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JEFFREY L. HOGUE, ESQ. (SBN 234557)
TYLER J. BELONG, ESQ. (SBN 234543) Electronically Filed
HOGUE & BELONG 8/5/2020 10:37 PM
170 Laurel Street Superior Court of California
San Diego, CA 92101 County of Stanislaus
Tel: (619) 238-4720 Clerk of the Court
By: Nicole Nelson, Deputy
DEVON K. ROEPCKE, ESQ. (SBN 265708)
LAW OFFICES OF DEVON K. ROEPCKE, PC
170 Laurel Street
San Diego, CA 92101
Tel: (619) 940-5357
Attorneys for Aggrieved and Injured Party,
Jose Delgado
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
FOR THE COUNTY OF STANISLAUS
12
JERAE PORRAS, as an aggrieved CASE NO.: CV-19-000937
13
employee pursuant to the Private
14 Attorneys General Act (“PAGA”), DECLARATION OF DEVON K. ROEPCKE
IN SUPPORT OF AGGRIEVED AND
15
INJURED PARTY JOSE DELGADO’S
16 Plaintiff, REPLIES IN SUPPORT OF MOTIONS TO
Vv.
VACATE THE COURT’S ORDER
17
CHIPOTLE SERVICES, LLC, a APPROVING THE PAGA SETTLEMENT
18 Colorado corporation; CHIPOTLE AND ISSUING JUDGMENT THEREON
19 MEXICAN GRILL, INC. a Delaware PURSUANT TO CODE OF CIVIL
corporation; CHIPOTLE MEXICAN PROCEDURE SECTIONS 663 AND 473
20 GRILL OF COLORADO, LLC, a
Colorado limited liability company; Date: August 12, 2020
21 CHIPOTLE MEXICAN GRILL U.S.
Time: 8:30 am.
FINANCE CO., LLC, a Colorado limited
22 Dept. 24
liability company; and DOES 1 to 50,
23 inclusive, Judge: Hon. Sonny S. Sandhu
24 [Filed Concurrently Herewith (1) Replies to
25 Oppositions; (2) Objections
to Evidence; (3)
Request for Judicial Notice; (4) Declaration of
26 Jose Delgado; and (5) Response to Evidentiary
aa Objections]
27
28
DECLARATION OF DEVON K. ROEPCKE IN SUPPORT OF AGGRIEVED AND INJURED PARTY JOSE
DELGADO’S MOTION TO VACATE JUDGMENT PURSUANT TO CCP §§ 659(a)(2) AND 663(a)(2)
DECLARATION
I, DEVON K. ROEPCKE, declare as follows:
1 I am attomey at law, duly licensed before all Courts in the State of California, and
one of the attorneys of record for the aggrieved and injured party Jose Delgado. The matters set
forth herein are based on my personal knowledge, unless stated to be based on information and
belief, and where so stated I am informed and believe that such facts are true and correct. If called
upon to testify, I could and would testify competently thereto.
2 Attached as Exhibit “D” is a true and correct copy of the email correspondence
between counsel for Delgado, including myself, counsel for Chipotle, and mediator
J eff Krivis
10
leading up the October 1, 2019 mediation.
11
3 The email correspondence in Exhibit “D” demonstrates that Delgado was willing to
12
mediate his claims, but conditioned participation in the mediation on Chipotle producing a PMQ
13
14 for deposition and providing sufficient time and pay records for the aggrieved employees so that
15 his attorneys and expert could properly value the claims. Delgado’s counsel repeatedly requested
16 time and pay data, and a PMQ deposition, and Chipotle repeatedly delayed this discovery until it
17 ultimately refused to provide it at all. (See, Exhibit “D”.) This is the reason Delgado refused to
18 participate the mediation.
19 4 Attached as Exhibit “E” is a true and correct copy of an email counsel for
20 Sanchez, David Winston sent to myself and Mr. Hogue on March 4, 2020 in which Mr. Winston
21 indicates that intervening in Porras on an ex parte basis is not necessary because a motion to
22 intervene can be brought post-judgment.
23
I declare under penalty of perjury under the laws of the State of California that the foregoing
24
is true and correct.
25
Executed this 5m day of August, 2020, at San Diego, California.
26
27 Parr
So ON, NG z a
Devon K. Roepcke, Esq.
a
28
-l-
DECLARATION OF DEVON K. ROEPCKE IN SUPPORT OF AGGRIEVED AND INJURED PARTY JOSE
DELGADO’S MOTION TO VACATE JUDGMENT PURSUANT TO CCP §§ 659(a)(2) AND 663(a)(2)
Exhibit “D”
From: Jeff Hogue jhogue@hoguebelonglaw.com
Subject: Barber v. Chiptole - PMQ deposition
Date: August 20, 2019 at 8:29 AM
To: levi.heath@dlapiper.com, steve.hernandez@dlapiper.com
Ce: droepcke @lawdkr.com
Levi & Steve,
After serious thought, we think any prospective mediation will be much more productive and meaningful
if we have already taken the deposition of Chiptole's PMQ. Please provide us some dates of
availability for the PMQ. We would like to schedule it sometime before September 15, 2019.
Also, we understand that there have been a handful of related cases against Chiptole. But, we haven't
received any notice of related case as required by CRC. (see 3.300(d) and (e) (requiring notice of
related case to be filed and served within 15 days).) We would appreciate if you would file and serve
us with those notices.
Thank you for your cooperation.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
From: Jeff Hogue jhogue@hoguebelonglaw.com
Subject: Re: Barber v. Chiptole - PMQ deposition
Date: August 21, 2019 at 2:14 PM
To: levi.heath@dlapiper.com, steve.hernandez@dlapiper.com
Ce: droepcke @lawdkr.com
Just following up on this. Please let me know.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
On 8/20/2019 at 8:29 AM, "Jeff Hogue" wrote:
Levi & Steve,
After serious thought, we think any prospective mediation will be much more productive and
meaningful if we have already taken the deposition of Chiptole's PMQ. Please provide us
some dates of availability for the PMQ. We would like to schedule it sometime before
September 15, 2019.
Also, we understand that there have been a handful of related cases against Chiptole. But,
we haven't received any notice of related case as required by CRC. (see 3.300(d) and (e)
(requiring notice of related case to be filed and served within 15 days).) We would
appreciate if you would file and serve us with those notices.
Thank you for your cooperation.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
From: Jeff Hogue jhogue@hoguebelonglaw.com
Subject: Re: Barber v. Chiptole - PMQ deposition
Date: August 21, 2019 at 3:41 PM
To: Steve Hernandez steve.hernandez@dlapiper.com, Levi Heath levi.heath@dlapiper.com
Ce: droepcke @lawdkr.com
Ok, sounds good. | should be around all day tomorrow.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
On 8/21/2019 at 3:27 PM, "Steve Hernandez" wrote:
Hi, Jeff. I'll give you a call tomorrow morning to discuss.
