Preview
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Ww 2622205
Scott Edward Cole, Esq. (S.B. #160744)
—
Andrew Daniel Weaver, ‘sa. (Oe. #318935)
SCOTT COLE & ASSOC A ES, APC
WD
555 12" Street, Suite 1725
Oakland, California 94607
FILED
WH
Telephone: 103 891-9800
Facsimile: (510) 891-7030 ALAMEDA COUNTY
HR
Email: scole@scalaw.com
Email: aweaver(@scalaw.com
NOV 04 2019
WH
Web: www.scalaw.com
SCTE UE»
DWH
Attorneys for Representative Plaintiff, CLERKOF THR BUPERTOR
the Plaintiff Class and Aggrieved Employees Deputy
YN
Diana Estrada (State Bar No. 212702)
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Email: Diana.Estrada@wilsonelser.com
WILSON, ELSER, MOSKOWITZ,
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EDELMAN & DICKER LLP
525 Market Street, 17" Floor
CO
San Francisco, California 94105
Telephone: (213) 443-5100
YH
iets
Facsimile: (213) 443-5101
PW
SCOTT COLE & ASSOCIATES, APC
Attorneys for Defendants
OAKLAND, CALIFORNIA 94607
WW
565 12' STREET, SUITE 1725
PPH FRANCHISE HOLDINGS, LLC,
ATTORNEYS AT LAW
TEL: (510) 891-9800
PASSPORT HEALTH HOLDINGS, LLC
BR
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF ALAMEDA
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MARK TIRMAN, individually, andon +
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Case No. RG19017399
behalf of all others similarly situated,
“Assigned for All Purposes To:
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‘Judge: Brad Seligman
RD
Plaintiffs,
;Dept: 23
COC
vs.
JOINT COMPLEX CASE MANAGEMENT
|=
PPH FRANCHISE HOLDINGS, LLC
DD
PASSPORT HEALTH HOLDINGS, LLC CONFERENCE STATEMENT
RD
and DOES ! through 100, inclusive,
NH
Date: November 12, 2019
WY
Time: 3:00 p.m.
NY
Defendants.
Dept: 23
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Action Filed: May 2, 2019
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Joint Complex Case Management Conference Statement
3515039v.1
Defendants PPH FRANCHISE HOLDINGS, LLC and PASSPORT HEALTH
HOLDINGS, LLC (“Defendant”) and Plaintiff Mark Tirman (“Plaintiff’), by and through their
LK
respective counsel, hereby submit the following Joint Complex Case Management Conference |.
WY
Statement.
FP
FACTUAL BACKGROUND
De
Plaintiff's Statement: Since the last Case Management Conference, the parties attended
NN
a mediation but were unable to reach a resolution. Since then, Plaintiff has sought, but been
unsuccessful in obtaining, further responses to its first set of discovery requests. Plaintiff will likely |
Se
file a motion to compel on or before November 15, 2019.
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Plaintiff and the putative class members are non-exempt nurses employed within
et
OC
California. Plaintiff alleges that Defendant had a consistent policy whereby Defendant failed to
KK
provide legally compliant meal and rest periods, failed to provide accurate wage statements, failed
PO
SCOTT COLE & ASSOCIATES, APC
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to pay all wages due on termination, and engaged in unfair business practices in violation of the
OAKLAND, CALIFORNIA 94607
WD
555 12'* STREET, SUITE 1725,
me
aT LAW
TEL: (510) 891-9800
ATTORNEYS
Unfair Competition Act. The basis for these claims is that Defendant scheduled patient
BP
appointments without allocating time for Plaintiff and class members to take breaks.
UH
Defendant’s Statement: There is no need for a motion to compel the discovery responses.
KH
The parties had previously agreed to hold off on formal discovery pending the mediation.
nN
Accordingly, Defendant did not begin working to gather and prepare information for the responses
DB
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until after the October 7, 2019, mediation. Defendant continues to work toward completing the
6
responses and expects to serve the responses within the next two weeks.
CGS
PARTIES
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Plaintiff’s Statement: Plaintiff Mark Tirman was employed by Defendant as a non-
HO
BR
exempt nurse during the class period.
