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1 KEITH A. JACOBY, Bar No. 150233 FILED/ENDORSED
kiacobv@littler.com
2 BRADLEY E. SCHWAN, Bar No. 246457 JUL -8 2020
bschwan(S),littler. com
3 NATHANIEL H. JENKINS, Bar No. 312067
nieDkins@littler.com By:. K. Soichka
Oepirty C!eri<
4 LITTLER MENDELSON, PC.
500 Capitol Mall, Suite 2000
5 Sacramento, CA 95814
Telephone: 916.830.7200
6 Fax No.: 916.561.0828
7 Attomeys for Defendants Primeritus Financial
Q Services, Inc., and Chris McGinness
8
X Alejandro P. Gutierrez, SBN 107688
9 agutierrez@hathawavlawflrm.com
HATHAWAY, PERRETT, WEBSTER, POWERS,
10 CHRISMAN & GUTIERREZ, APC
5450 Telegraph Road, Suite 200
11 Ventura, CA 93006-3577
Telephone: (805) 644-7111
12 Facsimile: (805) 644-8296
13 Daniel J. Palay, SBN 159348
dip@calemplovmentcounsel.com
14 Brian D. Hefelfinger, SBN 253054
bdh@calemplovrnLentcounsel.com
15 PALAY HEFELFINGER, APC
1746 S. Victoria Avenue, Suite 230
16 Ventura, Califomia 93001
Tel: (805) 628-8220
17 Fax: (805) 765-8600
18 Attoraeys for Plaintiff John Boudreau
19 SUPERIOR COURT OF CALIFORNL\
20 COUNTY OF SACRAMENTO
21 JOHN BOUDREAU, an individual, on CaseNo. 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
Date: July 17, 2020
25 PRIMERITUS FINANCL^L SERVICES, Time: 9:60ain
INC., A Delaware corporation; CHRIS Dept.: 41
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 Plaintifr 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 July 17, 2020 at 9:00
4 a.m. in Department 41.
5 L STATUS OF THE CASE
6 Plaintiff filed this Class Action matter on December 27, 2018. Plaintiffs First
7 Amended Complaint (filed April 12,2019) alleges seven causes of action: (1) Failure to Pay Minimum
8 Wage; (2) Failure to Timely Pay Wages (Waiting Time Penalities); (3) Failure to Provide Rest
9 Periods; (4) Failure tb Provide Meal Periods; (5) Failure to Provide Accurate Wage Statements; (6)
10 Violation of the Unfair Competition Law; and (7) Civil Penalites under PAGA. Defendant seeks to
11 represent himself and other similarly situated employees of Defendant Primeritus.'
12 Defendant contends that Plaintiff was properly paid for all hours worked, and received
13 compliant meal and rest periods, in complaince with the Califomia Labor Code. Accordingly, Plaintiff
14 has not sustained any damages as a result of Defendant's conduct. Plaintiff seeks general and special
15 damages, as well as civil penalties pursuant to the Private Attorneys' General Act (PAGA). Defendant
16 denies liability for all alleged claims.
17 The Parties appeared for an initial Case Management Conference before Judge Tami
18 Bogert in Department 14 on October 25, 2019. During this Conference, the Court set a deadline of
19 February 28, 2020 for Plaintiff to file a Motion for Class Certification, and set a further Case
20 Management Conference for Febraary 14, 2020. On January 15, 2020, this matter was reassigned to
21 Department 41.
22 On Febraary 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 further Case
26 Management Conference for July 17,2020, anticipating that the Court would have issued an order on
27
28 1 On February 3, 2020, this Court granted Class Certification pursuant to the Parties' stipulation.
2.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 the cross-Motions for Summary Adjudication by that time and the Parties would discuss next steps.
2 However, as explained in Section III below, due to the COVID-19 pandemic, the Parties further
3 stipulated to continue the cross-Motion for Summary Adjudication briefing schedule and confine the.
