On May 01, 2019 a
Party Statement
was filed
involving a dispute between
Alexander Charles,
Henry Mulak,
and
Varsity Tutors, Llc,
for civil
in the District Court of Santa Clara County.
Preview
Steven M. Tindall (SBN 187862)
smt@classlawgroup.com
Jeffrey Kosbie (SBN 305424)
jbk@classlawgroup.com
Rosanne L. Mah (SBN 242628)
rlm@classlawgroup.com
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, California 94607
Telephone: (510) 350-9700
Fax: (510) 350-9701
Attorneys for Plaintiff
ALEXANDER CHARLES
Rafael G. Nendel-Flores (SBN 223358)
rmendelflores@ClarkHill.com
Guillermo M. Tello (SBN 277896)
gtello@ClarkHill.com
10 Alejandro Rosa (SNB: 340410)
arosa@ClarkHill.com
11 CLARK HILL LLP
555 S. Flower Street, 24" Floor
12 Los Angeles, California 90071
Telephone: (213) 891-9100
13 Fax: (213) 488-1178
Attorneys for Defendant
14 VARSITY TUTORS LLC
15
16 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
17 COUNTY OF SANTA CLARA
18
19
ALEXANDER CHARLES and HENRY Case No.: 19CV347249
20 MULAK, as individuals,
Hon. Theodore C. Zayner, Department 19
21 Plaintiffs,
JOINT CASE MANAGEMENT
22 vs. CONFERENCE STATEMENT
23 VARSITY TUTORS LLC, DATE: February 21, 2024
TIME: 2:30 PM
24 Defendant. DEPT: 19
25 Complaint Filed: May 1, 2019
FAC: May 30, 2019
26 Trial Date: May 13, 2024
27
28
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
ClarkHill\J3638\397006\276082887.v 1-2/16/24
Pursuant to this Court’s Complex Civil Guidelines and the October 16, 2023 Notice of
Rescheduled Case Management Conference, Plaintiff Alexander Charles (“Plaintiff”) and Defendant
Varsity Tutors LLC (“Varsity Tutors” or “Defendant’) (collectively, “the Parties”) submit this Joint
Statement in advance of the February 21, 2024, Case Management Conference (“CMC”).
1 Procedural History Since the Filing of the Notice of Conditional Settlement
On October 16, 2023, Plaintiff filed a Notice of Conditional Settlement, alerting the Court that
(a) the Parties had conducted a mediation on June 27, 2022 with experienced employment law mediator
Tripper Ortman; (b) the mediator stayed in touch with the Parties following the mediation; (c) settlement
discussions resumed during the previous few months; (d) the settlement discussions culminated in a
10 settlement proposal that was accepted by both Parties that would resolve all claims in the matter; and (d)
11 the Parties would begin drafting the detailed settlement agreement and intended to submit it to the Court
12 for approval shortly. See Plaintiff's Notice of Conditional Settlement at 1.
13 Plaintiff drafted a detailed settlement agreement and submitted it to Defendant for review on
14 November 21, 2023. Defendant has indicated that it is in the process of reviewing Plaintiff's draft
15 settlement agreement.
16 Plaintiff’s Position
17 Given that the Parties have already agreed to terms on which the case can be settled, Plaintiff
18 believes that a detailed settlement agreement can still be reached. The process, however, has been
19 delayed because Defendant has neither agreed to the draft settlement agreement that Plaintiff forwarded
20 to Defendant nor provided any proposed revisions to it. Since Plaintiff sent his draft agreement on
21 November 21, Defendant has indicated several times that it intends to send revisions to the agreement
22 back to Plaintiff, but it has not done so. Regardless of whether Defendant provides proposed revisions to
23 the settlement prior to the CMC on February 21, Plaintiff respectfully requests that the Court both hold
24 the CMC on February 21 and also schedule a follow-up CMC in approximately 30 days (for example, on
25 March 20 or 27) to monitor whether progress has been made on the detailed settlement agreement so
26 that this case may be brought to a resolution.