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Counsel for Plaintiff, and the Plaintiff Class:
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SCOTT COLE & ASSOCIATES, APC
HD
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Scott Edward Cole, Esq., State Bar No. 160744
IN
scole@scalaw.com
NO
Andrew D. Weaver, Esq., State Bar No. 318935
eS
NO
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Joint Complex Case Management Conference Statement
3515039v.]
aweaver@scalaw.com
555 12th Street, Suite 1725
=
Oakland, CA 94607
NYO
Telephone: (510) 891-9800
Facsimile: (510) 891-7030
WY
Defendant’s Statement: While both PPH Franchise Holdings, LLC and Passport Health
Fe
Holdings, LLC do business in California, Passport Health Holdings, LLC never employed
MH
Plaintiff or any of the putative class members. PPH Franchise Holdings, LLC was and is the
NWN
employer.
Diana M. Estrada (State Bar No. 212702)
Ce
Daniel H. Lee (State Bar No. 217001)
WILSON, ELSER, MOSKOWITZ,
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EDELMAN & DICKER LLP
$55 South Flower Street, Suite 2900
CO
Los Angeles, California 90071-2407
Telephone: (213) 443-5100
KH
Facsimile: (213) 443-5101
E-mail: diana.estrada@wilsonelser.com
NY
SCOTT COLE & ASSOCIATES, APC
daniel.lee@wilsonelser.com
94607
§55 12" STREET, SUITE 1725
W
ATTORNEYS AT LAW
TEL: (510) 891-9800
OAKLAND, CALIFORNIA
BP
DEADLINES
Parties’ Statement: This case is in its infancy and the Court should not set a trial date at
A
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this time.
DQ
CLASS DISCOVERY and CLASS CERTIFICATION
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Plaintiff’s Statement: Plaintiff propounded an initial set of written discovery requests
DO
and requests for production of documents on June 18, 2019 related to both individual and class | .
DBD
issues. The parties then stayed discovery in light of the mediation efforts. That mediation was held
on October 7, 2019. The parties were unable to reach a resolution.
Ye
Plaintiff is now collecting the information necessary for class certification, but Defendant
NY
has failed to be forthcoming with the information necessary.
WY
Defendant’s Statement: The parties had previously agreed to hold off on formal
BP
discovery pending the mediation. Accordingly, Defendant did not begin working to gather and
Nh
prepare information for the responses until after the October 7, 2019, mediation. Defendant
DO
continues to work toward completing the responses and expects to serve the responses within the
oN
next two weeks. Defendant has also agreed to use the Belaire process and pay for it.
3
Joint Complex Case Management Conference Statement
3515039v.1
DISCOVERY PLAN and PROPOSED LITIGATION SCHEDULE
NY
Plaintiff's Statement: Plaintiff has propounded a first set of written discovery and
WY
anticipates at least one more set of written discovery, Defendant provided boilerplate objections
FR
to all of Plaintiff's requests.
DA
The parties agreed to extend the deadline for Plaintiff to file a motion to compel
DH
Defendant's response to November 15, 2019 while the parties attempted to seek resolution through
NN
mediation. Plaintiff has advised Defendant that responses must be provided by no later than
Oo
November 13, 2019 in order for the Plaintiff to have sufficient time to draft any necessary motions
Oo
prior to the deadline.
BS
The parties are also in dispute regarding production of the class list. On the condition that
1)
the notice be sent out by October 11, 2019, Plaintiff offered to stipulate to using a Belaire West
<
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3 Notice process to avoid a drawn out conflict regarding the class list. Defendant indicated it may
ae
ne
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Sigat be willing to provide the list without such a notice, and then failed to agree to or send the notice
SeG55
vi
within a reasonable time. As of today, no notice has been sent. Plaintiff now expects the Defendant
aA
to produce the class list with the other discovery responses.
F 6
BUA
g Plaintiff also noticed the depositions of two categories of Defendant’s person(s) most
knowledgeable after Defendant refused to stipulate to dates therefor.
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At the Case Management Conference, Plaintiff requests the Court’s assistance in
persuading the Defendant to comply with its discovery obligations within the time limits cited
SBF
WDD
herein.
