual; and DOES 1
through 10, inclusive. Complaint filed: December 27, 2018
27 FAC filed: April 12, 2019
Trial Date: Not Set
28 Defendants.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 Plaintiff JOHN BOUDREAU ("Plaintiff) and Defendant PRIMERITUS FINANCIAL
2 SERVICES, INC. ("Defendant") (together, the "Parties") hereby submit the following Joint Case
3 Management Conference Statement for the Case Management Conference on October 9,2020 at 11:00
4 a.m. in Department 41.
5 L STATUS OF THE CASE
6 Plaintiff filed this Class Action matter on December 27, 2018. PlaintifTs First
7 Amended Complaint (filed April 12,2019) alleges seven causes of action: (1) Failure to Pay Minimum
8 Wage; (2) Failure to Timely Pay Wages (Waiting Time Penalities); (3) Failure to Provide Rest
9 Periods; (4) Failure to Provide Meal Periods; (5) Failure to Provide Accurate Wage Statements; (6)
10 Violation of the Unfair Competition Law; and (7) Civil Penalites under PAGA. Defendant seeks to
11 represent himself and other similarly situated employees of Defendant Primeritus.'
12 Defendant contends that Plaintiff was properly paid for all hours worked, and received
13 compliant meal and rest periods, in complaince with the Califomia Labor Code. Accordingly, Plaintiff
14 has not sustained any damages as a result of Defendant's conduct. Plaintiff seeks general and special
15 damages, as well as civil penalties pursuant to the Private Attomeys' General Act (PAGA). Defendant
16 denies liability for all alleged claims.
17 The Parties appeared for an initial Case Management Conference before Judge Tami
18 Bogert in Department 14 on October 25, 2019. During this Conference, the Court set a. deadline of
19 February 28, 2020 for Plaintiff to file a Motion for Class Certification, and set a fiirther Case
20 Management Conference for Febmary 14, 2020. On January 15, 2020, this matter was reassigned to
21 Department 41.
22 On Febmary 14, 2020, the parties attended a Case Management Conference before
23 Judge DeAlba in Department 41. The Parites and the court discussed the procedures outlined in the
24 Court's January 31" Order regarding the Parties Stipulation to file cross-Motions for Summary
25 Adjudication (as discussed in more detail in Section III below). This Court set a fiirther Case
26 Management Conference for July 17,2020, anticipating that the Court would have issued an order on
27
28 ' On February 3, 2020, this Court granted Class Certification pursuant to the Parties' stipulation.
2.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 tfie cross-Motions for Summary Adjudication by that time and the Parties would discuss next steps.
2 However, as explained in Section lU below, due to the COVID-19 pandemic, the Parties further
3 stipulated to continue the cross-Motion for Summary Adjudication briefing schedule and continue the
4 hearing date for same out to September 24,2020. Thus, the Parties proposed that the Court set a fiirther
5 Case Management Conference for shortly after the Parties' September 24,2020 hearing in Department
6 54, and set trial dates at that time. Accordingly, this Court set a further Case Management Conference
7 for October 9, 2020.
8 II. STATUS OF DISCOVERY
9 The Parties have each propounded written discovery, including Requests for
10 Production, Requests for Admission, and Interrogatories. Defendant has taken Plaintiffs deposition
11 (on November 19, 2019), and Plaintiff has taken two depositions of Defendant's Persons Most
