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1 LISA A. STILSON (SBN 196059)
lisa.stilson@roll.com
2 MATTHEW D. MORAN (SBN 197075)
matthew.moran@roll.com
3 NANCY FRANCO (SBN 294856)
nancy.franco@roll.com
4 LUDIA KWON
Ludia.Kwon@roll.com (SBN 335577)
5 ROLL LAW GROUP PC
11444 West Olympic Boulevard
6 Los Angeles, California 90064-1557
Telephone: (310) 966-8400
7 Facsimile: (310) 966-8810
8 Attorneys for Defendants
THE WONDERFUL COMPANY LLC;
9 WONDERFUL CITRUS PACKING LLC; and
POM WONDERFUL LLC
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF KERN
13
14 Coordination Proceedings Special Title (Rule JUDICIAL COUNCIL
3.550) COORDINATION PROCEEDING
15 NO. 5057
THE WONDERFUL COMPANY WAGE
16 AND HOUR CASES DEFENDANTS’ STATUS CONFERENCE
STATEMENT IN ADVANCE OF APRIL
17 25, 2024 STATUS CONFERENCE
Included actions:
18 Date: April 25, 2024
Roy, et al v. The Wonderful Company, LLC et Time: 8:15 a.m.
19 al, Superior Court of California County Dept.: 17
of Los Angeles Case No. 19STCV07080
20
Hernandez v. Wonderful Citrus Packing LLC,
21 Case No. RIC2002804 [Assigned to the Honorable Thomas S. Clark,
Dept. 17]
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DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS
CONFERENCE
1 Defendants The Wonderful Company LLC, Wonderful Citrus Packing LLC (“Citrus
2 Packing”), and POM Wonderful LLC (“POM”) submit the following status report in advance of
3 the April 25, 2024, status conference, scheduled before the Honorable Thomas S. Clark, in
4 Department 17 of the above-captioned court.
5 I. STATUS OF CLAIMS ASSERTED BY PLAINTIFF MENDOZA AGAINST POM
6 On October 6, 2023, this Court granted POM’s Motion for Judgment on the Pleadings, on
7 the grounds that Plaintiff Guadalupe Mendoza failed to timely exhaust administrative remedies
8 and give pre-filing notice to POM as required by California Labor Code section 2699.3.
9 On October 31, 2023, Plaintiff Mendoza filed her Third Amended Complaint and POM
10 filed its responding Demurrer on February 13, 2024. The Court granted POM’s Demurrer on
11 March 3, 2024, with leave to amend, on the grounds that Plaintiff’s DOE Amendment adding
12 POM to this action was improper and did not cause POM to relate back to the filing date of the
13 First Amended Complaint on January 6, 2020, which would leave Plaintiff's claims against POM
14 time-barred. Plaintiff’s deadline to file her Fourth Amended Complaint is April 12, 2024.
15 I. STATUS OF THE STAY AS TO CLAIMS AGAINST CITRUS PACKING,
16 INCLUDING THE HERNANDEZ MATTER AND THE APPEAL IN ZEPEDA
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On June 26, 2020, this Court granted a stay for all claims asserted against Citrus Packing
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pending the outcome of the appeal of the order denying certification and the orders granting
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summary judgment in favor of Citrus Packing in the matter of Victor Zepeda, et al. v. Citrus
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Packing, Case No. S-150-CV-282439 DRL, filed in Kern County Superior Court and presided
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over by Judge David Lampe (hereinafter “Zepeda”). This Court granted the stay on the basis that
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the named Plaintiffs, Eric Roy and Eric Perez, who are former employees of Citrus Packing, are
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collaterally estopped from asserting their class claims because The Downey Law Firm, for over
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five years, litigated and attempted to certify an identical class action against Citrus Packing in the
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Zepeda matter.
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Plaintiffs Eric Roy and Eric Perez have signaled to Citrus Packing, that they will request
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the Court to lift the stay on their case at the April 25, 2024 Status Conference. However, Citrus
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Packing is opposed to lifting any stay on Plaintiffs Eric Roy and Eric Perez’s case, as any and all
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DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS
CONFERENCE
1 of Eric Roy’s and Eric Perez’s alleged wage and hour class action claims and PAGA claims are
2 now completely barred by res judicata.
3 Notably, The Downey Law Firm filed Eric Perez’s declaration in support of Zepeda’s
4 Motion for Class Certification and Eric Roy’s declaration in support of Zepeda’s Opposition to
5 Citrus Packing’s Motion for Summary Judgement. Attached hereto is a true and correct copy of
6 Eric Perez’s Declaration as Exhibit A and relevant excerpts of Eric Roy’s Declaration as Exhibit
7 B. Moreover, Eric Roy and Eric Perez no longer worked for Citrus Packing prior to Zepeda filing
8 his Motion for Class Certification on March 1, 2018. See paragraph 29 of Exhibit A, wherein,
9 Eric Perez declared his termination with Citrus Packing was prior to March 1, 2018; also, attached
10 hereto as Exhibit C is a true and correct copy of Eric Roy’s Separation Checklist, reflecting his
11 employment was terminated before March 1, 2018. As such, all of Eric Roy and Eric Perez’s class
12 claims against Citrus Packing have already been adjudicated in Zepeda.
13 Citrus Packing and Zepeda have agreed to file a stipulation to coordinate the Zepeda matter
14 with these coordinated cases. Citrus Packing sent its proposed stipulation to counsel for Zepeda on
15 April 1, 2024 and Citrus Packing anticipates the Parties will sign the stipulation prior to the April
16 25, 2024 Case Management Conference.
17 Plaintiff Graciela Grey Hernandez (“Plaintiff Hernandez”) is a former employee of Citrus
18 Packing, and only her Private Attorneys General Act (“PAGA”) claim against Citrus Packing on
19 behalf of herself and other Citrus Packing employees remains. On April 8, 2021, this Court
20 granted the coordination of this matter and request for a stay pending the outcome of the Zepeda
21 appeal. Citrus Packing proposes to open discovery only as to Hernandez’s heat safety and seating
22 PAGA claims.
23 II. STATUS OF CLAIMS ASSERTED BY PLAINTIFFS AGAINST THE
24 WONDERFUL COMPANY
25 The Wonderful Company anticipates it will file a Motion for Summary Judgment to seek
26 dismissal from this consolidated action as an improper defendant.
