Preview
@ wiinMunnin
Scott Edward Cole, Esq. (S.B. #160744)
—
Andrew Daniel Weaver, Esq. (S.B. #318935)
FILED
SCOTT COLE & ASSOCIATES, APC
LO
555 12" Street, Suite 1725
Oakland, California 94607 ALAMEDA COUNTY
WD
Telephone: 0) 891-9800
Facsimile: (510) 891-7030
FP
Email: scole@scalaw.com JUL 11 2019.
Email: aweaver@scalaw.com
On
Web: www.scalaw.com cue su pRogeo T
By. = » Drees
HD
‘Attorneys for Representative Plaintiff, Deputy
the Plaintiff Class and Aggrieved Employees
st
Diana Estrada (State Bar No. 212702)
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Email: Diana.Estrada@wilsonelser.com
Daniel Lee (State Bar No. 217002)
oOo
Email: Daniel.Lee@wilsonelser.com
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
555 South Flower Street, Suite 2900
Los Angeles, CA 90071
Telephone: (213) 443-5100
SCOTT COLE & ASSOCIATES, APC
Facsimile: (213) 443-5101
OAKLAND, CALIFORNIA 94607
555 12'h STREET, SUITE 1725
ATTORNEYS AT LAW
Attomeys for Defendants
TEL: (510) 893-9800
PPH FRANCHISE HOLDINGS, LLC,
PASSPORT HEALTH HOLDINGS, LLC
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF ALAMEDA |
MARK TIRMAN, individually, and on Case No. RG19017399
behalf of all others similarly situated,
Assigned for All Purposes To:
Plaintiffs, Judge: Brad Seligman
VS. | Dept: 23
PPH FRANCHISE HOLDINGS, LLC JOINT COMPLEX CASE MANAGEMENT
PASSPORT HEALTH HOLDINGS, LLC CONFERENCE STATEMENT :
and DOES | through 100, inclusive,
Date: July 16, 2019
Defendants. Time: 3:00 p.m.
Dept: 23
Action Filed: May 2, 2019
-|-
Joint Complex Case Management Conference Statement
Defendants PPH FRANCHISE HOLDINGS, LLC and PASSPORT HEALTH
—
HOLDINGS, LLC (“Defendant”) and Plaintiff Mark Tirman (“Plaintiff”), by and through their
LY
respective counsel, hereby submit the following Joint Complex Case Management Conference
WH
FSF
Statement.
nA
FACTUAL BACKGROUND
DH
Plaintiff’s Statement: Plaintiff and the putative class members are non-exempt nurses
Ss
employed in clinics within California. Plaintiff alleges that Defendant had a consistent policy
CO
whereby Defendant failed to provide legally compliant meal and rest periods, failed to provide
oO
accurate wage statements, failed to pay all wages due on termination, and engaged in unfair
business practices in violation of the Unfair Competition Act. The basis for these claims is that
11 Defendant scheduled patient appointments without allocating time for Plaintiff and class members
12 to take breaks. .
SCOTT COLE & ASSOCIATES, APC
13
CALIFORNIA 94607
Defendant’s Statement: Defendants submit a class cannot and should not be certified
555 12» STREET, SUITE 1725
ATTORNEYS AT LAW
TEL: (510) 891-9800
14 due to the many individualized issues that are unique to each alleged class member. A class
15 cannot be certified as such individualized issues predominate over any alleged common question
OAKLAND,
16 of fact and law. Defendants submit that Plaintiff's claim is not typical of each purported class
17 member’s claim, and he cannot adequately represent a purported class. To maintain a class
18 action, plaintiff has the burden to show that-the class action method is superior to other available
19 methods for the fair and efficient adjudication of the controversy, which is not the case here
20 because each putative class member’s claim requires individual analysis. As for Plaintiff's
21 individual claims, they are disputed. Plaintiff was timely permitted uninterrupted 30 minute meal
22 periods as well as lawfully compliant rest breaks throughout his employment. Plaintiff was paid
23 all wages in a timely manner. Plaintiff was provided with his final check in a timely manner. For
24 all such reasons, Plaintiff's claims concerning inaccurate itemized statements fail. The claim is
25 entirely dependent upon the ability of Plaintiff to prove his alleged unpaid wage and/or missed
26 meal/rest break claims which fail for the reasons stated above. Plaintiff's claims concerning
27 unlawful, unfair or fraudulent business practices by the Company under Business & Professions
2 Icode Section Section 17200, et seq. ("UCL") will also fail as the claim is entirely dependent
[oa]
-2-
Joint Complex Case Management Conference Statement
upon the ability of Plaintiff to prove his alleged unpaid wage and/or missed meal/rest break
claims which fail for the reasons stated above.