12 Knowledgeable (on August 28,2019 and November 6, 2019).
13 HI. THE PARTIES HAVE STIPULATED TO CLASS CERTICATION, DISMISSAL OF
MCGENNESS, DISMISSAL OF PLAINTIFF'S MEAL BREAK CLAIM, AND TO
14 FILE CROSS MOTIONS FOR SUMMARY ADJUDICATION
15 On or about January 10, 2020, the Parties entered into a stipulation as follows: (1)
16 Plaintiff would dismiss individual Defendant Chris McGinness without prejudice; (2)PIaintiff would
17 not pursue individual or class claims associated with meal periods in this lawsuit [The claims in this
18 case will be limited to the PlaintifPs allegations that Primeritus failed to pay for all non-productive
19 time, including rest periods in compliance with Califomia law, failed to pay the minimum wage, and
20 failed to provide lawful wage statements in accordance with Califomia Labor Code §226]; (3) that
21 certain classes would be certified; and (4) that both Parties would file cross-Motions for Summary
22 Adjudication (MSA).
23 As for the cross-MSAs: the parties believe that the legality as to how Defendant
24 Primeritus paid Plaintiff and the putative class is at issue. The parties have conducted substantial
25 discovery and believe that the underlying facts as to how each employee was paid are largely not in
26 dispute. The parties wish to have the legality of the manner in which class members were paid be
27 determined by a motion for sununary adjudication. However, the parties recognize that such a
28 determination might not dispose of the entire cause of action, as Plaintiff is claiming additional
3.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 violations including PAGA penalties and associated damages.
2 On or about January 31,2020, this Court granted Parties' [Proposed] Order dismissing
3 McGinness and the PlaintifTs Fourth Cause of Action (meal period claim) and issued the following
4 scheduling order regarding the cross-MSAs: the Motions will be filed on April 15, 2020, with
5 oppositions due on May 15, 2020, and replies due June 5, 2020. The Motions will be filed in
6 Department 54, and a hearing has been scheduled for June 22, 2020 at 9:00 a.m. (See Docket No. 55).
7 On or about Febmary 3, 2020, this Court granted Class Certification pursuant to the
8 Pjirties' Stipulation mentioned above. (See Docket No. 56). The following class was certified: "All
9 non-exempt current and former employees of Defendant Primeritus Financial Services, Inc. who were
10 employed by Primeritus in Califomia during the Class period [December 27,2014 to August 10,2019]
11 who held the position of Investigator (aka Skip Tracer)." Defendant is in the process of providing the
12 Contact Information of the class members to the Parties' selected Claims Administrator, after which,
13 Notice will be mailed to members of the Class.
14 On May 6, 2020, die Partiesfileda Stipulation to continue the briefing and hearing
15 schedule set forth in the Court's January 31*^ Order regarding the cross-Motions for Summary
16 Adjudication. Given the ongoing COVID-19 pandemic, and the Court's closurefromMarch 17 - May
17 6, 2020, the Parties needed additional time to brief the cross-Motions. The Court granted the Parties'
18 [Proposed] Order on May 15,2020. (See Docket Nos. 65 and 67).
19 On May 19, 2020, the Partiesfileda second Stipulation to continue the briefing and
20 hearing schedule set forth in the Court's Januaiy 3P' Order regarding the cross-Motions for Summary
21 Adjudication. Again, given the ongoing COVID-19 pandemic, the Parties needed additional time to
22 brief the cross-Motions. On June 4, 2020, this Court granted the Parties' [Proposed] Order, setting the
23 following, current briefing schedule: the cross-Motions will befiledon July 15,2020, with oppositions
24 due on August 14, 2020, and replies due September 4, 2020. The Motions werefiledin Department
25 54, and a hearing was scheduled for September 24, 2020 at 9:00 a.m. (See Docket Nos. 66 and 68).
26 ///
27 ///
28
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 rv. ON SEPTEMBER 23, 2020, DEPARTMENT 54 ISSUED A TENTATIVE RULING
CONTINUING THE HEARING ON THE CROSS-MOTIONS BY ONE WEEK - OUT
2 TO OCTOBER 1, 2020.ALTERNATIVE DISPUTE RESOLUTION
3 On December 13, 2019, the Parties participated in private mediation with mediator
4 David Phillips, Esq. The mediation was unsuccessful.
5 V. SUGGESTIONS FOR CASE MANANAGEMENT
6 The Parties believe it is premature to discuss trial-related matters given the Parties'
7 pending cross-Motions for Summary Adjudication. Depending on the outcome of the hearing in
8 Department 54 on October 1, the Parties can meet and confer as to proposed next steps regarding the
9 scheduling of a trial, if necessary. As of now, the Parties anticipate a trial length of 6-8 days.