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DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS
CONFERENCE
1 DATED: April 9, 2024 ROLL LAW GROUP PC
2
3
By: /s/ Ludia Kwon
4 Ludia Kwon
Attorneys for Defendants
5 The Wonderful Company LLC; Wonderful Citrus
Packing LLC; and POM Wonderful LLC
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DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS
CONFERENCE
EXHijJIT A
Cory G. Lee, Esq. (SBN 216921)
THE DOWNEY LAW FIRM (OF COUNSEL)
9595 Wilshire Blvd., Suite 900
2 Beverly Hills, CA 90212
Tel: (213) 291-3333
3 Fax: (610) 813-4579
Email: downeyjusticelee@gmail.com
4
Philip A. Downey (pro hac vice)
5 THE DOWNEY LAW FIRM
P.O. Box 1021
6 Unionville, PA 19375
Tel: (610) 324-2848
7 Fax: (610) 813-4579
Email: downeyjustice@gmail.com
8
Attorneys for Plaintiffs and the proposed Class
9
10 SUPERIOR COURT OF CALIFORNIA
11 COUNTY OF KERN
12
VICTOR ZEPEDA, ALEJANDRA VILLEGAS ) Case No. S-1500-CV-282439 DRL
13 and ULISES TORRES, on behalf of themselves
)
and on behalf of all other similarly situated
) Assigned to Judge David R. Lampe
14 individuals, ) Department 11
Plaintiffs,)
15
) DECLARATION OF ERIC PEREZ ISO
16 V. ) PLAINTIFFS' MOTION FOR CLASS
) CERTIFICATION
17 WONDERFUL CITRUS PACKING LLC (f/k/a )
PARAMOUNT CITRUS PACKING COMPANY ) Date: July 2, 2018
18
LLC) and DOES 1-50, inclusive, ) Time: 8:30 a.m.
19 Defendants. )
) Reservation ID 29277
20 )
)
21 )
22 )
)
23 ________________ .)
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28 - 1-
DECLARATION OF ERIC PEREZ ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
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Zepeda, et al, et al v. Paramount Citrus, et al
DECLARATION Of ERIC PEREZ
I declare as follows:
1. I, Eric Perez, I am over 18 years old and am qualified to make this declaration.
2. I started in approximately 2012 as an Operator in D-2 and soon after became a Lead.
3. During my first two years, I worked as an Operator and a Lead. As an operator I
could not take my meal break or rest break without being relieved or told to take my meal
break and/or rest break. To walk away from my machine without being relieved could be
grounds for discipline. As a Lead r was told to take a Rest Break and Meal Break when I
could, but if I was operating a machine, which was common as a Lead, I could not leave
without being relieved.
4. In the beginning of 2012, time clocks were on the production floor and the clocks
were about 1 minute from the meal break room. However in 2013 they moved the break
room upstairs and then the walk became about 3-4 minutes in each direction and we also
had to wash our hands before punching back in. I, and my co workers, never received a 30-
minute meal break free of work duties during the time period because of time we spent
walking in each direction to and from the time clocks, waiting in line to wash our hands and
washing our hands, and waiting in line to punch back in from our meal breaks. I was never
paid a one hour meal break premium for performing these work activities during my meal
breaks during this time period and as a Lead, I am unaware of any workers under. My
Supeivision having been paid the due and owing meal break premium for not having been
provided with duty free 30 minute meal breaks.
5. In late 2013, or early 2014, Paramount/Wonderful moved the punch clocks to the
top of the stairs at the Catwalk. The walk from these clocks was about 2-3 minutes In each
direction and all workers on Production had to wash their hands during the 30 minutes.
Neither(, nor workers under my supervision, were ever able to take a duty free 30 minute
meal break because of the walking time, time spent waiting in line to wash our hands and
washing our hands, and waiting in line to punch back in from our meal breaks during what
was supposed to be my 30 minute duty free meal break. I was never paid a one-hour meal
break premium for performing these work activities during my meal breaks during this
time period, and to my knowledge none of my workers were paid due and owing one hour
meal break premiums as a result of having to work during their 30 minute meal breaks.
6. As an Operator and Lead in 2012-13 Ted Yukawa was the manager and he knew
that I and my co workers were unable to take rest breaks because I and my coworkers
complained to him in person that we were not able to leave our machines to take Rest
Breaks. Neither l, or to my knowledge, any of my co workers were ever paid a Rest Break
premium for not being provided with a Rest Break when I was an Operator. Ted Yukawa
also knew that we were not being provided with timely first and second meal breaks (in
days in which we worked over 12 hours). I know this because Ted was responsible for
reviewing punches of me and my co workers. I was never paid a one hour meal break
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premium, nor were my co workers for not having been provided with meal breaks within 5
hours of starting work.
7. As a Lead during my first two years I could almost never get away for a Rest Break
because I was responsible if the line went down, if there was an injury, I had to report all
incidents, I had to supervise all workers to ensure they were doing their jobs.
8. When I first started as a Lead, I think it was in 2012, I was given a radio and trained
that I should have that radio on and with me at all times including meal and rest breaks and
to answer it if called with a work question because I was responsible for my Lines, 1 & 2.
9. I had roughly 108 workers in 2012-2013 and during that season the workers under
my Supervision were never able to take a 30 minute duty free meal break because of
walking time to and from time docks to break rooms, having to wait in lines to wash their
hands, having to wash their hands. and having to wait in line to punch back in, if there was a
line for the punch clock. I was. Never trained or instructed to arrange for these workers to
be paid one hour of meal break premium for not being provided with a 30 minute duty free
meal break,
10. Between 2012 and 2014, none of the workers under my supervision, nor any
production workers in 0-2 Production Department were able to take a 30 minute duty free
meal break because they were required to use the same punch clock at the top of the stairs,
this was not optional, they had to walk 2-3 minutes in each direction wash their hands
before re punching back in, wait in line tow ah hands and sometimes to punch back in. I
was never instructed that these workers should be paid a one-hour meal break premium for
not being provided with a duty free 30 minute meal break.
11. As a Lead in 2012/13, I was never trained to pay someone one hour of premium pay
if they were not provided with a rest break, and I never did. Likewise, I was never trained
in 2012/13 to pay someone a one hour meal break premium if they were not provided their
first meal break within S hours, and I never did, nor was I trained that if a worker working
over 12 hours had not been provided with a second meal break within 10 hours of starting
work that they were owed a one hour meal break premium. I myself was never paid a Rest
break premium as a lead for not being provided with a Rest Break. In fact, it was not until
the 2016 season that we were trained on workers being owed one hour of pay if they were
not provided with a meal break within 5 hours of starting work.