4 hearing date for same out to September 21,2020. Thus, the Parties propose that the Court set a fiirther
5 Case Management Conference for shortly after the Parties' September 21,2020 hearing in Department
6 54, and set trial dates at that time.
1 IL STATUS OF DISCOVERY
8 The Parties have each propoimded written discovery, including Requests for
9 Production, Requests for Admission, and Interrogatories. Defendant has taken Plaintiffs deposition
10 (on November 19, 2019), and Plaintiff has taken two depositions of Defendant's Persons Most
11 Knowledgeable (on August 28,2019 and November 6, 2019).
12 HI. THE PARTIES HAVE STIPULATED TO CLASS CERTICATION, DISMISSAL OF
MCGINNESS, DISMISSAL OF PLAINTIFF'S MEAL BREAK CLAIM, AND TO
13 FILE CROSS MOTIONS FOR SUMMARY ADJUDICATION
14 On or about January 10, 2020, the Parties entered into a stipulation as follows: (1)
15 Plaintiff would dismiss individual Defendant Chris McGinness without prejudice; (2)Plaintifr would
16 not pursue individual or class claims associated with meal periods in this lawsuit [The claims in this
17 case will be limited to the Plaintiffs allegations that Primeritus failed to pay for all non-productive
18 time, including rest periods in compliance with Califomia law, failed to pay the minimum wage, and
19 failed to provide lawfiil wage statements in accordance with Califomia Labor Code §226]; (3) that
20 certain classes would be certified; and (4) that both Parties would file cross-Motions for Summary
21 Adjudication (MSA).
22 As for the cross-MSAs: the parties believe that the legality as to how Defendant
23 Primeritus paid Plaintiff and the putative class is at issue. The parties have conducted substantial
24 discovery and believe that the tmderlying facts as to how each employee was paid are largely not ui
25 dispute. The parties wish to have the legality of the manner in which class members were paid be
26 determined by a motion for summary adjudication. However, the parties recognize that Sfuch a
27 determination might not dispose of the entire cause of action, as Plaintiff is claiming additional
28 violations including PAGA penalties and associated damages.
3.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 On or about January 31,2020, this Court granted Parties' [Proposed] Order dismissing
2 McGinness and the PlaintifFs Fourth Cause of Action (meal period claim) and issued,, the following
3 scheduling order regarding the cross-MSAs: the Motions will be filed on April 15, 2020, with
4 oppositions due on May 15, 2020, and replies due June 5, 2020. The Motions will be filed in
5 Department 54, and a hearing has been scheduled for June 22,2020 at 9:00 a.m. (See Docket No. 55).
6 On or about Febraary 3, 2020, this Court granted Class Certification pursuant to the
7 Parties' Stipulation mentioned above. (See Docket No. 56). The following class was certified: "All
8 non-exempt current and former employees of Defendant Primeritus Financial Services, Inc. who were
9 employed by Primeritus in Califomia during the Class period [December 27,2014 to August 10,2019]
10 who held the position of Investigator (aka Skip Tracer)." Defendant is in the process of providing the
11 Contact Information of the class members to the Parties' selected Claims Administrator, after which,
12 Notice will be mailed to members of the Class.
13 On May 6, 2020, the Parties filed a Stipulation to continue the briefmg and hearing
14 schedule set forth in the Court's January 31^ Order regarding the cross-Motions for Summary
15 Adjudication. Given the ongoing COVID-19 pandemic, and the Court's closure from March 17 - May
16 6, 2020, the Parties needed additional time to brief the cross-Motions. The Court granted the Parties'
17 [Proposed] Order on May 15, 2020. (See Docket Nos. 65 and 67).
