Preview
To: 15102671546 Page: 3 of 8 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole
FILED BY FAX
ALAMEDA COUNTY
November 24, 2020
Scott Edward Cole, Esq. (S.B. #160744) CLERK OF
Laura Grace Van Note, Esq. (8.B. #310160) THE SUPERIOR COURT
sCcoTr COLE & ASSOCIATES, APC By Shabra lyamu, Deputy
555 12" Street, Suite 1725 .
Oakland, California 94607 RG1901 7399
Telephone: (510) 891-9800
Facsimile: (510) 891-7030
Email: scole@scalaw.com
Email: lvannote@scalaw.com
wh
Web: www.scalaw.com
Attorneys for Representative Plaintiff, et al.
Diana Estrada, Esq. (S.B. # 212702)
Brianna 8. Wilson, Esq. (S8.B. #316730)
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
555 S. Flower Street - Suite 2900
Los Angeles, CA 90071
Telephone: (213) 443-5100
Facsimile: (213) 443-5101
Email: diana.Estrada@wilsonelser.com
Email: brianna.wilson@wilsonelser.com
SCOTT COLE & ASSOCIATES, APC
86g 107 STREET, SUITE 1725,
Attorneys for Defendants
ATTORNEYS AT LAW
€A.94507
TEL: (10) 891-9860
PPH FRANCHISE HOLDINGS, LLC, and.
PASSPORT HEALTH HOLDINGS, LLC
OAK
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:
Plaintiff, Judge: Brad Seligman
vs. Dept: 23
PPH FRANCHISE HOLDINGS, LLC; JOINT COMPLEX CASE MANAGEMENT
PASSPORT HEALTH HOLDINGS, LLC; CONFERENCE STATEMENT
and DOES 1 through 100, inclusive,
Date: December 1, 2020
Defendants. Time: 3:00 p.m.
Dept: 23
bo
ws
Action Filed: May 2, 2019
~l-
Joint Complex Case Management Conference Statement
To: 15102671546 Page: 4 of & 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole
Plaintiff Mark Tirman (“Plaintiff”) and Defendants PPH FRANCHISE HOLDINGS, LLC
and PASSPORT HEALTH HOLDINGS, LLC (“Defendant”) and, by and through their respective
be
counsel, hereby submit the following Joint Complex Case Management Conference Statement.
FACTUAL BACKGROUND
Plaintiff's Statement: Plaintiff and the putative class members are non-exempt nurses
employed within California. Plaintiff alleges Defendant had a consistent policy whereby it failed
to provide legally compliant meal and rest periods, failed to provide 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 Defendant scheduled patient
appointments without allocating time for class members to take breaks.
Defendant’s Statement: Plaintiff alleges to be a member of a class alleging causes of
SCOTT COLE & ASSOCIATES, APC
action for failure to pay wages, failure to provide meal and rest periods, failure to pay wages upon
termination, unfair business practices under the unfair competition act, and he also asserts a PAGA
cause of action.
PARTIES
Plaintiff: Plaintiff Mark Tirman was employed by Defendant as a non-exempt nurse
during the class period.
Counsel for Plaintiff:
Scott Edward Cole, Esq. (S.B. # 160744)
Laura Van Note, Esq. (S.B. #310160)
SCOTT COLE & ASSOCIATES, APC
555 12th Street, Suite 1725
Oakland, CA 94607
Telephone: (510) 891-9800
Facsimile: (510) 891-7030
Email: scole@scalaw.com
Email: Ivannote@scalaw.com
2-
Joint Complex Case Management Conference Statement
To: 15102671546 Page: 5 of & 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole
1 Defendant: While both PPH Franchise Holdings, LLC and Passport Health Holdings, LLC
2 || do business in California, Passport Health Holdings, LLC never employed any of the putative class
3. tmembers. PPH Franchise Holdings, LLC was and is the employer of the putative class.
