Preview
To:+15102671546 Page:3 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole
FILED BY FAX
ALAMEDA COUNTY
. August 25, 2021
1 Scott Edward Cole, Esq. (S.B. #160744)
Laura Grace Van Note, Esq. (S.B. #310160) THE sGpee Ss couRT
2 COLE & VAN NOTE e By Milagros Cortez,Deputy
555 12 Street, Suite 1725
3. | Oakland, California 94607 CASE NUMBER:
Telephone: (510) 891-9800 RG19017399
4 | Facsimile: (510) 891-7030
Email: sec@colevannote.com
5 Email: lvn@colevannote.com
Web: www.colevannote.com
6
Attorneys for Representative Plaintiff(s), ef al.
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
, IN AND FOR THE COUNTY OF ALAMEDA
10
lL
MARK TIRMAN, individually, and on Case No. RG19017399
12 | behalf of allothers similarly situated,
ASSIGNED FOR ALL PURPOSES TO JUDGE
& 13 Plaintiff, BRAD SELIGMAN DEPT. 23
we VS.
a: 14 PLAINTIFE’S COMPLEX CASE
S PPH FRANCHISE HOLDINGS, LLC, MANAGEME NT CONFEREN CE
we 15 | PASSPORT HEALTH HOLDINGS, LLC; | STATEMENT
RE and DOES 1 through 100, inclusive,
9 16 Date: August 31, 2021
Defendants. Time: 3:00 p.m.
17 Dept; 23
18 Action Filed: May 2, 2019
19
20 Plaintiff Mark Tirman (“Plaintiff’) by and through his counsel, hereby submits the
21 | following Complex Case Management Conference Statement.
22
23 FACTUAL BACKGROUND
24 Plaintiff and the putative class members are non-exempt nurses employed within
25 || California. Plaintiff alleges Defendant had a consistent policy whereby itfailed to provide legally
26 | compliant meal and restperiods, failed toprovide accurate wage statements, failed Lo pay allwages
27 || due on termination, and engaged in unfair business practices in violation of the Unfair Competition
=].
Plaintiff's
Complex Case Management Conference Statement
To:+15102671546 Page:4 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole
1 || Act.The basis forthese claims isthat Defendant scheduled patient appointments without allocating
2 || time for class members to take breaks.
3
4 PARTIES
5 Plaintiff: Plaintiff Mark Tirman was employed by Defendant as a non-exempt nurse
6 || during the class period.
Counsel for Plaintiff:
Scott Edward Cole, Esq. (S.B. # 160744)
8 Laura Van Note, Esq. (S.B. # 310160)
9 COLE & VAN NOTE
555 12th Street,Suite 1725
10 Oakland, CA 94607
1 Telephone: (510) 891-9800
Facsimile: (510) 891-7030
12 Email: sec@colevannote.com
Email: lvn@colevannote.com
aa
ea a 14
a 15 Defendant: Defendants PPH Franchise Holdings, LLC and Passport Health Holdings,
oa
8 By 5 LLC are represented by:
2 8 16
o
7 Counsel for Defendants:
18 Diana M. Estrada, Esq. (S.B, #212702)
WILSON, ELSER, MOSKOWITZ,
19 EDELMAN & DICKER LLP
555 South Flower Street, Suite 2900
20 Los Angeles, California 90071
Telephone: (213) 443-5100
21 Facsimile: (213) 443-5101
Email: diana.Estrada@wilsonelser.com
22
23
DEADLINES
24
Plaintiff requests the Court set this matter for Trial on the firstavailable date.