12. Because I was required to answer my radio during meal breaks and rest breaks, I
was never provided with a duty free meal break or rest break during season in 2012, 2013,
and 2014.
13. In 2013/14 Season I was watching Lines 3-4 in D-2 Production. These workers also
punched out and an in for meal breaks at the time clocks when they were located at the top
of the stairs on the Catwalk and had to walk 2-3 minutes in each direction during their 30-
mlnute meal breaks, wait in line to wash their hands, wash their hands, before punching
back in, and sometimes wait in line to punch back in. There were 90 workers under my
supervision at this time and none of them was able to take a 30 minute meal break because
they were required to use the same punch clock at the top of the stairs, this was not
optional. I was never instructed that these workers should be paid a one-hour meal break
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premium for not being provided with a duty free 30 minute meal break, and to my
knowledge, they never were.
14. Sometimes we were all sent to rest break and meal break at the same time,
depending upon order volume. When this happened, we would share the same punch clock
with anywhere from 90-120 workers attempting to punch in and out at the same time. This
line could take 5 minutes, on top of the walking time in each direction. I was never paid one
hour of meal break premium when the entire line was sent to meal break at the same time
and I was never instructed to pay workers under my supervision one hour of meal break
premium for not being able to take a duty free 30 minute meal break when this occurred
and to. My knowledge no one was paid a one hour meal break premium for not having been
provided with a 30 minute meal breaks.
15. I was issued a cell phone, in addition to my radio in 2014, at about the time I was
promoted to Business Coordinator. I was placed in charge of Mod 4, Lines 7 & 8, and had
about 112 workers under my supervision.
16, 1was told l was given a cell phone to answer texts and respond to e-mails. I was
instructed to carry it with me at all times, even during meal breaks and rest breaks, and to
answer if it contacted during meal break and rest breaks.
17. I had to carry with me, at all times, and answer, the radio and/or cell phone, if
contacted during all meal breaks and rest breaks, I was never paid meal break penalties, or
rest break penalties for not being provided with duty free meal and rest breaks between
2014 and April, 2017. hour meal break penalty.
18. Between 2014 and 2016 r was never trained as a Business Coordinator to pay
workers under my Supeivision a one-hour meal break premium if they were not provided
with a meal break within 5 hours of starting their shift. I also do not recall receiving
training on paying workers a one-hour meal break premium if they worked over 12 hours
but did not take a second thirty-minute meal break within 10 hours of starting their shift.
19. I was never trained during my entire time at Wonderful to pay workers under my
supervision a one-hour rest break premium if they were not provided with a rest break.
20, In 2015, or 2016, the time clocks on the Catwalk were moved closer to the break
room. Between 2015, or early 2016 workers would use those docks to punch in and out for
meal break.. After the clocks were moved workers then could wash their hands after
punching out form meal break.
21. In the 2016/17 season I was told by Paul Theisson that I was the interim supervisor
and was told that I was in charge of Mods 3 & 4 in d-2 Production, I was never fully
promoted before being fired. I never had access to edit ADP punches. I had about 170
workers under my Supervision.
22. The procedure for correcting missing punches was to hand out time sheets, ask a
worker about their missing punch, have the worker sign it and send them out to JoAlice or
to the Admin on the floor to give to JoAllce to add missing punches.
3
9
23.. During the entire time that I worked in D-2 between 2012 and 2017 workers in D-2
Production could not take a meal break or rest break without either being relieved or told
to take a meal break or rest break. Workers in 0-2 Production could not and cannot to this
day take meal or rest breaks without first being relived by a relief worker to take their meal
break and/ or rest breaks.
24. As a Lead, Business Coordinator and interim Supervisor. I heard reports on a daily basis
that workers had been unable to take a rest break because of not being relieved, or
production pressures. I never knew these workers should have been paid one hour of
premium pay for not having been provided with a rest break.
25. In 2012 there only two time clocks and we had to punch in 5 minutes prior to our
time so we could be at training classes on time. We were always required to punch in
before the start of our paid time. I had to swipe through a door and enter the plant from the
parking lot before getting to the time clock where I punched in. I was under the rules and
regulations of the company form the time I entered the plant, even before punching in and
entering the production floor. Our time was rounded to reflect that we had started at the
time of our shift I arrived more than 5 minutes prior because I had to wait 2-3 minutes to
punch in.
26. Between 2012 and 2014, we had to put on our PPE before punching in because the
time clocks were located in, or close to production areas. It was not until approximately
2015 about the they moved the time docks to near the door that we began putting on PPE
a~er punching in. We had to wait in In line to get our PPE before outing it n and punching In
5 minutes prior tour shift We were not paid for this time waiting to get our PPE and
putting on our PPE prior to paid time
27. After being the given the phone in 2014, it was expected ofme to answer work
questions before work and after work, but I was never paid for this off the dock work,. Al
spent on average about 10 minutes pre shift and 30 minutes postpaid shift dealing with
work Issues on the company cell phone.
28. Rounding ended in 2017, but hey never told us why. If we are owed back wages
because of Wonderful's rounding policy this has never been told to us.
29. I was fired for allegedly sleeping on the job. I was paid within 24 hours of being told
I was fired. To this day, I have never been paid all of the premium pay that I am owed for
not having been provided legally compliant meal and rest breaks. Nor have I been paid over
time owed to me for performing mandatory work duties prior to and after my paid shift.
I declare under penalty perjury of the laws of the state of California that the
foregoing is true and correct to the best of my knowledge.
Signed on thi~~day ofFebruary, 2018.
...
Print Name Signature \
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EXH~1JIT B
1 Philip A. Downey (pro hac vice)
THE DOWNEY LAW FIRM
2 19 Rock Road
Long Valley, NJ 07853
3 Tel: (610) 324-284
Fax: (610) 813-4579
4 Email: downeyjustice@gmail.com
5 Attorneys for Plaintiffs and the proposed Class
6 SUPERIOR COURT OF CALIFORNIA
7 COUNTY OF KERN
8 VICTOR ZEPEDA, ALEJANDRA VILLEGAS ) Case No. S-1500-CV-282439 DRL
and ULISES TORRES, on behalf of themselves
)
9 and on behalf of all other similarly situated
) Assigned to Judge David R. Lampe
10 individuals, ) Department 11
Plaintiffs,
)
11 ) DECLARATION OF PHILIP A. DOWNE
V.
