Preview
19CV347173
Santa Clara — Civil
System System
Electronically Filed
Larry W. Lee (State Bar No. 228175) by Superior Court of CA,
DIVERSITY LAW GROUP, P.C. County of Santa Clara,
515 S. Figueroa St., Suite 1250 on 7/2/2020 10:42 AM
Los Angeles, California 90071 Reviewed By: System System
(213) 488-6555 Case #19CV347173
(213) 488-6554 facsimile Envelope: 4543220
Iwlee@diversitylaw.com
Attorneys for Plaintiff and the Class
*** ADDITIONAL COUNSEL LISTED ON NEXT PAGE
FLETCHER C. ALFORD (SBN: 152314)
MICHAEL D. BRUNO (SBN: 166805)
SETH WEISBURST (SBN: 259323)
10 GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
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San Francisco, CA 94111
12 Telephone: (415) 986-5900
Facsimile: (415) 986-8054
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Attorneys for Defendant STANFORD HEALTH CARE
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15 SUPERIOR COURT OF THE STATE OF CALIFORNIA
16 FOR THE COUNTY OF SANTA CLARA
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LILLIAN AUDYCKL, individually and on Case No. 19CV347173
18 behalf of all others similarly situated,
19 Assigned for All Purposes to Honorable
Patricia M. Lucas in Department 3
20 Plaintiff,
JOINT CASE MANAGEMENT
21 CONFERENCE STATEMENT
22 vs.
Date: July 10, 2020
23 Time 10:00 a.m.
STANFORD HEALTH CARE, a Corporation: :> Dept. a
24 and DOES 1 through 50, inclusive,
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Defendants.
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
ADDITIONAL COUNSEL
Edward W. Choi, Esq. SBN 211334 William L. Marder, Esq. (SSN 170131)
LAW OFFICES OF CHOI & ASSOCIATES POLARIS LAW GROUP
515 S. Figueroa St., Suite 1250 501 San Benito Street, Suite 200
Los Angeles, CA 90071 Hollister, CA 95023
Telephone: (213) 381-1515 Telephone: (831) 531-4214
Facsimile: (213) 465-4885 Facsimile: (831) 634-0333
Email: edward.choi@choiandassociates.com bill olarislawgroup.com
Dennis S. Hyun (State Bar No. 224240)
HYUN LEGAL, APC
515 S. Figueroa St., Suite 1250
Los Angeles, California 90071
10 (213) 488-6555
(213) 488-6554 facsimile
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dhyun@hyunlegal.com
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Plaintiff LILLIAN AUDYCKI (“Plaintiff”) and Defendant STANFORD HEALTH CARE
(“Defendant”) (Plaintiff and Defendant are collectively referred to as the “Parties”), by and through
their undersigned counsel of record, submit this Joint Initial Status Conference Statement in
connection with the Case Management Conference set for July 10, 2020, at 10:00 a.m., in
Department 3 of the above-referenced court, the Honorable Patricia M. Lucas, presiding.
1. DISCOVERY TO DATE
Plaintiff propounded Special Interrogatories and Requests for Production of Documents to
Defendant. The Parties have been meeting and conferring regarding Defendant’s responses and
initially scheduled an informal discovery conference (“IDC”) before Judge Brian Walsh.
10 Plaintiff's counsel will reserve an IDC hearing date with this Court as a result of this Court’s
11 reassignment.
