Preview
1 || Shaun Setareh (SBN 204514)
shaun@setarehlaw.com
2 || William M. Pao (SBN 219846)
william@setarehlaw.com
3 || Alexandra R. McIntosh (SBN 320904)
alex@setarehlaw.com
4 || SETAREH LAW GROUP
315 South Beverly Drive, Suite 315
5 || Beverly Hills, California 90212
Telephone (310) 888-7771
Facsimile (310) 888-0109
Attorneys for Plaintiff
MARCELO A. IGNELZI
Thomas F. Nowland (SBN 236824)
Daniel A. Brodnax (SBN 266822)
Sean B. Janzen (SBN 293426)
LAW OFFICES OF THOMAS F. NOWLAND.
11 || 20241 SW Birch Street, Suite 203
Newport Beach, California 92660
12 || Tel: (949) 221-0005 * Fax: (949) 221-0003
13 || Attorneys for Defendant
DA DEFENSE LOGISTICS HQ, LLC
14
15
SUPERIOR COURT OF THE STATE OF CALIFORNIA
16
FOR THE COUNTY OF SANTA CLARA
17
UNLIMITED JURISDICTION
18
19
MARCELO A. IGNELZI, on behalf of Case No. 17CV318170
20 || himself, all others similarly situated,
Assigned For All Purposed To The Honorable
21 Plaintiff, Thomas E. Kuhnle, Department 5
22 vs. JOINT CASE MANAGEMENT
STATEMENT
23 || DA DEFENSE LOGISTICS HQ, LLC, a
Texas limited liability company; and DOES 1 Date: January 24, 2020
24 || through 100, inclusive, Time: 10:00 a.m.
Dept.: 5
25 Defendants.
Action Filed: October 26, 2017
Case No. 17CV318170
JOINT CASE MANAGEMENT STATEMENTCem ND WA
10
11
12
13
14
15
16
17
19
20
2
22
23
24
25
26
27
28
Plaintiff Marcelo Ignelzi (“Plaintiff”) and Defendants DA Defense Logistics HQ, LLC (“DA
Defense”) (“collectively the Parties”) submit this Joint Case Management Conference statement in
advance of the Case Management Conference currently set for January 24, 2020 in this matter.
IL SUMMARY OF THE CASE
Plaintiffs’ Position:
Plaintiff filed the instant lawsuit which seeks to represent all individuals who worked for
Defendant DA Defense Logistics HQ, LLC in hourly or non-exempt positions in California during the
relevant time period. Plaintiff asserts that DA Defense failed to provide meal and rest breaks, failed to
pay hourly wages, failed to provide legally compliant wage statements, failed to timely pay all final wages,
and engaged in unfair competition. Plaintiff additionally alleges DA Defense failed to indemnify. Plaintiff’
seeks unpaid wages, actual damages, restitution, declaratory relief, pre-judgment interest, statutory
penalties, civil penalties and costs and of suit and reasonable attorney’s fees.
DA Defense’s Position:
Defendant maintains the same position it has had in previous case management joint reports.
Defendant contends that Plaintiff is not an adequate class representative. Defendant contends that
all employees took breaks at the same time on the base and were paid all wages owed, including any
premium pay for work through lunch breaks. Defendant also maintains its previous position
regarding the fact that the collective bargaining agreement expressly provides for the wages, hours
of work, and working conditions of the employees. Lastly, Defendant also maintains that the
security check issue is a vital threshold issue to be resolved.
Il. SUMMARY OF ORDERS
Plaintiff's Position:
This Court issued an order on August 23, 2019 granting Plaintiff's Motion to Compel further
responses to Request for Production Number 5 and 6. On December 23, 2019, DA Defense finally
produce the sampling of time records for 2019, 2018, 2017, and 2016. DA Defense has stated
through its counsel that they do not have records for the years of 2013, 2014, or 2015. If this is true,
Plaintiff requests that DA Defense immediately provide a verified response stating as such as well
as the reason that they do not have the records.