HP
PARTIES .
WD
Plaintiff's Statement: Plaintiff Mark Tirman was employed by Defendant as a non-
FF
exempt nurse during the class period.
AW
DH
Counsel for Plaintiff, and the Plaintiff Class:
NHN
SCOTT COLE & ASSOCIATES, APC
Scott Edward Cole, Esq., State Bar No. 160744
fo
scole@scalaw.com
Oo
Andrew D. Weaver, Esq., State Bar No. 318935
aweaver@scalaw.com
O&O
555 12th Street, Suite 1725
Oakland, CA 94607
|
Telephone: (510) 891-9800
meee
io)
Facsimile: (510) 891-7030 _
<
NH
WO
BASS Defendant’s Statement: Defendants employed Plaintiff as a non-exempt nurse.
Benet
HF
<5 9
Diana Estrada (State Bar No. 212702)
gaeae
A
eeae Email: Diana.Estrada@wilsonelser.com
Daniel Lee (State Bar No. 217002)
NH
Es
O By
Email: Daniel. Lee@wilsonelser.com t
8 WILSON, ELSER, MOSKOWITZ, |
ANY
rv)
EDELMAN & DICKER LLP
555 South Flower Street, Suite 2900
DW
' Los Angeles, CA 90071
Telephone: (213) 443-5100
BO
Facsimile: (213) 443-5101
DOD
DD
DEADLINES |
K|K§
NO
WD
WH
Plaintiff’s Statement: At this early juncture in the case the Parties are not in a position to
WO
NYO
determine a target date or time estimate for trial in this matter. Plaintiff suggests setting a date and
BH
NK
time estimate for trial after class certification issues are resolved. :
LD
MO
Defendant’s Statement: Defendants submit also that the Parties are not,in a position at
nN
NH
present to determine a target date or time estimate for trial in this matter. Defendants also suggest
SN
RO
setting a date and time estimate for trial after class certification issues are- resolved. ‘Defendants
reserve all rights.
| 3-
Joint Complex Case Management Conference Statement
CLASS DISCOVERY and CLASS CERTIFICATION
Plaintiff?s Statement: Plaintiff propounded an initial set of written discovery requests
and requests for production of documents on June 18, 2019 related to both individual and class
issues, Defendant’s responses are due on July 23, 2019. The parties have agreed to engage in
informal discovery as well.
Defendant’s Statement: Defendants are willing to engage in informal discovery for
purposes of an early mediation while briefly putting formal discovery on hold pending the
mediation.
DISCOVERY PLAN and PROPOSED LITIGATION SCHEDULE
Plaintiff’s Statement: Plaintiff has propounded a first set of written discovery and
anticipates at least one more set of written discovery. Plaintiff also intends to take the depositions
SCOTT COLE & ASSOCIATES, APC
of at least one and likely several more of Defendant’s person’s most knowledgeable. Plaintiff is :
OAKLAND, CALIFORNIA 94607
555 12‘ STREET, SUITE 1725
ATTORNEYS AT LAW
TEL: (§10) 891-9800
not prepared to propose or commit to a discovery plan or litigation schedule but anticipates he will
!
be prepared to do so at the next CMC.
