arrow left
arrow right
  • Tebbs, Michael vs. Sunbelt Rentals, Inc. Employment: Other (15) document preview
  • Tebbs, Michael vs. Sunbelt Rentals, Inc. Employment: Other (15) document preview
  • Tebbs, Michael vs. Sunbelt Rentals, Inc. Employment: Other (15) document preview
  • Tebbs, Michael vs. Sunbelt Rentals, Inc. Employment: Other (15) document preview
  • Tebbs, Michael vs. Sunbelt Rentals, Inc. Employment: Other (15) document preview
  • Tebbs, Michael vs. Sunbelt Rentals, Inc. Employment: Other (15) document preview
  • Tebbs, Michael vs. Sunbelt Rentals, Inc. Employment: Other (15) document preview
  • Tebbs, Michael vs. Sunbelt Rentals, Inc. Employment: Other (15) document preview
						
                                

Preview

ELECTRONICALLY FILED Superior Court of California, County of Placer 09/28/2020 Patrick J. Cain (SBN 105331) By: Laurel Sanders, Deputy Clerk Theodore H. Dokko (SBN 263830) Smith, Gambrell & Russell, LLP 444 South Flower Street, Suite 1700 Los Angeles, CA 90071 Tel: (213) 358-7213; Fax: (213) 358-7313 Emai peain@sgrlaw.com Email: tdokko@sgrlaw.com 5 Patricia J. Hill, Pro Hac Vice 6 Yash B. Dave, Pro Hac Vice Jan M. Jones, Pro Hac Vice Smith, Gambrel! & Russell, LLP 50 N. Laura Street, Suite 2600 Jacksonville, FL 32202 Tel: (904) 598-6100; F (904) 598-6240 9 Email jhill@segrlay n Ema day. Us urlaw.com 10 Emai Osorla 11 Attorneys for Defendant SUNBELT RENTALS, gc INC., aes aES 12 TESS gags SUPERIOR COURT OF THE STATE OF CALIFORNIA BAS B28 13 aus 8 ease ES FOR THE COUNTY OF PLACER BESS aOkRS 14 ae sf Case No. S-CV-00443 13 ao g og MICHAEL TEBBS, as an individual and on Soage65 15 behalf of all others similarly situated; GEah ae bog 5ou DECLARATION OF YASH B, DAVE IN roger ES 16 S39 Plaintiffs, SUPPORT OF DEFENDANT SUNBELT OFA VS. RENTALS, INC.’S OPPOSITION TO 17 PLAINTIFF’S MOTION TO COMPEL SUNBELT RENTALS, INC., a North 18 Carolina Corpo ation; and DOES 1 through FURTHER RESPONSES TO SI CIAL 50, inclusive; INTERROGATORIES, SET ON 19 Defendants. Date: October 9, 2020 20 Fime: 8:30 am. Dept.: 3 21 Action Filed: January 21, 2020 22 Trial Date: Not yet assigned 23 DECLARATION OF YASH B, DAVE 24 I, Yash B. Dave, do hereby declare as follows: 25 1 I am an attorney at law, duly licensed to practice before the courts of Florida and 26 Texas, admitted pro hac vice in this litigation, and a partner at Smith, Gambrell & Russell, LLP, 27 attorneys of record Defendant Sunbelt Rentals, Inc. I give this Declaration in support of 28 Defendant Sunbelt Rentals, Inc.’s Opposition to Plaintiff's Motion to Compel Defendant Sunbelt DECLARATION OF YASH B. DAVE IN SUPPORT OF D NDANT SUNBELT RENTALS, INCOS- OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL. Rentals, Inc.’s Further Responses to Special Interrogatories, Set One. 1 have personal knowledge of the facts set forth herein. If called as a witness in this matter 1 could and would testify competently thereto, 2 On July 15, 2020, counsel for the Parties met and conferred via telephone regarding various issues including Special Interrogatories No. 3 and 7. A true and correct copy of the e-mail 6 chain including correspondence evidencing the July 15, 2020 conference call as well as the meet and confer efforts relevant to Sunbelt’s opposition is attached hereto as Exhibit A. 3 On July 21, 2020, Sunbelt agreed to the Belaire-West notice process and requested that Plaintiffs counsel provide a proposed drafi notice. See Exh. A. 10 4 On July 21, 2020, Plaintiff's counsel provided Sunbelt with a proposed Belaire- 11 West notice. See Exh. A. A true and correct copy of Plaintiffs proposed Belaire-West notice, 85 aes aee8 12 received July 21, 2020 is attached hereto as Exhibit B. awe SN Bast 8a KE<8 13 5 On July 28, 2020, Sunbelt’s counsel provided Plaintiff with a red-lined version of Leo oF 62 xe OLR5 ae 14 the Plaintiff's original proposed Belaire-West notice. See Exh. A ‘True and correct copies of a 6a Go Cas red-line and clean version of Sunbelt’s proposed Belaire-West notice are attached hereto as sce? ae 15 Ozucea roger 2a E® 16 Exhibits C and D, respectively. Sid Ayes 17 6. On August 21, 2020, Plaintiff’s counsel stated “we’re okay with your revisions to 18 the Belaire notice, with the exception of the postcard.” See Exh. A. 7 19 On August 27, 2020, Plaintiffs counsel notified undersigned counsel that the 20 estimated cost of Belaire-West Notice is $1,295.00, and the cost of including the postcard is 21 $187.50. A true and correct copy of the Belaire-West Notice quote is attached hereto as Exhibit E. 22 Despite further efforts to meet and confer on whether a pre-paid postcard should be included with 23 the notice and which party should bear the costs of the third party administrator. See Exh. A. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is 25 true and correct. 26 W 27 \\\ 28 \ 2 DECLARATION OF YASH B. DAVE IN SUPPORT OF DEFENDANT SUNBELT REN’ IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL Executed this 28" day of September, 2020, at Jacksonville, Florida al Tee ce: Yash B. Dave 5: 10 11 agc 358 12 Yo 28 aass g28h 13 gue 5 ob cee 8E5e fa ae at 14 bi zag? 15 OERY Ogre 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF YASH B. DAVE IN SUPPORT OF DEFENDANT SUNB! .T RENTALS, INC.’S OPPOSITION TO PLAINTIF S MOTION TO COMPEL EXHIBIT A From: Dennis Hyun To: Dave, Yash B.; Dokko, Ted; “Edward Choi"; bill@polarislawaroup.com; lwlee@diversitylaw.com; “Michelle Lee"; erika@diversitylaw.com; olympia@diversityiaw.com Ce: Gain, Patrick; Hil , Patricia |.; ones, lat Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Date: Friday, August 28, 2020 2:05:22 PM Attachments: image001.jpq Yes we disagree. We will raise it with the Court. From: Dave, Yash B. Sent: Friday, August 28, 2020 11:04 AM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi' ; bill@polarislawgroup.com; Iwlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; olympia @diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, The cost of the postcard is minimal. As such, this cost should be borne by plaintiff since it is plaintiff who is seeking the contact information of putative class members. Additionally, as | noted below, a postcard is typically included with a Belaire Notice. Courts have recognized that, a Belaire “notice is required because of Plaintiff's desire to use the list to contact putative class members . . . as part of their investigation.” Willner, Inc. v. Manpower, Inc., 2013 WL 12324002, *2 (N.D. Cal. Mar. 27, 2013). As such, these costs are specially required because Plaintiff desires to contact putative class members as part of discovery. See In re Autozone Wage & Hour Empl. Practices Litig., 2011 U.S. Dist. LEXIS 132973 (N.D. Cal. Nov. 17, 2011). Therefore, Plaintiff should bear the costs associated with the notice and “is in the best position to weigh the usefulness of the information [Plaintiff] seeks versus the costs.” Id. If you still disagree, then we can address it with the court at the CMC. Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 EXHIBIT A f | 904-598-6215 e | ydave@ sgrlaw.com 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sarlaw.com | My Bio | vCard From: Dennis Hyun Sent: Thursday, August 27, 2020 7:48 PM To: Dave, Yash B. ; Dokko, Ted <[Dokko@sgrlaw.com>; 'Edward Choi' ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Here is the quote. Let us know what you want to do, so we can tell the Court at the CMC. Thx. From: Dave, Yash B. Sent: Tuesday, August 25, 2020 11:36 AM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi’ ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, We are still confirming the numbers, but estimate it at 1,000. Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sarlaw.com | My Bio | vCard From: Dennis Hyun Sent: Tuesday, August 25, 2020 2:27 PM To: Dave, Yash B. ; Dokko, Ted <[Dokko@sgrlaw.com>; 'Edward Choi' ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Yes. Please update so | can get quotes. Thx. From: Dave, Yash B. Sent: Tuesday, August 25, 2020 11:24 AM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi’ ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, Is your definition of class based on Plaintiff's Special Interrogatory No. 1? Yes, we also need a Notice in Spanish as well. Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sarlaw.com | My Bio | vCard From: Dennis Hyun Sent: Tuesday, August 25, 2020 2:17 PM To: Dave, Yash B. ; Dokko, Ted <[Dokko@sgrlaw.com>; 'Edward Choi' ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Can you please get me updated class size? Do we need Spanish as well? Thx. From: Dave, Yash B. Sent: Tuesday, August 25, 2020 10:09 AM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi’ ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, The logic is as follows: Quotes are typically provided on a “per notice” or “per mailing” rate. This will give us a good idea of the costs even if there is a small change to the class size. It is better to have perspective on whether we are arguing over a few hundred dollars or a few thousand dollars. | think the court would also appreciate knowing the dollar amounts involved if we eventually have the court address who should bear the costs. Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Tuesday, August 25, 2020 12:56 PM To: Dave, Yash B. ; Dokko, Ted ; 'Edward Choi' ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. | don’t believe in-person is allowed, so we will appear by phone. | don’t get your logic re getting quotes first. Is it your position that you will only pay for the postcard and % of the notice procedure if it is below a certain price threshold? Do you have an updated class size to get quotes? From: Dave, Yash B. Sent: Tuesday, August 25, 2020 9:52 AM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi’ ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, As noted in my e-mail below, | think the discussion on who should bear the costs is better left addressed after we obtain a quote from the third party administrator. Again, do you wish to contact the third party administrator or want us to? Also, please advise whether you intend to appear at the CMC in person or via telephone. Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com a 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Tuesday, August 25, 2020 12:17 PM To: Dave, Yash B. ; Dokko, Ted <[Dokko@sgrlaw.com>; 'Edward Choi' ; bill@polarislawgroup.com; lwlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Yash, What | offered below is my compromise. We permitted you to revise the notice and notwithstanding our practice to never include postcards, we offered you a compromise to pay for 4% of the notice procedure and the costs of the postcard, given your involvement in revising the notice and demanding a postcard. Typically, defendants do not get involved in the drafting of the notice and the procedures, as it is really a communication from plaintiff's counsel. In any event, courts have held that defendants can be ordered to pay for the costs of the notice procedure. Hypertouch, Inc. v. Superior Court, 128 Cal. App. 4th 1527, 1552 (2005), as modified on denial of reh'g (June 6, 2005). So, this is our final compromise. If you insist on these conditions, then we will need to address this with the Court as well. Dennis From: Dave, Yash B. Sent: Monday, August 24, 2020 1:55 PM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi’ ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, We disagree that defendant should have to bear any of the cost of the Belaire notice process. These costs are typically borne by the plaintiff and are recoverable costs in the event plaintiff succeeds at trial. However, before we engage in further arguments on costs, | think it is best to first obtain a quote from a third party administrator so that we can see how much we are talking about here. Typically, the postcard does not add much to the cost of the Belaire notice process. Please let us know whether your office will obtain the quote or you want us to. Also, with respect to the CMC, are you saying that you will be appearing in person (as opposed to by telephone) for the CMC? Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Monday, August 24, 2020 3:03 PM To: Dave, Yash B. ; Dokko, Ted <[Dokko@sgrlaw.com>; 'Edward Choi' ; bill@polarislawgroup.com; lwlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Yash, We disagree that sending a letter as expressly approved by the Federal Judicial Center imposes any burden. Again, the purpose of the Belaire notice process is to level the playing field. At any rate, we will agree to the inclusion of the postcard if defendant pays for the entire costs of the postcard and % of the Belaire-West administration process. Please let us know. And, we will be appearing at the CMC to talk about the trial date. We think it is premature to set the trial date before class certification is decided. Thx. Dennis From: Dave, Yash B. Sent: Monday, August 24, 2020 9:43 AM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi’ ; bill@polarislawgroup.com; lwlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, We are not trying to get any unfair advantage here. It is about protecting the putative class members’ privacy interests. We should not require them to jump through hoops and incur costs to protect their own privacy interests. The cases you rely on relate to class certification notices. We are talking about a Belaire-West notice here. Therefore, you must agree that the Belaire-West decision is controlling or, at least, persuasive authority. | am sure you know that in Belaire-West, the court permitted a postcard to be included with the notice. See Belaire- West Landscape Inc. v. Superior Court, 149 Ca. App.4th 554, 557 (2007). In Talavera v. Sun Maid Growers of California, No. 1:15-cv-00842-AWI-SAB, 2017 WL 495635 (E.D. Cal. Feb. 6, 2017), the court defined a Belaire notice as, “the opt-out notice sent to potential class members informing them of the lawsuit and informing them that if they do not want their contact information released to plaintiff's counsel they may return an enclosed postcard.” /d. at *5 (citing Belaire-West Landscape Inc., 149 Ca. App.4th 554. There are many other cases that support the inclusion of a postcard with a Belaire-West notice, but hope the two | have noted here will suffice. You rely heavily on Whiteway, but it involved a class certification notice. Additionally, in Whiteway, the court noted that there are no rules preventing the inclusion ofa postcard, but noted that FedEx did not point to any authority stating that a postcard is required or a best practice. Please let me know if this changes your position on the matter. Otherwise, unfortunately, we will have to address this with the court. Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com a 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Friday, August 21, 2020 4:37 PM To: Dave, Yash B. ; Dokko, Ted <[Dokko@sgrlaw.com>; 'Edward Choi' ; bill@polarislawgroup.com; lwlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Yash, We disagree. The entire purpose of the Belaire notice is to level the playing field by helping workers’ counsel access to class members. Thus, requiring a letter is not burdensome. As | said below, the law is on our side. In Whiteway v. FedEx Kinkos Office & Print Servs., No. C 05-2320 SBA, 2007 WL 1381514, at *1 (N.D. Cal. May 8, 2007), the employer argued for a postcard opt-out to be attached to the notice. In Whiteway, the District Court granted the plaintiff's motion for class certification and ordered notice to be sent to the class. /d. The employer then filed a motion to compel to include an exclusion form with the plaintiff's proposed class notice. /d. The Court rejected the inclusion of such an exclusion form, finding no authority supporting such a request: “FedEx points to no authority either requiring such an exclusion notice form, or any suggesting that it would make the notice the best practicable under the circumstances.” /d. The Whiteway Court further noted that the Federal Judicial Center’s sample opt-out procedure utilized a letter, as proposed by Plaintiff in this case: The example notice forms provided by the Federal Judicial Center merely includes language, on the face of the notice, that a class member may decide to be excluded from the class, and if they wish to do so, they may send a letter to a given address. See http://www fic.gov/ (Class Action Notices Page). The notice forms do not appear to contemplate the inclusion of an exclusion notice form. There is nothing preventing the inclusion of such a form. But, given that the parties dispute including an exclusion form, and FedEx is seeking an order from the Court requiring the plaintiff to include it, FedEx must demonstrate either that it is required or that it can support its contention that including an exclusion form constitutes a “best practices” in this type of litigation. They have done neither, and therefore the motion should be denied. Id. at *2 (emphasis added). Likewise, the District Court in Krzesniak v. Cendant Corp., No. C 05-05156 MEJ, 2007 WL 4468678, at *3 (N.D. Cal. Dec. 17, 2007), refused to include an opt-out form per the employer’s request in a wage