12 2. ARBITRATION CLAUSES
13 The Parties are not aware of any applicable arbitration agreements.
14 3. RELATED LITIGATION
15 A Plaintiff's Position
16 After nearly a year of litigation of this Action, Defendant identified two related cases,
17 Tawnya Coogan vy. Stanford Health Care (Case No. 19CV360010) (“Coogan”) and Michelle Rhyne
18 v. Stanford Health Care (Case No. 19CV341248) (“RAyner”). In addition, Plaintiffs counsel also
19 filed a separate class and Private Attorneys General Act (the “PAGA”) action, Ferlatte v. Stanford
20 Health Care (Case No. 20CV365879) (“Ferlatte’”’), which is still pending before Judge Walsh.
21 Plaintiff understands that Rhyner was dismissed and that the only remaining actions, in
22 addition to the current Audycki action, are Coogan and Ferlatte. In that regard, Plaintiff has agreed
23 with counsel for Defendant and Coogan that the pending actions, i.e., this Action, Ferlatte, and
24 Coogan be consolidated into one action before this Court. The Parties expect to submit a stipulatio
25 to this Court to request consolidation of such cases and to file a Consolidated Complaint.
26 B. Defendant’s Position
27 Defendant disputes that there was any improper delay in its identification of the related cases
28 and refers the Court to the Notices of Related Cases it filed. Defendant had prepared a motion to
consolidate this Action, Coogan, and Ferlatte and was preparing to finalize and file it. However,
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Defendant agrees with Plaintiffs current position that the best course is to avoid motion practice an
for the Parties to submit a stipulation to this Court to request consolidation of these three cases for
both pre-trial and trial purposes.
4. DESCRIPTION OF FACTUAL AND LEGAL ISSUES
A. Plaintiff's Position
1 As to the Audycki Action only, Defendant violated Labor Code §226 by the
failing to list the accurate total hours worked on wage statements furnished to Plaintiff and the
putative class whenever shift differential wages, such as night or weekend shift differential wages,
were paid
10 2. Defendant is liable for penalties under Labor Code §2698, et seq. (“PAGA”)
11 predicated on its violation of Labor Code §226 as set forth above.
12 B Defendant's Position
13 Defendant denies that it violated Labor Code § 226 and denies that it is liable for any
14 penalties under Labor Code § 2698.
15 5. VIEWS ON ADR
16 Plaintiff is amenable to private mediation. Defendant is also amenable to private mediation
17 for the planned consolidated action once the parties have exchanged sufficient information to
18 proceed.
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20 DATED: July 2, 2020 Respectfully submitted,
21 DIVERSITY LAW GROUP
22 LAW OFFICES OF CHOI & ASSOCIATES
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24 By: ==
25 Larry W. Lee
Edward W. Choi
26 Attorneys for Plaintiff LILLIAN AUDYCKI
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 DATED: July 2, 2020 Respectfully submitted,
GORDON REES SCULLY MANSUKHANI, LLP
CY
) Ly i
y f
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By: Wwe
Fletcher C. Alford
Michael D. Bruno
Seth Weisburst
Attorneys for Defendant STANFORD HEALTH CARE
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
PROOF OF SERVICE
(Code of Civil Procedure Sections 1013a, 2015.5)
STATE OF CALIFORNIA ]
]ss.
COUNTY OF LOS ANGELES ]
lam employed in the County of Los Angeles, State of California. | am over the age of
18 and not a party to the within action; my business address is 515 S. Figueroa Street, Suite
1250, Los Angeles, California 90071.
On July 2, 2020, I served the following document(s) described as: JOINT CASE
10 MANAGEMENT CONFERENCE STATEMENT on the interested parties in this action as
follows:
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Fletcher C. Alford
12 Michael D. Bruno
13 Seth Weisburst
Gordon Rees Scully Mansukhani, LLP
14 275 Battery Street, Suite 2000
San Francisco, California 94111
15 Attorneys for Defendant Stanford Health Care
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X BY ELECTRONIC SERVICE: Based on a court order I caused the
17 above-entitled document(s) to be served through the Odyssey eFileCA E-Filing System at the
website www.california.tylerhost.net, addressed to all parties appearing on the electronic service
18 list for the above-entitled case. The service transmission was reported as complete and a copy of
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the filing receipt/confirmation will be filed, deposited, or maintained with the original
document(s) in this office.
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I declare under penalty of perjury under the laws of the State of California that the
21 above is true and correct. Executed on July 2, 2020, at Los Angeles, California.
