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  • Sammy Landin, an individual, on behalf of himself, and on behalf of all persons similarly situated vs 1st Light Energy Inc., a Corporation Unlimited Civil Other Employment document preview
  • Sammy Landin, an individual, on behalf of himself, and on behalf of all persons similarly situated vs 1st Light Energy Inc., a Corporation Unlimited Civil Other Employment document preview
  • Sammy Landin, an individual, on behalf of himself, and on behalf of all persons similarly situated vs 1st Light Energy Inc., a Corporation Unlimited Civil Other Employment document preview
  • Sammy Landin, an individual, on behalf of himself, and on behalf of all persons similarly situated vs 1st Light Energy Inc., a Corporation Unlimited Civil Other Employment document preview
  • Sammy Landin, an individual, on behalf of himself, and on behalf of all persons similarly situated vs 1st Light Energy Inc., a Corporation Unlimited Civil Other Employment document preview
  • Sammy Landin, an individual, on behalf of himself, and on behalf of all persons similarly situated vs 1st Light Energy Inc., a Corporation Unlimited Civil Other Employment document preview
  • Sammy Landin, an individual, on behalf of himself, and on behalf of all persons similarly situated vs 1st Light Energy Inc., a Corporation Unlimited Civil Other Employment document preview
  • Sammy Landin, an individual, on behalf of himself, and on behalf of all persons similarly situated vs 1st Light Energy Inc., a Corporation Unlimited Civil Other Employment document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, ‘State Bar number, and address}: Op OREO Piya Mukherjee (SBN 274217) ; Charlotte E. James (SBN308441) 2024 SEP 2 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 9 AN Io: 26 * (2255 Calle Clara, La Jolla, California 92037 aR AtB one TeLepHone No: 858-551-1223 FAX NO. (Optionag: 858-551-1232 E-MAIL ADORESS (Optenap: piya@bamlawca.com; charlotte@bamlawca.com B Y. ATTORNEY FOR (Nene): Plaintiff Sammy Landin ‘SUPERIOR. COURT OF CALIFORNIA, COUNTY OF San Joaquin ‘streeT appress: 180 E. Weber Ave. mana appress: 180 E, Weber Ave. cry ano ZP cope: Stockton 85202 BRANCHNAME: Stockton Courthouse PLAINTIFF/PETITIONER: Sammy Landin DEFENDANTIRESPONDENT: 1st Light Energy Inc. CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): UNLIMITED CASE [5 uimivep case STK-CV-UOE-2020-9700 {Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) ACASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 13, 2021 Time: 8:30 a.m. Dept: 11B Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Charlotte E. James INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. LZ] This statement is submitted by party (nama): Plaintiff Sammy Landin b. [1] This statement Is submitted Jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): November 19, 2020 b. [7] Thecross-complaint, if any, was filed on (date): 3. Service (fo be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed, b. [1] The following parties named in the complaint or cross-complaint (1) [= have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 have had a default entered against them (specify names): c [J The following additional parties may be added (specify names, nature of Involvement in case, and date by which they may be served): 4. Description of case : a. Type of case in complaint [—] cross-comptaint (Describe, including causes of action): ; Wage & hour CLASS ACTION for violation of GLC: 1) UCL; 2) 1194, 1197, 1197.1; 3) 510; 4) 226.7 & 512 : (meal); 5) 226.7 & 512 (rest); 6) 226; 7) 201,202 & 203; 8) 2802; 9) wrongful term; 10) PAGA. i Pago 1of 5 i Form oped fr Manca se CASE MANAGEMENT STATEMENT Ga Rls of Cau, : (Ci-110 [Rev, July 1, 2011] www.courts.ca.gov tCM-110 PLAINTIFF/PETITIONER: Sammy Landin oor OV UOE 9020-9700 DEFENDANT/RESPONDENT: ‘st Light Energy Inc. - - 1 4. b, Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and damages claimed, including medical expenses fo date jindicate source and amount), estimated future medical expenses, lost earings to date, and estimated future lost earnings. if equitable relief is sought, describe the natura of the relief.) Plaintiff brings this wage and hour CLASS ACTION on behalf of all non-exempt! employees of Defendant, alleging that Defendant failed to: properly compensate all overtime hours worked because Defendant failed to properly calculate their regular rate of pay; provide meal and rest breaks; reimburse for all business expenses; and provide accurate wage statements. Plaintiff also alleges Defendant wrongfully terminated his employment. [5 (ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5, Jury or nonjury triat ‘The party or parties request requesting a jury trial): ajury trial [] anonjury trial. (if more than one party, provide the name of each party 6, Trial date a. [_] The trial has been set for (date): b, [71 No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): As a putative CLASS ACTION, class certification must occur prior to trial. ¢, Dates on which parties or attorneys will not be available for trial (specify datos and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [2] days (specify number): 2-5 days depending upon whether a class is certified. b. [1 hours (short causes) (specify): 8, Trial representation (to be answered for each party) The party or parties will be represented at trial [7] by the attorney or party listed in the caption [__] by the following: a. Attorney: Firm: Address: Telephone number. {Fax number: ._ E-mail address: g. Party represented: [1 Additional representation is described in Attachment 8. 