KF
Defendant’s Statement:
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Depositions:
OW
PB
Defendant never refused to stipulate to dates for depositions. Defendant advised Plaintiff
BR
NY
that logistics of the depositions needed to be worked out because the individuals being produced
AW
YD
are out of state. That is how the discussion ended.
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Joint Complex Case Management Conference Statement
°3515039v.1
Written Discovery and Belaire West Notice:
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The parties had previously agreed to hold off on formal. discovery pending the mediation.
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Accordingly, Defendant did not begin working to gather and prepare information
for the responses
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until after the October 7; 2019, mediation. Defendant continues to work toward completing the
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responses and expects to serve the responses within the next two weeks. . Defendant has also agreed
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to use the Belaire process and_pay for it.
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EVIDENTIARY ISSUES
~~
Plaintiff's Statement: Plaintiff does not identify any evidentiary issues at this time.
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Defendant’s Statement: None at.this time.
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PROCEDURAL POSTURE
AS
Parties’ Statement: Plaintiff filed his Complaint on May 2, 2019. Plaintiff also sent a
PAGA notice letter to the LWDA on May 14, 2019. Following the expiration of the statutory
SCOTT COLE & ASSOCIATES, APC
BOSH
OAKLAND, CALIFORNIA 94607,
period for the LWDA to respond to the notice, Defendant stipulated to the filing of the: First
555 1a'b STREET, SUITE 1725
ATTORNEYS AT LAW
"TEL: (510) 891-480
Amended. Complaint adding a cause of action under PAGA. The Court approved the stipulation
and the First Amended Complaint was filed. Defendants have answered the Fitst Amended
DAA
Complaint.
SUGGESTIONS. FOR STREAMLINING THIS LITIGATION
Plaintiff's Statement:. None.
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Defendant’s Statement: None.
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Andrew Weaver, Esq.
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Attorneys for Representative Plaintiff
and the Plaintiff Class
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Joint Complex Case Management Conference Statement
3515039v.1
—
Dated: November 4, 2019 WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER, LLP
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Diana Estrada
Attorneys for Defendants
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Joint Complex Case Management Conference Statement
3515039v.1
Preview
TT Ww 2622205 Scott Edward Cole, Esq. (S.B. #160744) — Andrew Daniel Weaver, ‘sa. (Oe. #318935) SCOTT COLE & ASSOC A ES, APC WD 555 12" Street, Suite 1725 Oakland, California 94607 FILED WH Telephone: 103 891-9800 Facsimile: (510) 891-7030 ALAMEDA COUNTY HR Email: scole@scalaw.com Email: aweaver(@scalaw.com NOV 04 2019 WH Web: www.scalaw.com SCTE UE» DWH Attorneys for Representative Plaintiff, CLERKOF THR BUPERTOR the Plaintiff Class and Aggrieved Employees Deputy YN Diana Estrada (State Bar No. 212702) Oo Email: Diana.Estrada@wilsonelser.com WILSON, ELSER, MOSKOWITZ, Oo EDELMAN & DICKER LLP 525 Market Street, 17" Floor CO San Francisco, California 94105 Telephone: (213) 443-5100 YH iets Facsimile: (213) 443-5101 PW SCOTT COLE & ASSOCIATES, APC Attorneys for Defendants OAKLAND, CALIFORNIA 94607 WW 565 12' STREET, SUITE 1725 PPH FRANCHISE HOLDINGS, LLC, ATTORNEYS AT LAW TEL: (510) 891-9800 PASSPORT HEALTH HOLDINGS, LLC BR IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA HM IN AND FOR THE COUNTY OF ALAMEDA DB aI om MARK TIRMAN, individually, andon + DBD Case No. RG19017399 behalf of all others similarly situated, “Assigned for All Purposes To: OO % ‘Judge: Brad Seligman RD Plaintiffs, ;Dept: 23 COC vs. JOINT COMPLEX CASE MANAGEMENT |= PPH FRANCHISE HOLDINGS, LLC DD PASSPORT HEALTH HOLDINGS, LLC CONFERENCE STATEMENT RD and DOES ! through 