Thanks,
Steve
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From: Jeff Hogue
Sent: Wednesday, August 21, 2019 2:14:39 PM
To: Heath, Levi ;
steve.hernandez @dlapiper.com
Cc: droepcke @lawdkr.com
Subject: Re: Barber v. Chiptole - PMQ deposition
[EXTERNAL]
Just following up on this. Please let me know.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
On 8/20/2019 at 8:29 AM, "Jeff Hogue" wrote:
Levi & Steve,
After serious thought, we think any prospective mediation will be much more
productive and meaningful if we have already taken the deposition of Chiptole's
PMaQ. Please provide us some dates of availability for the PMQ. We would like to
schedule it sometime before September 15, 2019.
Also, we understand that there have been a handful of related cases against
Chiptole. But, we haven't received any notice of related case as required by
CRC. (see 3.300(d) and (e) (requiring notice of related case to be filed and served
within 15 days).) We would appreciate if you would file and serve us with those
notices.
Thank you for your cooperation.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole
use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified
that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any
of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and
destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you.
From: Hernandez, Steve steve.hernandez@dlapiper.com
Subject: Re: Barber v. Chiptole - PMQ deposition
Date: August 21, 2019 at 3:27 PM
To: Jeff Hogue jhogue@hoguebelonglaw.com, Heath, Levi levi.heath@dlapiper.com, steve.hernandez@dlapiper.com
Ce: droepcke@lawdkr.com
Hi, Jeff. I'll give you a call tomorrow morning to discuss.
Thanks,
Steve
Get Outlook for Android
From: Jeff Hogue
Sent: Wednesday, August 21, 2019 2:14:39 PM
To: Heath, Levi ; steve.hernandez@dlapiper.com
Cc: droepcke @lawdkr.com
Subject: Re: Barber v. Chiptole - PMQ deposition
[EXTERNAL]
Just following up on this. Please let me know.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
On 8/20/2019 at 8:29 AM, "Jeff Hogue" wrote:
Levi & Steve,
After serious thought, we think any prospective mediation will be much more productive and
meaningful if we have already taken the deposition of Chiptole's PMQ. Please provide us
some dates of availability for the PMQ. We would like to schedule it sometime before
September 15, 2019.
Also, we understand that there have been a handful of related cases against Chiptole. But,
we haven't received any notice of related case as required by CRC. (see 3.300(d) and (e)
(requiring notice of related case to be filed and served within 15 days).) We would
appreciate if you would file and serve us with those notices.
Thank you for your cooperation.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the
intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized
review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited
If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us
directly, send to postmaster@dlapiper.com. Thank you.
From; Jeff Hogue jhogue@hoguebelonglaw.com
Subject: Barber, et al. v. Chipotle - mediation and related issues
Date: August 23, 2019 at 11:19 AM
To: levi.heath@dlapiper.com, Steve Hernandez steve.hernandez@dlapiper.com
Ce: tbelong@hoguebelonglaw.com, Devon Roepcke droepcke @lawdkr.com
Levi & Steve,
Ok, we are amenable to mediating on October 1, 2019, if you could provide the following:
We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served on July 1,
2019) confirmed and set to go forward before October 18, 2019 in the event we don't come to a
resolution on October 1, 2019.
In order to intelligently value our claims, we would also need verified time and pay records for all of the
managers during the class period - both the during the time frame when they allegedly signed
arbitration agreements and the time frame that Chipotle did not have arbitration agreements. We
would need some way to determine who Chiptole is claiming to have signed arbitration agreements.
We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of the form
interrogatories that will be personally served sometime today, which asks for simplistic information such
as does Chipotle's payroll system have a pay code for meal and rest period premiums, when Chipotle
first paid a premium payment, etc. I'll instruct our paralegal to send a courtesy copy via email to you.
Please confirm this arrangement is acceptable or feel free to give me a call to discuss.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
From: Hernandez, Steve steve.hernandez@dlapiper.com
Subject: Re: Barber, et al. v. Chipotle - mediation and related issues
Date: August 23, 2019 at 12:12 PM
To: Jeff Hogue jhogue@hoguebelonglaw.com, Heath, Levi levi.heath@dlapiper.com, Steve Hernandez
steve.hernandez@dlapiper.com
Ce: tbelong@hoguebelonglaw.com, Devon Roepcke droepcke@lawdkr.com
Thanks, Jeff. | am out of the office dealing with a TRO situation for another client, but |
will confer with Chipotle and get back to you ASAP.
Thanks,
Steve
Get Outlook for Android
From: Jeff Hogue
Sent: Friday, August 23, 2019 11:19:42 AM
To: Heath, Levi ; Steve Hernandez
Cc: tbelong@hoguebelonglaw.com ; 'Devon Roepcke'
Subject: Barber, et al. v. Chipotle - mediation and related issues
[EXTERNAL]
Levi & Steve,
Ok, we are amenable to mediating on October 1, 2019, if you could provide the following:
We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served on July 1,
2019) confirmed and set to go forward before October 18, 2019 in the event we don't come to a
resolution on October 1, 2019.
In order to intelligently value our claims, we would also need verified time and pay records for all of the
managers during the class period - both the during the time frame when they allegedly signed
arbitration agreements and the time frame that Chipotle did not have arbitration agreements. We
would need some way to determine who Chiptole is claiming to have signed arbitration agreements.
We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of the form
interrogatories that will be personally served sometime today, which asks for simplistic information such
as does Chipotle's payroll system have a pay code for meal and rest period premiums, when Chipotle
first paid a premium payment, etc. I'll instruct our paralegal to send a courtesy copy via email to you.
Please confirm this arrangement is acceptable or feel free to give me a call to discuss.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
= 7 7 eo .
Inis message (including any allacnments) contains contidental intormation
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the
intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized
review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited
If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us
directly, send to postmaster@dlapiper.com. Thank you.
From: Jeff Hogue jhogue@hoguebelonglaw.com
Subject: Re: Barber, et al. v. Chipotle - mediation and related issues
Date: August 31, 2019 at 11:41 AM
To: Steve Hernandez steve.hernandez@dlapiper.com, Levi Heath levi.heath@dlapiper.com
Ce: tbelong@hoguebelonglaw.com, Devon Roepcke droepcke@lawdkr.com
Just following up on this. Let me know. Thanks,
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
On 8/23/2019 at 12:12 PM, "Steve Hernandez" wrote:
Thanks, Jeff. | am out of the office dealing with a TRO situation for another
client, but | will confer with Chipotle and get back to you ASAP.