9. Preference [1 This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR Information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [24 has (7 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. gaos (2) For self-represented parties: Party [1 has [_] hasnot reviewed the ADR information package identified in rule 3.221, b. Referral to judicial arbitration or civil action mediation (if available). (1) [£1 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) (] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civit Procedure section 1141.11. (3) [=] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action ‘ mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CHET Roe. 1.200 CASE MANAGEMENT STATEMENT PageaetsCM-110 | PLAINTIFF/PETITIONER: Sammy Landin DEFENDANT/RESPONDENT: (st Light Energy Inc. [CASE NUMBER: STK-CV-UOE-2020-9700 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check ail that apply): If the party or parties completing this form in the case have agreed to Participate in or have already completed an ADR process or processes, indicate the status of the processes (aftach a copy of the parties' ADR Stipulation): (1) Mediation m4 Oo Mediation session not yet scheduled Mediation session scheduled for (data): September 29, 2021 Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement CF conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evatuation Oo Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding Judicial fH arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (8) Binding private Cl arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): CA mw oO Co Cl CI Oo OC Co oo oO oO CI Oo Co oo Co Cl Oo oO Co cl Co co ADR session not yet scheduled ADR session scheduled for (date). Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev, July 4, 2014] CASE MANAGEMENT STATEMENT PageaorsCM-110 PLAINTIFF/PETITIONER: Sammy Landin (CASE NUMBER: STK-CV-UOE-2020-9700 DEFENDANT/RESPONDENT: 1st Light Energy Inc. | 411. Insurance a. [J insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [I] Yes [_] No « Coverage issues will significantly affect resolution of this case (explain): 12, Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [1] Bankruptcy [J Other (specify): Status: 43. Related cases, consolidation, and coordination a. {__] There are companion, underlying, or related cases, (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [1 Additional cases are described in Attachment 13a. b, C)Amotionte [7] consolidate [J coordinate _will be filed by (name party): 14, Bifurcation [75 The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15, Other motions [=] ‘he party or parties expect to file the following motions before trial (specify moving party, type of mofion, and issues): 16. Discovery a. LJ The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe ail anticipated discovery): Party Description Date Plaintiff Written Discovery TBD Plaintiff Depositions of Defendants TBD Plaintiff Electronic time and wage records of CMs TBD Plaintiff Identification and contact information of CMs TBD Plaintiff Defendants polices and procedures TBD c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify); het Ren yf 204 CASE MANAGEMENT STATEMENT Pago 40t8CM-110 PLAINTIFFIPETITIONER: Sammy Landin CASE NUMBER: Or i STK-CV-UOE-2020-9700 DEFENDANT/RESPONDENT: _ 1st Light Energy Inc. \ 17. Economic litigation a, L__] This tsa limited civil case (ie., the amount demanded is $25,000 or less) and the economic litigation procedures i in Code of Civil Procedure sections 90-98 will apply to this case. b. [] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating ta discovery or trial should not apply to this case): 18. Other Issues {J The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confor a, [2] The party or parties have met and conferred with all parties ‘on all subjects required by rule 3,724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20, Total number of pages attached (if any): lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other Issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: September 27, 2021 t Charlotte E. James » ORerbickt nore (TYPE OR PRINT NAME} (SIGNATURE OF PARTY Qf hrroRNEY) | TYPE OR PRINT NAME) (GIGNATURE OF PARTY OR ATTORNEY) (] Additional signatures are attached. CHLH90 ev, ay 4, 2048 CASE MANAGEMENT STATEMENT Pago Gofecm IAN wh PB we YN Moe we ew we ew ee we eB SC GC wm RW AH BF BY SE Ss 21 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 2255 Calle Clara, La Jolla, CA 92037 T: (858)551-1223; F: (858) 551-1232 PROOF OF SERVICE Landin v. I" Light Energy, Inc. San Joaquin County Superior Court Case No. STK-CV-UOE-2020-9700 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO I, Karla Horne, am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La Jolla, California 92037. On September 28, 2021, I served the document(s) described as: PLAINTIFF’S CASE MANAGEMENT STATEMENT (BY MAIL): I caused cach such envelope, with postage thereon fully prepaid, to be placed in the United States mail at San Diego, California. I am readily familiar with this firm}s business practice for collection and processing of correspondence for mailing with the U.S. Postal Service pursuant to which practice the correspondence will be deposited with the U.S. Postal Service this same day in the ordinary course of business (C.C.P. Section 10139a); 2015.5); X_ (BLECTRONIC/E-MALL): By e-mailing the document(s) to the persons at the confirmed e- mail address(es) below by virtue of CCP §1010.6. Joel M. Van Parys, Esq. Attorney for Defendant CDF Labor Law LLP Email: jvanparys@cdflaborlaw.com 900 University Avenue, Suite 200 T: 916-361-0991 Sacramento, CA 95825 (FEDERAL EXPRESS): | caused the above-described document to be delivered via overnight delivery (Federal Express), by placing a copy in a separate FEDERAL EXPRESS mailer and attaching a completed Federal Express air bill, with Standard Overnight delivery/Priority Delivery requested, and caused said mailer to deposited in the Federal Express collection box at San Diego, California, I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 28, 2021, at San Diego, California. We Karla Hore PROOF OF SERVICE