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Olympia Pena
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PROOF OF SERVICE
Preview
19CV347173 Santa Clara — Civil System System Electronically Filed Larry W. Lee (State Bar No. 228175) by Superior Court of CA, DIVERSITY LAW GROUP, P.C. County of Santa Clara, 515 S. Figueroa St., Suite 1250 on 7/2/2020 10:42 AM Los Angeles, California 90071 Reviewed By: System System (213) 488-6555 Case #19CV347173 (213) 488-6554 facsimile Envelope: 4543220 Iwlee@diversitylaw.com Attorneys for Plaintiff and the Class *** ADDITIONAL COUNSEL LISTED ON NEXT PAGE FLETCHER C. ALFORD (SBN: 152314) MICHAEL D. BRUNO (SBN: 166805) SETH WEISBURST (SBN: 259323) 10 GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 11 San Francisco, CA 94111 12 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 13 Attorneys for Defendant STANFORD HEALTH CARE 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 FOR THE COUNTY OF SANTA CLARA 17 LILLIAN AUDYCKL, individually and on Case No. 19CV347173 18 behalf of all others similarly situated, 19 Assigned for All Purposes to Honorable Patricia M. Lucas in Department 3 20 Plaintiff, JOINT CASE MANAGEMENT 21 CONFERENCE STATEMENT 22 vs. Date: July 10, 2020 23 Time 10:00 a.m. STANFORD HEALTH CARE, a Corporation: :> Dept. a 24 and DOES 1 through 50, inclusive, 25 26 Defendants. 27 28 1 JOINT CASE MANAGEMENT CONFERENCE STATEMENT ADDITIONAL COUNSEL Edward W. Choi, Esq. SBN 211334 William L. Marder, Esq. (SSN 170131) LAW OFFICES OF CHOI & ASSOCIATES POLARIS LAW GROUP 515 S. Figueroa St., Suite 1250 501 San Benito Street, Suite 200 Los Angeles, CA 90071 Hollister, CA 95023 Telephone: (213) 381-1515 Telephone: (831) 531-4214 Facsimile: (213) 465-4885 Facsimile: (831) 634-0333 Email: edward.choi@choiandassociates.com bill olarislawgroup.com Dennis S. Hyun (State Bar No. 224240) HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 10 (213) 488-6555 (213) 488-6554 facsimile 11 dhyun@hyunlegal.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 JOINT CASE MANAGEMENT CONFERENCE STATEMENT Plaintiff LILLIAN AUDYCKI (“Plaintiff”) and Defendant STANFORD HEALTH CARE (“Defendant”) (Plaintiff and Defendant are collectively referred to as the “Parties”), by and through their undersigned counsel of record, submit this Joint Initial Status Conference Statement in connection with the Case Management Conference set for July 10, 2020, at 10:00 a.m., in Department 3 of the above-referenced court, the Honorable Patricia M. Lucas, presiding. 1. DISCOVERY TO DATE Plaintiff propounded Special Interrogatories and Requests for Production of Documents to Defendant. The Parties have been meeting and conferring regarding Defendant’s responses and initially scheduled an informal discovery conference (“IDC”) before Judge Brian Walsh. 10 Plaintiff's counsel will reserve an IDC hearing date with this Court as a result of this Court’s 11 reassignment. 12 2. ARBITRATION CLAUSES 13 The Parties are not aware of any applicable arbitration agreements. 14 3. RELATED LITIGATION 15 A Plaintiff's Position 16 After nearly a year of litigation of this Action, Defendant identified two related cases, 17 Tawnya Coogan vy. Stanford Health Care (Case No. 19CV360010) (“Coogan”) and Michelle Rhyne 18 v. Stanford Health Care (Case No. 19CV341248) (“RAyner”). In addition, Plaintiffs counsel also 19 filed a separate class and Private Attorneys General Act (the “PAGA”) action, Ferlatte v. Stanford 20 Health Care (Case No. 20CV365879) (“Ferlatte’”’), which is still pending before Judge Walsh. 