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1 PATRICIA A. SAVAGE, (SBN 236235)
SAVAGE, LAMB & REIMER, LLP
2
1550 Humboldt Road, Suite 4
3 Chico, CA 95928
Office: (530) 809-1851
4 Fax: (530) 592-3865
Email: psavage@slrlawfirm.com
5
6 Attorney for Plaintiffs,
JAY ROBINSON and
7 HUGO PINEDA, individually and on
behalf of all others similarly situated.
8
9 SHANE SINGH (SBN 202733)
LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
10 2020 West El Camino Avenue, Suite 70
Sacramento, CA 95833
11
Office: (916) 564-5400
12 Fax: (916) 564-5444
Email: Shane.Singh@lewisbrisbois.com
13
Attorney for Defendant,
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ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY
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16 MEGAN P. FORSEY (SBN 241207)
ARENTFOX SCHIFF, LLP
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555 West Fifth Street, 48th Floor
18 Los Angeles, CA 90013
Office: (213) 629-7400
19 Email: morgan.forsey@afslaw.com
20
Attorney for Defendant,
21 PHILLIPS & JORDAN, INC.
22 SUPERIOR COURT OF THE STATE OF CALIFORNIA
23 COUNTY OF SACRAMENTO
24
JAY ROBINSON and HUGO PINDA, Case No.: 34-2019-00262942
25 individually and on behalf of all others similarly
situated,
26
JOINT CASE MANAGEMENT
Plaintiffs,
27 CONFERENCE STATEMENT
28 v.
DATE: FEBRUARY 9, 2024
1
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
AFDOCS:199431404.1
1 ASOMEO ENVIRONMENTAL TIME: 10:30 AM
RESTORATION INDUSTRY, LLC, a DEPT: 23
2
California Corporation and PHILLIPS &
3 JORDAN, INC., a North Carolina Corporation,
and DOES 1-10, inclusive,
4
Defendants.
5
6 Pursuant to the Court Minutes published on January 12, 2024, counsel for Plaintiff JAY
7
ROBINSON and HUGO PINEDA (“Plaintiffs”); counsel for Defendant ASOMEO
8
ENVIRONMENTAL RESTORATION INDUSTRY, LLC and counsel for Defendant PHILLIPS
9
10 & JORDAN, INC. (collectively, “Defendants”) submit this Joint Case Management Conference
11 Statement in advance of the Case Management Conference set for February 9th, 2024 at 10:30
12 AM in Department 23 before the Honorable Judge Jill H. Talley at the Gordon D. Schraber
13
Superior Court in Sacramento.
14
1. RELATED CASE
15
16 JORGE AUDEL GOMEZ V. ASOMEO ENVIRONMENTAL RESTORATION
17 INDUSTRY, LLC – Sacramento County Superior Court, Case no: 34-2022-00317100. First
18 Amended Complaint filed on June 1, 2022.
19
2. STATUS OF PLEADINGS
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Plaintiffs filed their Second Amended Class-Action Complaint on September 18, 2020.
21
22 Defendants filed their Answer to the Second Amended Complaint on August 15, 2023.
23 Plaintiffs also filed a Motion for Class Certification on April 11, 2023, to which
24 Defendants filed an Opposition on June 13, 2023. The Motion was on calendar for June 27, 2023
25
but was not ruled upon, as the Court decided the case was Complex and vacated that hearing date
26
in order to move departments. The court did not set a new date at that time.
27
28 Defendant AERI has opposed these motions, and will continue to post them.
2
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
AFDOCS:199431404.1
1 Defendant PHILLIPS & JORDAN, INC. was not served with proper notice of this
2
motion and as such, was unaware of the briefing schedule, or other matters related to this motion.
3
Defendant PHILLIPS & JORDAN, INC. has not been served with many required documents in
4
this matter and is unable to determine whether it has been provided with all relevant pleadings,
5
6 filings, and discovery.
7 Plaintiffs filed a Motion for Summary Judgment (“MSJ”) on June 14, 2023, noticed for
8
August 29, 2023. Defendants attempted to file an Opposition to the Motion for Summary
9
Judgment on August 15, 2023, but it was rejected due to the Court’s decision on June 27, 2023 to
10
designate the case as complex and move departments. The MSJ Hearing date was vacated and
11
12 Plaintiffs sent notice for a new MSJ hearing date of March 22, 2024 at 9:00 AM before the Hon.
13 Judge Jill H. Talley.
14
Defendant PHILLIPS & JORDAN, INC. had not received notice of the MSJ until
15
January 25, 2024 and as such did not have the opportunity to file an opposition. Plaintiff
16
incorrectly e-served notice of the MSJ to Counsel for Defendant PHILLIPS & JORDAN, INC.’s
17
18 old firm.