4
Counsel for Defendants:
5 Diana M. Estrada, Esq. (S.B. #212702)
Brianna S. Wilson, Esq. (S.B. # 316730)
6 WILSON, ELSER, MOSKOWITZ,
7 EDELMAN & DICKER LLP
554 South Flower Street, Suite 2900
8 Los Angeles, California 90071
Telephone: (213) 443-5100
9 Facsimile: (213) 443-5101
Email: diana Estrada@wilsonelser.com
10 Email: brianna. wilson@wilsonelser.com
a DEADLINES
DD
= 12 Defendant has asserted that production of the documents requested in the most recent
FoI
3 13 Request for Production will involve extensive redactions of patient information, which will be
&
@ i4 time consuming. Assuming the parties can agree on an appropriate scope and method for producing
3
3 Is this information, Defendant will need time to complete those redactions. ‘The court currently has
Oo
& 16 set a deadline for Plaintiff to file his motion for class certification by December 20, 2020. The
as
” M7 parties respectfully request this deadline be moved to at least March of 2021 to allow time to
18 complete the pending document production, and further depositions related to those documents
19 once they have been produced.
20
21 CLASS DISCOVERY and CLASS CERTIFICATION
2
22 Plaintiff propounded an initial set of written discovery requests on June 18, 2019, related
23 to both individual and class issues. Plaintiff served additional requests for production, which
5
24 Defendant responded to (asserting various objections and not producing any further documents)
23 , - : : .
“jon November 3, 2020. On Nevember 11, 2020, the parties held a telephonic meet and confer
9
26 regarding the objections. In that conversation, Defendant’s counsel agreed to provide a proposal
27 for a production which would address the privacy concerns related to necessary redactions of the
28
“3a
Jaint Complex Case Management Conference Statement
To: 15102671546 Page: 6 of & 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole
employee schedules. The parties continue to meet and confer on this issue and will seck court
intervention if it becomes necessary. ‘The parties request the court move the current deadline for
bo
class certification (December 20, 2020) to al least March of 2021 to allow for completion of the
Bw
pending document production and depositions related to same.
way
DISCOVERY PLAN and PROPOSED LITIGATION SCHEDULE
NS
Depositions are ongoing. The parties are meeting and conferring regarding the production
N
of schedules of the class members, which Defendant asserts contain patient medical information
A
which must be redacted before production.
Do
EVIDENTIARY ISSUES
The parties do not identify any evidentiary issues at this time.
SCOTT COLE & ASSOCIATES, APC
PROCEDURAL POSTURE
Plaintiff filed his Complaint on May 2, 2019. Plaintiff also sent a PAGA notice/letter to
the LWDA on May 14, 2019, Following expiration of the statutory period for the LWDA to
respond to the notice, the First Amended Complaint adding a cause of action under PAGA was
filed on August 9, 2019.
SUGGESTIONS FOR STREAMLINING THIS LITIGATION
The parties will continue to meet and confer regarding the production of the Passageware
Schedules. Plaintiff will request an informal discovery conference if it becomes necessary.
Plaintiff also requests the court set a trial date for this matter in accordance with the anticipated
class certification schedule.
4m
Joint Complex Case Management Conference Statement
To: 15102671546 Page: 7 of & 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole
J Dated: November 24, 2020 SCOTT COLE & ASSOCIATES, APC
a
Nw
a
By: ne ,
us
Scott Pdward Cole, Esq.
Attorneys for Representative Plaintiff, et al.
Dated: November 24, 2020 WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER, LLP
By: /s/ Brianna S. Wilson
. Brianna S.. Wilson
: aa : - Attomeys for Defendants -
10 _. PPH Franchise Holdings, LLC,
, Passport Health Holdings, LLC
SCOTT COLE & ASSOCIATES, APC:
$56 25" STREET, SUITE 1725
ATTORNEYS AT LAW
~5-
Joint Complex Case Management Conference Statement
To: 15102671546 Page: 8 of 8 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole
1 PROOF OF SERVICE
2 “1 am over 18 years of age, not a party to the above-captioned action, and am employed by the
law firm of Scott Cole & Associates, APC, 555 12" St, Suite 1725, Oakland, California 94607.