18 On May 19, 2020, the Parties filed a second Stipulation to continue the briefing and
19 hearing schedule set forth in the Court's January 31" Order regarding the cross-Motions for Summary
20 Adjudication. Again, given the ongoing COVID-19 pandemic, the Parties needed additiorial time to
21 brief the cross-Motions. On Jime 4, 2020, this Court granted the Parties' [Proposed] Order, setting the
22 following, current briefing schedule: the cross-Motions will be filed on July 15,2020, with oppositions
23 due on August 14, 2020, and replies due September 4,2020. The Motions will be filed in Department
24 54, and a hearing has been scheduled for September 21, 2020 at 9:00 a.m. (See Docket Nos. 66 and
25 68).
26
27 IV. ALTERNATIVE DISPUTE RESOLUTION
28 On December 13, 2019, the Parties participated in private mediation with mediator
4.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 David Phillips, Esq. The mediation was unsuccessful.
2 V. SUGGESTIONS FOR CASE MANANAGEMENT
3 The Parties believe it is premature to discuss trial-related matters given the Parties'
4 pending cross-Motions for Summary Adjudication. The Parties suggest that the Court set a further
5 Case Management Conference for shortly after the Parties' September 21,2020 hearing in Department
6 54, and set trial dates at that time. As of now, the Parties anticipate a trial length of 6-8 days.
7
Dated: July 17,2020 LITTLER MENDELSON, P.C.
8
9
10
Keith A. Jacoby, Esq.
11 Bradley E. Schwan, Esq.
Nathaniel H. Jenkins, Esq.
12
Attomeys for Defendants
13 PRIMERITUS FINANCIAL SERVICES,
INC., AND CHRIS MCGINNESS
14
15
Dated: July 17,2020 HATHAWAY, PERRETT, WEBSTER,
16 POWERS, CHRISMAN & GUTIERREZ,
APC
17
PALAY HEFELFINGER, APC
18
19
20 Alejandro P. Gutierrez, Esq.
Daniel J. Palay, Esq.
21 Brian D. Hefelfinger, Esq.
22
Attomeys for Plaintiff
JOHN BOUDREAU
23
24
25
26
27
28
5.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
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1 KEITH A. JACOBY, Bar No. 150233 FILED/ENDORSED kiacobv@littler.com 2 BRADLEY E. SCHWAN, Bar No. 246457 JUL -8 2020 bschwan(S),littler. com 3 NATHANIEL H. JENKINS, Bar No. 312067 nieDkins@littler.com By:. K. Soichka Oepirty C!eri< 4 LITTLER MENDELSON, PC. 500 Capitol Mall, Suite 2000 5 Sacramento, CA 95814 Telephone: 916.830.7200 6 Fax No.: 916.561.0828 7 Attomeys for Defendants Primeritus Financial Q Services, Inc., and Chris McGinness 8 X Alejandro P. Gutierrez, SBN 107688 9 agutierrez@hathawavlawflrm.com HATHAWAY, PERRETT, WEBSTER, POWERS, 10 CHRISMAN & GUTIERREZ, APC 5450 Telegraph Road, Suite 200 11 Ventura, CA 93006-3577 Telephone: (805) 644-7111 12 Facsimile: (805) 644-8296 13 Daniel J. Palay, SBN 159348 dip@calemplovmentcounsel.com 14 Brian D. Hefelfinger, SBN 253054 bdh@calemplovrnLentcounsel.com 15 PALAY HEFELFINGER, APC 1746 S. Victoria Avenue, Suite 230 16 Ventura, Califomia 93001 Tel: (805) 628-8220 17 Fax: (805) 765-8600 18 Attoraeys for Plaintiff John Boudreau 19 SUPERIOR COURT OF CALIFORNL\ 20 COUNTY OF SACRAMENTO 21 JOHN BOUDREAU, an individual, on CaseNo. 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 Date: July 17, 2020 25 PRIMERITUS FINANCL^L SERVICES, Time: 9:60ain INC., A Delaware corporation; CHRIS Dept.: 41 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 Plaintifr 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 July 17, 2020 at 9:00 4 a.m. in Department 41. 5 L STATUS OF THE CASE 6 Plaintiff filed this Class Action matter on December 27, 2018. Plaintiffs First 7 Amended Complaint (filed April 12,2019) alleges seven causes of action: (1) Failure to Pay Minimum 8 Wage; (2) Failure to Timely Pay Wages (Waiting Time Penalities); (3) Failure to Provide Rest 9 Periods; (4) Failure tb Provide Meal Periods; (5) Failure to Provide Accurate Wage Statements; (6) 10 Violation of the Unfair Competition Law; and (7) Civil Penalites under PAGA. Defendant seeks to 11 represent himself and other similarly situated employees of Defendant Primeritus.' 