19 3. NECESSARY ADDITIONAL PARTIES OR AMENDMENTS
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None at this time.
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4. STATUS OF DISCOVERY
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Plaintiffs have propounded written discovery and conducted depositions. Defendants
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24 have conducted depositions with accompanying written discovery. Defendants have raised
25 monetary objections to settlement figures that will be explored once a Protective Order has been
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stipulated to. Plaintiffs provided signatures for that Protective Order on January 10, 2024.
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3
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
AFDOCS:199431404.1
1 Once all parties sign this stipulated protective order, all necessary financial documents
2
will be produced by Defendant AERI.
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5. STATUS OF SETTLEMENT OR MEDIATION
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Parties participated in mediation on October 10, 2023. Parties are continuing to meet and
5
6 confer regarding settlement. A Protective Order has been drafted in the interest of pursuing
7 additional discovery to determine the possibility of settlement.
8
Defendant AERI will disclose financial documents, pursue it to a stipulated protective
9
order. Once it is signed by all parties, this should foster settlement discussions.
10
6. TRIAL
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12 The parties believe it is premature to set a trial date.
13 7. ANY OTHER MATTERS FOR WHICH THE PARTIES SEEK COURT
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RULING OR SCHEDULING
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Plaintiffs request a new calendar date for the filed Motion for Class Certification on file
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in this case.
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20 Date: 1/25/2024 SAVAGE, LAMB & REIMER
21
22
________________________________
23 Paticia A. Savage
Attorney for Plaintiffs
24
Jay Robinson and Hugo Pineda
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Date: 1/25/2024 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
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4
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
AFDOCS:199431404.1
1 ____s/Shane Singh_________________
Shane Singh
2
Attorney for Defendant
3 Asomeo Environmental Restoration Industry, LLC
4
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Date: ARENTFOX SCHIFF, LLP
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7
____s/Morgan P. Forsey_____________
8
Morgan P. Forsey
9 Attorney for Defendant
Phillips & Jordan, Inc.
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5
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
AFDOCS:199431404.1
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1 PATRICIA A. SAVAGE, (SBN 236235) SAVAGE, LAMB & REIMER, LLP 2 1550 Humboldt Road, Suite 4 3 Chico, CA 95928 Office: (530) 809-1851 4 Fax: (530) 592-3865 Email: psavage@slrlawfirm.com 5 6 Attorney for Plaintiffs, JAY ROBINSON and 7 HUGO PINEDA, individually and on behalf of all others similarly situated. 8 9 SHANE SINGH (SBN 202733) LEWIS, BRISBOIS, BISGAARD & SMITH, LLP 10 2020 West El Camino Avenue, Suite 70 Sacramento, CA 95833 11 Office: (916) 564-5400 12 Fax: (916) 564-5444 Email: Shane.Singh@lewisbrisbois.com 13 Attorney for Defendant, 14 ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY 15 16 MEGAN P. FORSEY (SBN 241207) ARENTFOX SCHIFF, LLP 17 555 West Fifth Street, 48th Floor 18 Los Angeles, CA 90013 Office: (213) 629-7400 19 Email: morgan.forsey@afslaw.com 20 Attorney for Defendant, 21 PHILLIPS & JORDAN, INC. 22 SUPERIOR COURT OF THE STATE OF CALIFORNIA 23 COUNTY OF SACRAMENTO 24 JAY ROBINSON and HUGO PINDA, Case No.: 34-2019-00262942 25 individually and on behalf of all others similarly situated, 26 JOINT CASE MANAGEMENT Plaintiffs, 27 CONFERENCE STATEMENT 28 v. DATE: FEBRUARY 9, 2024 1 JOINT CASE MANAGEMENT CONFERENCE STATEMENT AFDOCS:199431404.1 1 ASOMEO ENVIRONMENTAL TIME: 10:30 AM RESTORATION INDUSTRY, LLC, a DEPT: 23 2 California Corporation and PHILLIPS & 3 JORDAN, INC., a North Carolina Corporation, and DOES 1-10, inclusive, 4 Defendants. 