Case No. 17CV318170
1
JOINT CASE MANAGEMENT STATEMENT0 em ND WA RB BW NH
RN NN NY N NN NY Bee ee Be Be Be Be Be
eoQ A A FB wNH =F SBD we ADH BF BW HY KF Oo
Defendant’s Position:
At the Informal Discovery Conference on December 9, 2019, the Court ordered Plaintiff to
supplement Defendant’s Special Interrogatories 103 and 104 and amend Plaintiffs response to
Special Interrogatory 118 to include all information Defendant asked for in Special Interrogatories
117-122. On December 26, 2019, Plaintiff served his supplemental responses to aforementioned
Special Interrogatories and Defendant took its motions to compel, scheduled for January 31, 2020,
off-calendar.
Further, as stated by Plaintiff above, Defendant has complied with the Court’s previous
order to produce time records for 2019, 2018, 2017, and 2016. Defendant no longer has records for
2013, 2014, and 2015.
Ill. PROCEDURAL AND PRACTICAL PROBLEMS
Plaintiffs’ Position:
A. DISCOVERY:
Plaintiff is in the process of reviewing Defendant’s recent production of approximately
12,000 pages. Once Plaintiff has completed its review of Defendant’s production, Plaintiff will
notice the deposition of Defendant’s Person(s) Most Knowledgeable. Once Plaintiff has reviewed
Defendant’s recent document production and set a date for the deposition of Defendant, Plaintiff
will be in a better position to provide a timeline for class certification.
Defendant DA Defense’s Position:
Defendant is in the process of reviewing Plaintiff's responses to all written discovery and
anticipates that depositions will soon be noticed and taken. However, at this time, Defendant sees
no procedural and practical problems.
Iv. ANY OTHER SPECIAL CONSIDERATIONS TO ASSIST THE COURT
None at this time.
Ml
it
Mt
Mt
Case No. 17CV318170 2
JOINT CASE MANAGEMENT STATEMENToO Oo ND NW
10
iBT
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DATED: January 20, 2020
DATED: January 20, 2020
Case No. 17CV318170
SETAREH LAW GROUP
/s/ Shaun Setareh
SHAUN SETAREH
WILLIAM M. PAO
ALEXANDRA R. MCINTOSH
Attorneys for Plaintiff
MARCELO A. IGNELZI
LAW OFFICES OF THOMAS F. NOWLAND
THOMAS F. NOWLAND
DANIEL A. BRODNAX
JOSEPH F. DESIDERIO
Attorney for Defendant
DA DEFENSE LOGISTICS HQ, LLC
3
JOINT CASE MANAGEMENT STATEMENTPOS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY
Thomas F. Nowland (SBN 236824)
Daniel A. Brodnax (SBN 266822)
LAW OFFICES OF THOMAS F. NOWLAND
20241 SW Birch Street, Suite 203, Newport Beach, CA 92660
tevepHone no-(949) 221-0005 FAXNO. (Optiona):(949) 221-0003
E-MAIL ADDRESS (Option): tom (@nowlandlaw.com
ATTORNEY FOR (Name) DA Defense Logistes HQ, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street aporess: 19] North First Street
mating aopress: 19] North First Street
ciry ano zie cove: San Jose, CA 95113
BRANCH NAME: Downtown Superior Court
PETITIONER/PLAINTIFF: Marcelo A. Ignelzi
RESPONDENT/DEFENDANT: DA Defense Logistics HQ, LLC
‘CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL 17CV318170
(Do not use this Proof of Service to show service of a Summons and Complaint.)
1. 1am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing
took place.
2. My residence or business address is:
LAW OFFICES OF THOMAS F. NOWLAND
20241 SW Birch Street, Suite 203 Newport Beach, CA 92660
3. On (date):January 20,2020 —_ | mailed from (city and state): Newport Beach, CA 92660
the following documents (specify):
Joint Case Management Statement
CC The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served)
(form POS-030(D)). '
4. Il served the documents by enclosing them in an envelope and (check one):
a. [7] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b. [_] placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this
business'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 envelope with postage fully prepaid.
5. The envelope was addressed and mailed as follows:
a. Name of person served: Shaun Setareh, Esq., William M. Pao., Alexandra R. Mcintosh
b. Address of person served:
315 South Beverly Drive, Suite 315
Beverly Hills, CA 90212
Shaun@setarehlaw.com / William@setarehlaw.com
[J The name and address of each person fo whom | mailed the documents is listed in the Attachment to Proof of Service
by First-Class Mail—Civil (Persons Served) (POS-030(P)).
