Preview
FILED
SAN MATEO COUNTY
JUN 2 1 2017
Clerk of eSI e‘rior Court
By c ERK
DEPLI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
COMPLEX CIVIL LITIGATION
RACHEL MONIZ, on behalf of the Case No. 17CIV01736
State of California and aggrieved CLASS ACTION
employees,
Assigned for All Purposes to
Plaintiffs, Hon. Marie S. Weiner, Dept. 2
vs. CASE MANAGEMENT ORDER #1
and ORDER FOR PERNIISSIVE
ADECCO USA, INC., and DOES 1-50, E-FILING
inclusive,
Defendants.
/
Pursuant to the Order entered by the Acting Presiding Judge on June 20, 2017,
this complex action was so designated, and single assigned to Department 2 of this Court
before the Honorable Marie S. Weiner.
IT IS HEREBY ORDERED as follows:
1. All pleadings, motions, applications, briefs, and any and all other papers in
this case shall be filed with (and related filing fees paid to) the Civil Clerk’s Office
Order
llllllllllllllllllllllllllllllIll
17-
.
I
Management
(IN—01736
564032
Case
cmo
I \
located in the Hall of Justice, First Floor, Room A, 400 County Center, Redwood City,
California. One extra copy of any such filing shall be (1) electronically served upon
Department 2 at email address complexcivil@sanmateocourt.org or (2) stamped
“Judge’s Copy” and delivered by overnight or first class mail directly to Department 2
located at Courtroom 2E, 400 County Center, Redwood City, California 94063. DO
NOT LEAVE THE JUDGE’S COPY WITH THE CLERK’S OFFICE. PLEASE ADD
DEPARTMENT 2 TO YOUR E—SERVICE OR MAILING SERVICE LIST IN THE
CASE AS TO ANY AND ALL PAPERS FILED WITH THE COURT. All motions and
briefs shall conform with the California Rules of Court, especially Rule 3.1113, and
indicate on the caption page that this matter is assigned for all purposes to Department 2.
DO NOT FAX COPIES OR CORRESPONDENCE TO DEPARTMENT 2, AS THERE
IS NO DEDICATED FAX LINE FOR THE CIVIL COMPLEX DEPARTMENT.
2. As to any and all motions or other matters requiring a hearing, the hearing
date shall be obtained directly from and approved by Department 2 at (650) 261-5102
(and not with the Civil Clerk’s Office nor with the Research Attorney), prior to filing of
the moving papers or other initial filings.
3. Pursuant to Section 1010.6(b) of the Code of Civil Procedure, Rule
2.253(a) of the California Rules of Court, and San Mateo County Superior Court Local
Rule 2.1.5, all documents in Complex Civil actions (other than the original documents
specified below) may be filed electronically. Please visit www.3anmateocourtorg for
further information on e-filing.
4. Until further order of the Court, the following original documents must
still be filed/lodged in hardcopy paper:
Ex Parte Motions and Oppositions thereto
Exhibits to Filed Documents
Stipulation and Proposed Order
Request for Dismissal
Proposed Judgments
Abstract of Judgment
Default Judgment
Appeal Documents
Administrative Records
5. Proposed Orders should be e—filed with the motion or stipulation to which
it relates in conformity with CRC Rule 3.1312(c). You must also email an editable
version of the Proposed Order in Word format (not PDF) to
complexcivil@sanmateocouit.org so that the judge can modify it prior to signing, if
needed.
6. Correspondence to Department 2, such as discovery letter briefs, requests
to take matters off calendar, and requests for rescheduling, regarding actions assigned to
the Complex Civil Department may be submitted electronically, rather than paper, by e—
mail addressed to complexcivil@sanmateocourt.org This email is for the Complex Civil
Litigation Department to receive correspondence, and is not a venue for back-and—forth
communications with the judge. Communications to this email address are not part of the
official court files — just like a paper letter, they are not “filed” documents — and will be
retained for at least 30 days and then be subject to deletion (destruction) thereafter.
7. All communications to the complexcivil@sanmateocourt.org email
address MUST include in the header “subject line” the Case Number and Name of Case
(e.g., CIV 654321 Smith v. Jones).