27 Mil
28
1
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
ClarkHill\J3638\397006\276082887.v1-2/16/24
Defendant’s Position
Plaintiffis correct that there has been a delay in providing defense proposed revisions to the draft
settlement agreement prepared by Plaintiff's counsel. The undersigned counsel (Rafael G. Nendel-
Flores) takes full responsibility for this delay. Defendant respectfully suggests that the currently
scheduled February 21 CMC be continued by approximately 30-days. Further, Defense counsel is
available on March 20 for a continued CMC (which also appears to an available date for Plaintiff’ s
counsel).
IL. Other Topic:
The Parties will be available at the Case Management Conference to address any questions the
10 Court may have.
11
Dated: February 16, 2024 GIBBS LAW GROUP LLP
12
13
14 Steven M. Tindall
Jeffrey Kosbie
15 Rosanne L. Mah
Attorneys for Plaintiff
16 ALEXANDER CHARLES
17 Dated: February 16, 2024 CLARK HILL LLP
18
By:_« <2 ZA
19 Rafael Nendel-Flores
Guillermo Tello
20 Alejandro Rosa
Attorneys for Defendant
21 VARSITY TUTORS LLC
22
23
24
25
26
27
28
2
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
ClarkHill\J3638\397006\276082887.v1-2/16/24
PROOF OF SERVICE
Tam employed in the county of Alameda, State of California. I am over the age of 18 and not
a party to the within action. My business address is: 1111 Broadway, Suite 2100, Oakland,
California 94607.
On February 16, 2024, I served a copy of the document(s) described as:
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
on the following interested party(ies) in this action:
Rafael G. Nendel-Flores
Diane Vo
Guillermo M. Tello
Alejandro E. Rosa
10 CLARK HILL PLC
555 South Flower Street
11 24th Floor
Los Angeles, CA 90071
12 Email: rmendelflores@ClarkHill.com
Email: dvo@ClarkHill.com
13
Email: gtello@ClarkHill.com
14 Email: arosa@ClarkHill.com
15 Attorneys for Varsity Tutors LLC
16
[x] BY EMAIL: by electronically transmitting PDF versions of above listed documents to the
17 email addresses set forth above on this date.
18 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.
19
Executed on February 16, 2024, at Oakland, California.
20
21
22 Hone’
Hi en Bohol
23
24
25
26
27
28
PROOF OF SERVICE
Document Filed Date
February 16, 2024
Case Filing Date
May 01, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Steven M. Tindall (SBN 187862) smt@classlawgroup.com Jeffrey Kosbie (SBN 305424) jbk@classlawgroup.com Rosanne L. Mah (SBN 242628) rlm@classlawgroup.com GIBBS LAW GROUP LLP 1111 Broadway, Suite 2100 Oakland, California 94607 Telephone: (510) 350-9700 Fax: (510) 350-9701 Attorneys for Plaintiff ALEXANDER CHARLES Rafael G. Nendel-Flores (SBN 223358) rmendelflores@ClarkHill.com Guillermo M. Tello (SBN 277896) gtello@ClarkHill.com 10 Alejandro Rosa (SNB: 340410) arosa@ClarkHill.com 11 CLARK HILL LLP 555 S. Flower Street, 24" Floor 12 Los Angeles, California 90071 Telephone: (213) 891-9100 13 Fax: (213) 488-1178 Attorneys for Defendant 14 VARSITY TUTORS LLC 15 16 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 17 COUNTY OF SANTA CLARA 18 19 ALEXANDER CHARLES and HENRY Case No.: 19CV347249 20 MULAK, as individuals, Hon. Theodore C. Zayner, Department 19 21 Plaintiffs, JOINT CASE MANAGEMENT 22 vs. CONFERENCE STATEMENT 23 VARSITY TUTORS LLC, DATE: February 21, 2024 TIME: 2:30 PM 24 Defendant. DEPT: 19 25 Complaint Filed: May 1, 2019 FAC: May 30, 2019 26 Trial Date: May 13, 2024 27 28 JOINT CASE MANAGEMENT CONFERENCE STATEMENT ClarkHill\J3638\397006\276082887.v 1-2/16/24 Pursuant to this Court’s Complex Civil Guidelines and the October 16, 2023 Notice of Rescheduled Case Management Conference, Plaintiff Alexander Charles (“Plaintiff”) and Defendant Varsity Tutors LLC (“Varsity Tutors” or “Defendant’) (collectively, “the Parties”) submit this Joint Statement in advance of the February 21, 2024, Case Management Conference (“CMC”). 