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FILED
SAN MATEO COUNTY
OCT 05 2020
xy 3 Wx iF Court
SUPERIOR CouRT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
COMPLEX CIVIL LITIGATION
ALIDA MAZARIEGOS; PAULA Case No. 20CIV04267
GONZALEZ; and JAIME AMAYA, CLASS and REPRESENTATIVE
on behalf of themselves and all others ACTION
similarly situated,
Assigned for All Purposes to
/ Plaintiffs, Hon. Marie S. Weiner, Dept. 2
vs. CASE MANAGEMENT ORDER #1
VANGUARD CLEANING SYSTEMS,
INC.; et al.,
Defendants.
Pursuant to the Notice of Assignment for All Purposes, Designation as Complex
Case, Setting of:-Case Management Conference, and Complex Fees due filed
October 1, 2020, designating this putative class action case as acomplex action, and
single assigning to the Honorable Marie S. Weiner in Department 2 of this Court,
IT IS HEREBY ORDERED as follows:
1 Electronic Service. Pursuant to Code of Civil Procedure Section
1010.6(c), and California Rules of Court, Rule 2.253(¢) and Rule 2.251(c), all parties and
1
their counsel shall serve all documents electronically, and accept service of documents
electronically from all other parties, in conformity with Code of Civil Procedure Section
1010.6 and the California Rules of Court, except when personal service is required by
statute. Counsel for the parties shall meet and confer, agree upon, and keep updated, an
e-service list for this complex civil action. The parties are reminded that electronic
service of documents may extend time periods for response by two (2) court days,
pursuant to Code of Civil Procedure Section 1010.6(a)(4)(B).
2. Mandatory E-Filing. Pursuant to Code of Civil Procedure Section
1010.6(c), all parties shall file all documents. electronically in this complex civil action,
except those documents identified in Local Rule 2.1.8. Presently, the following
documents must still be filed/lodged in hardcopy paper:
Ex Parte Motions and Oppositions thereto
Stipulation and Proposed Order
Proposed Judgments
Abstract of Judgment
Appeal Documents, including Notice of Appeal
Administrative Records
The document (other than exhibits) must be text searchable. Please visit
www.sanmateocourt.org for further information on e-filing. Please note that exhibits to
any electronically filed briefs, declarations or other documents must be electronically
“bookmarked” as required by CRC Rule 3.1110(6)(4).
3 Courtesy Copies for Department 2. A courtesy copy of all pleadings,
motions, applications, briefs, and any and all other papers filed in this case shall be (1)
electronically served upon Department 2 at email address
complexcivil@sanmateocourt.org or (2) stamped “Judge’s Copy” and delivered by
overnight or first class mail directly to Department 2 located at Courtroom 2E, 400
County Center, Redwood City, California 94063. DO NOT LEAVE THE JUDGE’S
COPY WITH THE CLERK’S OFFICE. PLEASE ADD DEPARTMENT 2 TO YOUR
E-SERVICE SERVICE LIST IN THE CASE AS TO ANY AND ALL PAPERS FILED
WITH THE COURT. All motions and briefs shall conform with the California Rules of
Court, especially Rule 3.1113, and indicate on the caption page that this matter is
assigned for all purposes to Department 2. Do not fax copiesor correspondence to
Department 2, as there is no dedicated fax line for the Complex Civil Department.
4 Obtain Hearing Date Pre-filing. As to any and all motions or other
matters requiring a hearing, the hearing date shall be obtained directly from and approved
by Department 2 at (650) 261-5102 (and not with the Civil Clerk’s Office nor the Law &
Motion Department) prior to filing of the moving papers or other initial filings.
5 " Proposed Orders. Proposed Orders should be e-filed with the motion or
stipulation to which it relates in conformity with CRC Rule 3.1312(c). You must also
email an editable version of the Proposed Order in Word format (not PDF) to
omplexcivil@sanmateocourt.org so that the judge can modify it prior to signing, if
needed.
6. Electronic Correspondence to Department 2. Correspondence to
Department 2, such as discovery letter briefs, requests to take matters off calendar, and
requests for rescheduling, regarding actions assigned to the Complex.Civil Department
shall be submitted electronically, rather than paper, by e-mail addressed to
complexcivil@sanmateocourt.org All e-correspondence must be sent in at least 12
point type. ‘This email address is for the Complex Civil Litigation Department to receive
correspondence, and is not a venue for back-and-forth communications with the judge.
