Preview
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H Mia Farber (SBN 131467)
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Adam Y. Siegel (SEN 238568)
Philip A. Johnson (SBN 289254)
JACKSON LEWIS, P. C.
725 S Eigu‘eztma Suite 2500
Los Angelcs, CA 90017
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Mia. Fax bmflmcksanlcms com
Adamfiiegclfliacksonkmm com
FILEB
SAN MATEO COUNTY
3
Phili‘n. Wehnqenamacksgnlewu cam
Telephone:
\DOOflQLh-ADJN
(213) 6‘89- 0404 MAY 2 3 2019
Facsimile: (213) 689- 0430
Carp (SBN
71M W 1
Dylan B.
50 California Street,
San Francisco,
196846)
Scott P. Jang (SBN 260191)
JACKSON LEWIS P.C.
9th Floor
CA 941 11
D1 -:
.
Dylan Ga@(tmackwnlems com
Scett Immf’hackscmlewrs cum
Tclcphone (415) 394- 9400
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OBJECT
_
10biection
. AW
17~CIV—01736
Facsimile. (415) 394— 9401
Attorneys for Defendant
F‘ifiimummnwmmmm
ADECCO USA INC.
SUPERIOR COURT OF CALIFORNIA OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
*
NNNNNNNNNv—An—tr—Ap—xv—An—nr—Iv—Ar—au—n
RACHEL MONIz, on behalf ofthe State of
‘
Case No. 17-CIV-01736
California and aggrieved employees,
DEFENDANT’S OBJECTION TO
OOflom-kWNHOOOOQONM-wav—‘O
Plaintiff, APPLICATION OF PAULO CORREA TO
FILE AN OPPOSITION BRIEF AS AN
V; AMICUS CURIAE
ADECCO USA, INC. and DOES 1-50, Date: May 24, 2019
inclusive, Time: 10 am.
Dept: 2 [Assigned for A11 Pulposes ,to
Defendants. Hon. Marie S. Weiner]
Complaint Filed: April 18, 2017
Trial Date: Vacated
1
DEFENDANT’S OBJECTION To APPLICATION 0F PAULO CORREA To FILE AN OpposrrION
BRIEF As AN AMICUS CURIAE
5.4
Defendant objects to the “Application Of Paulo Correa To File An Opposition Brief As§
An Amicus Curiae.” As Correa concedes, “[t]here is no statutory mechanism through which a
“
third party can file an amicus brief in a superior court.” Nor isthere any reason to permit Correa:
7.to file an Opposition Brief As An Amicus Curiae in policy, efficiency or fairness.
Correa has been litigating her own case for over two years. In May 2018, after Correaj
decided she was unhappy with the outcome in her
\OOOQQMAUJN
own case, she decided to try to intervene in this;
one. In May 2018, this Court issued an Order denying Paola Correa’s motion to intervene asg
untimely, as well as on the merits. This Court reasoned, “[o]nly afier Correa battled throughi
,
rounds of demurrer and after her PAGA claims (except one) were dismissed, and after her petition
for writ on that pretrial dismissal 0f some (but not all) claims was denied, and after coordination
O
.._.
was denied, and after petition for wn‘t ofdenial of coordination was denied, and after she was unable
t0 settle her casemand only after [this] case proceeded through the pleadings, and after [this] case_
was ‘at issue’, and after [this] case was set (in January 201 8) for trialas well as pretrial dates and:
deadlines—did Correa now seek to intervene and serve as a PA GA representative in [this]action”;
‘
NONUI-QUJN—A
Correa appealed. Her appeal is pending. While her appeal was (and is)pending, Correa
y—nv—‘HHHp—Ip—n
filed a subsequent motion for the same order permitting her to intervene in this action under Code
of Civ. Pro. section 1008(b). One week ago, this Court struck Correa’s motion as barred under
i
Code of Civ. Pro. section 916(a) in light of her pending appeal.
This Court should not give Correa a third bite at the apple.
OO
H
Because there is no statutory mechanism t0 file an opposition brief as amicus curiae and ,
there isno ground in sound policy, efficiency or fairness to pennit her to d0 so here, Defendant
objects to Correa’s Application,
DATED: May 23, 2019 JACKSON LEWIS, P.c.
NNNNNNNNNH
OOQO‘xm-wab—‘OO
By: Mia Farber
Adam Y. Siegel
Dylan B. Carp
Scott P. Jang
Philip A. Johnson
Attorneys for Defendant
ADECCO USA INC.
