On October 04, 2021 a
Party Statement
was filed
involving a dispute between
Harper, Richard,
and
Does 1 Through 20,
Hamner Towing, Inc.,
for Complex Civil Unlimited
in the District Court of San Bernardino County.
Preview
Brlan Mankin, Esq. [CSB NO- 216228]
J.
FILED
SUPERIOR COURT 0.: EALIFORNIA
brian@lmlfirm.com COUNTY OF SAN BEWMRD‘NO
Kristina Bui Carlson, Esq. [CSB No. 294924]
SAN BERNARDENO DiSTFJ'CT
kristina@lmlfirm.com
LAUBY, MANKIN & LAUBY LLP AUG 2 5 2022
4590 Allstate Drive
Riverside, CA
92501
Tel: (951) 320-1444
Fax: (951) 320—1445
BY
fl; pfi—
J g r“
1-?
ALES! PUTY
Attorneys for Plaintiff, on a representative basis and on behalf of all others similarly situated
Kevin M. Erwin, Esq. (SBN 170186)
Semarnpreet Kaur, Esq. (SBN 3285 1 8)
JACKSON LEWIS P.C.
200 Spectrum Center Drive, #500
Irvine, CA 92618
949-885-1360
10
949-885-1380-fax
Kevin.ErWin@j acksonlewis.com
11
Semarnprett.Kaur@j acksonlewis.com
12
Attorneys for Defendant HAMNER TOWING, INC.
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
FOR THE COUNTY OF SAN BERNARDINO
15
16 CIVSB 2127523
RICHARD HARPER, individually, on a Case_No.:
representative basis, and on behalf 0f all [ASSlgned t0 Hon- DaWd COhn, Dept 526’ fO’”
17 allpurposesj
others similarly situated;
18
. JOINT CASE MANAGEMENT
P1 am{ff
19
1 ’
CONFERENCE STATEMENT
vs.
20 Hearing
HAMNER TOWING, INC., a California Date; September 1, 2022
21
Corporation; and DOES 1 through 20, Time; 9;()0 a_m
22 inclusive; Dept; $26
23 Defendants.
Complaint filed: 10/04/2021
24
25 by and
Plaintiff Richard Harper and Hamner Towing, Inc. (collectively, the “Parties”),
26 Statement in advance of the
through their undersigned counsel of record, submit this Joint
27 September 2022, at 9:00 a.m. in Department
continued Case Management Conference set for 1,
28
$26 of the above-referenced court.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
-1-
Counsel for the Parties met and conferred to discuss the issues set forth in California
Rules of Court, Rule 3.750, as well as those raised in the Court’s Case Management Conference
Order, and hereby report as follows:
I. PROCEDURAL STATUS
Plaintiff filed his putative class action complaint on October 4, 2021. Plaintiff then
subsequently filed a First Amended Complaint (“FAC”) on December 6, 2021, to add canses of
action under the Private Attorneys General Act of 2004 (“PAGA”) after the 65-day exhaustion
OOQQ
period had elapsed. Defendant filed its Answer t0 the FAC on or about March 7, 2022.
\O II. ALTERNATIVE DISPUTE RESOLUTION
1o The Parties have agreed to an early mediation on October 11, 2022, with Hon. Nancy
11 Wieben Stock (Ret.), along with an informal exchange of documents, data, and a sampling of
12 timekeeping/payroll documents.
13 III. DISCOVERY STATUS
14 The Parties have previously jointly agreed to lift the stay on discovery and to a Belaire-
15 West notice to facilitate the exchange of information.
16 Plaintiff served his first set of written discovery on February 18, 2022, and Defendant
17 served its responses on April 5, 2022. However, Plaintiff alleges that the responses are
18 incomplete and/or do not provide the requested information; and thus, the Parties have
19 commenced the meet and confer process in an effort to resolve the discovery dispute. The Parties
20 have completed the Belaire opt—out process, but they have not completed the sampling of data
21 and timekeeping.
22 Due to the scheduled October 11, 2022 mediation, the Parties have currently agreed to
23 stay the current discovery dispute until after mediation in an effort to conserve resources and
24 focus on early resolution with an informal exchange of data and documents.
25 IV. NEXT CASE MANAGEMENT CONFERENCE
26 The Parties propose that the Court schedule the next case management conference in
27 approximately 120 days.
