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Daniel R. Weltin (SBN
THE LAW OFFICES OF DANIEL WELTIN P.C.
Street, Suite 350
San Leandro, CA
Tel.:
Fax: (510) 856
daniel@danielweltin.com
Todd Jackson (SBN 202598)
Andrea Obando (SBN 312640)
FEINBERG, JACKSON,
WORTHMAN & WASOW LLP
2030 Addison St., Suite 500
Berkeley, CA 94704
Tel.: (510) 269
Fax: (510) 269
todd@feinbergjackson.com
andrea@feinbergjackson.com
THE LAW OFFICES OF DANIEL WELTIN, P.C.
Attorneys for Plaintiffs and the Putative Class
SUPERIOR COURT OF THE STATE OF CALIFORNIA
Suite 350
San Leandro, CA 94578
COUNTY OF SANTA CLARA
856 4421
GUADALUPE SOSA; SANDRA Case No.: 18CV335342
Street
ARAGON GAMERO; on behalf of
themselves and all others similarly JOINT CASE MANAGEMENT
situated, CONFERENCE STATEMENT
510
laintiff
14895 E
Date: June 7
Time: 10:00 a.m.
MARRIOTT INTERNATIONAL, INC. Dept.: 1
Delaware corporation BLANCA Judge: Hon. Brian C. Walsh
CARRILLO, an individual and DOES 1
through 10, inclusive,
Defendants
Plaintiff GUADALUPE SOSA and SANDRA ARAGON GAMERO (“Plaintiff ”) and
Defendants MARRIOTT INTERNATIONAL, INC. MARRIOTT HOTEL SERVICES, INC.
and BLANCA CARRILLO (“Defendants”) (collectively “the Parties”) hereby submit this Joint
Case Management Conference Statement pursuant to this Court’s Complex Civil Litigation
Guidelines
Sosa v. Marriott International, Inc., Case No. 18CV335342
Joint Case Management Conference Statement
ADDITIONAL PARTIES
Plaintiff may seek leave to amend to add/substitute additional class representatives at a
future date should the need arise.
Defendants contend that Marriott Hotel Services, Inc. is an improperly named defendant
because it never employed Plaintiffs. The parties are meeting and conferring on this.
SERVICE LIST
Attorneys for Plaintiff:
Daniel R. Weltin (SBN 226600)
THE LAW OFFICES OF DANIEL WELTIN, P.C.
Street, Suite 350
THE LAW OFFICES OF DANIEL WELTIN, P.C.
San Leandro, CA
Tel.:
Suite 350
Fax: (510) 856
daniel@danielweltin.com
San Leandro, CA 94578
856 4421
Todd Jackson (SBN 202598)
Street
Andrea Obando (SBN 312640)
FEINBERG, JACKSON, WORTHMAN & WASOW LLP
510
2030 Addison St., Suite 500
Berkeley, CA 94704
14895 E
Telephone: (510) 269 7998
Fax: (510) 269
todd@feinbergjackson.com
andrea@feinbergjackson.com
Attorneys for Defendants:
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
GREG S. LABATE, Cal. Bar No. 149918
glabate@sheppardmullin.com
650 Town Center Drive, Floor
Costa Mesa, California 92626
Telephone:
Facsimile:
HILARY A. HABIB, Cal. Bar No. 293431
hhabib@sheppardmullin.com
333 S. Hope Street, Floor 43
Los Angeles, California
Telephone:
Facsimile:
Sosa v. Marriott International, Inc., Case No. 18CV335342
Joint Case Management Conference Statement
DISCOVERY COMPLETED TO DATE
Due to the stay of discovery in this matter, no discovery has been completed to date.
APPLICABILITY AND ENFORCEABILITY OF ARBITRATION CLAUSES
The Parties are currently unaware of any applicable or enforceable arbitration clauses
between the Parties.
RELATED LITIGATION PENDING IN OTHER COURTS
Defendants’ Position
Rivera v. Marriott International, Inc. et al. Los Angeles County Superior Court, Case
No. 19STCV14330 Lapp et al. v. Marriott International, Inc. Orange County Superior Court
THE LAW OFFICES OF DANIEL WELTIN, P.C.
Case No. 30 01049876 CXC Guzman v. Marriott International, Inc. et al.
Suite 350
Riverside Superior Court, Case No. RIC1825977.
San Leandro, CA 94578
Plaintiffs Position
856 4421
Street
Having recently learned of these cases, Plaintiffs currently do not have a position on
whether they operly are considered related cases.