) ISO PLAINTIFF'S OPPOSITION TO
12 WONDERFUL CITRUS PACKING LLC (f/k/a ) WONDERFUL'S MOTION FOR
l3 PARAMOUNT CITRUS PACKING COMPANY ) SUMMARY JUDGMENT, OR IN THE
LLC) and DOES 1-50, inclusive, ) ALTERNATIVE SUMMARY
Defendants. ) ADJUDICATION
14
)
15 ) Date: September 24 &25
) Time: 8:30 a.m.
16 ) Dept: 11
17 [Assigned to the Honorable David R. Lampe
Dept. 11]
18
Reservation ID
19
20 CONDITIONALLY UNDER SEAL
21 DECLARATION OF PHILIP A. DOWNEY
22
23 Exhibits 3, 4
24
Exhibits 5, 6
25
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27
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MEMORANDUM OF POINTS & AUTHROITIES ISO PLAINTIFFS' OPPOSITION TO
WONDERRFUL's MOTION FOR SUMMARY JUDGEMENT
12
EXHIBIT 3
13
DECLARATION OF ERIC ROY
1. My name is Eric Roy, I am over 18 years old, and I am qualified to make this
Declaration.
2. I am currently employed at Wonderful Citrus Packing as a maintenance
mechanic since 2012. I have always worked in D-2.
3. During the entire time I have worked there, I have been required to carry a
company issued radio on my meal breaks and rest breaks, and to answer the radio if
called during my meal and rest breaks.
4. As a result of being required to carry a radio and to answer that radio during
my meal breaks and rest breaks, I was never provided with either a duty free meal
break, or rest break.
5. I was never paid one hour premium pay for having to carry a radio and
respond to calls on Wonderful's radio during meal breaks and rest breaks.
6. Punch clocks were on the Catwalk above the production lines between
roughly 2012 and late 2014 or some time in 2015. Ifl was working in Production, I,
and Production workers, had to punch out at those clocks to start our meal break.
The walk from these clocks to the break room took approximately 3-5 minutes,
depending upon how many workers were taking meal break. For several years
entire lines would break for meal break at the same time and this would result in
many workers taking meal break at the same time. Approximately two years ago,
they began relieving workers for meal breaks one at a time, or in small groups.
7. Because of the walking time from the punch clocks to the break room when
the punch clocks were located at the top of the stairs on the catwalk, above the
production floor, I could not sit in the break room for 30 minutes. Indeed by the
time I arrived at the break room, 3-5 minutes had elapsed and I would have to leave
about 5 minutes before 30 minutes was over. This is because of both walking time
to return to the punch clocks, and waiting in line to punch back in. I could be
disciplined if I punched back in later than 30 minutes after punching out.
8. There were certain walking paths that we had to follow to get to and from
punch clocks and to and from break rooms.
9. I had a locker where I stored tools. I punched approximately 5 minutes prior
to my shift to give me time to go to my locker and attend a pre shift meeting.
10. If we were close to the 12 hour mark we would punch out before going to the
lockers to avoid being written up for clocking out over 12 hours.
14
11. There have been many days that I have worked through rest breaks because
we are so busy. This is because we cannot walk away and leave a machine down
during production. Supervisors want production machinery back up and
functioning as soon as possible. Supervisors get angry if we break away and leave a
machine down.
I declare under penalty perjury of the laws of the state of California that the
foregoing is true and correct to the best of my knowledge.
Signed on this 28th day of January, 2018.
~-:;;::> ~z
Eric Roy 7
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EXH~JJIT C
Wonderful citrus
Separation Checklist
Employee Name: Employee Number: Term Date:
Eric Roy 435475 2/2/2018
Items Provided to Employee:
Final Pay Check: YES NO N/A
All hours worked
PTO balance
Notice to Employee as to Change in YES NO N/A
Relationship
EDD DE-2320: YES NO N/A
California's Programs for the
Unemployed
COBRA Letter YES NO N/A
Department of Health Care Services: YES NO N/A
Health Insurance Premium
Payment Program
Supplemental Life Conversion Form - YES NO N/A
The Hartford
Severance Agreement YES NO N/A
i X---__ /)
_
k - v- /
C ~ ny-Property Returned :
/
Computer Equip-m,~ot( YES NO N/A
Laptop, iPad, charger(s)
Desktop
Cell Phone and Charger(s) YES NO N/A
Corporate Credit Card YES NO N/A
Security Badge YES NO N/A
Vehicle Keys YES NO N/A
Office Keys YES NO N/A
~;7-~? __;:2.--.,,;i...~/g
7
Employee Signature Date
;)-. --;) - (\I
Cf, {;.tf!Jr,----cc:;:;--
Human Resources Representative Date
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1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Los Angeles, State of California. My business address is 11444 West
4 Olympic Boulevard, Los Angeles, CA 90064-1557.
5 On April 12, 2024, I served true copies of the following document(s) described as
DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25,
6 2024 STATUS CONFERENCE on the interested parties in this action as follows:
7 BRADLEY/GROMBACHER, LLP THE DOWNEY LAW FIRM
Marcus J. Bradley Eric D. Rouen
8 Kiley L. Grombacher Philip Downey
Lirit A. King 1500 Gabaldon Road NW
9 31365 Oak Crest Drive, Suite 240 Albuquerque, NM 87104
Westlake Village, California 91361 Telephone: (610) 470-5111
10 Telephone: (805) 270-7100 Facsimile: (610) 813-4579
Facsimile: (805) 270-7589 rouenlaw@att.net
11 mbradley@bradleygrombacher.com downeyjustice@gmail.com
kgrombacher@bradleygrombacher.com FelipeDowney@Parnalllaw.com
12 lking@bradleygrombacher.com
Counsel for Plaintiffs ERIC ROY, ERIC
13 Counsel for Plaintiff GRACIELA GRAY PEREZ, and GUADALUPE MENDOZA
HERNANDEZ
14 RODRIGUEZ & ASSOCIATES
LAW OFFICES OF Daniel Rodriguez
15 SAHAG MAJARIAN II Jefferson Eberhardt
Sahag Majarian II 1128 Truxtun Avenue
16 18250 Ventura Boulevard · Bakersfield, CA 93301
Tarzana, California 91356 Telephone: (661) 323-1400
17 Telephone (818} 609-0807 Facsimile: (661) 323-0132
Facsimile: (818) 609-0892 DR@rodriguezlaw.net
18 sahagii@aol.com jefferson@rodriguezlaw.net
Stephanie@rodriguezlaw.net
19 Phyllis@rodriguezlaw.net
20 Associate Counsel for Plaintiffs ERIC
ROY, ERIC PEREZ, and GUADALUPE
21 MENDOZA
22 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
document(s) to be sent from e-mail address Lori.Reed@roll.com to the persons at the e-mail
23 addresses listed in the Service List.