100, inclusive, NH Date: November 12, 2019 WY Time: 3:00 p.m. NY Defendants. Dept: 23 Ff NR Action Filed: May 2, 2019 FH KN NY NO NYO ao So -]- Joint Complex Case Management Conference Statement 3515039v.1 Defendants PPH FRANCHISE HOLDINGS, LLC and PASSPORT HEALTH HOLDINGS, LLC (“Defendant”) and Plaintiff Mark Tirman (“Plaintiff’), by and through their LK respective counsel, hereby submit the following Joint Complex Case Management Conference |. WY Statement. FP FACTUAL BACKGROUND De Plaintiff's Statement: Since the last Case Management Conference, the parties attended NN a mediation but were unable to reach a resolution. Since then, Plaintiff has sought, but been unsuccessful in obtaining, further responses to its first set of discovery requests. Plaintiff will likely | Se file a motion to compel on or before November 15, 2019. Oo Plaintiff and the putative class members are non-exempt nurses employed within et OC California. Plaintiff alleges that Defendant had a consistent policy whereby Defendant failed to KK provide legally compliant meal and rest periods, failed to provide accurate wage statements, failed PO SCOTT COLE & ASSOCIATES, APC le to pay all wages due on termination, and engaged in unfair business practices in violation of the OAKLAND, CALIFORNIA 94607 WD 555 12'* STREET, SUITE 1725, me aT LAW TEL: (510) 891-9800 ATTORNEYS Unfair Competition Act. The basis for these claims is that Defendant scheduled patient BP appointments without allocating time for Plaintiff and class members to take breaks. UH Defendant’s Statement: There is no need for a motion to compel the discovery responses. KH The parties had previously agreed to hold off on formal discovery pending the mediation. nN Accordingly, Defendant did not begin working to gather and prepare information for the responses DB Rm until after the October 7, 2019, mediation. Defendant continues to work toward completing the 6 responses and expects to serve the responses within the next two weeks. CGS PARTIES RO | Plaintiff’s Statement: Plaintiff Mark Tirman was employed by Defendant as a non- HO BR exempt nurse during the class period. WD DO BF HN Counsel for Plaintiff, and the Plaintiff Class: OH PO SCOTT COLE & ASSOCIATES, APC HD NN Scott Edward Cole, Esq., State Bar No. 160744 IN scole@scalaw.com NO Andrew D. Weaver, Esq., State Bar No. 318935 eS NO -2- Joint Complex Case Management Conference Statement 3515039v.] aweaver@scalaw.com 555 12th Street, Suite 1725 = Oakland, CA 94607 NYO Telephone: (510) 891-9800 Facsimile: (510) 891-7030 WY Defendant’s Statement: While both PPH Franchise Holdings, LLC and Passport Health Fe Holdings, LLC do business in California, Passport Health Holdings, LLC never employed MH Plaintiff or any of the putative class members. PPH Franchise Holdings, LLC was and is the NWN employer. Diana M. Estrada (State Bar No. 212702) Ce Daniel H. Lee (State Bar No. 217001) WILSON, ELSER, MOSKOWITZ, Oo EDELMAN & DICKER LLP $55 South Flower Street, Suite 2900 CO Los Angeles, California 90071-2407 Telephone: (213) 443-5100 KH Facsimile: (213) 443-5101 E-mail: diana.estrada@wilsonelser.com NY SCOTT COLE & ASSOCIATES, APC daniel.lee@wilsonelser.com 94607 §55 12" STREET, SUITE 1725 W ATTORNEYS AT LAW TEL: (510) 891-9800 OAKLAND, CALIFORNIA BP DEADLINES Parties’ Statement: This case is in its infancy and the Court should not set a trial date at A KH this time. DQ CLASS DISCOVERY and CLASS CERTIFICATION Oo Plaintiff’s Statement: Plaintiff propounded an initial set of written discovery requests DO and requests for production of documents on June 18, 2019 related to both individual and class | . DBD issues. The parties then stayed discovery in light of the mediation efforts. That mediation was held on October 7, 2019. The parties were unable to reach a resolution. Ye Plaintiff is now collecting the information necessary for class certification, but Defendant NY has failed to be forthcoming with the information necessary. WY Defendant’s Statement: The parties had previously agreed to hold off on formal BP discovery pending the mediation. Accordingly, Defendant did not begin working to gather and Nh prepare information for the responses until after the October 7, 2019, mediation. Defendant DO continues to work toward