and hour class action. As the Krzesniak Court explained, such an opt-out form could “engender confusion” and actually encourage class members to opt-out: The notice forms do not appear to contemplate the inclusion of an exclusion notice form. Further, the Court finds that on balance, such a separate form will “engender confusion” and may encourage class members to “unwittingly opt out of the class.” Id. (Emphasis added; quoting Roberts v. Heim, 130 F.R.D. 416, 423 (N.D.Cal.1988)). If you continue to disagree, we will have to raise it with the Court. From: Dave, Yash B. Sent: Friday, August 21, 2020 10:54 AM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi’ ; bill@polarislawgroup.com; lwlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, We cannot agree to this. | am sure you agree that the need to type up, print and mail the letter, in addition to providing their own addressed envelope and postage will be a bar to opting out. We have regularly included a postcard with Belaire Notices, and it has not created any confusion. lam glad to schedule a call if you wish to discuss this further. Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Friday, August 21, 2020 1:13 PM To: Dave, Yash B. ; Dokko, Ted ; 'Edward Choi' ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. When | say standard, | mean that is the standard we use for all of our Belaire notices. The class member will write a response stating that he/she does not want to have her information disclosed, signs and dates it. This is taken from the Federal Judicial Center’s sample notice available here: https: www.fic.gov/content/employment-discrimination-class-action-certification-full-notice To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded fromJ ohnson v. MNO. Be sureto include your name and address, and sign the letter. You must mail your ExclusionRequest postmarked by Month 00, 0000, to: Johnsonv. MNO Exclusions, P.O. Box 0000, City, ST 00000-0000. Y ou may also get an Exclusion Request form at the website, www mnoclassaction com. So, it will not be attached. Again, anything attached to the notice will engender confusion. Please let us know your position. From: Dave, Yash B. Sent: Friday, August 21, 2020 10:09 AM To: Dennis Hyun ; Dokko, Ted ; ‘Edward Choi’ ; bill@polarislawgroup.com; lwlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, Could you please share with us the standard signed written letter? Will this “standard” letter be included with the Notice? Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Friday, August 21, 2020 1:07 PM To: Dave, Yash B. ; Dokko, Ted <[Dokko@sgrlaw.com>; 'Edward Choi' ; bill@polarislawgroup.com; |wlee@diversitylaw.com; ‘Michelle Lee’ ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. The standard signed written letter, which has been approved by the Federal Judicial Center and case authority. Please let me know if you disagree and if so, yes, we should schedule a call and then if unsuccessful in reaching agreement, need guidance from the Court. Thanks. From: Dave, Yash B. Sent: Friday, August 21, 2020 10:04 AM To: Dennis Hyun ; Dokko, Ted ; 'Edward Choi’ 1 ; bill@polarislawgroup.com; lwlee@diversitylaw.com; ‘Michelle Lee' ; erika@diversitylaw.com; lympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, How do you envision putative class members would submit their opt-out request by mail if not with a post-card? We should include something for the putative class members to mail back to the TPA. Let us know if you wish to schedule a call to discuss further Regards, Yash Yash B. Dave Florida Board Certified in Labor and Employment p | 904-598-6115 f | 904-598-6215 e | ydave@ sgrlaw.com 50 N. Laura Street | Suite 2600 | J acksonville, FL 32202 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Friday, August 21, 2020 12:56 PM To: Dokko, Ted ; 'Edward Choi' ; bill@polarislawgroup.com; lwlee@diversitylaw.com; 'Michelle Lee’ ; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Dave, Yash B. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. And, we’re okay with your revisions to the Belaire notice, with the exception of the postcard. We cannot agree to that as it will only confuse class members into thinking it’s a claim form. Please let us know whether you will agree to remove the postcard. Thx. From: Dennis Hyun Sent: Friday, August 21, 2020 9:54 AM To: 'Dokko, Ted' ; 'Edward Choi’ ; ‘bill@polarislawgroup.com' ; 'lwlee@diversitylaw.com' ; 'Michelle Lee’ ; ‘erika@diversitylaw.com' ; 'olympia@diversitylaw.com' Ce: 'Cain, Patrick’ ; ‘Hill, Patricia J.' ; 'Dave, Yash B.' ; Jones, lan' Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Hey Ted, Can you please advise as to the other remaining discovery items? We also plan to appear at the 9/1 CMC, as we do not think the current trial date provides enough time for us to get all of the discovery and file our motion for class certification. Thx. From: Dennis Hyun Sent: Wednesday, July 29, 2020 10:27 AM To: 'Dokko, Ted' ; 'Edward Choi’ ; ‘bill@polarislawgroup.com' ; 'lwlee@diversitylaw.com' ; 'Michelle Lee’ ; ‘erika@diversitylaw.com' ; 'olympia@diversitylaw.com' Ce: 'Cain, Patrick’ ; ‘Hill, Patricia J.' ; 'Dave, Yash B.' ; Jones, lan' Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Hey Ted, We will review and get back to you. However, a few points with below. We never do NCOA or skip- trace for Belaire and never have done so. This is not a class settlement. We cannot agree to that request. With respect to the opt-out period, 30 days is standard. We only use 45 days in class settlements. We've never done a 60-day opt-out period. With that said, if you want email opt-out, we will compromise and have a 30-day opt-out period. If you insist on having a 60-day opt-out period, then we can agree to only mail opt-out. And, we are not agreeable to a post-card. Again, post-cards have never been used and will confuse class members as they will believe that the post-card is an opt-in settlement. And, given the conditions you are imposing on the Belaire procedure, we expect that Defendant will pay for %. Again, the entire purpose of the Belaire process is to level the playing field to give plaintiff's counsel access to putative class members, which ordinarily a defendant/employer would solely have. So, courts typically never involve defendants in the process other than to provide the data. Lastly, while you say opt-in and opt-out below, I’m sure you’re aware that in California, it is an opt- out procedure only. So, when you use “opt-in,” | presume you mean the class members who do not affirmatively opt-out. Thanks. Dennis From: Dokko, Ted Sent: Tuesday, July 28, 2020 2:52 PM To: Edward Choi ; Dennis Hyun ; bill@polarislawgroup.com; |wlee@diversitylaw.com; Michelle Lee ; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Dave, Yash B. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Edward, Attached please find attached a redline of the Belaire West Notice as both a Word doc and a PDF. Your notice proposed a 30-day Belaire Notice period. Given the pandemic, we would instead propose a 60-day notice period. You'll see from our redline that we propose that the putative class members be allowed to opt-out by e-mail or postcard. The third party administrator should include a self-addressed, stamped postcard with each notice, and each notice should contain a unique ID associated with each putative class member. If a putative class member elects to opt out via e-mail, he or she can include the unique ID number in the e-mail to confirm the identity of the putative class member. Please provide us with the final version of the notice and postcard from third party administrator before it is mailed out. The notices must be printed in both Spanish and English. Additionally, the parties will need to stipulate to the following procedures: The TPA must update all addresses with the U.S. Post Office’s National Change of Address database, re-mail any notices returned by the post office with a forwarding address, and use reasonable skip tracing means and the NCOA searches in order to ensure deliver of the Notices to each putative class members. Within 15 business days of the parties’ retention of a TPA and its finalization of the Belaire Notice, Sunbelt will provide the TPA with a list of all putative class members and their last know addresses and telephone numbers. At the close of the opt out period, the TPA will prepare two lists—an Opt-In List and an Opt-Out List. The Opt-In List will be provided to each party’s counsel within five business days of the close of the opt-out period. The Opt-Out List will be provided solely to Sunbelt’s counsel Thank you. Theodore H. Dokko Counsel p | 213-358-7226 f | 213-358-7326 e | tdokko@ sgrlaw.com 444 South Flower Street| Suite 1700 | Los Angeles, CA 90071 www.sgrlaw.com | My Bio | vCard From: Edward Choi Sent: Tuesday, July 21, 2020 5:25 PM To: Dokko, Ted ; Dennis Hyun ; bill@polarislawgroup.com; |wlee@diversitylaw.com; Michelle Lee ; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Dave, Yash B. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Ted, Attached is a draft Belaire notice. We would propose Phoenix to administer the Belaire Notice. If you agree to the attached format, we will bear the costs of administration. Thanks. From: Dokko, Ted Sent: Tuesday, July 21, 2020 10:59 AM To: Dennis Hyun ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward Choi ; Michelle Lee ; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick ; Hill, Patricia J. ; Dave, Yash B. ; Jones, lan Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, Sunbelt will agree to supplement responses to Special Interrogatories 1 and 5 but the process will take some time as Sunbelt will need create a new report in its system that can pull the requested data. We anticipate being able to supplement later next week. We'll also agree to Belaire-West as to Special Interrogatories 2, 3, and 7. Can you send a draft of the notice that you’d like to use? Or if you prefer, we can prepare the first draft of the Belaire notice. It is assumed that Plaintiff will bear the costs of the Belaire-West process but do you have a third party administrator that you would prefer to use and what that administrator’s fees are? Thanks. Theodore H. Dokko Counsel p | 213-358-7226 f | 213-358-7326 e | tdokko@ sgrlaw.com 444 South Flower Street| Suite 1700 | Los Angeles, CA 90071 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Wednesday, July 15, 2020 2:38 PM To: Dokko, Ted ; Navid, Lupe ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Ted, Here is a summary of our call. The motion to compel deadline for supplemental responses for both the Interrogatories and Requests for Production shall be 8/11/20 (calculated from the date of Defendant’s service of its Supplemental Responses to the Special Interrogatories). You are going to check with your client to see if you can pull the data to respond to Interrogatory No. 1, including talking with the third-party payroll provider. Again, if we proceed to mediation, we're going to need this information. And, we’re entitled to it for class certification. Moreover, your contention that pulling such information requires individualized inquiries is not well-taken. Faulkinbury v. Boyd & Assocs., Inc., 216 Cal. App. 4th 220, 240 (2013) (holding that class was ascertainable by relying on employer’s time and payroll records). Moreover, courts have routinely certified regular rate claims. Shiferaw v. Sunrise Senior Living Mgmt., Inc., No. LACV1302171JAKPLAX, 2014 WL 12585796, at *8 (C.D. Cal. June 11, 2014) (“Whether certain bonuses were discretionary in nature and whether Sunrise included retroactive pay raises and nondiscretionary bonuses in its calculation of overtime rates are issues that can be addressed as to the entire class. The Class Certification Motion is GRANTED as to the Regular Rate Subclass.”); Chavez v. Lumber Liquidators, Inc., No. CV-09-4812 SC, 2012 WL 1004850, at *6 (N.D. Cal. Mar. 26, 2012) (“Zaldivar’s claims are typical of the 130 non-exempt employees’ claims because all were subject to the common pay practices of LLI. Zaldivar has stated that he regularly worked more than forty hours per week and that he received $12,282.87 in sales bonuses that were not incorporated in his regular rate of pay for the purposes of calculating his overtime rate.”); Faulkinbury, 216 Cal. App. 4th at 238 (“whether the work uniform maintenance allowance and gasoline reimbursement must be included in calculating the overtime rate of pay can be decided on a class-wide basis as a legal matter based on common proof”). As for Interrogatories Nos. 2-3, and 7, Ted, we talked about Belaire-West to obtain the putative class member contact information during our first meet and confer call. You did not serve supplemental responses to these Interrogatories. We need to proceed on Belaire-West. Please confer with your client. Regarding Interrogatory No. 