8. Ex parte applications in this matter shall heard by Department 2, on
Tuesdays and Thursday between 2:00 p.m. and 3:30 p.m., and the parties are required
to meet the requirements of CRC Rule 3.120 et seq. _.With the consent of counsel for all
parties, telephone conferences on simple interim case management matters may be
scheduled with the Court for a mutually convenient time and date — with the scheduling
and logistics of such telephone conferences to be the responsibility of the requesting
party/parties.
9. As to any discovery motions, the parties are relieved of the statutory
obligation under CRC Rule 3.1345, and thus need not file a separate statement — instead
the subject discovery requests (or deposition questions) and written responses (or
deposition answers or objections) must be attached to the supporting declaration on the
discovery motion.
10. Given the nature of this case, the Court views document production and
depositions as the most effective means of discovery for adjudication. Accordingly, no
party may propound more than 35 special interrogatories total and no party may
propound more than 35 requests for admissions (other than as to the authenticity of
documents) total, without prior court order after demonstration of need and a showing
that other means of discovery would be less efficient.
11. In regard to all discovery disputes, counsel for the parties (and any
involved third parties) shall meet and confer on any and all discovery disputes and, if
there are remaining disputes, then counsel for each side shall serve on each other and
mail/deliver directly to Department 2 a short letter brief setting forth the dispute and
attaching as tabbed exhibits to the letter the subject discovery requests and discovery
responses (if any). The discovery letter brief may instead be electronically delivered
to Department 2 via email address complexcivil@sanmateocourt.org. At the time or
prior to submitting the letter briefs, counsel for the parties shall also schedule a discovery
conference with the Court to occur no sooner than five court days after delivery of the last
letter brief to the Court, in order to discuss the dispute. THE DISCOVERY DISPUTE
LETTER BRIEFS AND THE DISCOVERY CONFERENCE SHALL BE DONE WELL
PRIOR T0 THE STATUTORY DEADLINES FOR FILING OF ANY MOTION TO
COMPEL OR OTHER DISCOVERY MOTION. No discovery motion may be filed by
any party unless and until there is compliance with the requirement of this Order, i.e., (i)
substantive meet and confer, (ii) exchange of letter briefs, and (iii) discovery conference
with the Court. This requirement does not constitute an extension of time for any
statutory time period for filing and serving any motion under the Civil Discovery Act.
12. Pursuant to CRC Rule 3.1113(i), the Complex Civil Department, Dept. 2,
does not require any appendix of non-California authorities, unless specifically
stated by the Court as to a particular motion.
13. The Court notes that Defendant previously obtained two extensions of
time, and most recently a court order granting an extension of time until July 14, 2017 to
respond to the Complaint. If the response to the Complaint is anything other than an
Answer, then the briefing schedule and hearing date for any demurrer or other motion
regarding the pleadings will be discussed and established at the Case Management
Conference.
14. The initial Case Management Conference is set for Thursday, July 27,
2017 at 9:00 a.m. in Department 2 of this Court, located at Courtroom 2E, 400 County
Center, Redwood City, California. Counsel for all parties shall meet and confer on all
matters set forth in California Rules of Court Rule 3.750 and Rule 3.724(8).
15. In anticipation of the Case Management Conference, counsel for the
parties should be prepared to discuss at the hearing and file written case management
conference statements (in prose and details, not using the standardized Judicial
Council form) with a courtesy copy delivered directly to Department 2 on or before
July 20, 2017, as to the following:
a. Status of Pleadings;
b. Status of Discovery, including the deposition of Plaintiff and the initial
production of documents by all parties;
c. Status of Settlement or Mediation;
(1. Conclusions reached after meet and confer on all matters set forth in CRC
Rule 3.750 and Rule 3.724(8);
e. Any other anticipated motions and proposed briefing schedule;
f. Setting of next CMC date; and
g. Any other matters for which the parties seek Court ruling or scheduling.