Defendant’s Statement: Defendants will take depositions including the deposition of
Plaintiff and conduct written discovery including request for production of documents. Defendants
also respectfully proposes discussing a discovery plan or litigation schedule at the next CMC.
i
Defendants reserve all rights. .
|
EVIDENTIARY ISSUES |
Plaintiff’s Statement:. Plaintiff does not identify any evidentiary issues at this time.
Defendant’s Statement: It is difficult to determine what such issues are at this time as the
case has recently commenced. Defendants will seek to identify any such issues as discovery
progresses. Defendants reserve all rights.
PROCEDURAL POSTURE |
ve |
Joint Complex Case Management Conference Statement vo
Plaintiff's Statement: Plaintiff filed his Complaint on May’2, 2019, Plaintiff also:sent a
+
PAGA inotice letter t6 the LWDA ori May:14, 2019. Following thé expiration of the: statutory
period for the'LWDA to respond to the notice; Plaintiff plans to arnend his‘ Complaint to-include a
AY
PAGA Cause:of action. Plaintiff will request: that Defendant stipulateto that. amendment.
Defendant’s‘Statemnent: Defendants filed'an Answer to‘the Complaint on or about-June.
AU
5, 2019.
Cea
SUGGESTIONS FOR STREAMLINING
THIS LITIGATION
Plaintiff's. Statement: Plaintiff does. fiot have any: suggestions. for streamlining. this
ligation at this time.
=,
~—
—
- Defendant’s: Statemeitt: Defendants also do not have any. suggestions for’ streamlining
APC
er
' ‘SCOTT COLE & ASSOCIATES,
this'litigation at this:time.,
OAKLAND, CALIFORNIA.94607.
‘emt
$55.12 STREET, SUITE:1725
AT LAW.
TEL: (510) 891-9800.
-ATTORNEYS
&
‘Dated: July ll’, 2019 °° SCOTT COLE & ASSOCIATES, APC
By: -
“ Tada Weaver SG
-Attorneys-for Representative Plaintiff
and the-Plaintiff Class
Dated: July 11,2019 WILSON, ELSER, MOSKOWITZ,,EDELMAN &.
‘DICKER, LLP.
Ney
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as
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‘Diana Estrada
Abo;
Daniel Lee |
A pmeys |for Defendants __
PI “HISE HOLDING _
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PASSPORT HEALTH HOLDINGS, LLC
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Joint Complex Case: Management Confererice Statement’
4
. — a _ _ a POS-015,
| ATTORNEY OR PARTY. WITHOUT ATTORNEY (Name, State
Bar number, aid address): “FORCOURTUSEONLY =
}— Raytiond Meyer, Jr./176235, Kevin F. Barrett 136607
Bremer Whyte Brown & O'Meara, LLP
300 Frank H Ogawa Plaza, Suite 355
| Oakland, CA 94612
| TELEPHONENO: 510~540-4881 FAXNO,(Optonay: 510-540-4889 PNEERSED
" E-MAIL ADDRESS (Optional): kbarrett@bremerwhyte. com FILED
| ATTORNEY FoRiwaney TOP FLIGHT SECURITY 7 ALAMEDA COUNTY
1 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda _ 2019
streeranpress: 1225 Fallon St. JUL 11
MAILING ADDRESS: j
eyanozecope: Oakland, CA 94612. ' CLERK OF THE SUPERIOR COURT
_ BRANCH NAHE a jy
"PLAINTIFFIPETITIONER: Charles Cheeks Pow 06 Dhars
DEFENDANT/RESPONDENT:‘Top Flight Security, et al.
i _. , CASE.NUMBER:
NOTICE AND ACKNOWLEDGMENT OF RECEIPT - civil HG19008867
party being served): Bernard Naidu...
name: of t
TO (inser
NOTICE
| The'surmons and other documents identified below are. being served pursuant to section-415.30 of the: California Codeof Civil
Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you
(or the party on whose-behalf you are being served)to liability
for the payment of any expenses incurred in serving a summons
| on you in-any other manner permitted by law.