5, again, this response needs to be based on a correct response to Interrogatory No. 1. Please supplement. Regarding Request for Production No. 7, we told you we would hold this in abeyance, provided that Defendant supplement all of the interrogatories above. Please get back to us by next Tuesday, July 21, 2020. Thanks. Dennis From: Dokko, Ted Sent: Tuesday, July 14, 2020 12:39 PM To: Dennis Hyun ; Navid, Lupe ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. My colleague Yash Dave will probably join us but we'll go ahead and call you on your cell. Thanks. Theodore H. Dokko Counsel p | 213-358-7226 f | 213-358-7326 e | tdokko@ sgrlaw.com a 444 South Flower Street | Suite 1700 | Los Angeles, CA 90071 www.sgrlaw.com | My Bio | vCard From: Dennis Hyun Sent: Tuesday, July 14, 2020 9:01 AM To: Dokko, Ted ; Navid, Lupe ; bill@polarislawgroup.com; |lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Actually, we would like to discuss Interrogatories Nos. 1, 3-5, and 7, and Request for Production No. 7. If it’s just you, then you can reach me on my cell. 747-258-1389. Thanks. From: Dokko, Ted Sent: Monday, July 13, 2020 10:42 AM To: Dennis Hyun ; Navid, Lupe ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Sure. 2 PM is fine. Do you want to set up a conference call? Also, are we just dealing with SROG 1? Thanks. Theodore H. Dokko Counsel p | 213-358-7226 f | 213-358-7326 e | tdokko@ sarlaw.com 444 South Flower Street | Suite 1700 | Los Angeles, CA 90071 www.sarlaw.com | My Bio | vCard From: Dennis Hyun Sent: Friday, July 10, 2020 2:54 PM To: Dokko, Ted ; Navid, Lupe ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Let’s do 7/15. Does 2 pm work? | have an issue with Interrogatory No. 1. We need the numerosity information. Thanks. From: Dokko, Ted Sent: Friday, July 10, 2020 2:32 PM To: Dennis Hyun ; Navid, Lupe ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, We’re available on Wednesday or Thursday of next week (July 15 or 16). Also, could you outline the responses you want to discuss. Doesn’t have to be a full M&C letter. Thank you. Theodore H. Dokko Counsel p | 213-358-7226 f | 213-358-7326 e | tdokko@ sarlaw.com 444 South Flower Street | Suite 1700 | Los Angeles, CA 90071 www.sarlaw.com | My Bio | vCard From: Dennis Hyun Sent: Thursday, July 9, 2020 3:03 PM To: Dokko, Ted ; Navid, Lupe ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Ted, We received the supplemental responses and we do need to meet and confer. Can you please let us know your availability? Thanks. From: Dokko, Ted Sent: Monday, June 22, 2020 1:48 PM To: Dennis Hyun ; Navid, Lupe ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; olympia@diversitylaw.com Ce: Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. Dennis, We are hoping to get the supplemental responses to you before the end of the week. Thanks. Theodore H. Dokko Counsel p | 213-358-7226 f | 213-358-7326 e | tdokko@ sarlaw.com 444 South Flower Street | Suite 1700 | Los Angeles, CA 90071 a www.sarlaw.com | My Bio | vCard From: Dennis Hyun Sent: Friday, June 19, 2020 3:06 PM To: Navid, Lupe ; bill@polarislawgroup.com; lwlee@diversitylaw.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; lympia@diversitylaw.com Cc: Dokko, Ted <[Dokko@sgrlaw.com>; Cain, Patrick Subject: RE: Michael Tebbs v. Sunbelt Rentals, Inc. —e——_ Ted, Following-up on the supplemental responses to the Special Interrogatories. When can we expect those? Thx. From: Navid, Lupe Sent: Tuesday, June 2, 2020 2:12 PM To: bill@polarislawgroup.com; lwlee @diversitylaw.com; dhyun@hyunlegal.com; Edward.Choi@choiandassociates.com; michelle@choiandassociates.com; erika@diversitylaw.com; lympia@diversitylaw.com Cc: Dokko, Ted <[Dokko@sgrlaw.com>; Cain, Patrick Subject: Michael Tebbs v. Sunbelt Rentals, Inc. Good afternoon, Attached please find a copy of Defendant Sunbelt Rentals Inc.’s Supplemental Responses to Plaintiff's Request for Production of Documents, Set One. Thank you, Lupe Lupe D. Navid Legal Secretary p | 213-358-7245 f | 213-358-7345 e | Inavid@ sgrlaw.com 444 South Flower Street | Suite 1700 | Los Angeles, CA 90071 www.sgrlaw.com Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. Confidentiality Notice This message is being sent by or on behalf of a lawyer. Its intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message