DATED: June 21, 2017
MW
HON. MARIE s. WEINER
JUDGE OF THE SUPERIOR COURT
SERVICE LIST
Mom'z v. Adecco, PAGA N0. 17CIV01736
as ofJune 21, 2017
Attorneys for Plaintiffs:
CAROLYN HUNT COTTRELL
NICOLE COON
KEENAN KLEIN
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
(415) 421-7100
JOHN WINER
WINER McKENNA & BURRITT LLP
1999 Harrison Street, Suite 600
Oakland, CA 94612
(510) 433-1000
Attorneys for Defendant:
LINDA INSCOE .,
CHRISTOPHER CAMPBELL
CHRISTINA TEETER
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
(415) 391-0600
Preview
FILED SAN MATEO COUNTY JUN 2 1 2017 Clerk of eSI e‘rior Court By c ERK DEPLI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO COMPLEX CIVIL LITIGATION RACHEL MONIZ, on behalf of the Case No. 17CIV01736 State of California and aggrieved CLASS ACTION employees, Assigned for All Purposes to Plaintiffs, Hon. Marie S. Weiner, Dept. 2 vs. CASE MANAGEMENT ORDER #1 and ORDER FOR PERNIISSIVE ADECCO USA, INC., and DOES 1-50, E-FILING inclusive, Defendants. / Pursuant to the Order entered by the Acting Presiding Judge on June 20, 2017, this complex action was so designated, and single assigned to Department 2 of this Court before the Honorable Marie S. Weiner. IT IS HEREBY ORDERED as follows: 1. All pleadings, motions, applications, briefs, and any and all other papers in this case shall be filed with (and related filing fees paid to) the Civil Clerk’s Office Order llllllllllllllllllllllllllllllIll 17- . I Management (IN—01736 564032 Case cmo I \ located in the Hall of Justice, First Floor, Room A, 400 County Center, Redwood City, California. One extra copy of any such filing shall be (1) electronically served upon Department 2 at email address complexcivil@sanmateocourt.org or (2) stamped “Judge’s Copy” and delivered by overnight or first class mail directly to Department 2 located at Courtroom 2E, 400 County Center, Redwood City, California 94063. DO NOT LEAVE THE JUDGE’S COPY WITH THE CLERK’S OFFICE. PLEASE ADD DEPARTMENT 2 TO YOUR E—SERVICE OR MAILING SERVICE LIST IN THE CASE AS TO ANY AND ALL PAPERS FILED WITH THE COURT. All motions and briefs shall conform with the California Rules of Court, especially Rule 3.1113, and indicate on the caption page that this matter is assigned for all purposes to Department 2. DO NOT FAX COPIES OR CORRESPONDENCE TO DEPARTMENT 2, AS THERE IS NO DEDICATED FAX LINE FOR THE CIVIL COMPLEX DEPARTMENT. 2. As to any and all motions or other matters requiring a hearing, the hearing date shall be obtained directly from and approved by Department 2 at (650) 261-5102 (and not with the Civil Clerk’s Office nor with the Research Attorney), prior to filing of the moving papers or other initial filings. 3. Pursuant to Section 1010.6(b) of the Code of Civil Procedure, Rule 2.253(a) of the California Rules of Court, and San Mateo County Superior Court Local Rule 2.1.5, all documents in Complex Civil actions (other than the original documents specified below) may be filed electronically. Please visit www.3anmateocourtorg for further information on e-filing. 4. Until further order of the Court, the following original documents must still be filed/lodged in hardcopy paper: Ex Parte Motions and Oppositions thereto Exhibits to Filed Documents Stipulation and Proposed Order Request for Dismissal Proposed Judgments Abstract of Judgment Default Judgment Appeal Documents Administrative Records 5. Proposed Orders should be e—filed with the motion or stipulation to which it relates in conformity with CRC Rule 3.1312(c). You must also email an editable version of the Proposed Order in Word format (not PDF) to complexcivil@sanmateocouit.org so that the judge can modify it prior to signing, if needed. 6. Correspondence to Department 2, such as discovery letter briefs, requests to take matters off calendar, and requests for rescheduling, regarding actions assigned to the Complex Civil Department may be submitted electronically, rather than paper, by e— mail addressed to complexcivil@sanmateocourt.org This email is for the Complex Civil Litigation Department to receive correspondence, and is not a venue for back-and—forth communications with the judge. Communications to this email address are not part of the official court files — just like a paper letter, they are not “filed” documents — and will be retained for at least 30 days and then be subject to deletion (destruction) thereafter. 7. All communications to the complexcivil@sanmateocourt.org email address MUST include in the header “subject line” the Case Number and Name of Case (e.g., CIV 654321 Smith v. Jones). 