If you are being served on behailf-of.a corporation, an uhincdrporated‘association (iricluding a partnership), or other entity, this
forin must be signed by you th the ridme of such entity or by a person authorized to.récéive service of process on behalf of such
entity. In, all:other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt.of
summons. If you retum this form to the sender, service of a summons-is deemed complete on the day you sign the
acknowledgment of receipt below.
Date of mailing: 7/1/19
> “ [SIGNATURE OFoF SENDER MUST NOT BEA PARTY.IN THIS. CASE).
ACKNOWLEDGMENT OF RECEIPT
This acknowledges. receipt of (to be completed 8s sender before. triailing) :
1. ws A copy of the summons and ofthe com paint,
2. (Cc) Other (specify) :
(To be completed by recipient) :
Date.this form is signed: 7/10/19
OR PRINT YOUR NAME AND | FENTIVIFANY, > =" BIGNATURE OF PERSON ACKNOWLED RECERT WITTE F
ON:WHOSE BEHALF ey FORMS: SIGNED) ACKNOWLEDGMENT ASMADE ON BEHALF OF ANOTHER PERSON'OR ENTITY)
; . ; ; _ ; Pagetof1
Farm. Adopted for eS i NOTICE AND: ACKNOWLEDGMENT OF RECEIPT - CIVIL ‘Coda icy
CivilProcedure
udicial Council-of Catiforn!
POS-015:(Rev, January1, 2005 EB’
cae Essential wat covriint, ta.gov.
CoB 2, Forms 1335 .301
PROOF OF SERVICE
I am employed in the County of Alameda, State of California. I am over the age of 18 and
not a party to the within action. My business address is 300 Frank H. Ogawa Plaza, Suite 355,
Oakland, CA 94612.
On July 11, 2019, I served the within document(s) described as:
-NOTICE AND ACKNOWLEDGEMENT OF RECEIPT - CIVIL
DN
on the interested parties in this action as stated on the attached mailing list.
nN
(BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope
wo
addressed as set forth on the attached mailing list. I placed each such envelope for
collection and mailing following ordinary business practices. I am readily familiar with this
Oo
Firm's practice for collection and processing of correspondence for mailing. Under that
10 practice, the correspondence would be deposited with the United States Postal Service on
that same day, with postage thereon fully prepaid at Oakland, California, in the ordinary
1 course of business. I am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day after date of
12 deposit for mailing in affidavit.
13 Executed on July 11, 2019, at Oakland, California.
14 ] declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
15
16 Shekiba Johnson
(Type or print name)
17
18
19
20
21
22
23
24
25
26
27
28
BREMER WHYTE BROWN &
O'MEARA LLP
300 FRANK H. OGAWA PL.
SUITE 355
OAKLAND, CA 94612
(510) 540-4881
1335.301 4852-9898-8692.1
Charles Cheeks v. Top Flight Security, et al.