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: January 20, 2020
Leilani Kaihewalu
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)
Fe Approved for Optional Us ce of Civil Procedure, 101
aadiciak Council of California PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL Be ce a 7
POS-030 [New January 1, 2005] (Proof of Service)
Preview
1 || Shaun Setareh (SBN 204514) shaun@setarehlaw.com 2 || William M. Pao (SBN 219846) william@setarehlaw.com 3 || Alexandra R. McIntosh (SBN 320904) alex@setarehlaw.com 4 || SETAREH LAW GROUP 315 South Beverly Drive, Suite 315 5 || Beverly Hills, California 90212 Telephone (310) 888-7771 Facsimile (310) 888-0109 Attorneys for Plaintiff MARCELO A. IGNELZI Thomas F. Nowland (SBN 236824) Daniel A. Brodnax (SBN 266822) Sean B. Janzen (SBN 293426) LAW OFFICES OF THOMAS F. NOWLAND. 11 || 20241 SW Birch Street, Suite 203 Newport Beach, California 92660 12 || Tel: (949) 221-0005 * Fax: (949) 221-0003 13 || Attorneys for Defendant DA DEFENSE LOGISTICS HQ, LLC 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 FOR THE COUNTY OF SANTA CLARA 17 UNLIMITED JURISDICTION 18 19 MARCELO A. IGNELZI, on behalf of Case No. 17CV318170 20 || himself, all others similarly situated, Assigned For All Purposed To The Honorable 21 Plaintiff, Thomas E. Kuhnle, Department 5 22 vs. JOINT CASE MANAGEMENT STATEMENT 23 || DA DEFENSE LOGISTICS HQ, LLC, a Texas limited liability company; and DOES 1 Date: January 24, 2020 24 || through 100, inclusive, Time: 10:00 a.m. Dept.: 5 25 Defendants. Action Filed: October 26, 2017 Case No. 17CV318170 JOINT CASE MANAGEMENT STATEMENTCem ND WA 10 11 12 13 14 15 16 17 19 20 2 22 23 24 25 26 27 28 Plaintiff Marcelo Ignelzi (“Plaintiff”) and Defendants DA Defense Logistics HQ, LLC (“DA Defense”) (“collectively the Parties”) submit this Joint Case Management Conference statement in advance of the Case Management Conference currently set for January 24, 2020 in this matter. IL SUMMARY OF THE CASE Plaintiffs’ Position: Plaintiff filed the instant lawsuit which seeks to represent all individuals who worked for Defendant DA Defense Logistics HQ, LLC in hourly or non-exempt positions in California during the relevant time period. Plaintiff asserts that DA Defense failed to provide meal and rest breaks, failed to pay hourly wages, failed to provide legally compliant wage statements, failed to timely pay all final wages, and engaged in unfair competition. Plaintiff additionally alleges DA Defense failed to indemnify. Plaintiff’ seeks unpaid wages, actual damages, restitution, declaratory relief, pre-judgment interest, statutory penalties, civil penalties and costs and of suit and reasonable attorney’s fees. DA Defense’s Position: Defendant maintains the same position it has had in previous case management joint reports. Defendant contends that Plaintiff is not an adequate class representative. Defendant contends that all employees took breaks at the same time on the base and were paid all wages owed, including any premium pay for work through lunch breaks. Defendant also maintains its previous position regarding the fact that the collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of the employees. Lastly, Defendant also maintains that the security check issue is a vital threshold issue to be resolved. Il. SUMMARY OF ORDERS Plaintiff's Position: This Court issued an order on August 23, 2019 granting Plaintiff's Motion to Compel further responses to Request for Production Number 5 and 6. On December 23, 2019, DA Defense finally produce the sampling of time records for 2019, 2018, 2017, and 2016. DA Defense has stated through its counsel that they do not have records for the years of 2013, 2014, or 2015. If this is true, Plaintiff requests that DA Defense immediately provide a verified response stating as such as well as the reason that they do not have the records. Case No. 17CV318170 1 JOINT CASE MANAGEMENT STATEMENT0 em ND WA RB BW NH RN NN NY N NN NY Bee ee Be Be Be Be Be eoQ A A FB wNH =F SBD we ADH BF BW HY KF Oo Defendant’s Position: At the Informal Discovery Conference on December 9, 2019, the Court ordered Plaintiff