12 Defendant contends that Plaintiff was properly paid for all hours worked, and received 13 compliant meal and rest periods, in complaince with the Califomia Labor Code. Accordingly, Plaintiff 14 has not sustained any damages as a result of Defendant's conduct. Plaintiff seeks general and special 15 damages, as well as civil penalties pursuant to the Private Attorneys' General Act (PAGA). Defendant 16 denies liability for all alleged claims. 17 The Parties appeared for an initial Case Management Conference before Judge Tami 18 Bogert in Department 14 on October 25, 2019. During this Conference, the Court set a deadline of 19 February 28, 2020 for Plaintiff to file a Motion for Class Certification, and set a further Case 20 Management Conference for Febraary 14, 2020. On January 15, 2020, this matter was reassigned to 21 Department 41. 22 On Febraary 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 further Case 26 Management Conference for July 17,2020, anticipating that the Court would have issued an order on 27 28 1 On February 3, 2020, this Court granted Class Certification pursuant to the Parties' stipulation. 2. JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 the cross-Motions for Summary Adjudication by that time and the Parties would discuss next steps. 2 However, as explained in Section III below, due to the COVID-19 pandemic, the Parties further 3 stipulated to continue the cross-Motion for Summary Adjudication briefing schedule and confine the. 4 hearing date for same out to September 21,2020. Thus, the Parties propose that the Court set a fiirther 5 Case Management Conference for shortly after the Parties' September 21,2020 hearing in Department 6 54, and set trial dates at that time. 1 IL STATUS OF DISCOVERY 8 The Parties have each propoimded written discovery, including Requests for 9 Production, Requests for Admission, and Interrogatories. Defendant has taken Plaintiffs deposition 10 (on November 19, 2019), and Plaintiff has taken two depositions of Defendant's Persons Most 11 Knowledgeable (on August 28,2019 and November 6, 2019). 12 HI. THE PARTIES HAVE STIPULATED TO CLASS CERTICATION, DISMISSAL OF MCGINNESS, DISMISSAL OF PLAINTIFF'S MEAL BREAK CLAIM, AND TO 13 FILE CROSS MOTIONS FOR SUMMARY ADJUDICATION 14 On or about January 10, 2020, the Parties entered into a stipulation as follows: (1) 15 Plaintiff would dismiss individual Defendant Chris McGinness without prejudice; (2)Plaintifr would 16 not pursue individual or class claims associated with meal periods in this lawsuit [The claims in this 17 case will be limited to the Plaintiffs allegations that Primeritus failed to pay for all non-productive 18 time, including rest periods in compliance with Califomia law, failed to pay the minimum wage, and 19 failed to provide lawfiil wage statements in accordance with Califomia Labor Code §226]; (3) that 20 certain classes would be certified; and (4) that both Parties would file cross-Motions for Summary 21 Adjudication (MSA). 22 As for the cross-MSAs: the parties believe that the legality as to how Defendant 23 Primeritus paid Plaintiff and the putative class is at issue. The parties have conducted substantial 24 discovery and believe that the tmderlying facts as to how each employee was paid are largely not ui 25 dispute. The parties wish to have the legality of the manner in which class members were paid be 26 determined by a motion for summary adjudication. However, the parties recognize that Sfuch a 27 determination might not dispose of the entire cause of action, as Plaintiff is claiming additional 28 violations including PAGA penalties and associated damages. 3. JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 On or about January 31,2020, this Court granted Parties' [Proposed] Order dismissing 2 McGinness and the PlaintifFs Fourth Cause of Action (meal period claim) and issued,, the following 3 scheduling order regarding the cross-MSAs: the Motions will be filed on April 15, 2020, with 4 oppositions due on May 15, 2020, and replies due June 5, 2020. The Motions will be filed in 5 Department 54, and a hearing has been scheduled for June 22,2020 at 9:00 a.m. (See Docket No. 55). 6 On or about Febraary 3, 2020, this Court granted Class Certification pursuant to the 7 Parties' Stipulation mentioned above. (See Docket No. 56). The following class was certified: "All 8 non-exempt current and former employees of Defendant Primeritus Financial Services, Inc. who were 9 employed by Primeritus in Califomia during the Class period [December 27,2014 to August 10,2019] 10 who held the position of Investigator (aka Skip Tracer)." Defendant is in the process of providing the 11 Contact Information of the class members to the Parties' selected Claims Administrator, after which, 12 Notice will be mailed to members of the Class. 13 On May 6, 2020, the Parties filed a Stipulation to continue the briefmg and hearing 14 schedule set forth in the Court's January 31^ Order regarding the cross-Motions for Summary 15 Adjudication. Given the ongoing COVID-19 pandemic, and the Court's closure from March 17 - May 16 6, 2020, the Parties needed additional time to brief the cross-Motions. The Court granted the Parties' 17 [Proposed] Order on May 15, 2020. (See Docket Nos. 65 and 67). 18 On May 19, 2020, the Parties filed a second Stipulation to continue the briefing and 19 hearing schedule set forth in the Court's January 31" Order regarding the cross-Motions for Summary 20 Adjudication. Again, given the ongoing COVID-19 pandemic, the Parties needed additiorial time to 21 brief the cross-Motions. On Jime 4, 2020, this Court granted the Parties' [Proposed] Order, setting the 22 following, current briefing schedule: the cross-Motions will be filed on July 15,2020, with oppositions 23 due on August 14, 2020, and replies due September 4,2020. The Motions will be filed in Department 24 54, and a hearing has been scheduled for September 21, 2020 at 9:00 a.m. (See Docket Nos. 66 and 25 68). 26 27 IV. ALTERNATIVE DISPUTE RESOLUTION 28 On December 13, 2019, the Parties participated in private mediation with mediator 4. JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 David Phillips, Esq. The mediation was unsuccessful. 2 V. SUGGESTIONS FOR CASE MANANAGEMENT 3 The Parties believe it is premature to discuss trial-related matters given the Parties' 4 pending cross-Motions for Summary Adjudication. The Parties suggest that the Court set a further 5 Case Management Conference for shortly after the Parties' September 21,2020 hearing in Department 6 54, and set trial dates at that time. As of now, the Parties anticipate a trial length of 6-8 days. 7 Dated: July 17,2020 LITTLER MENDELSON, P.C. 8 9 10 Keith A. Jacoby, Esq. 11 Bradley E. Schwan, Esq. Nathaniel H. Jenkins, Esq. 12 Attomeys for Defendants 13 PRIMERITUS FINANCIAL SERVICES, INC., AND CHRIS MCGINNESS 14 15 Dated: July 17,2020 HATHAWAY, PERRETT, WEBSTER, 16 POWERS, CHRISMAN & GUTIERREZ, APC 17 PALAY HEFELFINGER, APC 18 19 20 Alejandro P. Gutierrez, Esq. Daniel J. Palay, Esq. 21 Brian D. Hefelfinger, Esq. 22 Attomeys for Plaintiff JOHN BOUDREAU 23 24 25 26 27 28 5. JOINT CASE MANAGEMENT CONFERENCE STATEMENT