25
26
27
28
a
Plaintiff's
Cormplex Case Management Conference Staternent
To: +15102671546 Page:5 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole
1 CLASS DISCOVERY and CLASS CERTIFICATION
2 Plaintiff propounded an initialset of written discovery requests on June 18, 2019, related
3 |{toboth individual and class issues. Plaintiff served additional requests for production, which
4 || Defendant responded to (asserting various objections and not producing any further documents)
5 |jfon
November 3, 2020. On November 11, 2020, the parties held a telephonic meet and confer
6 j regarding the objections. In that conversation, Defendant’s counsel agreed to provide a proposal
7 {fora production which would address the privacy concerns related to necessary redactions of the
8 |employee schedules. The parties continue to meet and confer on this issue and will seck court
9 jintervention if itbecomes necessary. Plaintiff filed his Motion for Class Certification on March
10 11,2021 and itwas denied by this Court on May 11, 2021. The case now involves only Plaintiff's
11 jlindividualwage claims and aPAGA claim.
DISCOVERY PLAN and PROPOSED LITIGATION SCHEDULE
NOTE
AT LAW
Depositions are ongoing. The parties are meeting and conferring regarding the production
VAN
AT(FTORNEYS
of schedules of the class members, which Defendant asserts contain patient medical information
COLE &
which must be redacted before production.
17
18 EVIDENTIARY ISSUES
19 The parties do not identify any evidentiary issues at this time.
20
21 PROCEDURAL POSTURE
22 Plaintiff filed his Complaint on May 2, 2019, Plaintiff also sent a PAGA notice/letter to
23 ithe LWDA on May 14, 2019. Following expiration of the statutory period for the LWDA to
24 |respond to the notice, the First Amended Complaint adding a cause of action under PAGA was
25 | filed on August 9, 2019.
3.
Plaintiff's
Complex Case Management Conference Statement
To:+15102671546 Page:6 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole
1 SUGGESTIONS FOR STREAMLINING THIS LITIGATION
2 Plaintiff suggests the Court setthis matter for a bifurcated trial:The first phase of the trial
3. ‘j] would be solely to determine whether Plaintiff isan aggrieved employee with standing to obtain
4 ||penaltiesfor the other aggrieves employees. Assuming the Court finds Plaintiff is an aggrieved
5 |/employee, the second phase would address the penalties to be assessed for Defendant’s violations
6.. lasto allaggrieved employees, Plaintiff has discussed this proposal with Defendant’s counsel, who
7... -has.not yet.taken.a position, on it.
8
g | Dated: August 25, 2021 COLE & VAN NOTE
10 _ 4
u eg pon
11 By: a as
, ; Laura Van Note, Esq.
2 Attomeys for Representative Plaintifi(s), ef al.
ial
2
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ae
cs
2
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17
18
19
20
21
22
23
24
25
26
27
28
4a
Plaintiff's
Complex. Case Manayement Conference Statement
To:+15102671546 Page:7 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole
PROOF OF SERVICE
Tam over 18 years of age, not a party to the above-captioned action, and am employed by the
law firm of Cole & Van Note, 55512 St.,Suite 1725, Oakland, California 94607.
On this date, I served a copy of:
a
PLAINTIFE’S COMPLEX CASE MANAGEMENT CONFERENCE STATEMENT
By depositing the document(s) with the U.S. Postal Service, with postage fully prepaid,
addressed as indicated below, in the ordinary course of business.
By placing the document(s) in a sealed Federal Express envelope, affixing a pre-paid air
a
bill and delivering it to a Federal Express agent. .
By personal delivery.
a
X | By e-mail transmission to the e-mail address(es) below.
By electronic filing using the CM/ECF System which will send a Notice of Electronic
Filing to the email address(es) listed inthe Electronic Mail Notice List.
By uploading the document(s) to the third-party document management/service company,
NOTE
court-approved for purposes of this litigation.
ATLAW
By electronic submission to the Labor and Workforce Development Agency.
VAN
ATTORNEYS
COLE &
on the following person(s):
Diana M. Estrada, Esq.
Jennifer Brody, Esq.