Thanks,
Steve
Get Outlook for Android
From: Jeff Hogue
Sent: Friday, August 23, 2019 11:19:42 AM
To: Heath, Levi ; Steve Hernandez
Cc: tbelong@hoguebelonglaw.com ; 'Devon
Roepcke'
Subject: Barber, et al. v. Chipotle - mediation and related issues
[EXTERNAL]
Levi & Steve,
Ok, we are amenable to mediating on October 1, 2019, if you could provide the following:
We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served
on July 1, 2019) confirmed and set to go forward before October 18, 2019 in the event we
don't come to a resolution on October 1, 2019.
In order to intelligently value our claims, we would also need verified time and pay records
for all of the managers during the class period - both the during the time frame when they
alleaedly sianed arbitration aareements and the time frame that Chipotle did not have
arbitration agreements. We would need some way to determine who Chiptole is claiming to
have signed arbitration agreements.
We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of
the form interrogatories that will be personally served sometime today, which asks for
simplistic information such as does Chipotle's payroll system have a pay code for meal and
rest period premiums, when Chipotle first paid a premium payment, etc. I'll instruct our
paralegal to send a courtesy copy via email to you.
Please confirm this arrangement is acceptable or feel free to give me a call to discuss.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole
use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified
that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any
of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and
destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you.
From: Jeff Hogue jhogue@hoguebelonglaw.com
Subject: Fwd: Re: Barber, et al. v. Chipotle - mediation and related issues
Date: : September 4, 2019 at 8:59 AM
To: 2 jkrivis @firstmediation.com
Ce: Devon Roepcke droepcke @lawdkr.com
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
anes Forwarded message from "Jeff Hogue" anne
Date: 8/31/2019 at 11:40 AM
Subject: Re: Barber, et al. v. Chipotle - mediation and related issues
To: "Steve Hernandez" , "Levi Heath"
Cc: tbelong@hoguebelonglaw.com, "Devon Roepcke’
Just following up on this. Let me know. Thanks,
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
On 8/23/2019 at 12:12 PM, "Steve Hernandez" wrote:
Thanks, Jeff. | am out of the office dealing with a TRO situation for another
client, but | will confer with Chipotle and get back to you ASAP.
Thanks,
Steve
Get Outlook for Android
From: Jeff Hogue
Sent: Friday, August 23, 2019 11:19:42 AM
To: Heath, Levi ; Steve Hernandez
Cc: tbelong@hoguebelonglaw.com ; 'Devon
Roepcke'
Subject: Barber, et al. v. Chipotle - mediation and related issues
[EXTERNAL]
Levi & Steve,
Ok, we are amenable to mediating on October 1, 2019, if you could provide the following:
We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served
on July 1, 2019) confirmed and set to go forward before October 18, 2019 in the event we
don't come to a resolution on October 1, 2019.
In order to intelligently value our claims, we would also need verified time and pay records
for all of the managers during the class period - both the during the time frame when they
allegedly signed arbitration agreements and the time frame that Chipotle did not have
arbitration agreements. We would need some way to determine who Chiptole is claiming to
have signed arbitration agreements.
We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of
the form interrogatories that will be personally served sometime today, which asks for
simplistic information such as does Chipotle's payroll system have a pay code for meal and
rest period premiums, when Chipotle first paid a premium payment, etc. I'll instruct our
paralegal to send a courtesy copy via email to you.
Please confirm this arrangement is acceptable or feel free to give me a call to discuss.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole
use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified
that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any
of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and
destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you.
From: Jeffrey Krivis jkrivis@firstmediation.com
Subject: Re: Barber, et al. v. Chipotle - mediation and related issues
Date: September 4, 2019 at 9:37 AM
To: Jeff Hogue jhogue@hoguebelonglaw.com
Ce: Devon Roepcke droepcke@lawdkr.com
Got it. Thanks
On Sep 4, 2019, at 9:00 AM, Jeff Hogue wrote
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
anne Forwarded message from "Jeff Hogue" wanes
Date: 8/31/2019 at 11:40 AM
Subject: Re: Barber, et al. v. Chipotle - mediation and related issues
To: "Steve Hernandez" , "Levi Heath"
Cc: tbelong@hoguebelonglaw.com, "Devon Roepcke
Just following up on this. Let me know. Thanks,
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
intended for a specific individual and purpose, and is protected by law.
If you are not the intended recipient, you should delete this message. Any
disclosure, copying, or distribution of this message, or the taking of any
action based on it, is strictly prohibited.
On 8/23/2019 at 12:12 PM, "Steve Hernandez" wrote:
Thanks, Jeff. | am out of the office dealing with a TRO situation for another
client, but | will confer with Chipotle and get back to you ASAP.
Thanks,
Steve
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From: Jeff Hogue
Sent: Friday, August 23, 2019 11:19:42 AM
To: Heath, Levi ; Steve Hernandez
Ce: tbelong@hoguebelonglaw.com ; 'Devon
Roepcke'
Subject: Barber, et al. v. Chipotle - mediation and related issues
[EXTERNAL]
Levi & Steve,
Ok, we are amenable to mediating on October 1, 2019, if you could provide the following:
We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served
on July 1, 2019) confirmed and set to go forward before October 18, 2019 in the event we
don't come to a resolution on October 1, 2019.
In order to intelligently value our claims, we would also need verified time and pay records
for all of the managers during the class period - both the during the time frame when they
allegedly signed arbitration agreements and the time frame that Chipotle did not have
arbitration agreements. We would need some way to determine who Chiptole is claiming
to have signed arbitration agreements.
We would also need verified responses to the special interrogatories, the RFAs, and 17.1
of the form interrogatories that will be personally served sometime today, which asks for
simplistic information such as does Chipotle's payroll system have a pay code for meal and
rest period premiums, when Chipotle first paid a premium payment, etc. I'll instruct our
paralegal to send a courtesy copy via email to you.
Please confirm this arrangement is acceptable or feel free to give me a call to discuss.
Jeffrey L. Hogue, Esq.
Hogue & Belong
170 Laurel Street
San Diego, CA 92101
(619) 238-4720 (office)
(619) 270-9856 (fax)
www.hoguebelonglaw.com
This message (including any attachments) contains confidential information
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From; Hernandez, Steve steve.hernandez@dlapiper.com
Subject: Barber
Date: September 5, 2019 at 4:43 PM
To: Jeffrey Hogue jhogue@hoguebelonglaw.com
Ce: Devon K. Roepcke droepcke@lawdkr.com, Heath, Levi levi.heath@dlapiper.com
Gents,
| understand from Jeff Krivis that you had inquired about payroll data. I’m still working on
getting the time and pay data, but should be able to get it to you late next week or early
the week following. | will update you if that changes for good or bad.