5 6 Pursuant to the Court Minutes published on January 12, 2024, counsel for Plaintiff JAY 7 ROBINSON and HUGO PINEDA (“Plaintiffs”); counsel for Defendant ASOMEO 8 ENVIRONMENTAL RESTORATION INDUSTRY, LLC and counsel for Defendant PHILLIPS 9 10 & JORDAN, INC. (collectively, “Defendants”) submit this Joint Case Management Conference 11 Statement in advance of the Case Management Conference set for February 9th, 2024 at 10:30 12 AM in Department 23 before the Honorable Judge Jill H. Talley at the Gordon D. Schraber 13 Superior Court in Sacramento. 14 1. RELATED CASE 15 16 JORGE AUDEL GOMEZ V. ASOMEO ENVIRONMENTAL RESTORATION 17 INDUSTRY, LLC – Sacramento County Superior Court, Case no: 34-2022-00317100. First 18 Amended Complaint filed on June 1, 2022. 19 2. STATUS OF PLEADINGS 20 Plaintiffs filed their Second Amended Class-Action Complaint on September 18, 2020. 21 22 Defendants filed their Answer to the Second Amended Complaint on August 15, 2023. 23 Plaintiffs also filed a Motion for Class Certification on April 11, 2023, to which 24 Defendants filed an Opposition on June 13, 2023. The Motion was on calendar for June 27, 2023 25 but was not ruled upon, as the Court decided the case was Complex and vacated that hearing date 26 in order to move departments. The court did not set a new date at that time. 27 28 Defendant AERI has opposed these motions, and will continue to post them. 2 JOINT CASE MANAGEMENT CONFERENCE STATEMENT AFDOCS:199431404.1 1 Defendant PHILLIPS & JORDAN, INC. was not served with proper notice of this 2 motion and as such, was unaware of the briefing schedule, or other matters related to this motion. 3 Defendant PHILLIPS & JORDAN, INC. has not been served with many required documents in 4 this matter and is unable to determine whether it has been provided with all relevant pleadings, 5 6 filings, and discovery. 7 Plaintiffs filed a Motion for Summary Judgment (“MSJ”) on June 14, 2023, noticed for 8 August 29, 2023. Defendants attempted to file an Opposition to the Motion for Summary 9 Judgment on August 15, 2023, but it was rejected due to the Court’s decision on June 27, 2023 to 10 designate the case as complex and move departments. The MSJ Hearing date was vacated and 11 12 Plaintiffs sent notice for a new MSJ hearing date of March 22, 2024 at 9:00 AM before the Hon. 13 Judge Jill H. Talley. 14 Defendant PHILLIPS & JORDAN, INC. had not received notice of the MSJ until 15 January 25, 2024 and as such did not have the opportunity to file an opposition. Plaintiff 16 incorrectly e-served notice of the MSJ to Counsel for Defendant PHILLIPS & JORDAN, INC.’s 17 18 old firm. 19 3. NECESSARY ADDITIONAL PARTIES OR AMENDMENTS 20 None at this time. 21 4. STATUS OF DISCOVERY 22 Plaintiffs have propounded written discovery and conducted depositions. Defendants 23 24 have conducted depositions with accompanying written discovery. Defendants have raised 25 monetary objections to settlement figures that will be explored once a Protective Order has been 26 stipulated to. Plaintiffs provided signatures for that Protective Order on January 10, 2024. 27 28 3 JOINT CASE MANAGEMENT CONFERENCE STATEMENT AFDOCS:199431404.1 1 Once all parties sign this stipulated protective order, all necessary financial documents 2 will be produced by Defendant AERI. 3 5. STATUS OF SETTLEMENT OR MEDIATION 4 Parties participated in mediation on October 10, 2023. Parties are continuing to meet and 5 6 confer regarding settlement. A Protective Order has been drafted in the interest of pursuing 7 additional discovery to determine the possibility of settlement. 8 Defendant AERI will disclose financial documents, pursue it to a stipulated protective 9 order. Once it is signed by all parties, this should foster settlement discussions. 10 6. TRIAL 11 12 The parties believe it is premature to set a trial date. 13 7. ANY OTHER MATTERS FOR WHICH THE PARTIES SEEK COURT 14 RULING OR SCHEDULING 15 Plaintiffs request a new calendar date for the filed Motion for Class Certification on file 16 in this case. 17 18 19 20 Date: 1/25/2024 SAVAGE, LAMB & REIMER 21 22 ________________________________ 23 Paticia A. Savage Attorney for Plaintiffs 24 Jay Robinson and Hugo Pineda 25 26 Date: 1/25/2024 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP 27 28 4 JOINT CASE MANAGEMENT CONFERENCE STATEMENT AFDOCS:199431404.1 1 ____s/Shane Singh_________________ Shane Singh 2 Attorney for Defendant 3 Asomeo Environmental Restoration Industry, LLC 4 5 Date: ARENTFOX SCHIFF, LLP 6 7 ____s/Morgan P. Forsey_____________ 8 Morgan P. Forsey 9 Attorney for Defendant Phillips & Jordan, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 JOINT CASE MANAGEMENT CONFERENCE STATEMENT AFDOCS:199431404.1