Communications to this email address are not part of the official court files — just like a
paper letter, they are not “filed” documents —and will be retained for at least 30 days and
then be subject to deletion (destruction) thereafter.
7
Mandatory Email Header. All communications to the
complexcivil@sanmateocourt.org email address MUST include in the header “subject
line” the Case Number and Name of Case (e.g., CIV 654321 Smith v, Jones).
8 Ex Parte Motions. Presently, due to the Covid 19 Pandemic, no in-
person ex parte appearances are permitted — until further order of the court — and any ex
parte appearances must be pre-schedule with Department 2 and pre-organized by the
moving party for remote appearance by all involved parties and the Court. Ex parte
applications in this matter shall heard by Department 2, on Tuesdays and Thursday at
2:00 p.m., and the parties must meet the requirements of CRC Rule 3.120 et seq.. With
the consent of counsel for all parties, telephone conferences on simple interim case
management matters may be scheduled with the Court for a mutually convenient time
and date — with the scheduling and logistics of such telephone conferences to be the
responsibility of the requesting party/parties.
9. E-Service of Discovery. All discovery methods (C.C.P. § 2019.010),
including but not limited to notice of deposition, special interrogatories, form
interrogatories, requests for production of documents, and requests for admissions, shall
be served electronically upon counsel for the parties. All discovery responses by a party
in response to a discovery method by another party shall be served electronically upon
counsel for the parties. Production of documents shall be provided in electronic form,
unless the parties agree ‘otherwise in writing. If not previously established, counsel for
the parties shall meet and confer regarding possible establishment of a joint electronic
document depository for the uploading and downloading of electronic document
productions.
10. Informal Discovery Conferences.
a. Pursuant to Code of Civil Procedure Section 2016.080, and the
authority of a complex civil judge under CRC Rule 3.750, no party may move to compel
discovery, or file any other discovery motion, until the parties have had an Informal
Discovery Conference. Counsel must have exhausted all meet and confer obligations
before the Informal Discovery Conference. To request an Informal Discovery
Conference, counsel should contact the Court by email at
ComplexCivil@sanmateocourt.org, which email must be contemporaneously copied to -
counsel for all parties to the action and any self-represented parties. Pursuant to Code of
Civil Procedure Section 2016.080(c)(2), the time for bringing any motion to compel is
tolled starting on the date a party makes the email request for an Informal Discovery
Conference to the Court. All requests for Informal Discovery Conference must be made
well prior to the expiration of the statutory time to bring a motion to compel or other
discovery motion.
b. Within five (5) calendar days of the initial email request to the
Court for an Informal Discovery Request, the disputing parties shall, jointly or separately,
email correspondence to the Court at ComplexCivil@sanmateocourt.org, and
contemporaneously to all parties, an electronic letter of no more than five (5) pages,
without attachments, summarizing the discovery dispute(s).
Cc. The parties involved in the discovery dispute shall not file any
“meet and confer” declarations pursuant to Code of Civil Procedure Sections 2016.040 or
2016.080(b) prior to the Informal Discovery Conference. The dispute will be addressed
by the e-correspondence method/procedure set forth above.
d The procedures outlined above apply to parties. With regard to
discovery disputes with non-parties, the non-parties may elect to participate in this
procedure, but are not required to do so.
11. . No Discovery Motion Separate Statement. As to any discovery
motions, the parties are relieved of the statutory obligation under CRC Rule 3.1345, and
thus need not (should not) file a separate statement — instead the subject discovery
requests (or deposition questions) and written responses (or deposition answers or
objections) must be attached to the supporting declaration on the discovery motion.
12. Limit to 35. Given the nature of this complex civil action, the Court
views document production and depositions as the most effective means of discovery for
adjudication. Accordingly, no party may Propound more than 35 special interrogatories
total and no party may propound more than 35 requests for admissions (other than as to
the authenticity of documents) total, without prior court order after demonstration of need
and a showing that other means of discovery would:be less efficient.
13. No Appendix of Non-California Authorities. Pursuant to CRC Rule
3.1113(@), the Complex Civil Department, Dept. 2, does not require any appendix of non-
California authorities, unless specifically stated by the Court as to a particular motion.