510
FACTUAL AND LEGAL ISSUES
14895 E
laintiffs Position:
Plaintiff seek to represent a class of non exempt, non unionized housekeepers who are or
were employed by Defendants in the State of California. Plaintiff allege that Defendants violated
the California Labor Code by failing to authorize and permit Plaintiff and class members to take
legally compliant rest breaks, by failing to provide Plaintiff and class members with accurate
itemized wage statements, by failing to provide Plaintiff and terminated class members with all
wages due upon discharge, by failing to maintain accurate records, and for violations of
California’s Unfair Competition Law. Plaintiff also intend to recover civil penalties under the
California Private Attorney General Act, California Labor Code Section 2698, et seq., on behalf
themselves and all other aggrieved employees.
Sosa v. Marriott International, Inc., Case No. 18CV335342
Joint Case Management Conference Statement
Defendants’ Position:
Defendant deny Plaintiff allegations and deny that Plaintiff were damaged by any acts
of Defendant . Defendant further deny that this matter is suitable for class or representative
treatment. Defendants further contend that Marriott Hotel Services, Inc. is an improperly named
defendant because it never employed Plaintiffs.
ADR POSITION
The Parties believe that mediation is premature at this time.
CONDUCT OF DISCOVERY
Plaintiffs’ Position
THE LAW OFFICES OF DANIEL WELTIN, P.C.
Plaintiff anticipate several rounds of written discovery, fact witnesses and PMQ and
percipient witness depositions. covery will be conducted pursuant to the California Rules of
Suite 350
In light of Defendants’ decision not to demurrer to Plaintiffs’ Complaint,
San Leandro, CA 94578
Civil Procedure.
856 4421
Plaintiffs requested that Defendants stipulate to a lift of the discovery stay. Defendants refused,
Street
and is Plaintiffs’ position that the stay should be lifted and class wide discovery should be
510
permitted as soon as it is Plaintiffs are prepared to serve discovery immediately upon the lift of
14895 E
stay
Defendants’ Position
When the discovery stay is lifted, Defendants will request the deposition of Plaintiffs and
propound written discovery on Plaintiff, including document demands and interrogatories in order
to evaluate Plaintiffs’ individual claims. Defendants anticipate additional discovery after
evaluating Plaintiffs’ initial responses, documents and deposition testimony. Defendants contend
that any classwide discovery is premature at this time.
PROPOSED TIMELINE OF KEY EVENTS
Plaintiffs’ Proposed Timeline
Motion for Class Certification October 18, 2019
Opposition to Motion for Class Certification November 15, 2019
Reply to Opposition Motion for Class Certification December 6, 2019
Summary Judgment Motions January 13, 2020
Sosa v. Marriott International, Inc., Case No. 18CV335342
Joint Case Management Conference Statement
SHEPPARD MULLIN
Greg S. Labate
Hilary Habib
Attorneys for Defendants
THE LAW OFFICES OF DANIEL WELTIN, P.C.
Suite 350
San Leandro, CA 94578
856 4421
Street
510
14895 E
Sosa v. Marriott International, Inc., Case No. 18CV335342
Joint Case Management Conference Statement
PROOF OF SERVICE
GUADALUPE SOSA v. MARRIOTT INTERNATIONAL, INC. et. al.
18CV335342
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
At the time of service, I was over 18 years of age and not a party to this action
am employed in the County of Los Angeles, State of California. My business address is
333 South Hope Street, 43rd Floor, Los Angeles, CA 900711422.
May 31, 2019, I served true copies of the following document(s) described as
JOINT CASE MANAGEMENT CONFERENCE STATEMENTon the interested
parties in this action as follows:
SERVICE LIST
Daniel R. Weltin
Cody T. Stroman
The Law Offices of Daniel Weltin, P.C.
777 Davis Street, Suite 146
San Leandro, CA 94578
BY MAIL:I enclosed the document(s) in a sealed envelope or package addressed
to the persons at the addresses listed in the Service List and placed the envelope for
collection and mailing, following our ordinary business practices. I am readily familiar
firm's practice for collecting and processing correspondence for mailing. On the
same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service, in a sealed enve
with postage fully prepaid. I am a resident or employed in the county where the mailing
BY ELECTRONIC SERVICE:Based on a court order or an agreement of the
parties to accept service by e mail or electronic transmission via Court’s Electronic Filing
System (EFS) operated by Odyssey eFileCA EFiling System at the website
www.california.tylerhost.netaddressed to all parties appearing on the electronic service list
for the aboveentitled case.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on May 31, 2019, at Los Angeles, California.