to supplement Defendant’s Special Interrogatories 103 and 104 and amend Plaintiffs response to Special Interrogatory 118 to include all information Defendant asked for in Special Interrogatories 117-122. On December 26, 2019, Plaintiff served his supplemental responses to aforementioned Special Interrogatories and Defendant took its motions to compel, scheduled for January 31, 2020, off-calendar. Further, as stated by Plaintiff above, Defendant has complied with the Court’s previous order to produce time records for 2019, 2018, 2017, and 2016. Defendant no longer has records for 2013, 2014, and 2015. Ill. PROCEDURAL AND PRACTICAL PROBLEMS Plaintiffs’ Position: A. DISCOVERY: Plaintiff is in the process of reviewing Defendant’s recent production of approximately 12,000 pages. Once Plaintiff has completed its review of Defendant’s production, Plaintiff will notice the deposition of Defendant’s Person(s) Most Knowledgeable. Once Plaintiff has reviewed Defendant’s recent document production and set a date for the deposition of Defendant, Plaintiff will be in a better position to provide a timeline for class certification. Defendant DA Defense’s Position: Defendant is in the process of reviewing Plaintiff's responses to all written discovery and anticipates that depositions will soon be noticed and taken. However, at this time, Defendant sees no procedural and practical problems. Iv. ANY OTHER SPECIAL CONSIDERATIONS TO ASSIST THE COURT None at this time. Ml it Mt Mt Case No. 17CV318170 2 JOINT CASE MANAGEMENT STATEMENToO Oo ND NW 10 iBT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: January 20, 2020 DATED: January 20, 2020 Case No. 17CV318170 SETAREH LAW GROUP /s/ Shaun Setareh SHAUN SETAREH WILLIAM M. PAO ALEXANDRA R. MCINTOSH Attorneys for Plaintiff MARCELO A. IGNELZI LAW OFFICES OF THOMAS F. NOWLAND THOMAS F. NOWLAND DANIEL A. BRODNAX JOSEPH F. DESIDERIO Attorney for Defendant DA DEFENSE LOGISTICS HQ, LLC 3 JOINT CASE MANAGEMENT STATEMENTPOS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY Thomas F. Nowland (SBN 236824) Daniel A. Brodnax (SBN 266822) LAW OFFICES OF THOMAS F. NOWLAND 20241 SW Birch Street, Suite 203, Newport Beach, CA 92660 tevepHone no-(949) 221-0005 FAXNO. (Optiona):(949) 221-0003 E-MAIL ADDRESS (Option): tom (@nowlandlaw.com ATTORNEY FOR (Name) DA Defense Logistes HQ, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street aporess: 19] North First Street mating aopress: 19] North First Street ciry ano zie cove: San Jose, CA 95113 BRANCH NAME: Downtown Superior Court PETITIONER/PLAINTIFF: Marcelo A. Ignelzi RESPONDENT/DEFENDANT: DA Defense Logistics HQ, LLC ‘CASE NUMBER: PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL 17CV318170 (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. 1am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. 2. My residence or business address is: LAW OFFICES OF THOMAS F. NOWLAND 20241 SW Birch Street, Suite 203 Newport Beach, CA 92660 3. On (date):January 20,2020 —_ | mailed from (city and state): Newport Beach, CA 92660 the following documents (specify): Joint Case Management Statement CC The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D)). ' 4. Il served the documents by enclosing them in an envelope and (check one): a. [7] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. [_] placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business'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 envelope with postage fully prepaid. 5. The envelope was addressed and mailed as follows: a. Name of person served: Shaun Setareh, Esq., William M. Pao., Alexandra R. Mcintosh b. Address of person served: 315 South Beverly Drive, Suite 315 Beverly Hills, CA 90212 Shaun@setarehlaw.com / William@setarehlaw.com [J The name and address of each person fo whom | mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: January 20, 2020 Leilani Kaihewalu (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM) Fe Approved for Optional Us ce of Civil Procedure, 101 aadiciak Council of California PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL Be ce a 7 POS-030 [New January 1, 2005] (Proof of Service)