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
555 S: Flower Street, Suite 2900
Los Angeles, CA 90071-2407
Email: Diana.Estrada@wilsonelser.com
Email: Jennifer.brody@wilsonelser.com
I declare under penalty of perjury under the laws of the United States and the State of California
the foregoing istrue and correct. Executed in Oakland, Califormia on August 25, 2021.
ne
nigge
Sharon-
Preview
To:+15102671546 Page:3 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole FILED BY FAX ALAMEDA COUNTY . August 25, 2021 1 Scott Edward Cole, Esq. (S.B. #160744) Laura Grace Van Note, Esq. (S.B. #310160) THE sGpee Ss couRT 2 COLE & VAN NOTE e By Milagros Cortez,Deputy 555 12 Street, Suite 1725 3. | Oakland, California 94607 CASE NUMBER: Telephone: (510) 891-9800 RG19017399 4 | Facsimile: (510) 891-7030 Email: sec@colevannote.com 5 Email: lvn@colevannote.com Web: www.colevannote.com 6 Attorneys for Representative Plaintiff(s), ef al. 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 , IN AND FOR THE COUNTY OF ALAMEDA 10 lL MARK TIRMAN, individually, and on Case No. RG19017399 12 | behalf of allothers similarly situated, ASSIGNED FOR ALL PURPOSES TO JUDGE & 13 Plaintiff, BRAD SELIGMAN DEPT. 23 we VS. a: 14 PLAINTIFE’S COMPLEX CASE S PPH FRANCHISE HOLDINGS, LLC, MANAGEME NT CONFEREN CE we 15 | PASSPORT HEALTH HOLDINGS, LLC; | STATEMENT RE and DOES 1 through 100, inclusive, 9 16 Date: August 31, 2021 Defendants. Time: 3:00 p.m. 17 Dept; 23 18 Action Filed: May 2, 2019 19 20 Plaintiff Mark Tirman (“Plaintiff’) by and through his counsel, hereby submits the 21 | following Complex Case Management Conference Statement. 22 23 FACTUAL BACKGROUND 24 Plaintiff and the putative class members are non-exempt nurses employed within 25 || California. Plaintiff alleges Defendant had a consistent policy whereby itfailed to provide legally 26 | compliant meal and restperiods, failed toprovide accurate wage statements, failed Lo pay allwages 27 || due on termination, and engaged in unfair business practices in violation of the Unfair Competition =]. Plaintiff's Complex Case Management Conference Statement To:+15102671546 Page:4 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole 1 || Act.The basis forthese claims isthat Defendant scheduled patient appointments without allocating 2 || time for class members to take breaks. 3 4 PARTIES 5 Plaintiff: Plaintiff Mark Tirman was employed by Defendant as a non-exempt nurse 6 || during the class period. Counsel for Plaintiff: Scott Edward Cole, Esq. (S.B. # 160744) 8 Laura Van Note, Esq. (S.B. # 310160) 9 COLE & VAN NOTE 555 12th Street,Suite 1725 10 Oakland, CA 94607 1 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 12 Email: sec@colevannote.com Email: lvn@colevannote.com aa ea a 14 a 15 Defendant: Defendants PPH Franchise Holdings, LLC and Passport Health Holdings, oa 8 By 5 LLC are represented by: 2 8 16 o 7 Counsel for Defendants: 18 Diana M. Estrada, Esq. (S.B, #212702) WILSON, ELSER, MOSKOWITZ, 19 EDELMAN & DICKER LLP 555 South Flower Street, Suite 2900 20 Los Angeles, California 90071 Telephone: (213) 443-5100 21 Facsimile: (213) 443-5101 Email: diana.Estrada@wilsonelser.com 22 23 DEADLINES 24 Plaintiff requests the Court set this matter for Trial on the firstavailable date. 25 26 27 28 a Plaintiff's Cormplex Case Management Conference Staternent To: +15102671546 Page:5 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole 1 CLASS DISCOVERY and CLASS CERTIFICATION 2 Plaintiff propounded an initialset of written discovery requests on June 18, 2019, related 3 |{toboth individual and class issues. Plaintiff served additional requests for production, which 4 || Defendant responded to (asserting various objections and not producing any further documents) 5 |jfon November 3, 2020. On November 11, 2020, the parties held a telephonic meet and confer 6 j