Linda L. Cano
SMRH:4845 8169 2821.1
Preview
Daniel R. Weltin (SBN THE LAW OFFICES OF DANIEL WELTIN P.C. Street, Suite 350 San Leandro, CA Tel.: Fax: (510) 856 daniel@danielweltin.com Todd Jackson (SBN 202598) Andrea Obando (SBN 312640) FEINBERG, JACKSON, WORTHMAN & WASOW LLP 2030 Addison St., Suite 500 Berkeley, CA 94704 Tel.: (510) 269 Fax: (510) 269 todd@feinbergjackson.com andrea@feinbergjackson.com THE LAW OFFICES OF DANIEL WELTIN, P.C. Attorneys for Plaintiffs and the Putative Class SUPERIOR COURT OF THE STATE OF CALIFORNIA Suite 350 San Leandro, CA 94578 COUNTY OF SANTA CLARA 856 4421 GUADALUPE SOSA; SANDRA Case No.: 18CV335342 Street ARAGON GAMERO; on behalf of themselves and all others similarly JOINT CASE MANAGEMENT situated, CONFERENCE STATEMENT 510 laintiff 14895 E Date: June 7 Time: 10:00 a.m. MARRIOTT INTERNATIONAL, INC. Dept.: 1 Delaware corporation BLANCA Judge: Hon. Brian C. Walsh CARRILLO, an individual and DOES 1 through 10, inclusive, Defendants Plaintiff GUADALUPE SOSA and SANDRA ARAGON GAMERO (“Plaintiff ”) and Defendants MARRIOTT INTERNATIONAL, INC. MARRIOTT HOTEL SERVICES, INC. and BLANCA CARRILLO (“Defendants”) (collectively “the Parties”) hereby submit this Joint Case Management Conference Statement pursuant to this Court’s Complex Civil Litigation Guidelines Sosa v. Marriott International, Inc., Case No. 18CV335342 Joint Case Management Conference Statement ADDITIONAL PARTIES Plaintiff may seek leave to amend to add/substitute additional class representatives at a future date should the need arise. Defendants contend that Marriott Hotel Services, Inc. is an improperly named defendant because it never employed Plaintiffs. The parties are meeting and conferring on this. SERVICE LIST Attorneys for Plaintiff: Daniel R. Weltin (SBN 226600) THE LAW OFFICES OF DANIEL WELTIN, P.C. Street, Suite 350 THE LAW OFFICES OF DANIEL WELTIN, P.C. San Leandro, CA Tel.: Suite 350 Fax: (510) 856 daniel@danielweltin.com San Leandro, CA 94578 856 4421 Todd Jackson (SBN 202598) Street Andrea Obando (SBN 312640) FEINBERG, JACKSON, WORTHMAN & WASOW LLP 510 2030 Addison St., Suite 500 Berkeley, CA 94704 14895 E Telephone: (510) 269 7998 Fax: (510) 269 todd@feinbergjackson.com andrea@feinbergjackson.com Attorneys for Defendants: SHEPPARD, MULLIN, RICHTER & HAMPTON LLP GREG S. LABATE, Cal. Bar No. 149918 glabate@sheppardmullin.com 650 Town Center Drive, Floor Costa Mesa, California 92626 Telephone: Facsimile: HILARY A. HABIB, Cal. Bar No. 293431 hhabib@sheppardmullin.com 333 S. Hope Street, Floor 43 Los Angeles, California Telephone: Facsimile: Sosa v. Marriott International, Inc., Case No. 18CV335342 Joint Case Management Conference Statement DISCOVERY COMPLETED TO DATE Due to the stay of discovery in this matter, no discovery has been completed to date. APPLICABILITY AND ENFORCEABILITY OF ARBITRATION CLAUSES The Parties are currently unaware of any applicable or enforceable arbitration clauses between the Parties. RELATED LITIGATION PENDING IN OTHER COURTS Defendants’ Position Rivera v. Marriott International, Inc. et al. Los Angeles County Superior Court, Case No. 19STCV14330 Lapp et al. v. Marriott International, Inc. Orange County Superior Court THE LAW OFFICES OF DANIEL WELTIN, P.C. Case No. 30 01049876 CXC Guzman v. Marriott International, Inc. et al. Suite 350 Riverside Superior Court, Case No. RIC1825977. San Leandro, CA 94578 Plaintiffs Position 856 4421 Street Having recently learned of these cases, Plaintiffs currently do not have a position on whether they operly are considered related cases. 