completing the responses and expects to serve the responses within the oN next two weeks. Defendant has also agreed to use the Belaire process and pay for it. 3 Joint Complex Case Management Conference Statement 3515039v.1 DISCOVERY PLAN and PROPOSED LITIGATION SCHEDULE NY Plaintiff's Statement: Plaintiff has propounded a first set of written discovery and WY anticipates at least one more set of written discovery, Defendant provided boilerplate objections FR to all of Plaintiff's requests. DA The parties agreed to extend the deadline for Plaintiff to file a motion to compel DH Defendant's response to November 15, 2019 while the parties attempted to seek resolution through NN mediation. Plaintiff has advised Defendant that responses must be provided by no later than Oo November 13, 2019 in order for the Plaintiff to have sufficient time to draft any necessary motions Oo prior to the deadline. BS The parties are also in dispute regarding production of the class list. On the condition that 1) the notice be sent out by October 11, 2019, Plaintiff offered to stipulate to using a Belaire West < HN 3 Notice process to avoid a drawn out conflict regarding the class list. Defendant indicated it may ae ne Bw Sigat be willing to provide the list without such a notice, and then failed to agree to or send the notice SeG55 vi within a reasonable time. As of today, no notice has been sent. Plaintiff now expects the Defendant aA to produce the class list with the other discovery responses. F 6 BUA g Plaintiff also noticed the depositions of two categories of Defendant’s person(s) most knowledgeable after Defendant refused to stipulate to dates therefor. oO wm At the Case Management Conference, Plaintiff requests the Court’s assistance in persuading the Defendant to comply with its discovery obligations within the time limits cited SBF WDD herein. KF Defendant’s Statement: DN YW Depositions: OW PB Defendant never refused to stipulate to dates for depositions. Defendant advised Plaintiff BR NY that logistics of the depositions needed to be worked out because the individuals being produced AW YD are out of state. That is how the discussion ended. BY A lif NNR oN HH -4. Joint Complex Case Management Conference Statement °3515039v.1 Written Discovery and Belaire West Notice: nee The parties had previously agreed to hold off on formal. discovery pending the mediation. nN Accordingly, Defendant did not begin working to gather and prepare information for the responses aw until after the October 7; 2019, mediation. Defendant continues to work toward completing the > responses and expects to serve the responses within the next two weeks. . Defendant has also agreed WN to use the Belaire process and_pay for it. NN EVIDENTIARY ISSUES ~~ Plaintiff's Statement: Plaintiff does not identify any evidentiary issues at this time. of Defendant’s Statement: None at.this time. \o PROCEDURAL POSTURE AS Parties’ Statement: Plaintiff filed his Complaint on May 2, 2019. Plaintiff also sent a PAGA notice letter to the LWDA on May 14, 2019. Following the expiration of the statutory SCOTT COLE & ASSOCIATES, APC BOSH OAKLAND, CALIFORNIA 94607, period for the LWDA to respond to the notice, Defendant stipulated to the filing of the: First 555 1a'b STREET, SUITE 1725 ATTORNEYS AT LAW "TEL: (510) 891-480 Amended. Complaint adding a cause of action under PAGA. The Court approved the stipulation and the First Amended Complaint was filed. Defendants have answered the Fitst Amended DAA Complaint. SUGGESTIONS. FOR STREAMLINING THIS LITIGATION Plaintiff's Statement:. None. we Defendant’s Statement: None. &o SF & NY ob BF Andrew Weaver, Esq. AA Attorneys for Representative Plaintiff and the Plaintiff Class oN = Joint Complex Case Management Conference Statement 3515039v.1 — Dated: November 4, 2019 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP nN WwW . > Diana Estrada Attorneys for Defendants wa PPH FRANCHISE HOLDINGS, LLC, ON PASSPORT HEALTH HOLDINGS, LLC ~I fm] \o CO tet KH APC HB SCOTT COLE & ASSOCIATES, OAKLAND, CALIFORNIA 94607 WB 555 12 STREET, SUITE 1725 AT LAW “TEL: (510) 891-9800 ATTORNEYS DO BP DH DH wD i OO Dm OD |§ NY NY YN NH FF WY OW YY KN BY SN DN ao NH -6- Joint Complex Case Management Conference Statement 3515039v.1