10
11
Dated: September 24, 2020 LITTLER MENDELSON, P.C.
12
13
14
Keith A. Jacoby, Esq.
15 Bradley E. Schwan, Esq.
Nathaniel H. Jenkins, Esq.
16
Attomeys for Defendants
17 PRIMERITUS FINANCIAL SERVICES,
INC., AND CHRIS MCGINNESS
18
19
Dated: September 2 4 _ _ 2020 HATHAWAY, PERRETT, WEBSTER,
20 POWERS, CHRISMAN & GUTIERREZ,
APC
21
PALAY HEFELFINGER, APC
22
23
24 Alejandro R Gutierrez/Esq
Daniel J. Palay, Esq. '
25 Brian D. Hefelfinger, Esq.
26 Attomeys for Plaintiff
JOHN BOUDREAU
27
28
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 PROOF OF SERVICE
2 I am a resident of the State of Califomia, over the age of eighteen years, and not a
3 party to the within action. My business address is 500 Capitol Mall, Suite 2000, Sacramento,
4 Califomia 95814. On September 24, 2020,1 served the within document(s):
5
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
6
I { By Fax Transmission. Based on an agreement of the parties to accept service by
7 fax transmission, I faxed the documents to the persons at the fax numbers listed
8 below. No error was reported by the fax machine that I used. A copy of the record
of the fax transmission, which I printed out, is attached.
9
I I By United States Mail. I enclosed the documents in a sealed envelope or
10 package addressed to the persons at the addresses below and (specify one):
11 I I deposited the sealed envelope with the United States Postal Service, with the
postage fully prepaid.
12
13 I I placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this business's practice for
14 collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the
15 ordinary course of business with the United States Postal Service, in a sealed
envelope with postage fiilly prepaid.
16
I am a resident or employed in the county where the mailing occurred. The
17
envelope or package was placed in the mail at.' Sacramento, California.
18
I I By Overnight Delivery. I deposited a tme copy of the same enclosed in a sealed
19 envelope, with delivery fees provided for, in an ovemight delivery service pick up
box or office designated for overnight delivery, and addressed as set forth below.
20
I i By Personal Delivery. I personally delivered the documents to the persons at the
21 addresses listed belOw. (I) For a party represented by an attomey, delivery was
22 made to the attorney or at the attomey's office by leaving the documents, in an
envelope or package clearly labeled to identify the attomey being served, with a
23 receptionist or an individual in charge of the office, between the hours of nine in
the moming and five in the evening. (2) For a party, delivery was made to the party
24 or by leaving the documents at the party's residence with some person not younger
than 18 years of age between the hours of eight in the moming and six in the
25 evening.
26
27
28
UnLERMBOaSON. P.C. 4827-2761-0249.1 087308.1007
SOOCapUkU
Suite 2000
Sacnnwnto.CA 95814 PROOF OF SERVICE
9iej30.7200
1 I \ By Messenger Service. I served the documents by placing them in an envelope or
package addressed to the persons at the addresses listed below and providing them
2 to a professional messenger service for service. (A declaration by the messenger
3 must accompany this Proof of Service or be contained in the Declaration oJ
Messenger below.)