Thanks,
Steve
Steve L. Hernandez
Of Counsel
T +1 310.595.3143
M +1 323.274.2496
E steve.hernandez@dlapiper.com
DLA PIPER
DLA Piper LP (us;
2000 Avenue of the Stars, Ste 400, North Tower
Los Angeles, CA 90067
United States
www.dlapiper.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the
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From Hernandez, Steve steve.hernandez@dlapiper.com @
Subject: Barber Documents- Subject to the Mediation Privilege
Date: September 20, 2019 at 5:27 PM
To: Jeffrey Hogue jhogue@hoguebelonglaw.com, Devon K. Roepcke droepcke@lawdkr.com
Ce: Heath, Levi levi.heath@dlapiper.com
Jeff and Devon,
In light of the Court’s ruling staying the case in its entirety, our discovery responses are
no longer due today. However, we want to provide you with sufficient information for you
to be able to meaningfully participate in the mediation. For that reason, | am attaching
the draft discovery responses we prepared in response to your discovery requests, as
well as a link to documents that would have been responsive to your requests:
https://messner.sharefile.com/d-sc91fclece694b5f9. These draft discovery
responses and the documents at the links are subject to the mediation privilege,
confidential, and are not discoverable or admissible for any purpose other than
mediation.
Moreover, there are approximately 2,742 managers that were employed by Chipotle in
California at any point between October 2, 2014 to the present (the number may be
slightly higher, as the data | have goes through approximately June 2019) that did not
sign arbitration agreements. With regard to time and pay records, it is unlikely we will be
able to provide additional records prior to the mediation, as the gathering of that data for
production has proven exceedingly time and resource intensive. We understand that you
will need to make assumptions based on the information you have been provided without
the time and pay data.
Please let me know if there is anything else you would like prior to the mediation and we
will do our best to provide it, if possible.
Thanks,
Steve
Steve L. Hernandez
Of Counsel
T +1 310.595.3143
M +1 323.274.2496
E steve.hernandez@dlapiper.com
DLA Piper LLP (us)
2000 Avenue of the Stars, Ste 400, North Tower
Los Angeles, CA 90067
United States
www.dlapiper.com
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Ine IMOFMAUON CUNLAIIEY I LMS efial may VE CONNUeNUA! anu/or legally privueyeu. 1. as VEEN SENL 1OF UIE SUI USE UF Le
intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized
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Devon K. Roepeke droepcke @lawdkr.com
©
From;
Subject: Chipotle Mediation
Date: September 23, 2019 at 4:18 PM
To: Hernandez, Steve steve.hernandez@dlapiper.com
Ce: Heath, Levi levi.heath@dlapiper.com, Jeffrey Hogue jhogue@hoguebelonglaw.com, Tyler Belong tbelong @hoguebelonglaw.com
Steve,
We plan to attend the mediation and negotiate in good faith, but in order to ensure that it will be fruitful, please confirm that Chipotle is
willing to make its initial offer at $1 million.
-
Devon K. Roepcke, Esq.
Licensed in California and Arizona
170 Laurel Street
San Diego, CA 92101
phone: 619.940.5357
fax: 619.354.4157
email: droepcke@lawdkr.com
This email communication contains CONFIDENTIAL INFORMATION WHICH ALSO IS
LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified
above. This message is a communication made in confidence to or by an attorney or to or by a
client for the purpose of seeking or obtaining legal advice, and is legally privileged under Evid C
§§950-962; see, e.g., Upjohn Co. v U.S. (1981) 449 US 383, 66 L Ed 2d 584, 101 S Ct 677; D.I.
Chadbourne, Inc. v Superior Court (1964) 60 C2d 723, 36 CR 468. See also Martin v WCAB
(1997) 59 CA4th 333, 69 CR2d 138. If you are not the intended recipient of this communication,
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From; Hernandez, Steve steve.hernandez@dlapiper.com
Subject: RE: Chipotle Mediation
Date: September 25, 2019 at 1:17 PM
To: Devon K. Roepcke droepcke@lawdkr.com, Hernandez, Steve steve.hernandez@dlapiper.com
Ce: Heath, Levi levi.heath@dlapiper.com, Jeffrey Hogue jhogue @hoguebelonglaw.com, Tyler Belong tbelong @hoguebelonglaw.com
Devon, @
| appreciate your concern and why you would seek a guaranteed opening offer, but
your request is highly unusual. In fact, I’ve never had anyone ask any of my clients for
anything like that and never asked something similar in my time on the plaintiff's side.
Rest assured that Chipotle is not attending the mediation with anything but good faith
and the intention of getting a reasonable settlement done. Chipotle is not looking to
waste anyone’s time by or through the mediation. That said, | cannot guarantee you a
specific opening offer.
Best,
Steve
From: Devon K. Roepcke
Sent: Monday, September 23, 2019 4:18 PM
To: Hernandez, Steve
Ce: Heath, Levi ; Jeffrey Hogue
; Tyler Belong
Subject: Chipotle Mediation
[EXTERNAL]
Steve,
We plan to attend the mediation and negotiate in good faith, but in order to ensure that it
will be fruitful, please confirm that Chipotle is willing to make its initial offer at $1
million.
a
Devon K. Roepcke, Esq.
Licensed in California and Arizona
170 Laurel Street
San Diego, CA 92101
phone: 619.940.5357
fax: 619.354.4157
email: droepcke@lawdkr.com
This email communication contains CONFIDENTIAL INFORMATION WHICH ALSO IS
LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified
above. This message is a communication made in confidence to or by an attorney or to or by a
client for the purpose of seeking or obtaining legal advice, and is legally privileged under Evid
C §§950-962; see, e.g., Upjohn Co. v U.S. (1981) 449 US 383, 66 L Ed 2d 584, 101 S Ct 677;
D.I. Chadbourne, Inc. v Superior Court (1964) 60 C2d 723, 36 CR 468. See also Martin v
WCAB (1997) 59 CA4th 333, 69 CR2d 138. If you are not the intended recipient of this
communication, you are hereby notified that any unauthorized review, use, dissemination,
distribution, downloading, or copying of this communication is strictly prohibited. If you are
not the intended recipient and have received this communication in error, please immediately
notify us by reply email, delete the communication and destroy all copies.
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To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended or written to be
used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue
Code or (ii) promoting, marketing or recommending to another party any transaction or matter
addressed herein.
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the
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From: Devon K. Roepcke droepcke@lawdkr.com
Subject: : Re: Chipotle Mediation
Date: : September 27, 2019 at 1:04 PM
To: : Hernandez, Steve steve.hernandez@ dlapiper.com
©
Ce: : Heath, Levi levi.heath@dlapiper.com, Jeffrey Hogue jhogue@hoguebelonglaw.com, Tyler Belong tbelong@hoguebelonglaw.com
Steve,
Since Chipotle has not provided any time or pay records for the class, we are unable to reasonably value our claims, making
mediation premature. Furthermore, Chipotle has refused to meed our demand that they make a minimum offer before mediation.
As such, we will not be attending the upcoming mediation. Once we have the records and can value our claims, we are willing to
mediate the case.
-
Devon K. Roepcke, Esq.