Case No. HG19008867
BWB&O CLIENT: Top Flight Security
BWB&O FILE NO.: 1335.301
SERVICE LIST
Robert T. Simon PARKER IBRAHIM & BERC, LLP
Greyson M. Goody 695 Town Center Drive
THE SIMON LAW GROUP, LLP 16th Floor
34 Hermosa Ave. Costa Mesa. CA 92626
Hermosa Beach, CA 90254 Tel: (714) 361-9550
Tel.: (310) 914-5400 Fax: (714) 784-4190
Fax: (310) 914-5401 Andy.Hollins@piblaw.com
robert@thesimonlawgroup.com Jang.Kang@piblaw.com
greyson@thesimonlawgroup.com
10 Attorney for Defendant 18’ FRIDAY OF THE
Attorney for PLAINTIFF BAY
11
12 ROPERS MAJESKI KOHN & BENTLEY
Andrew S. Hollins
13 Jang H. Kang
600 Anton Blivd., 11" FI.
14 Costa Mesa, CA 92626
Tel: (949) 507-6700
15
Attorney for Defendant 18’ FRIDAY OF THE
16 BAY, DARYLE WHITE AND BERNARD
NAIDU
17
18
19
20
21
22
23
24
25
26
27
28
BREMER WHYTE BROWN &
O'MEARA LLP
300 FRANK H. OGAWA PL.
SUITE 355
OAKLAND, CA 94612
(510) 540.4881
1335.301 4852-9898-8692.1
Preview
@ wiinMunnin Scott Edward Cole, Esq. (S.B. #160744) — Andrew Daniel Weaver, Esq. (S.B. #318935) FILED SCOTT COLE & ASSOCIATES, APC LO 555 12" Street, Suite 1725 Oakland, California 94607 ALAMEDA COUNTY WD Telephone: 0) 891-9800 Facsimile: (510) 891-7030 FP Email: scole@scalaw.com JUL 11 2019. Email: aweaver@scalaw.com On Web: www.scalaw.com cue su pRogeo T By. = » Drees HD ‘Attorneys for Representative Plaintiff, Deputy the Plaintiff Class and Aggrieved Employees st Diana Estrada (State Bar No. 212702) wo Email: Diana.Estrada@wilsonelser.com Daniel Lee (State Bar No. 217002) oOo Email: Daniel.Lee@wilsonelser.com WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 555 South Flower Street, Suite 2900 Los Angeles, CA 90071 Telephone: (213) 443-5100 SCOTT COLE & ASSOCIATES, APC Facsimile: (213) 443-5101 OAKLAND, CALIFORNIA 94607 555 12'h STREET, SUITE 1725 ATTORNEYS AT LAW Attomeys for Defendants TEL: (510) 893-9800 PPH FRANCHISE HOLDINGS, LLC, PASSPORT HEALTH HOLDINGS, LLC IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA | MARK TIRMAN, individually, and on Case No. RG19017399 behalf of all others similarly situated, Assigned for All Purposes To: Plaintiffs, Judge: Brad Seligman VS. | Dept: 23 PPH FRANCHISE HOLDINGS, LLC JOINT COMPLEX CASE MANAGEMENT PASSPORT HEALTH HOLDINGS, LLC CONFERENCE STATEMENT : and DOES | through 100, inclusive, Date: July 16, 2019 Defendants. Time: 3:00 p.m. Dept: 23 Action Filed: May 2, 2019 -|- Joint Complex Case Management Conference Statement Defendants PPH FRANCHISE HOLDINGS, LLC and PASSPORT HEALTH — HOLDINGS, LLC (“Defendant”) and Plaintiff Mark Tirman (“Plaintiff”), by and through their LY respective counsel, hereby submit the following Joint Complex Case Management Conference WH FSF Statement. nA FACTUAL BACKGROUND DH Plaintiff’s Statement: Plaintiff and the putative class members are non-exempt nurses Ss employed in clinics within California. Plaintiff alleges that Defendant had a consistent policy CO whereby Defendant failed to provide legally compliant meal and rest periods, failed to provide oO accurate wage statements, failed to pay all wages due on termination, and engaged in unfair business practices in violation of the Unfair Competition Act. The basis for these claims is that 11 Defendant scheduled patient appointments without allocating time for Plaintiff and class members 12 to take breaks. . SCOTT COLE & ASSOCIATES, APC 13 CALIFORNIA 94607 Defendant’s Statement: Defendants submit a class cannot and should not be certified 555 12» STREET, SUITE 1725 ATTORNEYS AT LAW TEL: (510) 891-9800 14 due to the many individualized issues that are unique to each alleged class member. A class 15 cannot be certified as such individualized issues predominate over any