4
By Electronic Service. Based on a court order or an agreement of the parties to
5 accept electronic service, I caused the documents to be sent to the persons at the
electronic service addresses listed below,
6
HATHAWAY, PERRETT, WEBSTER
7 POWERS, CHRISMAN & GUTIERREZ, APC
8 Alejandro P. Gutierrez, Esq.
5450 Telegraph Road, Suite 200
9 Ventura, CA 93003
Tele: 805.644.7111; Fax: 805.644.8296
10 agutierrez@hathawavlawfirm.com
ebverlv@hathawavlawfirm .com
11
12 Daniel J. Palay
Brian D. Hefelfinger
13 PALAY HEFELFINGER, APCS ]
1746 S. Victoria Avenue, Suite 230
14 Ventura, CA 93001
Tele: 805.628.8220; Fax: 805.765.8600
15 djp@calemplovmentcoimsel.com
16 bdh@caIemplovmentcounsel.com
17 Attomeys for PlaintiffJOHN BOUDREAU,
individually, and on behalf of the Proposed Class
18
I declare under penalty of perjury under the laws of the State of Califomia that the
19
above is tme and correct. Executed on September 24,2020, at Sacramento, Califomia.
20
21
22
Sophia Masada
23
24
25
26
27
28
ljmjRMBJDELSON.P.C.
SOOCspUMaD
4827-2761-0249.1 087308.1007 2.
Suits 2000
Sacnmnito, CA 05814 PROOF OF SERVICE
9igm7200
Preview
1 KEITH A. JACOBY, Bar No. 150233 2 kiacobv(a)littler.com BRADLEY E. SCHWAN, Bar No. 246457 FILED/ENDORSED bschwan@.littler. com 3 NATHANIEL H. JENKINS, Bar No. 312067 SEP 2 h 2020 njenkiDsfa),! ittler. com 4 LITTLER MENDELSON, PC. K. Soichka 500 Capitol Mall, Suite 2000 By: Deputy C(erl( 5 Sacramento, CA 95814 Telephone: 916.830.7200 6 Fax No.: 916.561.0828 7 Attomeys for Defendants Primeritus Financial Services, Inc., and Chris McGinness 8 Alejandro P. Gutierrez, SBN 107688 9 agutierrez@hathawavlawfirm.com HATHAWAY, PERRETT, WEBSTER, POWERS, 10 CHRISMAN & GUTIERREZ, APC 5450 Telegraph Road, Suite 200 -n 11 Ventura, CA 93006-3577 O Telephone: (805)644-7111 Facsimile: (805) 644-8296 X 12 13 Daniel J. Palay, SBN 159348 dip@calemplovmentcoimsel.com 14 Brian D. Hefelfinger, SBN 253054 bdh(5).calemplovmentcounsel.com 15 PALAY HEFELFINGER, APC 1746 S. Victoria Avenue, Suite 230 16 Ventura, Califomia 93003 Tel: (805) 628-8220 17 Fax:(805)765-8600 18 Attomeys for Plaintiff John Boudreau 19 SUPERIOR COURT OF CALIFORNIA 20 COUNTY OF SACRAMENTO 21 JOHN BOUDREAU, an individual, on Case No. 34-2018-00247272 behalf of himself and all others similarly 22 situated. Assigned to Department 41, Hon. David De Alba 23 Plaintiff, JOINT CASE MANAGEMENT CONFERENCE STATEMENT 24 V. Date: October 9, 2020 25 PRIMERITUS FINANCIAL SERVICES, Time: 11:00 am INC., A Delaware corporation; CHRIS Dept.: 41 [Via Zoom] 26 McGINNESS, an individual; and DOES 1 through 10, inclusive. Complaint filed: December 27, 2018 27 FAC filed: April 12, 2019 Trial Date: Not Set 28 Defendants. JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 Plaintiff JOHN BOUDREAU ("Plaintiff) and Defendant PRIMERITUS FINANCIAL 2 SERVICES, INC. ("Defendant") (together, the "Parties") hereby submit the following Joint Case 3 Management Conference Statement for the Case Management Conference on October 9,2020 at 11:00 4 a.m. in Department 41. 5 L STATUS OF THE CASE 6 Plaintiff filed this Class Action matter on December 27, 2018. PlaintifTs First 7 Amended Complaint (filed April 12,2019) alleges seven causes of action: (1) Failure to Pay Minimum 8 Wage; (2) Failure to Timely Pay Wages (Waiting Time Penalities); (3) Failure to Provide Rest 9 Periods; (4) Failure to Provide Meal Periods; (5) Failure to Provide Accurate Wage Statements; (6) 10 Violation of the Unfair Competition Law; and (7) Civil Penalites under PAGA. Defendant seeks to 11 represent himself and other similarly situated employees of Defendant Primeritus.' 