24 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
25
Executed on April 12, 2024, at Los Angeles, California.
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/s/ Lori Reed
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DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS
CONFERENCE
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1 LISA A. STILSON (SBN 196059) lisa.stilson@roll.com 2 MATTHEW D. MORAN (SBN 197075) matthew.moran@roll.com 3 NANCY FRANCO (SBN 294856) nancy.franco@roll.com 4 LUDIA KWON Ludia.Kwon@roll.com (SBN 335577) 5 ROLL LAW GROUP PC 11444 West Olympic Boulevard 6 Los Angeles, California 90064-1557 Telephone: (310) 966-8400 7 Facsimile: (310) 966-8810 8 Attorneys for Defendants THE WONDERFUL COMPANY LLC; 9 WONDERFUL CITRUS PACKING LLC; and POM WONDERFUL LLC 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF KERN 13 14 Coordination Proceedings Special Title (Rule JUDICIAL COUNCIL 3.550) COORDINATION PROCEEDING 15 NO. 5057 THE WONDERFUL COMPANY WAGE 16 AND HOUR CASES DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 17 25, 2024 STATUS CONFERENCE Included actions: 18 Date: April 25, 2024 Roy, et al v. The Wonderful Company, LLC et Time: 8:15 a.m. 19 al, Superior Court of California County Dept.: 17 of Los Angeles Case No. 19STCV07080 20 Hernandez v. Wonderful Citrus Packing LLC, 21 Case No. RIC2002804 [Assigned to the Honorable Thomas S. Clark, Dept. 17] 22 23 24 25 26 27 28 DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS CONFERENCE 1 Defendants The Wonderful Company LLC, Wonderful Citrus Packing LLC (“Citrus 2 Packing”), and POM Wonderful LLC (“POM”) submit the following status report in advance of 3 the April 25, 2024, status conference, scheduled before the Honorable Thomas S. Clark, in 4 Department 17 of the above-captioned court. 5 I. STATUS OF CLAIMS ASSERTED BY PLAINTIFF MENDOZA AGAINST POM 6 On October 6, 2023, this Court granted POM’s Motion for Judgment on the Pleadings, on 7 the grounds that Plaintiff Guadalupe Mendoza failed to timely exhaust administrative remedies 8 and give pre-filing notice to POM as required by California Labor Code section 2699.3. 9 On October 31, 2023, Plaintiff Mendoza filed her Third Amended Complaint and POM 10 filed its responding Demurrer on February 13, 2024. The Court granted POM’s Demurrer on 11 March 3, 2024, with leave to amend, on the grounds that Plaintiff’s DOE Amendment adding 12 POM to this action was improper and did not cause POM to relate back to the filing date of the 13 First Amended Complaint on January 6, 2020, which would leave Plaintiff's claims against POM 14 time-barred. Plaintiff’s deadline to file her Fourth Amended Complaint is April 12, 2024. 15 I. STATUS OF THE STAY AS TO CLAIMS AGAINST CITRUS PACKING, 16 INCLUDING THE HERNANDEZ MATTER AND THE APPEAL IN ZEPEDA 17 On June 26, 2020, this Court granted a stay for all claims asserted against Citrus Packing 18 pending the outcome of the appeal of the order denying certification and the orders granting 19 summary judgment in favor of Citrus Packing in the matter of Victor Zepeda, et al. v. Citrus 20 Packing, Case No. S-150-CV-282439 DRL, filed in Kern County Superior Court and presided 21 over by Judge David Lampe (hereinafter “Zepeda”). This Court granted the stay on the basis that 22 the named Plaintiffs, Eric Roy and Eric Perez, who are former employees of Citrus Packing, are 23 collaterally estopped from asserting their class claims because The Downey Law Firm, for over 24 five years, litigated and attempted to certify an identical class action against Citrus Packing in the 25 Zepeda matter. 26 Plaintiffs Eric Roy and Eric Perez have signaled to Citrus Packing, that they will request 27 the Court to lift the stay on their case at the April 25, 2024 Status Conference. However, Citrus 28 Packing is opposed to lifting any stay on Plaintiffs Eric Roy and Eric Perez’s case, as any and all 2 DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS CONFERENCE 1 of Eric Roy’s and Eric Perez’s alleged wage and hour class action claims and PAGA claims are 2 now completely barred by res judicata. 3 Notably, The Downey Law Firm filed Eric Perez’s declaration in support of Zepeda’s 4 Motion for Class Certification and Eric Roy’s declaration in support of Zepeda’s Opposition to 5 Citrus Packing’s Motion for Summary Judgement. Attached hereto is a true and correct copy of 6 Eric Perez’s Declaration as Exhibit A and relevant excerpts of Eric Roy’s Declaration as Exhibit 7 B. Moreover, Eric Roy and Eric Perez no longer worked for Citrus Packing prior to Zepeda filing 8 his Motion for Class Certification on March 1, 2018. See paragraph 29 of Exhibit A, wherein, 9 Eric Perez declared his termination with Citrus Packing was prior to March 1, 2018; also, attached 10 hereto as Exhibit C is a true and correct copy of Eric Roy’s Separation Checklist, reflecting his 11 employment was terminated before March 1, 2018. As such, all of Eric Roy and Eric Perez’s class 12 claims against Citrus Packing have already been adjudicated in Zepeda. 13 Citrus Packing and Zepeda have agreed to file a stipulation to coordinate the Zepeda matter 14 with these coordinated cases. Citrus Packing sent its proposed stipulation to counsel for Zepeda on 15 April 1, 2024 and Citrus Packing anticipates the Parties will sign the stipulation prior to the April 16 25, 2024 Case Management Conference. 17 Plaintiff Graciela Grey Hernandez (“Plaintiff Hernandez”) is a former employee of Citrus 18 Packing, and only her Private Attorneys General Act (“PAGA”) claim against Citrus Packing on 19 behalf of herself and other Citrus Packing employees remains. On April 8, 2021, this Court 20 granted the coordination of this matter and request for a stay pending the outcome of the Zepeda 21 appeal. Citrus Packing proposes to open discovery only as to Hernandez’s heat safety and seating 22 PAGA claims. 23 II. STATUS OF CLAIMS ASSERTED BY PLAINTIFFS AGAINST THE 24 WONDERFUL COMPANY 25 The Wonderful Company anticipates it will file a Motion for Summary Judgment to seek 26 dismissal from this consolidated action as an improper defendant. 