alleged common question OAKLAND, 16 of fact and law. Defendants submit that Plaintiff's claim is not typical of each purported class 17 member’s claim, and he cannot adequately represent a purported class. To maintain a class 18 action, plaintiff has the burden to show that-the class action method is superior to other available 19 methods for the fair and efficient adjudication of the controversy, which is not the case here 20 because each putative class member’s claim requires individual analysis. As for Plaintiff's 21 individual claims, they are disputed. Plaintiff was timely permitted uninterrupted 30 minute meal 22 periods as well as lawfully compliant rest breaks throughout his employment. Plaintiff was paid 23 all wages in a timely manner. Plaintiff was provided with his final check in a timely manner. For 24 all such reasons, Plaintiff's claims concerning inaccurate itemized statements fail. The claim is 25 entirely dependent upon the ability of Plaintiff to prove his alleged unpaid wage and/or missed 26 meal/rest break claims which fail for the reasons stated above. Plaintiff's claims concerning 27 unlawful, unfair or fraudulent business practices by the Company under Business & Professions 2 Icode Section Section 17200, et seq. ("UCL") will also fail as the claim is entirely dependent [oa] -2- Joint Complex Case Management Conference Statement upon the ability of Plaintiff to prove his alleged unpaid wage and/or missed meal/rest break claims which fail for the reasons stated above. HP PARTIES . WD Plaintiff's Statement: Plaintiff Mark Tirman was employed by Defendant as a non- FF exempt nurse during the class period. AW DH Counsel for Plaintiff, and the Plaintiff Class: NHN SCOTT COLE & ASSOCIATES, APC Scott Edward Cole, Esq., State Bar No. 160744 fo scole@scalaw.com Oo Andrew D. Weaver, Esq., State Bar No. 318935 aweaver@scalaw.com O&O 555 12th Street, Suite 1725 Oakland, CA 94607 | Telephone: (510) 891-9800 meee io) Facsimile: (510) 891-7030 _ < NH WO BASS Defendant’s Statement: Defendants employed Plaintiff as a non-exempt nurse. Benet HF <5 9 Diana Estrada (State Bar No. 212702) gaeae A eeae Email: Diana.Estrada@wilsonelser.com Daniel Lee (State Bar No. 217002) NH Es O By Email: Daniel. Lee@wilsonelser.com t 8 WILSON, ELSER, MOSKOWITZ, | ANY rv) EDELMAN & DICKER LLP 555 South Flower Street, Suite 2900 DW ' Los Angeles, CA 90071 Telephone: (213) 443-5100 BO Facsimile: (213) 443-5101 DOD DD DEADLINES | K|K§ NO WD WH Plaintiff’s Statement: At this early juncture in the case the Parties are not in a position to WO NYO determine a target date or time estimate for trial in this matter. Plaintiff suggests setting a date and BH NK time estimate for trial after class certification issues are resolved. : LD MO Defendant’s Statement: Defendants submit also that the Parties are not,in a position at nN NH present to determine a target date or time estimate for trial in this matter. Defendants also suggest SN RO setting a date and time estimate for trial after class certification issues are- resolved. ‘Defendants reserve all rights. | 3- Joint Complex Case Management Conference Statement CLASS DISCOVERY and CLASS CERTIFICATION Plaintiff?s Statement: Plaintiff propounded an initial set of written discovery requests and requests for production of documents on June 18, 2019 related to both individual and class issues, Defendant’s responses are due on July 23, 2019. The parties have agreed to engage in informal discovery as well. Defendant’s Statement: Defendants are willing to engage in informal discovery for purposes of an early mediation while briefly putting formal discovery on hold pending the