8. Ex parte applications in this matter shall heard by Department 2, on Tuesdays and Thursday between 2:00 p.m. and 3:30 p.m., and the parties are required to meet the requirements of CRC Rule 3.120 et seq. _.With the consent of counsel for all parties, telephone conferences on simple interim case management matters may be scheduled with the Court for a mutually convenient time and date — with the scheduling and logistics of such telephone conferences to be the responsibility of the requesting party/parties. 9. As to any discovery motions, the parties are relieved of the statutory obligation under CRC Rule 3.1345, and thus need not file a separate statement — instead the subject discovery requests (or deposition questions) and written responses (or deposition answers or objections) must be attached to the supporting declaration on the discovery motion. 10. Given the nature of this case, the Court views document production and depositions as the most effective means of discovery for adjudication. Accordingly, no party may propound more than 35 special interrogatories total and no party may propound more than 35 requests for admissions (other than as to the authenticity of documents) total, without prior court order after demonstration of need and a showing that other means of discovery would be less efficient. 11. In regard to all discovery disputes, counsel for the parties (and any involved third parties) shall meet and confer on any and all discovery disputes and, if there are remaining disputes, then counsel for each side shall serve on each other and mail/deliver directly to Department 2 a short letter brief setting forth the dispute and attaching as tabbed exhibits to the letter the subject discovery requests and discovery responses (if any). The discovery letter brief may instead be electronically delivered to Department 2 via email address complexcivil@sanmateocourt.org. At the time or prior to submitting the letter briefs, counsel for the parties shall also schedule a discovery conference with the Court to occur no sooner than five court days after delivery of the last letter brief to the Court, in order to discuss the dispute. THE DISCOVERY DISPUTE LETTER BRIEFS AND THE DISCOVERY CONFERENCE SHALL BE DONE WELL PRIOR T0 THE STATUTORY DEADLINES FOR FILING OF ANY MOTION TO COMPEL OR OTHER DISCOVERY MOTION. No discovery motion may be filed by any party unless and until there is compliance with the requirement of this Order, i.e., (i) substantive meet and confer, (ii) exchange of letter briefs, and (iii) discovery conference with the Court. This requirement does not constitute an extension of time for any statutory time period for filing and serving any motion under the Civil Discovery Act. 12. Pursuant to CRC Rule 3.1113(i), the Complex Civil Department, Dept. 2, does not require any appendix of non-California authorities, unless specifically stated by the Court as to a particular motion. 13. The Court notes that Defendant previously obtained two extensions of time, and most recently a court order granting an extension of time until July 14, 2017 to respond to the Complaint. If the response to the Complaint is anything other than an Answer, then the briefing schedule and hearing date for any demurrer or other motion regarding the pleadings will be discussed and established at the Case Management Conference. 14. The initial Case Management Conference is set for Thursday, July 27, 2017 at 9:00 a.m. in Department 2 of this Court, located at Courtroom 2E, 400 County Center, Redwood City, California. Counsel for all parties shall meet and confer on all matters set forth in California Rules of Court Rule 3.750 and Rule 3.724(8). 15. In anticipation of the Case Management Conference, counsel for the parties should be prepared to discuss at the hearing and file written case management conference statements (in prose and details, not using the standardized Judicial Council form) with a courtesy copy delivered directly to Department 2 on or before July 20, 2017, as to the following: a. Status of Pleadings; b. Status of Discovery, including the deposition of Plaintiff and the initial production of documents by all parties; c. Status of Settlement or Mediation; (1. Conclusions reached after meet and confer on all matters set forth in CRC Rule 3.750 and Rule 3.724(8); e. Any other anticipated motions and proposed briefing schedule; f. Setting of next CMC date; and g. Any other matters for which the parties seek Court ruling or scheduling. DATED: June 21, 2017 MW HON. MARIE s. WEINER JUDGE OF THE SUPERIOR COURT SERVICE LIST Mom'z v. Adecco, PAGA N0. 17CIV01736 as ofJune 21, 2017 Attorneys for Plaintiffs: CAROLYN HUNT COTTRELL NICOLE COON KEENAN KLEIN SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 (415) 421-7100 JOHN WINER WINER McKENNA & BURRITT LLP 1999 Harrison Street, Suite 600 Oakland, CA 94612 (510) 433-1000 Attorneys for Defendant: LINDA INSCOE ., CHRISTOPHER CAMPBELL CHRISTINA TEETER LATHAM & WATKINS LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111-6538 (415) 391-0600