2
DEFENDANT’S OBJECtr'iON'To APPLICATION 0F PAULO CORREA To FILE AN OPPOSITION
BRIEF As AN AMICUS CURIAE
PROOF OF SERVICE
I, Mary Stoner, declare that I am employed with the law firm of Jackson Lewis P.C.,
i
whose address is 50 California Street, 9th Floor, San Francisco, California 941 11; I am over the
g age of eighteen (18) years and am not a party to this action‘
On May 23, 2019, I served the attached document(s):
KOOOQONLII-PLON
DEFENDANT’S OBJECTION TO APPLICATION OF PAULO CORREA
T0 FILE AN OPPOSITION BRIEF AS AN AMICUS CURIAE
in this action by placing true and correct copies thereof, enclosed in sealed envelope(s) addressed
as follows:
'
10 Carolyn Hunt Cottrell, Esq.
i
David Christopher Leimbach, Esq.
11 Kyle Bates, Esq.
‘E
Schneider Wallace Cottrell Konecky
12 ‘-
Wotkyns LLP
5
2000 Powell Street, Suite 1400
13
Emeryville, CA 94608
Telephone: 4 1 5 .421 .71 00
14
Facsimile: 415.421.7105
V B-mail: ccomtell -
scihneiderwa'llaeehoin
15 V
,dlei.n’rbach@schneidema‘flacegcom
" 'kbatésé'zl’sghzie'idenwailglace.com
16 1
17 5;[ ] BY MAIL: United States Postal Service by placing sealed envelopes with the postage
thereon fully prepaid, placed for collection and mailing on this date, following ordinary
18‘ business practices, in the United States mail at San Francisco, California.
19 BY HAND :DEL‘W’ERZY: I caused such envelope(s) to be delivered by Messenger
[ ]
Service to the above address.
20?
21 [ X] BY OVERNIGHT DE‘IJW’ERY‘: I caused such envelope(s) to be delivered to the above
address within 24 hours by overnight delivery service.
22
23
[ ] BY FACSIMILE: I caused such document(s) to be transmitted by facsimile from our
facsimile numbér 415 394.9401 to the fax number indicated above.
24 I
'
Ideclare thatI am employed in the office of a member of the bar of this Court at whose
25
direction the service was made.
26 I
Executed on May 23, 2019 at San Francisco, California.
27
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b
28 1 ????fWJMT. :5
“zwfifiti’k
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‘
Mary Stoner
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‘
4
DEFENDANT’S OBJECTION TO APPLICATION OF PAULO CORREA TO FILE AN OPPOSITION
BRIEF AS AN AMICUS CURIAE
Preview
EAXED H Mia Farber (SBN 131467) g ' Adam Y. Siegel (SEN 238568) Philip A. Johnson (SBN 289254) JACKSON LEWIS, P. C. 725 S Eigu‘eztma Suite 2500 Los Angelcs, CA 90017 v. , j Mia. Fax bmflmcksanlcms com Adamfiiegclfliacksonkmm com FILEB SAN MATEO COUNTY 3 Phili‘n. Wehnqenamacksgnlewu cam Telephone: \DOOflQLh-ADJN (213) 6‘89- 0404 MAY 2 3 2019 Facsimile: (213) 689- 0430 Carp (SBN 71M W 1 Dylan B. 50 California Street, San Francisco, 196846) Scott P. Jang (SBN 260191) JACKSON LEWIS P.C. 9th Floor CA 941 11 D1 -: . Dylan Ga@(tmackwnlems com Scett Immf’hackscmlewrs cum Tclcphone (415) 394- 9400 /.7 __ ,’ : ‘ OBJECT _ 10biection . AW 17~CIV—01736 Facsimile. (415) 394— 9401 Attorneys for Defendant F‘ifiimummnwmmmm ADECCO USA INC. SUPERIOR COURT OF CALIFORNIA OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO * NNNNNNNNNv—An—tr—Ap—xv—An—nr—Iv—Ar—au—n RACHEL MONIz, on behalf ofthe State of ‘ Case No. 17-CIV-01736 California and aggrieved employees, DEFENDANT’S OBJECTION TO OOflom-kWNHOOOOQONM-wav—‘O Plaintiff, APPLICATION OF PAULO CORREA TO FILE AN OPPOSITION BRIEF AS AN V; AMICUS CURIAE ADECCO USA, INC. and DOES 1-50, Date: May 24, 2019 inclusive, Time: 10 am. Dept: 2 [Assigned for A11 Pulposes ,to Defendants. Hon. Marie S. Weiner] Complaint Filed: April 18, 2017 Trial Date: Vacated 1 DEFENDANT’S OBJECTION To APPLICATION 0F PAULO CORREA To FILE AN OpposrrION BRIEF As AN AMICUS CURIAE 5.4 Defendant objects to the “Application Of Paulo Correa To File An Opposition Brief As§ An Amicus Curiae.” As Correa concedes, “[t]here is no statutory mechanism through which a “ third party can file an amicus brief in a superior court.” Nor isthere any reason to permit Correa: 7.to file an Opposition Brief As An Amicus