12 Defendant contends that Plaintiff was properly paid for all hours worked, and received 13 compliant meal and rest periods, in complaince with the Califomia Labor Code. Accordingly, Plaintiff 14 has not sustained any damages as a result of Defendant's conduct. Plaintiff seeks general and special 15 damages, as well as civil penalties pursuant to the Private Attomeys' General Act (PAGA). Defendant 16 denies liability for all alleged claims. 17 The Parties appeared for an initial Case Management Conference before Judge Tami 18 Bogert in Department 14 on October 25, 2019. During this Conference, the Court set a. deadline of 19 February 28, 2020 for Plaintiff to file a Motion for Class Certification, and set a fiirther Case 20 Management Conference for Febmary 14, 2020. On January 15, 2020, this matter was reassigned to 21 Department 41. 22 On Febmary 14, 2020, the parties attended a Case Management Conference before 23 Judge DeAlba in Department 41. The Parites and the court discussed the procedures outlined in the 24 Court's January 31" Order regarding the Parties Stipulation to file cross-Motions for Summary 25 Adjudication (as discussed in more detail in Section III below). This Court set a fiirther Case 26 Management Conference for July 17,2020, anticipating that the Court would have issued an order on 27 28 ' On February 3, 2020, this Court granted Class Certification pursuant to the Parties' stipulation. 2. JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 tfie cross-Motions for Summary Adjudication by that time and the Parties would discuss next steps. 2 However, as explained in Section lU below, due to the COVID-19 pandemic, the Parties further 3 stipulated to continue the cross-Motion for Summary Adjudication briefing schedule and continue the 4 hearing date for same out to September 24,2020. Thus, the Parties proposed that the Court set a fiirther 5 Case Management Conference for shortly after the Parties' September 24,2020 hearing in Department 6 54, and set trial dates at that time. Accordingly, this Court set a further Case Management Conference 7 for October 9, 2020. 8 II. STATUS OF DISCOVERY 9 The Parties have each propounded written discovery, including Requests for 10 Production, Requests for Admission, and Interrogatories. Defendant has taken Plaintiffs deposition 11 (on November 19, 2019), and Plaintiff has taken two depositions of Defendant's Persons Most 12 Knowledgeable (on August 28,2019 and November 6, 2019). 13 HI. THE PARTIES HAVE STIPULATED TO CLASS CERTICATION, DISMISSAL OF MCGENNESS, DISMISSAL OF PLAINTIFF'S MEAL BREAK CLAIM, AND TO 14 FILE CROSS MOTIONS FOR SUMMARY ADJUDICATION 15 On or about January 10, 2020, the Parties entered into a stipulation as follows: (1) 16 Plaintiff would dismiss individual Defendant Chris McGinness without prejudice; (2)PIaintiff would 17 not pursue individual or class claims associated with meal periods in this lawsuit [The claims in this 18 case will be limited to the PlaintifPs allegations that Primeritus failed to pay for all non-productive 19 time, including rest periods in compliance with Califomia law, failed to pay the minimum wage, and 20 failed to provide lawful wage statements in accordance with Califomia Labor Code §226]; (3) that 21 certain classes would be certified; and (4) that both Parties would file cross-Motions for Summary 22 Adjudication (MSA). 23 As for the cross-MSAs: the parties believe that the legality as to how Defendant 24 Primeritus paid Plaintiff and the putative class is at issue. The parties have conducted substantial 25 discovery and believe that the underlying facts as to how each employee was paid are largely not in 26 dispute. The parties wish to have the legality of the manner in which class members were paid be 27 determined by a motion for sununary adjudication. However, the parties recognize that such a 28 determination might not dispose of the entire cause of action, as Plaintiff is claiming additional 3. JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 violations including PAGA penalties and associated damages. 