14. Case Management Conference. The initial Case Management
Conference set for January 25, 2021 is VACATED. The initial Case Management
Conference is:set for Tuesday, December 15, 2026 at 3:00 p.m. in Department 2 of this
Court, located at Courtroom 2E, 400 County Center, Redwood City, California. Counsel
for all parties shall meet and confer on all matters set forth in California Rules of Court
Rule 3.750 and Rule 3.724(8). All appearances shall be remote only, using CourtCall.
15. In anticipation of the Case Management Conference, counsel for the
parties should be prepared to discuss at the hearing and file written case management
conference statements (in prose and details, not using the standardized. Judicial
Council form) with a courtesy copy delivered directly to Department 2 on or before
December 8, 2020, as to the following:
a. Status of Pleadings and Service of Process:
\
b. Status of Discovery, including the initial production of documents by all
parties;
Status of Settlement or Mediation;
Conclusions reached after meet and confer. on all matters set forth in CRC
Rule 3.750 and Rule 3.7240)
Any anticipated motions and proposed briefing schedule;
Setting of next.CMC date; and
8. Any other matters for which the partés seek Court ruling or scheduling,
16. Discovery is not stayed.
17. PLAINTIFF SHALL PROMPTLY SERVE THIS CMC ORDER #1
UPON ALL DEFENDANTS OR UPON KNOWN COUNSEL FOR DEFENDANTS,
and promptly file proof of service.
DATED: October 5, 2020
HON. MARIE S. WEINER
JUDGE OF THE SUPERIOR COURT
SERVICE LIST
Mazariegos v. Vanguard Cleaning, Class/PAGA Action No. 20CIV04267
As of October 2020
Attomeys for Plaintiffs:
JESSICA RIGGIN
VALERIA BRENDER
RUKIN HYLAND & RIGGIN LLP
1939 Harrison Street, Suite 290
Oakland, CA 94612
(415) 421-1800
jriggin@rukinhyland.com
vbrender@rukinhyland.com
MATTHEW HELLAND
DANIEL BROME
NICHOLAS KASTER LLP
235 Montgomery Street, Suite 810
San Francisco, CA 94104
(415) 277-7235
helland a.com .
dbrome! a.com
Preview
FILED SAN MATEO COUNTY OCT 05 2020 xy 3 Wx iF Court SUPERIOR CouRT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO COMPLEX CIVIL LITIGATION ALIDA MAZARIEGOS; PAULA Case No. 20CIV04267 GONZALEZ; and JAIME AMAYA, CLASS and REPRESENTATIVE on behalf of themselves and all others ACTION similarly situated, Assigned for All Purposes to / Plaintiffs, Hon. Marie S. Weiner, Dept. 2 vs. CASE MANAGEMENT ORDER #1 VANGUARD CLEANING SYSTEMS, INC.; et al., Defendants. Pursuant to the Notice of Assignment for All Purposes, Designation as Complex Case, Setting of:-Case Management Conference, and Complex Fees due filed October 1, 2020, designating this putative class action case as acomplex action, and single assigning to the Honorable Marie S. Weiner in Department 2 of this Court, IT IS HEREBY ORDERED as follows: 1 Electronic Service. Pursuant to Code of Civil Procedure Section 1010.6(c), and California Rules of Court, Rule 2.253(¢) and Rule 2.251(c), all parties and 1 their counsel shall serve all documents electronically, and accept service of documents electronically from all other parties, in conformity with Code of Civil Procedure Section 1010.6 and the California Rules of Court, except when personal service is required by statute. Counsel for the parties shall meet and confer, agree upon, and keep updated, an e-service list for this complex civil action. The parties are reminded that electronic service of documents may extend time periods for response by two (2) court days, pursuant to Code of Civil Procedure Section 1010.6(a)(4)(B). 2. Mandatory E-Filing. Pursuant to Code of Civil Procedure Section 1010.6(c), all parties shall file all documents. electronically in this complex civil action, except those documents identified in Local Rule 2.1.8. Presently, the following documents must still be filed/lodged in hardcopy paper: Ex Parte Motions and Oppositions thereto Stipulation and Proposed Order Proposed Judgments Abstract of Judgment Appeal Documents, including Notice of Appeal Administrative Records The document (other than exhibits) must be text searchable. Please visit www.sanmateocourt.org for further information on e-filing. Please note that exhibits to any electronically filed briefs, declarations or other documents must be electronically “bookmarked” as required by CRC Rule 3.1110(6)(4). 