Curiae in policy, efficiency or fairness. Correa has been litigating her own case for over two years. In May 2018, after Correaj decided she was unhappy with the outcome in her \OOOQQMAUJN own case, she decided to try to intervene in this; one. In May 2018, this Court issued an Order denying Paola Correa’s motion to intervene asg untimely, as well as on the merits. This Court reasoned, “[o]nly afier Correa battled throughi , rounds of demurrer and after her PAGA claims (except one) were dismissed, and after her petition for writ on that pretrial dismissal 0f some (but not all) claims was denied, and after coordination O .._. was denied, and after petition for wn‘t ofdenial of coordination was denied, and after she was unable t0 settle her casemand only after [this] case proceeded through the pleadings, and after [this] case_ was ‘at issue’, and after [this] case was set (in January 201 8) for trialas well as pretrial dates and: deadlines—did Correa now seek to intervene and serve as a PA GA representative in [this]action”; ‘ NONUI-QUJN—A Correa appealed. Her appeal is pending. While her appeal was (and is)pending, Correa y—nv—‘HHHp—Ip—n filed a subsequent motion for the same order permitting her to intervene in this action under Code of Civ. Pro. section 1008(b). One week ago, this Court struck Correa’s motion as barred under i Code of Civ. Pro. section 916(a) in light of her pending appeal. This Court should not give Correa a third bite at the apple. OO H Because there is no statutory mechanism t0 file an opposition brief as amicus curiae and , there isno ground in sound policy, efficiency or fairness to pennit her to d0 so here, Defendant objects to Correa’s Application, DATED: May 23, 2019 JACKSON LEWIS, P.c. NNNNNNNNNH OOQO‘xm-wab—‘OO By: Mia Farber Adam Y. Siegel Dylan B. Carp Scott P. Jang Philip A. Johnson Attorneys for Defendant ADECCO USA INC. 2 DEFENDANT’S OBJECtr'iON'To APPLICATION 0F PAULO CORREA To FILE AN OPPOSITION BRIEF As AN AMICUS CURIAE PROOF OF SERVICE I, Mary Stoner, declare that I am employed with the law firm of Jackson Lewis P.C., i whose address is 50 California Street, 9th Floor, San Francisco, California 941 11; I am over the g age of eighteen (18) years and am not a party to this action‘ On May 23, 2019, I served the attached document(s): KOOOQONLII-PLON DEFENDANT’S OBJECTION TO APPLICATION OF PAULO CORREA T0 FILE AN OPPOSITION BRIEF AS AN AMICUS CURIAE in this action by placing true and correct copies thereof, enclosed in sealed envelope(s) addressed as follows: ' 10 Carolyn Hunt Cottrell, Esq. i David Christopher Leimbach, Esq. 11 Kyle Bates, Esq. ‘E Schneider Wallace Cottrell Konecky 12 ‘- Wotkyns LLP 5 2000 Powell Street, Suite 1400 13 Emeryville, CA 94608 Telephone: 4 1 5 .421 .71 00 14 Facsimile: 415.421.7105 V B-mail: ccomtell - scihneiderwa'llaeehoin 15 V ,dlei.n’rbach@schneidema‘flacegcom " 'kbatésé'zl’sghzie'idenwailglace.com 16 1 17 5;[ ] BY MAIL: United States Postal Service by placing sealed envelopes with the postage thereon fully prepaid, placed for collection and mailing on this date, following ordinary 18‘ business practices, in the United States mail at San Francisco, California. 19 BY HAND :DEL‘W’ERZY: I caused such envelope(s) to be delivered by Messenger [ ] Service to the above address. 20? 21 [ X] BY OVERNIGHT DE‘IJW’ERY‘: I caused such envelope(s) to be delivered to the above address within 24 hours by overnight delivery service. 22 23 [ ] BY FACSIMILE: I caused such document(s) to be transmitted by facsimile from our facsimile numbér 415 394.9401 to the fax number indicated above. 24 I ' Ideclare thatI am employed in the office of a member of the bar of this Court at whose 25 direction the service was made. 26 I Executed on May 23, 2019 at San Francisco, California. 27 :§ b 28 1 ????fWJMT. :5 “zwfifiti’k <3} ‘ Mary Stoner (j ~ ‘ 4 DEFENDANT’S OBJECTION TO APPLICATION OF PAULO CORREA TO FILE AN OPPOSITION BRIEF AS AN AMICUS CURIAE