27 28 3 DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS CONFERENCE 1 DATED: April 9, 2024 ROLL LAW GROUP PC 2 3 By: /s/ Ludia Kwon 4 Ludia Kwon Attorneys for Defendants 5 The Wonderful Company LLC; Wonderful Citrus Packing LLC; and POM Wonderful LLC 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS CONFERENCE EXHijJIT A Cory G. Lee, Esq. (SBN 216921) THE DOWNEY LAW FIRM (OF COUNSEL) 9595 Wilshire Blvd., Suite 900 2 Beverly Hills, CA 90212 Tel: (213) 291-3333 3 Fax: (610) 813-4579 Email: downeyjusticelee@gmail.com 4 Philip A. Downey (pro hac vice) 5 THE DOWNEY LAW FIRM P.O. Box 1021 6 Unionville, PA 19375 Tel: (610) 324-2848 7 Fax: (610) 813-4579 Email: downeyjustice@gmail.com 8 Attorneys for Plaintiffs and the proposed Class 9 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF KERN 12 VICTOR ZEPEDA, ALEJANDRA VILLEGAS ) Case No. S-1500-CV-282439 DRL 13 and ULISES TORRES, on behalf of themselves ) and on behalf of all other similarly situated ) Assigned to Judge David R. Lampe 14 individuals, ) Department 11 Plaintiffs,) 15 ) DECLARATION OF ERIC PEREZ ISO 16 V. ) PLAINTIFFS' MOTION FOR CLASS ) CERTIFICATION 17 WONDERFUL CITRUS PACKING LLC (f/k/a ) PARAMOUNT CITRUS PACKING COMPANY ) Date: July 2, 2018 18 LLC) and DOES 1-50, inclusive, ) Time: 8:30 a.m. 19 Defendants. ) ) Reservation ID 29277 20 ) ) 21 ) 22 ) ) 23 ________________ .) 24 25 26 27 28 - 1- DECLARATION OF ERIC PEREZ ISO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION 6 .• Zepeda, et al, et al v. Paramount Citrus, et al DECLARATION Of ERIC PEREZ I declare as follows: 1. I, Eric Perez, I am over 18 years old and am qualified to make this declaration. 2. I started in approximately 2012 as an Operator in D-2 and soon after became a Lead. 3. During my first two years, I worked as an Operator and a Lead. As an operator I could not take my meal break or rest break without being relieved or told to take my meal break and/or rest break. To walk away from my machine without being relieved could be grounds for discipline. As a Lead r was told to take a Rest Break and Meal Break when I could, but if I was operating a machine, which was common as a Lead, I could not leave without being relieved. 4. In the beginning of 2012, time clocks were on the production floor and the clocks were about 1 minute from the meal break room. However in 2013 they moved the break room upstairs and then the walk became about 3-4 minutes in each direction and we also had to wash our hands before punching back in. I, and my co workers, never received a 30- minute meal break free of work duties during the time period because of time we spent walking in each direction to and from the time clocks, waiting in line to wash our hands and washing our hands, and waiting in line to punch back in from our meal breaks. I was never paid a one hour meal break premium for performing these work activities during my meal breaks during this time period and as a Lead, I am unaware of any workers under. My Supeivision having been paid the due and owing meal break premium for not having been provided with duty free 30 minute meal breaks. 5. In late 2013, or early 2014, Paramount/Wonderful moved the punch clocks to the top of the stairs at the Catwalk. The walk from these clocks was about 2-3 minutes In each direction and all workers on Production had to wash their hands during the 30 minutes. Neither(, nor workers under my supervision, were ever able to take a duty free 30 minute meal break because of the walking time, time spent waiting in line to wash our hands and washing our hands, and waiting in line to punch back in from our meal breaks during what was supposed to be my 30 minute duty free meal break. I was never paid a one-hour meal break premium for performing these work activities during my meal breaks during this time period, and to my knowledge none of my workers were paid due and owing one hour meal break premiums as a result of having to work during their 30 minute meal breaks. 6. As an Operator and Lead in 2012-13 Ted Yukawa was the manager and he knew that I and my co workers were unable to take rest breaks because I and my coworkers complained to him in person that we were not able to leave our machines to take Rest Breaks. Neither l, or to my knowledge, any of my co workers were ever paid a Rest Break premium for not being provided with a Rest Break when I was an Operator. Ted Yukawa also knew that we were not being provided with timely first and second meal breaks (in days in which we worked over 12 hours). I know this because Ted was responsible for reviewing punches of me and my co workers. I was never paid a one hour meal break 7 premium, nor were my co workers for not having been provided with meal breaks within 5 hours of starting work. 7. As a Lead during my first two years I could almost never get away for a Rest Break because I was responsible if the line went down, if there was an injury, I had to report all incidents, I had to supervise all workers to ensure they were doing their jobs. 8. When I first started as a Lead, I think it was in 2012, I was given a radio and trained that I should have that radio on and with me at all times including meal and rest breaks and to answer it if called with a work question because I was responsible for my Lines, 1 & 2. 9. I had roughly 108 workers in 2012-2013 and during that season the workers under my Supervision were never able to take a 30 minute duty free meal break because of walking time to and from time docks to break rooms, having to wait in lines to wash their hands, having to wash their hands. and having to wait in line to punch back in, if there was a line for the punch clock. I was. Never trained or instructed to arrange for these workers to be paid one hour of meal break premium for not being provided with a 30 minute duty free meal break, 10. Between 2012 and 2014, none of the workers under my supervision, nor any production workers in 0-2 Production Department were able to take a 30 minute duty free meal break because they were required to use the same punch clock at the top of the stairs, this was not optional, they had to walk 2-3 minutes in each direction wash their hands before re punching back in, wait in line tow ah hands and sometimes to punch back in. I was never instructed that these workers should be paid a one-hour meal break premium for not being provided with a duty free 30 minute meal break. 11. As a Lead in 2012/13, I was never trained to pay someone one hour of premium pay if they were not provided with a rest break, and I never did. Likewise, I was never trained in 2012/13 to pay someone a one hour meal break premium if they were not provided their first meal break within S hours, and I never did, nor was I trained that if a worker working over 12 hours had not been provided with a second meal break within 10 hours of starting work that they were owed a one hour meal break premium. I myself was never paid a Rest break premium as a lead for not being provided with a Rest Break. In fact, it was not until the 2016 season that we were trained on workers being owed one hour of pay if they were not provided with a meal break within 5 hours of starting work. 12. Because I was required to answer my radio during meal breaks and rest breaks, I was never provided with a duty free meal break or rest break during season in 2012, 2013, and 2014. 