3 Courtesy Copies for Department 2. A courtesy copy of all pleadings, motions, applications, briefs, and any and all other papers filed in this case shall be (1) electronically served upon Department 2 at email address complexcivil@sanmateocourt.org or (2) stamped “Judge’s Copy” and delivered by overnight or first class mail directly to Department 2 located at Courtroom 2E, 400 County Center, Redwood City, California 94063. DO NOT LEAVE THE JUDGE’S COPY WITH THE CLERK’S OFFICE. PLEASE ADD DEPARTMENT 2 TO YOUR E-SERVICE SERVICE LIST IN THE CASE AS TO ANY AND ALL PAPERS FILED WITH THE COURT. All motions and briefs shall conform with the California Rules of Court, especially Rule 3.1113, and indicate on the caption page that this matter is assigned for all purposes to Department 2. Do not fax copiesor correspondence to Department 2, as there is no dedicated fax line for the Complex Civil Department. 4 Obtain Hearing Date Pre-filing. As to any and all motions or other matters requiring a hearing, the hearing date shall be obtained directly from and approved by Department 2 at (650) 261-5102 (and not with the Civil Clerk’s Office nor the Law & Motion Department) prior to filing of the moving papers or other initial filings. 5 " Proposed Orders. Proposed Orders should be e-filed with the motion or stipulation to which it relates in conformity with CRC Rule 3.1312(c). You must also email an editable version of the Proposed Order in Word format (not PDF) to omplexcivil@sanmateocourt.org so that the judge can modify it prior to signing, if needed. 6. Electronic Correspondence to Department 2. Correspondence to Department 2, such as discovery letter briefs, requests to take matters off calendar, and requests for rescheduling, regarding actions assigned to the Complex.Civil Department shall be submitted electronically, rather than paper, by e-mail addressed to complexcivil@sanmateocourt.org All e-correspondence must be sent in at least 12 point type. ‘This email address is for the Complex Civil Litigation Department to receive correspondence, and is not a venue for back-and-forth communications with the judge. Communications to this email address are not part of the official court files — just like a paper letter, they are not “filed” documents —and will be retained for at least 30 days and then be subject to deletion (destruction) thereafter. 7 Mandatory Email Header. All communications to the complexcivil@sanmateocourt.org email address MUST include in the header “subject line” the Case Number and Name of Case (e.g., CIV 654321 Smith v, Jones). 8 Ex Parte Motions. Presently, due to the Covid 19 Pandemic, no in- person ex parte appearances are permitted — until further order of the court — and any ex parte appearances must be pre-schedule with Department 2 and pre-organized by the moving party for remote appearance by all involved parties and the Court. Ex parte applications in this matter shall heard by Department 2, on Tuesdays and Thursday at 2:00 p.m., and the parties must meet the requirements of CRC Rule 3.120 et seq.. With the consent of counsel for all parties, telephone conferences on simple interim case management matters may be scheduled with the Court for a mutually convenient time and date — with the scheduling and logistics of such telephone conferences to be the responsibility of the requesting party/parties. 9. E-Service of Discovery. All discovery methods (C.C.P. § 2019.010), including but not limited to notice of deposition, special interrogatories, form interrogatories, requests for production of documents, and requests for admissions, shall be served electronically upon counsel for the parties. All discovery responses by a party in response to a discovery method by another party shall be served electronically upon counsel for the parties. Production of documents shall be provided in electronic form, unless the parties agree ‘otherwise in writing. If not previously established, counsel for the parties shall meet and confer regarding possible establishment of a joint electronic document depository for the uploading and downloading of electronic document productions. 