Licensed in California and Arizona
170 Laurel Street
San Diego, CA 92101
phone: 619.940.5357
fax: 619.354.4157
email: droepcke@lawdkr.com
This email communication contains CONFIDENTIAL INFORMATION WHICH ALSO IS
LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified
above. This message is a communication made in confidence to or by an attorney or to or by a
client for the purpose of seeking or obtaining legal advice, and is legally privileged under Evid
C §§950-962; see, e.g., Upjohn Co. v U.S. (1981) 449 US 383, 66 L Ed 2d 584, 101 S Ct 677;
D.I. Chadbourne, Inc. v Superior Court (1964) 60 C2d 723, 36 CR 468. See also Martin v
WCAB (1997) 59 CA4th 333, 69 CR2d 138. If you are not the intended rec
Preview
JEFFREY L. HOGUE, ESQ. (SBN 234557) TYLER J. BELONG, ESQ. (SBN 234543) Electronically Filed HOGUE & BELONG 8/5/2020 10:37 PM 170 Laurel Street Superior Court of California San Diego, CA 92101 County of Stanislaus Tel: (619) 238-4720 Clerk of the Court By: Nicole Nelson, Deputy DEVON K. ROEPCKE, ESQ. (SBN 265708) LAW OFFICES OF DEVON K. ROEPCKE, PC 170 Laurel Street San Diego, CA 92101 Tel: (619) 940-5357 Attorneys for Aggrieved and Injured Party, Jose Delgado 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF STANISLAUS 12 JERAE PORRAS, as an aggrieved CASE NO.: CV-19-000937 13 employee pursuant to the Private 14 Attorneys General Act (“PAGA”), DECLARATION OF DEVON K. ROEPCKE IN SUPPORT OF AGGRIEVED AND 15 INJURED PARTY JOSE DELGADO’S 16 Plaintiff, REPLIES IN SUPPORT OF MOTIONS TO Vv. VACATE THE COURT’S ORDER 17 CHIPOTLE SERVICES, LLC, a APPROVING THE PAGA SETTLEMENT 18 Colorado corporation; CHIPOTLE AND ISSUING JUDGMENT THEREON 19 MEXICAN GRILL, INC. a Delaware PURSUANT TO CODE OF CIVIL corporation; CHIPOTLE MEXICAN PROCEDURE SECTIONS 663 AND 473 20 GRILL OF COLORADO, LLC, a Colorado limited liability company; Date: August 12, 2020 21 CHIPOTLE MEXICAN GRILL U.S. Time: 8:30 am. FINANCE CO., LLC, a Colorado limited 22 Dept. 24 liability company; and DOES 1 to 50, 23 inclusive, Judge: Hon. Sonny S. Sandhu 24 [Filed Concurrently Herewith (1) Replies to 25 Oppositions; (2) Objections to Evidence; (3) Request for Judicial Notice; (4) Declaration of 26 Jose Delgado; and (5) Response to Evidentiary aa Objections] 27 28 DECLARATION OF DEVON K. ROEPCKE IN SUPPORT OF AGGRIEVED AND INJURED PARTY JOSE DELGADO’S MOTION TO VACATE JUDGMENT PURSUANT TO CCP §§ 659(a)(2) AND 663(a)(2) DECLARATION I, DEVON K. ROEPCKE, declare as follows: 1 I am attomey at law, duly licensed before all Courts in the State of California, and one of the attorneys of record for the aggrieved and injured party Jose Delgado. The matters set forth herein are based on my personal knowledge, unless stated to be based on information and belief, and where so stated I am informed and believe that such facts are true and correct. If called upon to testify, I could and would testify competently thereto. 2 Attached as Exhibit “D” is a true and correct copy of the email correspondence between counsel for Delgado, including myself, counsel for Chipotle, and mediator J eff Krivis 10 leading up the October 1, 2019 mediation. 11 3 The email correspondence in Exhibit “D” demonstrates that Delgado was willing to 12 mediate his claims, but conditioned participation in the mediation on Chipotle producing a PMQ 13 14 for deposition and providing sufficient time and pay records for the aggrieved employees so that 15 his attorneys and expert could properly value the claims. Delgado’s counsel repeatedly requested 16 time and pay data, and a PMQ deposition, and Chipotle repeatedly delayed this discovery until it 17 ultimately refused to provide it at all. (See, Exhibit “D”.) This is the reason Delgado refused to 18 participate the mediation. 19 4 Attached as Exhibit “E” is a true and correct copy of an email counsel for 20 Sanchez, David Winston sent to myself and Mr. Hogue on March 4, 2020 in which Mr. Winston 21 indicates that intervening in Porras on an ex parte basis is not necessary because a motion to 22 intervene can be brought post-judgment. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing 24 is true and correct. 25 Executed this 5m day of August, 2020, at San Diego, California. 26 27 Parr So ON, NG z a Devon K. Roepcke, Esq. a 28 -l- DECLARATION OF DEVON K. ROEPCKE IN SUPPORT OF AGGRIEVED AND INJURED PARTY JOSE DELGADO’S MOTION TO VACATE JUDGMENT PURSUANT TO CCP §§ 659(a)(2) AND 663(a)(2) Exhibit “D” From: Jeff Hogue jhogue@hoguebelonglaw.com Subject: Barber v. Chiptole - PMQ deposition Date: August 20, 2019 at 8:29 AM To: levi.heath@dlapiper.com, steve.hernandez@dlapiper.com Ce: droepcke @lawdkr.com Levi & Steve, After serious thought, we think any prospective mediation will be much more productive and meaningful if we have already taken the deposition of Chiptole's PMQ. Please provide us some dates of availability for the PMQ. We would like to schedule it sometime before September 15, 2019. Also, we understand that there have been a handful of related cases against Chiptole. But, we haven't received any notice of related case as required by CRC. (see 3.300(d) and (e) (requiring notice of related case to be filed and served within 15 days).) We would appreciate if you would file and serve us with those notices. Thank you for your cooperation. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. From: Jeff Hogue jhogue@hoguebelonglaw.com Subject: Re: Barber v. Chiptole - PMQ deposition Date: August 21, 2019 at 2:14 PM To: levi.heath@dlapiper.com, steve.hernandez@dlapiper.com Ce: droepcke @lawdkr.com Just following up on this. Please let me know. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. On 8/20/2019 at 8:29 AM, "Jeff Hogue" wrote: Levi & Steve, After serious thought, we think any prospective mediation will be much more productive and meaningful if we have already taken the deposition of Chiptole's PMQ. Please provide us some dates of availability for the PMQ. We would like to schedule it sometime before September 15, 2019. Also, we understand that there have been a handful of related cases against Chiptole. But, we haven't received any notice of related case as required by CRC. (see 3.300(d) and (e) (requiring notice of related case to be filed and served within 15 days).) We would appreciate if you would file and serve us with those notices. Thank you for your cooperation. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. From: Jeff Hogue jhogue@hoguebelonglaw.com Subject: Re: Barber v. Chiptole - PMQ deposition Date: August 21, 2019 at 3:41 PM To: Steve Hernandez steve.hernandez@dlapiper.com, Levi Heath levi.heath@dlapiper.com Ce: droepcke @lawdkr.com Ok, sounds good. | should be around all day tomorrow. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. On 8/21/2019 at 3:27 PM, "Steve Hernandez" wrote: Hi, Jeff. I'll give you a call tomorrow morning to discuss. Thanks, Steve Get Outlook for Android From: Jeff Hogue Sent: Wednesday, August 21, 2019 2:14:39 PM To: Heath, Levi ; steve.hernandez @dlapiper.com Cc: droepcke @lawdkr.com Subject: Re: Barber v. Chiptole - PMQ deposition [EXTERNAL] Just following up on this. Please let me know. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. On 8/20/2019 at 8:29 AM, "Jeff Hogue" wrote: Levi & Steve, After serious thought, we think any prospective mediation will be much more productive and meaningful if we have already taken the deposition of Chiptole's PMaQ. Please provide us some dates of availability for the PMQ. We would like to schedule it sometime before September 15, 2019. Also, we understand that there have been a handful of related cases against Chiptole. But, we haven't received any notice of related case as required by CRC. (see 3.300(d) and (e) (requiring notice of related case to be filed and served within 15 days).) We would appreciate if you would file and serve us with those notices. Thank you for your cooperation. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. From: Hernandez, Steve steve.hernandez@dlapiper.com Subject: Re: Barber v. Chiptole - PMQ deposition Date: August 21, 2019 at 3:27 PM To: Jeff Hogue jhogue@hoguebelonglaw.com, Heath, Levi levi.heath@dlapiper.com, steve.hernandez@dlapiper.com Ce: droepcke@lawdkr.com Hi, Jeff. I'll give you a call tomorrow morning to discuss. Thanks, Steve Get Outlook for Android From: Jeff Hogue Sent: Wednesday, August 21, 2019 2:14:39 PM To: Heath, Levi ; steve.hernandez@dlapiper.com Cc: droepcke @lawdkr.com Subject: Re: Barber v. Chiptole - PMQ deposition [EXTERNAL] Just following up on this. Please let me know. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. On 8/20/2019 at 8:29 AM, "Jeff Hogue" wrote: Levi & Steve, After serious thought, we think any prospective mediation will be much more productive and meaningful if we have already taken the deposition of Chiptole's PMQ. Please provide us some dates of availability for the PMQ. We would like to schedule it sometime before September 15, 2019. Also, we understand that there have been a handful of related cases against Chiptole. But, we haven't received any notice of related case as required by CRC. (see 3.300(d) and (e) (requiring notice of related case to be filed and served within 15 days).) We would appreciate if you would file and serve us with those notices. Thank you for your cooperation. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. From; Jeff Hogue jhogue@hoguebelonglaw.com Subject: Barber, et al. v. Chipotle - mediation and related issues Date: August 23, 2019 at 11:19 AM To: levi.heath@dlapiper.com, Steve Hernandez steve.hernandez@dlapiper.com Ce: tbelong@hoguebelonglaw.com, Devon Roepcke droepcke @lawdkr.com Levi & Steve, Ok, we are amenable to mediating on October 1, 2019, if you could provide the following: We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served on July 1, 2019) confirmed and set to go forward before October 18, 2019 in the event we don't come to a resolution on October 1, 2019. In order to intelligently value our claims, we would also need verified time and pay records for all of the managers during the class period - both the during the time frame when they allegedly signed arbitration agreements and the time frame that Chipotle did not have arbitration agreements. We would need some way to determine who Chiptole is claiming to have signed arbitration agreements. We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of the form interrogatories that will be personally served sometime today, which asks for simplistic information such as does Chipotle's payroll system have a pay code for meal and rest period premiums, when Chipotle first paid a premium payment, etc. I'll instruct our paralegal to send a courtesy copy via email to you. Please confirm this arrangement is acceptable or feel free to give me a call to discuss. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. From: Hernandez, Steve steve.hernandez@dlapiper.com Subject: Re: Barber, et al. v. Chipotle - mediation and related issues Date: August 23, 2019 at 12:12 PM To: Jeff Hogue jhogue@hoguebelonglaw.com, Heath, Levi levi.heath@dlapiper.com, Steve Hernandez steve.hernandez@dlapiper.com Ce: tbelong@hoguebelonglaw.com, Devon Roepcke droepcke@lawdkr.com Thanks, Jeff. | am out of the office dealing with a TRO situation for another client, but | will confer with Chipotle and get back to you ASAP. Thanks, Steve Get Outlook for Android From: Jeff Hogue Sent: Friday, August 23, 2019 11:19:42 AM To: Heath, Levi ; Steve Hernandez Cc: tbelong@hoguebelonglaw.com ; 'Devon Roepcke' Subject: Barber, et al. v. Chipotle - mediation and related issues [EXTERNAL] Levi & Steve, Ok, we are amenable to mediating on October 1, 2019, if you could provide the following: We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served on July 1, 2019) confirmed and set to go forward before October 18, 2019 in the event we don't come to a resolution on October 1, 2019. In order to intelligently value our claims, we would also need verified time and pay records for all of the managers during the class period - both the during the time frame when they allegedly signed arbitration agreements and the time frame that Chipotle did not have arbitration agreements. We would need some way to determine who Chiptole is claiming to have signed arbitration agreements. We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of the form interrogatories that will be personally served sometime today, which asks for simplistic information such as does Chipotle's payroll system have a pay code for meal and rest period premiums, when Chipotle first paid a premium payment, etc. I'll instruct our paralegal to send a courtesy copy via email to you. Please confirm this arrangement is acceptable or feel free to give me a call to discuss. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com = 7 7 eo . Inis message (including any allacnments) contains contidental intormation intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. From: Jeff Hogue jhogue@hoguebelonglaw.com Subject: Re: Barber, et al. v. Chipotle - mediation and related issues Date: August 31, 2019 at 11:41 AM To: Steve Hernandez steve.hernandez@dlapiper.com, Levi Heath levi.heath@dlapiper.com Ce: tbelong@hoguebelonglaw.com, Devon Roepcke droepcke@lawdkr.com Just following up on this. Let me know. Thanks, Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. On 8/23/2019 at 12:12 PM, "Steve Hernandez" wrote: Thanks, Jeff. | am out of the office dealing with a TRO situation for another client, but | will confer with Chipotle and get back to you ASAP. Thanks, Steve Get Outlook for Android From: Jeff Hogue Sent: Friday, August 23, 2019 11:19:42 AM To: Heath, Levi ; Steve Hernandez Cc: tbelong@hoguebelonglaw.com ; 'Devon Roepcke' Subject: Barber, et al. v. Chipotle - mediation and related issues [EXTERNAL] Levi & Steve, Ok, we are amenable to mediating on October 1, 2019, if you could provide the following: We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served on July 1, 2019) confirmed and set to go forward before October 18, 2019 in the event we don't come to a resolution on October 1, 2019. In order to intelligently value our claims, we would also need verified time and pay records for all of the managers during the class period - both the during the time frame when they alleaedly sianed arbitration aareements and the time frame that Chipotle did not have arbitration agreements. We would need some way to determine who Chiptole is claiming to have signed arbitration agreements. We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of the form interrogatories that will be personally served sometime today, which asks for simplistic information such as does Chipotle's payroll system have a pay code for meal and rest period premiums, when Chipotle first paid a premium payment, etc. I'll instruct our paralegal to send a courtesy copy via email to you. Please confirm this arrangement is acceptable or feel free to give me a call to discuss. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. From: Jeff Hogue jhogue@hoguebelonglaw.com Subject: Fwd: Re: Barber, et al. v. Chipotle - mediation and related issues Date: : September 4, 2019 at 8:59 AM To: 2 jkrivis @firstmediation.com Ce: Devon Roepcke droepcke @lawdkr.com Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. anes Forwarded message from "Jeff Hogue" anne Date: 8/31/2019 at 11:40 AM Subject: Re: Barber, et al. v. Chipotle - mediation and related issues To: "Steve Hernandez" , "Levi Heath" Cc: tbelong@hoguebelonglaw.com, "Devon Roepcke’ Just following up on this. Let me know. Thanks, Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. On 8/23/2019 at 12:12 PM, "Steve Hernandez" wrote: Thanks, Jeff. | am out of the office dealing with a TRO situation for another client, but | will confer with Chipotle and get back to you ASAP. Thanks, Steve Get Outlook for Android From: Jeff Hogue Sent: Friday, August 23, 2019 11:19:42 AM To: Heath, Levi ; Steve Hernandez Cc: tbelong@hoguebelonglaw.com ; 'Devon Roepcke' Subject: Barber, et al. v. Chipotle - mediation and related issues [EXTERNAL] Levi & Steve, Ok, we are amenable to mediating on October 1, 2019, if you could provide the following: We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served on July 1, 2019) confirmed and set to go forward before October 18, 2019 in the event we don't come to a resolution on October 1, 2019. In order to intelligently value our claims, we would also need verified time and pay records for all of the managers during the class period - both the during the time frame when they allegedly signed arbitration agreements and the time frame that Chipotle did not have arbitration agreements. We would need some way to determine who Chiptole is claiming to have signed arbitration agreements. We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of the form interrogatories that will be personally served sometime today, which asks for simplistic information such as does Chipotle's payroll system have a pay code for meal and rest period premiums, when Chipotle first paid a premium payment, etc. I'll instruct our paralegal to send a courtesy copy via email to you. Please confirm this arrangement is acceptable or feel free to give me a call to discuss. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. From: Jeffrey Krivis jkrivis@firstmediation.com Subject: Re: Barber, et al. v. Chipotle - mediation and related issues Date: September 4, 2019 at 9:37 AM To: Jeff Hogue jhogue@hoguebelonglaw.com Ce: Devon Roepcke droepcke@lawdkr.com Got it. Thanks On Sep 4, 2019, at 9:00 AM, Jeff Hogue wrote Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. anne Forwarded message from "Jeff Hogue" wanes Date: 8/31/2019 at 11:40 AM Subject: Re: Barber, et al. v. Chipotle - mediation and related issues To: "Steve Hernandez" , "Levi Heath" Cc: tbelong@hoguebelonglaw.com, "Devon Roepcke Just following up on this. Let me know. Thanks, Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. On 8/23/2019 at 12:12 PM, "Steve Hernandez" wrote: Thanks, Jeff. | am out of the office dealing with a TRO situation for another client, but | will confer with Chipotle and get back to you ASAP. Thanks, Steve Get Outlook for Android From: Jeff Hogue Sent: Friday, August 23, 2019 11:19:42 AM To: Heath, Levi ; Steve Hernandez Ce: tbelong@hoguebelonglaw.com ; 'Devon Roepcke' Subject: Barber, et al. v. Chipotle - mediation and related issues [EXTERNAL] Levi & Steve, Ok, we are amenable to mediating on October 1, 2019, if you could provide the following: We would like to have Chipotle's PMQ deposition (pursuant to our deposition notice served on July 1, 2019) confirmed and set to go forward before October 18, 2019 in the event we don't come to a resolution on October 1, 2019. In order to intelligently value our claims, we would also need verified time and pay records for all of the managers during the class period - both the during the time frame when they allegedly signed arbitration agreements and the time frame that Chipotle did not have arbitration agreements. We would need some way to determine who Chiptole is claiming to have signed arbitration agreements. We would also need verified responses to the special interrogatories, the RFAs, and 17.1 of the form interrogatories that will be personally served sometime today, which asks for simplistic information such as does Chipotle's payroll system have a pay code for meal and rest period premiums, when Chipotle first paid a premium payment, etc. I'll instruct our paralegal to send a courtesy copy via email to you. Please confirm this arrangement is acceptable or feel free to give me a call to discuss. Jeffrey L. Hogue, Esq. Hogue & Belong 170 Laurel Street San Diego, CA 92101 (619) 238-4720 (office) (619) 270-9856 (fax) www.hoguebelonglaw.com This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the messaae. To contact us directly, send to postmaster@dlapiper.com. Thank From; Hernandez, Steve steve.hernandez@dlapiper.com Subject: Barber Date: September 5, 2019 at 4:43 PM To: Jeffrey Hogue jhogue@hoguebelonglaw.com Ce: Devon K. Roepcke droepcke@lawdkr.com, Heath, Levi levi.heath@dlapiper.com Gents, | understand from Jeff Krivis that you had inquired about payroll data. I’m still working on getting the time and pay data, but should be able to get it to you late next week or early the week following. | will update you if that changes for good or bad. Thanks, Steve Steve L. Hernandez Of Counsel T +1 310.595.3143 M +1 323.274.2496 E steve.hernandez@dlapiper.com DLA PIPER DLA Piper LP (us; 2000 Avenue of the Stars, Ste 400, North Tower Los Angeles, CA 90067 United States www.dlapiper.com The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. From Hernandez, Steve steve.hernandez@dlapiper.com @ Subject: Barber Documents- Subject to the Mediation Privilege Date: September 20, 2019 at 5:27 PM To: Jeffrey Hogue jhogue@hoguebelonglaw.com, Devon K. Roepcke