regarding the objections. In that conversation, Defendant’s counsel agreed to provide a proposal 7 {fora production which would address the privacy concerns related to necessary redactions of the 8 |employee schedules. The parties continue to meet and confer on this issue and will seck court 9 jintervention if itbecomes necessary. Plaintiff filed his Motion for Class Certification on March 10 11,2021 and itwas denied by this Court on May 11, 2021. The case now involves only Plaintiff's 11 jlindividualwage claims and aPAGA claim. DISCOVERY PLAN and PROPOSED LITIGATION SCHEDULE NOTE AT LAW Depositions are ongoing. The parties are meeting and conferring regarding the production VAN AT(FTORNEYS of schedules of the class members, which Defendant asserts contain patient medical information COLE & which must be redacted before production. 17 18 EVIDENTIARY ISSUES 19 The parties do not identify any evidentiary issues at this time. 20 21 PROCEDURAL POSTURE 22 Plaintiff filed his Complaint on May 2, 2019, Plaintiff also sent a PAGA notice/letter to 23 ithe LWDA on May 14, 2019. Following expiration of the statutory period for the LWDA to 24 |respond to the notice, the First Amended Complaint adding a cause of action under PAGA was 25 | filed on August 9, 2019. 3. Plaintiff's Complex Case Management Conference Statement To:+15102671546 Page:6 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole 1 SUGGESTIONS FOR STREAMLINING THIS LITIGATION 2 Plaintiff suggests the Court setthis matter for a bifurcated trial:The first phase of the trial 3. ‘j] would be solely to determine whether Plaintiff isan aggrieved employee with standing to obtain 4 ||penaltiesfor the other aggrieves employees. Assuming the Court finds Plaintiff is an aggrieved 5 |/employee, the second phase would address the penalties to be assessed for Defendant’s violations 6.. lasto allaggrieved employees, Plaintiff has discussed this proposal with Defendant’s counsel, who 7... -has.not yet.taken.a position, on it. 8 g | Dated: August 25, 2021 COLE & VAN NOTE 10 _ 4 u eg pon 11 By: a as , ; Laura Van Note, Esq. 2 Attomeys for Representative Plaintifi(s), ef al. ial 2 Zz, ae cs 2 o 17 18 19 20 21 22 23 24 25 26 27 28 4a Plaintiff's Complex. Case Manayement Conference Statement To:+15102671546 Page:7 of7 2021-08-2520:05:54GMT 1-510-891-7030 From:ScottCole PROOF OF SERVICE Tam over 18 years of age, not a party to the above-captioned action, and am employed by the law firm of Cole & Van Note, 55512 St.,Suite 1725, Oakland, California 94607. On this date, I served a copy of: a PLAINTIFE’S COMPLEX CASE MANAGEMENT CONFERENCE STATEMENT By depositing the document(s) with the U.S. Postal Service, with postage fully prepaid, addressed as indicated below, in the ordinary course of business. By placing the document(s) in a sealed Federal Express envelope, affixing a pre-paid air a bill and delivering it to a Federal Express agent. . By personal delivery. a X | By e-mail transmission to the e-mail address(es) below. By electronic filing using the CM/ECF System which will send a Notice of Electronic Filing to the email address(es) listed inthe Electronic Mail Notice List. By uploading the document(s) to the third-party document management/service company, NOTE court-approved for purposes of this litigation. ATLAW By electronic submission to the Labor and Workforce Development Agency. VAN ATTORNEYS COLE & on the following person(s): Diana M. Estrada, Esq. Jennifer Brody, Esq. WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 555 S: Flower Street, Suite 2900 Los Angeles, CA 90071-2407 Email: Diana.Estrada@wilsonelser.com Email: Jennifer.brody@wilsonelser.com I declare under penalty of perjury under the laws of the United States and the State of California the foregoing istrue and correct. Executed in Oakland, Califormia on August 25, 2021. ne nigge Sharon-