1 Procedural History Since the Filing of the Notice of Conditional Settlement On October 16, 2023, Plaintiff filed a Notice of Conditional Settlement, alerting the Court that (a) the Parties had conducted a mediation on June 27, 2022 with experienced employment law mediator Tripper Ortman; (b) the mediator stayed in touch with the Parties following the mediation; (c) settlement discussions resumed during the previous few months; (d) the settlement discussions culminated in a 10 settlement proposal that was accepted by both Parties that would resolve all claims in the matter; and (d) 11 the Parties would begin drafting the detailed settlement agreement and intended to submit it to the Court 12 for approval shortly. See Plaintiff's Notice of Conditional Settlement at 1. 13 Plaintiff drafted a detailed settlement agreement and submitted it to Defendant for review on 14 November 21, 2023. Defendant has indicated that it is in the process of reviewing Plaintiff's draft 15 settlement agreement. 16 Plaintiff’s Position 17 Given that the Parties have already agreed to terms on which the case can be settled, Plaintiff 18 believes that a detailed settlement agreement can still be reached. The process, however, has been 19 delayed because Defendant has neither agreed to the draft settlement agreement that Plaintiff forwarded 20 to Defendant nor provided any proposed revisions to it. Since Plaintiff sent his draft agreement on 21 November 21, Defendant has indicated several times that it intends to send revisions to the agreement 22 back to Plaintiff, but it has not done so. Regardless of whether Defendant provides proposed revisions to 23 the settlement prior to the CMC on February 21, Plaintiff respectfully requests that the Court both hold 24 the CMC on February 21 and also schedule a follow-up CMC in approximately 30 days (for example, on 25 March 20 or 27) to monitor whether progress has been made on the detailed settlement agreement so 26 that this case may be brought to a resolution. 27 Mil 28 1 JOINT CASE MANAGEMENT CONFERENCE STATEMENT ClarkHill\J3638\397006\276082887.v1-2/16/24 Defendant’s Position Plaintiffis correct that there has been a delay in providing defense proposed revisions to the draft settlement agreement prepared by Plaintiff's counsel. The undersigned counsel (Rafael G. Nendel- Flores) takes full responsibility for this delay. Defendant respectfully suggests that the currently scheduled February 21 CMC be continued by approximately 30-days. Further, Defense counsel is available on March 20 for a continued CMC (which also appears to an available date for Plaintiff’ s counsel). IL. Other Topic: The Parties will be available at the Case Management Conference to address any questions the 10 Court may have. 11 Dated: February 16, 2024 GIBBS LAW GROUP LLP 12 13 14 Steven M. Tindall Jeffrey Kosbie 15 Rosanne L. Mah Attorneys for Plaintiff 16 ALEXANDER CHARLES 17 Dated: February 16, 2024 CLARK HILL LLP 18 By:_« <2 ZA 19 Rafael Nendel-Flores Guillermo Tello 20 Alejandro Rosa Attorneys for Defendant 21 VARSITY TUTORS LLC 22 23 24 25 26 27 28 2 JOINT CASE MANAGEMENT CONFERENCE STATEMENT ClarkHill\J3638\397006\276082887.v1-2/16/24 PROOF OF SERVICE Tam employed in the county of Alameda, State of California. I am over the age of 18 and not a party to the within action. My business address is: 1111 Broadway, Suite 2100, Oakland, California 94607. On February 16, 2024, I served a copy of the document(s) described as: JOINT CASE MANAGEMENT CONFERENCE STATEMENT on the following interested party(ies) in this action: Rafael G. Nendel-Flores Diane Vo Guillermo M. Tello Alejandro E. Rosa 10 CLARK HILL PLC 555 South Flower Street 11 24th Floor Los Angeles, CA 90071 12 Email: rmendelflores@ClarkHill.com Email: dvo@ClarkHill.com 13 Email: gtello@ClarkHill.com 14 Email: arosa@ClarkHill.com 15 Attorneys for Varsity Tutors LLC 16 [x] BY EMAIL: by electronically transmitting PDF versions of above listed documents to the 17 email addresses set forth above on this date. 18 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 19 Executed on February 16, 2024, at Oakland, California. 20 21 22 Hone’ Hi en Bohol 23 24 25 26 27 28 PROOF OF SERVICE