28 / / /
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
-2.
Document Filed Date
August 25, 2022
Case Filing Date
October 04, 2021
Category
Complex Civil Unlimited
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Brlan Mankin, Esq. [CSB NO- 216228] J. FILED SUPERIOR COURT 0.: EALIFORNIA brian@lmlfirm.com COUNTY OF SAN BEWMRD‘NO Kristina Bui Carlson, Esq. [CSB No. 294924] SAN BERNARDENO DiSTFJ'CT kristina@lmlfirm.com LAUBY, MANKIN & LAUBY LLP AUG 2 5 2022 4590 Allstate Drive Riverside, CA 92501 Tel: (951) 320-1444 Fax: (951) 320—1445 BY fl; pfi— J g r“ 1-? ALES! PUTY Attorneys for Plaintiff, on a representative basis and on behalf of all others similarly situated Kevin M. Erwin, Esq. (SBN 170186) Semarnpreet Kaur, Esq. (SBN 3285 1 8) JACKSON LEWIS P.C. 200 Spectrum Center Drive, #500 Irvine, CA 92618 949-885-1360 10 949-885-1380-fax Kevin.ErWin@j acksonlewis.com 11 Semarnprett.Kaur@j acksonlewis.com 12 Attorneys for Defendant HAMNER TOWING, INC. 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SAN BERNARDINO 15 16 CIVSB 2127523 RICHARD HARPER, individually, on a Case_No.: representative basis, and on behalf 0f all [ASSlgned t0 Hon- DaWd COhn, Dept 526’ fO’” 17 allpurposesj others similarly situated; 18 . JOINT CASE MANAGEMENT P1 am{ff 19 1 ’ CONFERENCE STATEMENT vs. 20 Hearing HAMNER TOWING, INC., a California Date; September 1, 2022 21 Corporation; and DOES 1 through 20, Time; 9;()0 a_m 22 inclusive; Dept; $26 23 Defendants. Complaint filed: 10/04/2021 24 25 by and Plaintiff Richard Harper and Hamner Towing, Inc. (collectively, the “Parties”), 26 Statement in advance of the through their undersigned counsel of record, submit this Joint 27 September 2022, at 9:00 a.m. in Department continued Case Management Conference set for 1, 28 $26 of the above-referenced court. JOINT CASE MANAGEMENT CONFERENCE STATEMENT -1- Counsel for the Parties met and conferred to discuss the issues set forth in California Rules of Court, Rule 3.750, as well as those raised in the Court’s Case Management Conference Order, and hereby report as follows: I. PROCEDURAL STATUS Plaintiff filed his putative class action complaint on October 4, 2021. Plaintiff then subsequently filed a First Amended Complaint (“FAC”) on December 6, 2021, to add canses of action under the Private Attorneys General Act of 2004 (“PAGA”) after the 65-day exhaustion OOQQ period had elapsed. Defendant filed its Answer t0 the FAC on or about March 7, 2022. \O II. ALTERNATIVE DISPUTE RESOLUTION 1o The Parties have agreed to an early mediation on October 11, 2022, with Hon. Nancy 11 Wieben Stock (Ret.), along with an informal exchange of documents, data, and a sampling of 12 timekeeping/payroll documents. 13 III. DISCOVERY STATUS 14 The Parties have previously jointly agreed to lift the stay on discovery and to a Belaire- 15 West notice to facilitate the exchange of information. 16 Plaintiff served his first set of written discovery on February 18, 2022, and Defendant 17 served its responses on April 5, 2022. However, Plaintiff alleges that the responses are 18 incomplete and/or do not provide the requested information; and thus, the Parties have 19 commenced the meet and confer process in an effort to resolve the discovery dispute. The Parties 20 have completed the Belaire opt—out process, but they have not completed the sampling of data 21 and timekeeping. 22 Due to the scheduled October 11, 2022 mediation, the Parties have currently agreed to 23 stay the current discovery dispute until after mediation in an effort to conserve resources and 24 focus on early resolution with an informal exchange of data and documents. 25 IV. NEXT CASE MANAGEMENT CONFERENCE 26 The Parties propose that the Court schedule the next case management conference in 27 approximately 120 days. 28 / / / JOINT CASE MANAGEMENT CONFERENCE STATEMENT -2.