2 On or about January 31,2020, this Court granted Parties' [Proposed] Order dismissing 3 McGinness and the PlaintifTs Fourth Cause of Action (meal period claim) and issued the following 4 scheduling order regarding the cross-MSAs: the Motions will be filed on April 15, 2020, with 5 oppositions due on May 15, 2020, and replies due June 5, 2020. The Motions will be filed in 6 Department 54, and a hearing has been scheduled for June 22, 2020 at 9:00 a.m. (See Docket No. 55). 7 On or about Febmary 3, 2020, this Court granted Class Certification pursuant to the 8 Pjirties' Stipulation mentioned above. (See Docket No. 56). The following class was certified: "All 9 non-exempt current and former employees of Defendant Primeritus Financial Services, Inc. who were 10 employed by Primeritus in Califomia during the Class period [December 27,2014 to August 10,2019] 11 who held the position of Investigator (aka Skip Tracer)." Defendant is in the process of providing the 12 Contact Information of the class members to the Parties' selected Claims Administrator, after which, 13 Notice will be mailed to members of the Class. 14 On May 6, 2020, die Partiesfileda Stipulation to continue the briefing and hearing 15 schedule set forth in the Court's January 31*^ Order regarding the cross-Motions for Summary 16 Adjudication. Given the ongoing COVID-19 pandemic, and the Court's closurefromMarch 17 - May 17 6, 2020, the Parties needed additional time to brief the cross-Motions. The Court granted the Parties' 18 [Proposed] Order on May 15,2020. (See Docket Nos. 65 and 67). 19 On May 19, 2020, the Partiesfileda second Stipulation to continue the briefing and 20 hearing schedule set forth in the Court's Januaiy 3P' Order regarding the cross-Motions for Summary 21 Adjudication. Again, given the ongoing COVID-19 pandemic, the Parties needed additional time to 22 brief the cross-Motions. On June 4, 2020, this Court granted the Parties' [Proposed] Order, setting the 23 following, current briefing schedule: the cross-Motions will befiledon July 15,2020, with oppositions 24 due on August 14, 2020, and replies due September 4, 2020. The Motions werefiledin Department 25 54, and a hearing was scheduled for September 24, 2020 at 9:00 a.m. (See Docket Nos. 66 and 68). 26 /// 27 /// 28 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 rv. ON SEPTEMBER 23, 2020, DEPARTMENT 54 ISSUED A TENTATIVE RULING CONTINUING THE HEARING ON THE CROSS-MOTIONS BY ONE WEEK - OUT 2 TO OCTOBER 1, 2020.ALTERNATIVE DISPUTE RESOLUTION 3 On December 13, 2019, the Parties participated in private mediation with mediator 4 David Phillips, Esq. The mediation was unsuccessful. 5 V. SUGGESTIONS FOR CASE MANANAGEMENT 6 The Parties believe it is premature to discuss trial-related matters given the Parties' 7 pending cross-Motions for Summary Adjudication. Depending on the outcome of the hearing in 8 Department 54 on October 1, the Parties can meet and confer as to proposed next steps regarding the 9 scheduling of a trial, if necessary. As of now, the Parties anticipate a trial length of 6-8 days. 10 11 Dated: September 24, 2020 LITTLER MENDELSON, P.C. 12 13 14 Keith A. Jacoby, Esq. 15 Bradley E. Schwan, Esq. Nathaniel H. Jenkins, Esq. 16 Attomeys for Defendants 17 PRIMERITUS FINANCIAL SERVICES, INC., AND CHRIS MCGINNESS 18 19 Dated: September 2 4 _ _ 2020 HATHAWAY, PERRETT, WEBSTER, 20 POWERS, CHRISMAN & GUTIERREZ, APC 21 PALAY HEFELFINGER, APC 22 23 24 Alejandro