21 Plaintiff understands that Rhyner was dismissed and that the only remaining actions, in 22 addition to the current Audycki action, are Coogan and Ferlatte. In that regard, Plaintiff has agreed 23 with counsel for Defendant and Coogan that the pending actions, i.e., this Action, Ferlatte, and 24 Coogan be consolidated into one action before this Court. The Parties expect to submit a stipulatio 25 to this Court to request consolidation of such cases and to file a Consolidated Complaint. 26 B. Defendant’s Position 27 Defendant disputes that there was any improper delay in its identification of the related cases 28 and refers the Court to the Notices of Related Cases it filed. Defendant had prepared a motion to consolidate this Action, Coogan, and Ferlatte and was preparing to finalize and file it. However, JOINT CASE MANAGEMENT CONFERENCE STATEMENT Defendant agrees with Plaintiffs current position that the best course is to avoid motion practice an for the Parties to submit a stipulation to this Court to request consolidation of these three cases for both pre-trial and trial purposes. 4. DESCRIPTION OF FACTUAL AND LEGAL ISSUES A. Plaintiff's Position 1 As to the Audycki Action only, Defendant violated Labor Code §226 by the failing to list the accurate total hours worked on wage statements furnished to Plaintiff and the putative class whenever shift differential wages, such as night or weekend shift differential wages, were paid 10 2. Defendant is liable for penalties under Labor Code §2698, et seq. (“PAGA”) 11 predicated on its violation of Labor Code §226 as set forth above. 12 B Defendant's Position 13 Defendant denies that it violated Labor Code § 226 and denies that it is liable for any 14 penalties under Labor Code § 2698. 15 5. VIEWS ON ADR 16 Plaintiff is amenable to private mediation. Defendant is also amenable to private mediation 17 for the planned consolidated action once the parties have exchanged sufficient information to 18 proceed. 19 20 DATED: July 2, 2020 Respectfully submitted, 21 DIVERSITY LAW GROUP 22 LAW OFFICES OF CHOI & ASSOCIATES 23 24 By: == 25 Larry W. Lee Edward W. Choi 26 Attorneys for Plaintiff LILLIAN AUDYCKI 27 28 4 JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 DATED: July 2, 2020 Respectfully submitted, GORDON REES SCULLY MANSUKHANI, LLP CY ) Ly i y f Z By: Wwe Fletcher C. Alford Michael D. Bruno Seth Weisburst Attorneys for Defendant STANFORD HEALTH CARE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT CASE MANAGEMENT CONFERENCE STATEMENT PROOF OF SERVICE (Code of Civil Procedure Sections 1013a, 2015.5) STATE OF CALIFORNIA ] ]ss. COUNTY OF LOS ANGELES ] lam employed in the County of Los Angeles, State of California. | am over the age of 18 and not a party to the within action; my business address is 515 S. Figueroa Street, Suite 1250, Los Angeles, California 90071. On July 2, 2020, I served the following document(s) described as: JOINT CASE 10 MANAGEMENT CONFERENCE STATEMENT on the interested parties in this action as follows: 11 Fletcher C. Alford 12 Michael D. Bruno 13 Seth Weisburst Gordon Rees Scully Mansukhani, LLP 14 275 Battery Street, Suite 2000 San Francisco, California 94111 15 Attorneys for Defendant Stanford Health Care 16 X BY ELECTRONIC SERVICE: Based on a court order I caused the 17 above-entitled document(s) to be served through the Odyssey eFileCA E-Filing System at the website www.california.tylerhost.net, addressed to all parties appearing on the electronic service 18 list for the above-entitled case. The service transmission was reported as complete and a copy of 19 the filing receipt/confirmation will be filed, deposited, or maintained with the original document(s) in this office. 20 I declare under penalty of perjury under the laws of the State of California that the 21 above is true and correct. Executed on July 2, 2020, at Los Angeles, California. 22 23 Olympia Pena 24 25 26 27 28 PROOF OF SERVICE