droepcke@lawdkr.com Ce: Heath, Levi levi.heath@dlapiper.com Jeff and Devon, In light of the Court’s ruling staying the case in its entirety, our discovery responses are no longer due today. However, we want to provide you with sufficient information for you to be able to meaningfully participate in the mediation. For that reason, | am attaching the draft discovery responses we prepared in response to your discovery requests, as well as a link to documents that would have been responsive to your requests: https://messner.sharefile.com/d-sc91fclece694b5f9. These draft discovery responses and the documents at the links are subject to the mediation privilege, confidential, and are not discoverable or admissible for any purpose other than mediation. Moreover, there are approximately 2,742 managers that were employed by Chipotle in California at any point between October 2, 2014 to the present (the number may be slightly higher, as the data | have goes through approximately June 2019) that did not sign arbitration agreements. With regard to time and pay records, it is unlikely we will be able to provide additional records prior to the mediation, as the gathering of that data for production has proven exceedingly time and resource intensive. We understand that you will need to make assumptions based on the information you have been provided without the time and pay data. Please let me know if there is anything else you would like prior to the mediation and we will do our best to provide it, if possible. Thanks, Steve Steve L. Hernandez Of Counsel T +1 310.595.3143 M +1 323.274.2496 E steve.hernandez@dlapiper.com DLA Piper LLP (us) 2000 Avenue of the Stars, Ste 400, North Tower Los Angeles, CA 90067 United States www.dlapiper.com Tha tnfaemnatinn anntatnnd fe thin amaH mat he canéidantion nadine fanattee ae Innnd Th han bane cant fae tha ania nan nf tha, Ine IMOFMAUON CUNLAIIEY I LMS efial may VE CONNUeNUA! anu/or legally privueyeu. 1. as VEEN SENL 1OF UIE SUI USE UF Le intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. nm. Dw Chipotles Chipotles Chipotle Chipotle Service...t 1.pdf Service. s.pdf Service...ion.pdf Service...ns.pdf Devon K. Roepeke droepcke @lawdkr.com © From; Subject: Chipotle Mediation Date: September 23, 2019 at 4:18 PM To: Hernandez, Steve steve.hernandez@dlapiper.com Ce: Heath, Levi levi.heath@dlapiper.com, Jeffrey Hogue jhogue@hoguebelonglaw.com, Tyler Belong tbelong @hoguebelonglaw.com Steve, We plan to attend the mediation and negotiate in good faith, but in order to ensure that it will be fruitful, please confirm that Chipotle is willing to make its initial offer at $1 million. - Devon K. Roepcke, Esq. Licensed in California and Arizona 170 Laurel Street San Diego, CA 92101 phone: 619.940.5357 fax: 619.354.4157 email: droepcke@lawdkr.com This email communication contains CONFIDENTIAL INFORMATION WHICH ALSO IS LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. This message is a communication made in confidence to or by an attorney or to or by a client for the purpose of seeking or obtaining legal advice, and is legally privileged under Evid C §§950-962; see, e.g., Upjohn Co. v U.S. (1981) 449 US 383, 66 L Ed 2d 584, 101 S Ct 677; D.I. Chadbourne, Inc. v Superior Court (1964) 60 C2d 723, 36 CR 468. See also Martin v WCAB (1997) 59 CA4th 333, 69 CR2d 138. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies. IRS CIRCULAR 230 DISCLOSURE To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From; Hernandez, Steve steve.hernandez@dlapiper.com Subject: RE: Chipotle Mediation Date: September 25, 2019 at 1:17 PM To: Devon K. Roepcke droepcke@lawdkr.com, Hernandez, Steve steve.hernandez@dlapiper.com Ce: Heath, Levi levi.heath@dlapiper.com, Jeffrey Hogue jhogue @hoguebelonglaw.com, Tyler Belong tbelong @hoguebelonglaw.com Devon, @ | appreciate your concern and why you would seek a guaranteed opening offer, but your request is highly unusual. In fact, I’ve never had anyone ask any of my clients for anything like that and never asked something similar in my time on the plaintiff's side. Rest assured that Chipotle is not attending the mediation with anything but good faith and the intention of getting a reasonable settlement done. Chipotle is not looking to waste anyone’s time by or through the mediation. That said, | cannot guarantee you a specific opening offer. Best, Steve From: Devon K. Roepcke Sent: Monday, September 23, 2019 4:18 PM To: Hernandez, Steve Ce: Heath, Levi ; Jeffrey Hogue ; Tyler Belong Subject: Chipotle Mediation [EXTERNAL] Steve, We plan to attend the mediation and negotiate in good faith, but in order to ensure that it will be fruitful, please confirm that Chipotle is willing to make its initial offer at $1 million. a Devon K. Roepcke, Esq. Licensed in California and Arizona 170 Laurel Street San Diego, CA 92101 phone: 619.940.5357 fax: 619.354.4157 email: droepcke@lawdkr.com This email communication contains CONFIDENTIAL INFORMATION WHICH ALSO IS LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. This message is a communication made in confidence to or by an attorney or to or by a client for the purpose of seeking or obtaining legal advice, and is legally privileged under Evid C §§950-962; see, e.g., Upjohn Co. v U.S. (1981) 449 US 383, 66 L Ed 2d 584, 101 S Ct 677; D.I. Chadbourne, Inc. v Superior Court (1964) 60 C2d 723, 36 CR 468. See also Martin v WCAB (1997) 59 CA4th 333, 69 CR2d 138. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies. IRS CIRCULAR 230 DISCLOSURE To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. From: Devon K. Roepcke droepcke@lawdkr.com Subject: : Re: Chipotle Mediation Date: : September 27, 2019 at 1:04 PM To: : Hernandez, Steve steve.hernandez@ dlapiper.com © Ce: : Heath, Levi levi.heath@dlapiper.com, Jeffrey Hogue jhogue@hoguebelonglaw.com, Tyler Belong tbelong@hoguebelonglaw.com Steve, Since Chipotle has not provided any time or pay records for the class, we are unable to reasonably value our claims, making mediation premature. Furthermore, Chipotle has refused to meed our demand that they make a minimum offer before mediation. As such, we will not be attending the upcoming mediation. Once we have the records and can value our claims, we are willing to mediate the case. - Devon K. Roepcke, Esq. Licensed in California and Arizona 170 Laurel Street San Diego, CA 92101 phone: 619.940.5357 fax: 619.354.4157 email: droepcke@lawdkr.com This email communication contains CONFIDENTIAL INFORMATION WHICH ALSO IS LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. This message is a communication made in confidence to or by an attorney or to or by a client for the purpose of seeking or obtaining legal advice, and is legally privileged under Evid C §§950-962; see, e.g., Upjohn Co. v U.S. (1981) 449 US 383, 66 L Ed 2d 584, 101 S Ct 677; D.I. Chadbourne, Inc. v Superior Court (1964) 60 C2d 723, 36 CR 468. See also Martin v WCAB (1997) 59 CA4th 333, 69 CR2d 138. If you are not the intended rec