mediation. DISCOVERY PLAN and PROPOSED LITIGATION SCHEDULE Plaintiff’s Statement: Plaintiff has propounded a first set of written discovery and anticipates at least one more set of written discovery. Plaintiff also intends to take the depositions SCOTT COLE & ASSOCIATES, APC of at least one and likely several more of Defendant’s person’s most knowledgeable. Plaintiff is : OAKLAND, CALIFORNIA 94607 555 12‘ STREET, SUITE 1725 ATTORNEYS AT LAW TEL: (§10) 891-9800 not prepared to propose or commit to a discovery plan or litigation schedule but anticipates he will ! be prepared to do so at the next CMC. Defendant’s Statement: Defendants will take depositions including the deposition of Plaintiff and conduct written discovery including request for production of documents. Defendants also respectfully proposes discussing a discovery plan or litigation schedule at the next CMC. i Defendants reserve all rights. . | EVIDENTIARY ISSUES | Plaintiff’s Statement:. Plaintiff does not identify any evidentiary issues at this time. Defendant’s Statement: It is difficult to determine what such issues are at this time as the case has recently commenced. Defendants will seek to identify any such issues as discovery progresses. Defendants reserve all rights. PROCEDURAL POSTURE | ve | Joint Complex Case Management Conference Statement vo Plaintiff's Statement: Plaintiff filed his Complaint on May’2, 2019, Plaintiff also:sent a + PAGA inotice letter t6 the LWDA ori May:14, 2019. Following thé expiration of the: statutory period for the'LWDA to respond to the notice; Plaintiff plans to arnend his‘ Complaint to-include a AY PAGA Cause:of action. Plaintiff will request: that Defendant stipulateto that. amendment. Defendant’s‘Statemnent: Defendants filed'an Answer to‘the Complaint on or about-June. AU 5, 2019. Cea SUGGESTIONS FOR STREAMLINING THIS LITIGATION Plaintiff's. Statement: Plaintiff does. fiot have any: suggestions. for streamlining. this ligation at this time. =, ~— — - Defendant’s: Statemeitt: Defendants also do not have any. suggestions for’ streamlining APC er ' ‘SCOTT COLE & ASSOCIATES, this'litigation at this:time., OAKLAND, CALIFORNIA.94607. ‘emt $55.12 STREET, SUITE:1725 AT LAW. TEL: (510) 891-9800. -ATTORNEYS & ‘Dated: July ll’, 2019 °° SCOTT COLE & ASSOCIATES, APC By: - “ Tada Weaver SG -Attorneys-for Representative Plaintiff and the-Plaintiff Class Dated: July 11,2019 WILSON, ELSER, MOSKOWITZ,,EDELMAN &. ‘DICKER, LLP. Ney "Oe Ne) as wm ‘Diana Estrada Abo; Daniel Lee | A pmeys |for Defendants __ PI “HISE HOLDING _ font PASSPORT HEALTH HOLDINGS, LLC N, im Joint Complex Case: Management Confererice Statement’ 4 . — a _ _ a POS-015, | ATTORNEY OR PARTY. WITHOUT ATTORNEY (Name, State Bar number, aid address): “FORCOURTUSEONLY = }— Raytiond Meyer, Jr./176235, Kevin F. Barrett 136607 Bremer Whyte Brown & O'Meara, LLP 300 Frank H Ogawa Plaza, Suite 355 | Oakland, CA 94612 | TELEPHONENO: 510~540-4881 FAXNO,(Optonay: 510-540-4889 PNEERSED " E-MAIL ADDRESS (Optional): kbarrett@bremerwhyte. com FILED | ATTORNEY FoRiwaney TOP FLIGHT SECURITY 7 ALAMEDA COUNTY 1 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda _ 2019 streeranpress: 1225 Fallon St. JUL 11 MAILING ADDRESS: j eyanozecope: Oakland, CA 94612. ' CLERK OF THE SUPERIOR COURT _ BRANCH NAHE a jy "PLAINTIFFIPETITIONER: Charles Cheeks Pow 06 Dhars DEFENDANT/RESPONDENT:‘Top Flight Security, et al. i _. , CASE.NUMBER: NOTICE AND ACKNOWLEDGMENT OF RECEIPT - civil HG19008867 party being served): Bernard Naidu... name: of t TO (inser NOTICE | The'surmons and other documents identified below are. being served pursuant to section-415.30 of the: California Codeof