R Gutierrez/Esq Daniel J. Palay, Esq. ' 25 Brian D. Hefelfinger, Esq. 26 Attomeys for Plaintiff JOHN BOUDREAU 27 28 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 PROOF OF SERVICE 2 I am a resident of the State of Califomia, over the age of eighteen years, and not a 3 party to the within action. My business address is 500 Capitol Mall, Suite 2000, Sacramento, 4 Califomia 95814. On September 24, 2020,1 served the within document(s): 5 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 6 I { By Fax Transmission. Based on an agreement of the parties to accept service by 7 fax transmission, I faxed the documents to the persons at the fax numbers listed 8 below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. 9 I I By United States Mail. I enclosed the documents in a sealed envelope or 10 package addressed to the persons at the addresses below and (specify one): 11 I I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. 12 13 I I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for 14 collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the 15 ordinary course of business with the United States Postal Service, in a sealed envelope with postage fiilly prepaid. 16 I am a resident or employed in the county where the mailing occurred. The 17 envelope or package was placed in the mail at.' Sacramento, California. 18 I I By Overnight Delivery. I deposited a tme copy of the same enclosed in a sealed 19 envelope, with delivery fees provided for, in an ovemight delivery service pick up box or office designated for overnight delivery, and addressed as set forth below. 20 I i By Personal Delivery. I personally delivered the documents to the persons at the 21 addresses listed belOw. (I) For a party represented by an attomey, delivery was 22 made to the attorney or at the attomey's office by leaving the documents, in an envelope or package clearly labeled to identify the attomey being served, with a 23 receptionist or an individual in charge of the office, between the hours of nine in the moming and five in the evening. (2) For a party, delivery was made to the party 24 or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the moming and six in the 25 evening. 26 27 28 UnLERMBOaSON. P.C. 4827-2761-0249.1 087308.1007 SOOCapUkU Suite 2000 Sacnnwnto.CA 95814 PROOF OF SERVICE 9iej30.7200 1 I \ By Messenger Service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below and providing them 2 to a professional messenger service for service. (A declaration by the messenger 3 must accompany this Proof of Service or be contained in the Declaration oJ Messenger below.) 4 By Electronic Service. Based on a court order or an agreement of the parties to 5 accept electronic service, I caused the documents to be sent to the persons at the electronic service addresses listed below, 6 HATHAWAY, PERRETT, WEBSTER 7 POWERS, CHRISMAN & GUTIERREZ, APC 8 Alejandro P. Gutierrez, Esq. 5450 Telegraph Road, Suite 200 9 Ventura, CA 93003 Tele: 805.644.7111; Fax: 805.644.8296 10 agutierrez@hathawavlawfirm.com ebverlv@hathawavlawfirm .com 11 12 Daniel J. Palay Brian D. Hefelfinger 13 PALAY HEFELFINGER, APCS ] 1746 S. Victoria Avenue, Suite 230 14 Ventura, CA 93001 Tele: 805.628.8220; Fax: 805.765.8600 15 djp@calemplovmentcoimsel.com 16 bdh@caIemplovmentcounsel.com 17 Attomeys for PlaintiffJOHN BOUDREAU, individually, and on behalf of the Proposed Class 18 I declare under penalty of perjury under the laws of the State of Califomia that the 19 above is tme and correct. Executed on September 24,2020, at Sacramento, Califomia. 20 21 22 Sophia Masada 23 24 25 26 27 28 ljmjRMBJDELSON.P.C. SOOCspUMaD 4827-2761-0249.1 087308.1007 2. Suits 2000 Sacnmnito, CA 05814 PROOF OF SERVICE 9igm7200