510 FACTUAL AND LEGAL ISSUES 14895 E laintiffs Position: Plaintiff seek to represent a class of non exempt, non unionized housekeepers who are or were employed by Defendants in the State of California. Plaintiff allege that Defendants violated the California Labor Code by failing to authorize and permit Plaintiff and class members to take legally compliant rest breaks, by failing to provide Plaintiff and class members with accurate itemized wage statements, by failing to provide Plaintiff and terminated class members with all wages due upon discharge, by failing to maintain accurate records, and for violations of California’s Unfair Competition Law. Plaintiff also intend to recover civil penalties under the California Private Attorney General Act, California Labor Code Section 2698, et seq., on behalf themselves and all other aggrieved employees. Sosa v. Marriott International, Inc., Case No. 18CV335342 Joint Case Management Conference Statement Defendants’ Position: Defendant deny Plaintiff allegations and deny that Plaintiff were damaged by any acts of Defendant . Defendant further deny that this matter is suitable for class or representative treatment. Defendants further contend that Marriott Hotel Services, Inc. is an improperly named defendant because it never employed Plaintiffs. ADR POSITION The Parties believe that mediation is premature at this time. CONDUCT OF DISCOVERY Plaintiffs’ Position THE LAW OFFICES OF DANIEL WELTIN, P.C. Plaintiff anticipate several rounds of written discovery, fact witnesses and PMQ and percipient witness depositions. covery will be conducted pursuant to the California Rules of Suite 350 In light of Defendants’ decision not to demurrer to Plaintiffs’ Complaint, San Leandro, CA 94578 Civil Procedure. 856 4421 Plaintiffs requested that Defendants stipulate to a lift of the discovery stay. Defendants refused, Street and is Plaintiffs’ position that the stay should be lifted and class wide discovery should be 510 permitted as soon as it is Plaintiffs are prepared to serve discovery immediately upon the lift of 14895 E stay Defendants’ Position When the discovery stay is lifted, Defendants will request the deposition of Plaintiffs and propound written discovery on Plaintiff, including document demands and interrogatories in order to evaluate Plaintiffs’ individual claims. Defendants anticipate additional discovery after evaluating Plaintiffs’ initial responses, documents and deposition testimony. Defendants contend that any classwide discovery is premature at this time. PROPOSED TIMELINE OF KEY EVENTS Plaintiffs’ Proposed Timeline Motion for Class Certification October 18, 2019 Opposition to Motion for Class Certification November 15, 2019 Reply to Opposition Motion for Class Certification December 6, 2019 Summary Judgment Motions January 13, 2020 Sosa v. Marriott International, Inc., Case No. 18CV335342 Joint Case Management Conference Statement SHEPPARD MULLIN Greg S. Labate Hilary Habib Attorneys for Defendants THE LAW OFFICES OF DANIEL WELTIN, P.C. Suite 350 San Leandro, CA 94578 856 4421 Street 510 14895 E Sosa v. Marriott International, Inc., Case No. 18CV335342 Joint Case Management Conference Statement PROOF OF SERVICE GUADALUPE SOSA v. MARRIOTT INTERNATIONAL, INC. et. al. 18CV335342 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action am employed in the County of Los Angeles, State of California. My business address is 333 South Hope Street, 43rd Floor, Los Angeles, CA 900711422. May 31, 2019, I served true copies of the following document(s) described as JOINT CASE MANAGEMENT CONFERENCE STATEMENTon the interested parties in this action as follows: SERVICE LIST Daniel R. Weltin Cody T. Stroman The Law Offices of Daniel Weltin, P.C. 777 Davis Street, Suite 146 San Leandro, CA 94578 BY MAIL:I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar firm's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed enve with postage fully prepaid. I am a resident or employed in the county where the mailing BY ELECTRONIC SERVICE:Based on a court order or an agreement of the parties to accept service by e mail or electronic transmission via Court’s Electronic Filing System (EFS) operated by Odyssey eFileCA EFiling System at the website www.california.tylerhost.netaddressed to all parties appearing on the electronic service list for the aboveentitled case. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 31, 2019, at Los Angeles, California. Linda L. Cano SMRH:4845 8169 2821.1