Civil Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you (or the party on whose-behalf you are being served)to liability for the payment of any expenses incurred in serving a summons | on you in-any other manner permitted by law. If you are being served on behailf-of.a corporation, an uhincdrporated‘association (iricluding a partnership), or other entity, this forin must be signed by you th the ridme of such entity or by a person authorized to.récéive service of process on behalf of such entity. In, all:other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt.of summons. If you retum this form to the sender, service of a summons-is deemed complete on the day you sign the acknowledgment of receipt below. Date of mailing: 7/1/19 > “ [SIGNATURE OFoF SENDER MUST NOT BEA PARTY.IN THIS. CASE). ACKNOWLEDGMENT OF RECEIPT This acknowledges. receipt of (to be completed 8s sender before. triailing) : 1. ws A copy of the summons and ofthe com paint, 2. (Cc) Other (specify) : (To be completed by recipient) : Date.this form is signed: 7/10/19 OR PRINT YOUR NAME AND | FENTIVIFANY, > =" BIGNATURE OF PERSON ACKNOWLED RECERT WITTE F ON:WHOSE BEHALF ey FORMS: SIGNED) ACKNOWLEDGMENT ASMADE ON BEHALF OF ANOTHER PERSON'OR ENTITY) ; . ; ; _ ; Pagetof1 Farm. Adopted for eS i NOTICE AND: ACKNOWLEDGMENT OF RECEIPT - CIVIL ‘Coda icy CivilProcedure udicial Council-of Catiforn! POS-015:(Rev, January1, 2005 EB’ cae Essential wat covriint, ta.gov. CoB 2, Forms 1335 .301 PROOF OF SERVICE I am employed in the County of Alameda, State of California. I am over the age of 18 and not a party to the within action. My business address is 300 Frank H. Ogawa Plaza, Suite 355, Oakland, CA 94612. On July 11, 2019, I served the within document(s) described as: -NOTICE AND ACKNOWLEDGEMENT OF RECEIPT - CIVIL DN on the interested parties in this action as stated on the attached mailing list. nN (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope wo addressed as set forth on the attached mailing list. I placed each such envelope for collection and mailing following ordinary business practices. I am readily familiar with this Oo Firm's practice for collection and processing of correspondence for mailing. Under that 10 practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Oakland, California, in the ordinary 1 course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of 12 deposit for mailing in affidavit. 13 Executed on July 11, 2019, at Oakland, California. 14 ] declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 16 Shekiba Johnson (Type or print name) 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O'MEARA LLP 300 FRANK H. OGAWA PL. SUITE 355 OAKLAND, CA 94612 (510) 540-4881 1335.301 4852-9898-8692.1 Charles Cheeks v. Top Flight Security, et al. Case No. HG19008867 BWB&O CLIENT: Top Flight Security BWB&O FILE NO.: 1335.301 SERVICE LIST Robert T. Simon PARKER IBRAHIM & BERC, LLP Greyson M. Goody 695 Town Center Drive THE SIMON LAW GROUP, LLP 16th Floor 34 Hermosa Ave. Costa Mesa. CA 92626 Hermosa Beach, CA 90254 Tel: (714) 361-9550 Tel.: (310) 914-5400 Fax: (714) 784-4190 Fax: (310) 914-5401 Andy.Hollins@piblaw.com robert@thesimonlawgroup.com Jang.Kang@piblaw.com greyson@thesimonlawgroup.com 10 Attorney for Defendant 18’ FRIDAY OF THE Attorney for PLAINTIFF BAY 11 12 ROPERS MAJESKI KOHN & BENTLEY Andrew S. Hollins 13 Jang H. Kang 600 Anton Blivd., 11" FI. 14 Costa Mesa, CA 92626 Tel: (949) 507-6700 15 Attorney for Defendant 18’ FRIDAY OF THE 16 BAY, DARYLE WHITE AND BERNARD NAIDU 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O'MEARA LLP 300 FRANK H. OGAWA PL. SUITE 355 OAKLAND, CA 94612 (510) 540.4881 1335.301 4852-9898-8692.1