13. In 2013/14 Season I was watching Lines 3-4 in D-2 Production. These workers also punched out and an in for meal breaks at the time clocks when they were located at the top of the stairs on the Catwalk and had to walk 2-3 minutes in each direction during their 30- mlnute meal breaks, wait in line to wash their hands, wash their hands, before punching back in, and sometimes wait in line to punch back in. There were 90 workers under my supervision at this time and none of them was able to take a 30 minute meal break because they were required to use the same punch clock at the top of the stairs, this was not optional. I was never instructed that these workers should be paid a one-hour meal break 2 8 premium for not being provided with a duty free 30 minute meal break, and to my knowledge, they never were. 14. Sometimes we were all sent to rest break and meal break at the same time, depending upon order volume. When this happened, we would share the same punch clock with anywhere from 90-120 workers attempting to punch in and out at the same time. This line could take 5 minutes, on top of the walking time in each direction. I was never paid one hour of meal break premium when the entire line was sent to meal break at the same time and I was never instructed to pay workers under my supervision one hour of meal break premium for not being able to take a duty free 30 minute meal break when this occurred and to. My knowledge no one was paid a one hour meal break premium for not having been provided with a 30 minute meal breaks. 15. I was issued a cell phone, in addition to my radio in 2014, at about the time I was promoted to Business Coordinator. I was placed in charge of Mod 4, Lines 7 & 8, and had about 112 workers under my supervision. 16, 1was told l was given a cell phone to answer texts and respond to e-mails. I was instructed to carry it with me at all times, even during meal breaks and rest breaks, and to answer if it contacted during meal break and rest breaks. 17. I had to carry with me, at all times, and answer, the radio and/or cell phone, if contacted during all meal breaks and rest breaks, I was never paid meal break penalties, or rest break penalties for not being provided with duty free meal and rest breaks between 2014 and April, 2017. hour meal break penalty. 18. Between 2014 and 2016 r was never trained as a Business Coordinator to pay workers under my Supeivision a one-hour meal break premium if they were not provided with a meal break within 5 hours of starting their shift. I also do not recall receiving training on paying workers a one-hour meal break premium if they worked over 12 hours but did not take a second thirty-minute meal break within 10 hours of starting their shift. 19. I was never trained during my entire time at Wonderful to pay workers under my supervision a one-hour rest break premium if they were not provided with a rest break. 20, In 2015, or 2016, the time clocks on the Catwalk were moved closer to the break room. Between 2015, or early 2016 workers would use those docks to punch in and out for meal break.. After the clocks were moved workers then could wash their hands after punching out form meal break. 21. In the 2016/17 season I was told by Paul Theisson that I was the interim supervisor and was told that I was in charge of Mods 3 & 4 in d-2 Production, I was never fully promoted before being fired. I never had access to edit ADP punches. I had about 170 workers under my Supervision. 22. The procedure for correcting missing punches was to hand out time sheets, ask a worker about their missing punch, have the worker sign it and send them out to JoAlice or to the Admin on the floor to give to JoAllce to add missing punches. 3 9 23.. During the entire time that I worked in D-2 between 2012 and 2017 workers in D-2 Production could not take a meal break or rest break without either being relieved or told to take a meal break or rest break. Workers in 0-2 Production could not and cannot to this day take meal or rest breaks without first being relived by a relief worker to take their meal break and/ or rest breaks. 24. As a Lead, Business Coordinator and interim Supervisor. I heard reports on a daily basis that workers had been unable to take a rest break because of not being relieved, or production pressures. I never knew these workers should have been paid one hour of premium pay for not having been provided with a rest break. 25. In 2012 there only two time clocks and we had to punch in 5 minutes prior to our time so we could be at training classes on time. We were always required to punch in before the start of our paid time. I had to swipe through a door and enter the plant from the parking lot before getting to the time clock where I punched in. I was under the rules and regulations of the company form the time I entered the plant, even before punching in and entering the production floor. Our time was rounded to reflect that we had started at the time of our shift I arrived more than 5 minutes prior because I had to wait 2-3 minutes to punch in. 26. Between 2012 and 2014, we had to put on our PPE before punching in because the time clocks were located in, or close to production areas. It was not until approximately 2015 about the they moved the time docks to near the door that we began putting on PPE a~er punching in. We had to wait in In line to get our PPE before outing it n and punching In 5 minutes prior tour shift We were not paid for this time waiting to get our PPE and putting on our PPE prior to paid time 27. After being the given the phone in 2014, it was expected ofme to answer work questions before work and after work, but I was never paid for this off the dock work,. Al spent on average about 10 minutes pre shift and 30 minutes postpaid shift dealing with work Issues on the company cell phone. 