10. Informal Discovery Conferences. a. Pursuant to Code of Civil Procedure Section 2016.080, and the authority of a complex civil judge under CRC Rule 3.750, no party may move to compel discovery, or file any other discovery motion, until the parties have had an Informal Discovery Conference. Counsel must have exhausted all meet and confer obligations before the Informal Discovery Conference. To request an Informal Discovery Conference, counsel should contact the Court by email at ComplexCivil@sanmateocourt.org, which email must be contemporaneously copied to - counsel for all parties to the action and any self-represented parties. Pursuant to Code of Civil Procedure Section 2016.080(c)(2), the time for bringing any motion to compel is tolled starting on the date a party makes the email request for an Informal Discovery Conference to the Court. All requests for Informal Discovery Conference must be made well prior to the expiration of the statutory time to bring a motion to compel or other discovery motion. b. Within five (5) calendar days of the initial email request to the Court for an Informal Discovery Request, the disputing parties shall, jointly or separately, email correspondence to the Court at ComplexCivil@sanmateocourt.org, and contemporaneously to all parties, an electronic letter of no more than five (5) pages, without attachments, summarizing the discovery dispute(s). Cc. The parties involved in the discovery dispute shall not file any “meet and confer” declarations pursuant to Code of Civil Procedure Sections 2016.040 or 2016.080(b) prior to the Informal Discovery Conference. The dispute will be addressed by the e-correspondence method/procedure set forth above. d The procedures outlined above apply to parties. With regard to discovery disputes with non-parties, the non-parties may elect to participate in this procedure, but are not required to do so. 11. . No Discovery Motion Separate Statement. As to any discovery motions, the parties are relieved of the statutory obligation under CRC Rule 3.1345, and thus need not (should not) file a separate statement — instead the subject discovery requests (or deposition questions) and written responses (or deposition answers or objections) must be attached to the supporting declaration on the discovery motion. 12. Limit to 35. Given the nature of this complex civil action, the Court views document production and depositions as the most effective means of discovery for adjudication. Accordingly, no party may Propound more than 35 special interrogatories total and no party may propound more than 35 requests for admissions (other than as to the authenticity of documents) total, without prior court order after demonstration of need and a showing that other means of discovery would:be less efficient. 13. No Appendix of Non-California Authorities. Pursuant to CRC Rule 3.1113(@), the Complex Civil Department, Dept. 2, does not require any appendix of non- California authorities, unless specifically stated by the Court as to a particular motion. 14. Case Management Conference. The initial Case Management Conference set for January 25, 2021 is VACATED. The initial Case Management Conference is:set for Tuesday, December 15, 2026 at 3:00 p.m. in Department 2 of this Court, located at Courtroom 2E, 400 County Center, Redwood City, California. Counsel for all parties shall meet and confer on all matters set forth in California Rules of Court Rule 3.750 and Rule 3.724(8). All appearances shall be remote only, using CourtCall. 15. In anticipation of the Case Management Conference, counsel for the parties should be prepared to discuss at the hearing and file written case management conference statements (in prose and details, not using the standardized. Judicial Council form) with a courtesy copy delivered directly to Department 2 on or before December 8, 2020, as to the following: a. Status of Pleadings and Service of Process: \ b. Status of Discovery, including the initial production of documents by all parties; Status of Settlement or Mediation; Conclusions reached after meet and confer. on all matters set forth in CRC Rule 3.750 and Rule 3.7240) Any anticipated motions and proposed briefing schedule; Setting of next.CMC date; and 8. Any other matters for which the partés seek Court ruling or scheduling, 16. Discovery is not stayed. 17. PLAINTIFF SHALL PROMPTLY SERVE THIS CMC ORDER #1 UPON ALL DEFENDANTS OR UPON KNOWN COUNSEL FOR DEFENDANTS, and promptly file proof of service. DATED: October 5, 2020 HON. MARIE S. WEINER JUDGE OF THE SUPERIOR COURT SERVICE LIST Mazariegos v. Vanguard Cleaning, Class/PAGA Action No. 20CIV04267 As of October 2020 Attomeys for Plaintiffs: JESSICA RIGGIN VALERIA BRENDER RUKIN HYLAND & RIGGIN LLP 1939 Harrison Street, Suite 290 Oakland, CA 94612 (415) 421-1800 jriggin@rukinhyland.com vbrender@rukinhyland.com MATTHEW HELLAND DANIEL BROME NICHOLAS KASTER LLP 235 Montgomery Street, Suite 810 San Francisco, CA 94104 (415) 277-7235 helland a.com . dbrome! a.com