28. Rounding ended in 2017, but hey never told us why. If we are owed back wages because of Wonderful's rounding policy this has never been told to us. 29. I was fired for allegedly sleeping on the job. I was paid within 24 hours of being told I was fired. To this day, I have never been paid all of the premium pay that I am owed for not having been provided legally compliant meal and rest breaks. Nor have I been paid over time owed to me for performing mandatory work duties prior to and after my paid shift. I declare under penalty perjury of the laws of the state of California that the foregoing is true and correct to the best of my knowledge. Signed on thi~~day ofFebruary, 2018. ... Print Name Signature \ --- 4 10 EXH~1JIT B 1 Philip A. Downey (pro hac vice) THE DOWNEY LAW FIRM 2 19 Rock Road Long Valley, NJ 07853 3 Tel: (610) 324-284 Fax: (610) 813-4579 4 Email: downeyjustice@gmail.com 5 Attorneys for Plaintiffs and the proposed Class 6 SUPERIOR COURT OF CALIFORNIA 7 COUNTY OF KERN 8 VICTOR ZEPEDA, ALEJANDRA VILLEGAS ) Case No. S-1500-CV-282439 DRL and ULISES TORRES, on behalf of themselves ) 9 and on behalf of all other similarly situated ) Assigned to Judge David R. Lampe 10 individuals, ) Department 11 Plaintiffs, ) 11 ) DECLARATION OF PHILIP A. DOWNE V. ) ISO PLAINTIFF'S OPPOSITION TO 12 WONDERFUL CITRUS PACKING LLC (f/k/a ) WONDERFUL'S MOTION FOR l3 PARAMOUNT CITRUS PACKING COMPANY ) SUMMARY JUDGMENT, OR IN THE LLC) and DOES 1-50, inclusive, ) ALTERNATIVE SUMMARY Defendants. ) ADJUDICATION 14 ) 15 ) Date: September 24 &25 ) Time: 8:30 a.m. 16 ) Dept: 11 17 [Assigned to the Honorable David R. Lampe Dept. 11] 18 Reservation ID 19 20 CONDITIONALLY UNDER SEAL 21 DECLARATION OF PHILIP A. DOWNEY 22 23 Exhibits 3, 4 24 Exhibits 5, 6 25 26 27 28 MEMORANDUM OF POINTS & AUTHROITIES ISO PLAINTIFFS' OPPOSITION TO WONDERRFUL's MOTION FOR SUMMARY JUDGEMENT 12 EXHIBIT 3 13 DECLARATION OF ERIC ROY 1. My name is Eric Roy, I am over 18 years old, and I am qualified to make this Declaration. 2. I am currently employed at Wonderful Citrus Packing as a maintenance mechanic since 2012. I have always worked in D-2. 3. During the entire time I have worked there, I have been required to carry a company issued radio on my meal breaks and rest breaks, and to answer the radio if called during my meal and rest breaks. 4. As a result of being required to carry a radio and to answer that radio during my meal breaks and rest breaks, I was never provided with either a duty free meal break, or rest break. 5. I was never paid one hour premium pay for having to carry a radio and respond to calls on Wonderful's radio during meal breaks and rest breaks. 6. Punch clocks were on the Catwalk above the production lines between roughly 2012 and late 2014 or some time in 2015. Ifl was working in Production, I, and Production workers, had to punch out at those clocks to start our meal break. The walk from these clocks to the break room took approximately 3-5 minutes, depending upon how many workers were taking meal break. For several years entire lines would break for meal break at the same time and this would result in many workers taking meal break at the same time. Approximately two years ago, they began relieving workers for meal breaks one at a time, or in small groups. 7. Because of the walking time from the punch clocks to the break room when the punch clocks were located at the top of the stairs on the catwalk, above the production floor, I could not sit in the break room for 30 minutes. Indeed by the time I arrived at the break room, 3-5 minutes had elapsed and I would have to leave about 5 minutes before 30 minutes was over. This is because of both walking time to return to the punch clocks, and waiting in line to punch back in. I could be disciplined if I punched back in later than 30 minutes after punching out. 8. There were certain walking paths that we had to follow to get to and from punch clocks and to and from break rooms. 9. I had a locker where I stored tools. I punched approximately 5 minutes prior to my shift to give me time to go to my locker and attend a pre shift meeting. 10. If we were close to the 12 hour mark we would punch out before going to the lockers to avoid being written up for clocking out over 12 hours. 14 11. There have been many days that I have worked through rest breaks because we are so busy. This is because we cannot walk away and leave a machine down during production. Supervisors want production machinery back up and functioning as soon as possible. Supervisors get angry if we break away and leave a machine down. I declare under penalty perjury of the laws of the state of California that the foregoing is true and correct to the best of my knowledge. Signed on this 28th day of January, 2018. ~-:;;::> ~z Eric Roy 7 15 EXH~JJIT C Wonderful citrus Separation Checklist Employee Name: Employee Number: Term Date: Eric Roy 435475 2/2/2018 Items Provided to Employee: Final Pay Check: YES NO N/A All hours worked PTO balance Notice to Employee as to Change in YES NO N/A Relationship EDD DE-2320: YES NO N/A California's Programs for the Unemployed COBRA Letter YES NO N/A Department of Health Care Services: YES NO N/A Health Insurance Premium Payment Program Supplemental Life Conversion Form - YES NO N/A The Hartford Severance Agreement YES NO N/A i X---__ /) _ k - v- / C ~ ny-Property Returned : / Computer Equip-m,~ot( YES NO N/A Laptop, iPad, charger(s) Desktop Cell Phone and Charger(s) YES NO N/A Corporate Credit Card YES NO N/A Security Badge YES NO N/A Vehicle Keys YES NO N/A Office Keys YES NO N/A ~;7-~? __;:2.--.,,;i...~/g 7 Employee Signature Date ;)-. --;) - (\I Cf, {;.tf!Jr,----cc:;:;-- Human Resources Representative Date 17 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 11444 West 4 Olympic Boulevard, Los Angeles, CA 90064-1557. 5 On April 12, 2024, I served true copies of the following document(s) described as DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 6 2024 STATUS CONFERENCE on the interested parties in this action as follows: 7 BRADLEY/GROMBACHER, LLP THE DOWNEY LAW FIRM Marcus J. Bradley Eric D. Rouen 8 Kiley L. Grombacher Philip Downey Lirit A. King 1500 Gabaldon Road NW 9 31365 Oak Crest Drive, Suite 240 Albuquerque, NM 87104 Westlake Village, California 91361 Telephone: (610) 470-5111 10 Telephone: (805) 270-7100 Facsimile: (610) 813-4579 Facsimile: (805) 270-7589 rouenlaw@att.net 11 mbradley@bradleygrombacher.com downeyjustice@gmail.com kgrombacher@bradleygrombacher.com FelipeDowney@Parnalllaw.com 12 lking@bradleygrombacher.com Counsel for Plaintiffs ERIC ROY, ERIC 13 Counsel for Plaintiff GRACIELA GRAY PEREZ, and GUADALUPE MENDOZA HERNANDEZ 14 RODRIGUEZ & ASSOCIATES LAW OFFICES OF Daniel Rodriguez 15 SAHAG MAJARIAN II Jefferson Eberhardt Sahag Majarian II 1128 Truxtun Avenue 16 18250 Ventura Boulevard · Bakersfield, CA 93301 Tarzana, California 91356 Telephone: (661) 323-1400 17 Telephone (818} 609-0807 Facsimile: (661) 323-0132 Facsimile: (818) 609-0892 DR@rodriguezlaw.net 18 sahagii@aol.com jefferson@rodriguezlaw.net Stephanie@rodriguezlaw.net 19 Phyllis@rodriguezlaw.net 20 Associate Counsel for Plaintiffs ERIC ROY, ERIC PEREZ, and GUADALUPE 21 MENDOZA 22 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address Lori.Reed@roll.com to the persons at the e-mail 23 addresses listed in the Service List. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 25 Executed on April 12, 2024, at Los Angeles, California. 26 27 /s/ Lori Reed 28 DEFENDANTS’ STATUS CONFERENCE STATEMENT IN ADVANCE OF APRIL 25, 2024 STATUS CONFERENCE