3
On this date, I served a copy of:
4
JOINT COMPLEX CASE MANAGEMENT CONFERENCE STATEMENT
5
By. depositing the document(s) with the U.S. Postal Service, with postage fally prepaid,
6 addressed as indicated below, in the ordinary course of business,
7 By facsimile transmission to the fax number(s) below, before 5:00 p.m.-PST.
g By placing the document(s) in a sealed Federal Express envelope, affixing a pre-paid air
bill and delivering it to a Federal Express agent.
? By personal delivery. :
10 Tx By e-mail transmission to the e-mail address(es) below.
il By electronic filing using the CM/ECF System which will send a Notice of Electronic
2 5 Filing to the email address(es) listed in the Electronic Mail Notice List.
{
4 By uploading the document(s) to the third-party document management/service company,
a 13 court-approved for purposes of this litigation.
seae3
Be 14 By electronic submission to the Labor and Workforce Development Agency.
ge 15
se on the following person(s):
16
SCOTT CO
Diana M. Estrada, Esq.
Brianna 8. Wilson, Esq. .
18 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
555 S. Flower Street, Suite 2900
19 | Los Angeles, CA 90071-2407
5 Email: Diana. Estrada@wilsonelser.com
20 Email: Brianna. Wilson@wilsonelser.com
21 1 1 declare under penalty of perjury under the Jaws of the United States and the State of California
the foregoing is true and correct. Executed in Oakland, California on November 24, 2020.
; f
23 Ny xe Coke
Nicole Randle
24
25
26
27
28
De
Proof of Service
Preview
To: 15102671546 Page: 3 of 8 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole FILED BY FAX ALAMEDA COUNTY November 24, 2020 Scott Edward Cole, Esq. (S.B. #160744) CLERK OF Laura Grace Van Note, Esq. (8.B. #310160) THE SUPERIOR COURT sCcoTr COLE & ASSOCIATES, APC By Shabra lyamu, Deputy 555 12" Street, Suite 1725 . Oakland, California 94607 RG1901 7399 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 Email: scole@scalaw.com Email: lvannote@scalaw.com wh Web: www.scalaw.com Attorneys for Representative Plaintiff, et al. Diana Estrada, Esq. (S.B. # 212702) Brianna 8. Wilson, Esq. (S8.B. #316730) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 555 S. Flower Street - Suite 2900 Los Angeles, CA 90071 Telephone: (213) 443-5100 Facsimile: (213) 443-5101 Email: diana.Estrada@wilsonelser.com Email: brianna.wilson@wilsonelser.com SCOTT COLE & ASSOCIATES, APC 86g 107 STREET, SUITE 1725, Attorneys for Defendants ATTORNEYS AT LAW €A.94507 TEL: (10) 891-9860 PPH FRANCHISE HOLDINGS, LLC, and. PASSPORT HEALTH HOLDINGS, LLC OAK 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: Plaintiff, Judge: Brad Seligman vs. Dept: 23 PPH FRANCHISE HOLDINGS, LLC; JOINT COMPLEX CASE MANAGEMENT PASSPORT HEALTH HOLDINGS, LLC; CONFERENCE STATEMENT and DOES 1 through 100, inclusive, Date: December 1, 2020 Defendants. Time: 3:00 p.m. Dept: 23 bo ws Action Filed: May 2, 2019 ~l- Joint Complex Case Management Conference Statement To: 15102671546 Page: 4 of & 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole Plaintiff Mark Tirman (“Plaintiff”) and Defendants PPH FRANCHISE HOLDINGS, LLC and PASSPORT HEALTH HOLDINGS, LLC (“Defendant”) and, by and through their respective be counsel, hereby submit the following Joint Complex Case Management Conference Statement. FACTUAL BACKGROUND Plaintiff's Statement: Plaintiff and the putative class members are non-exempt nurses employed within California. Plaintiff alleges Defendant had a consistent policy whereby it failed to provide legally compliant meal and rest periods, failed to provide 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 Defendant scheduled patient appointments without allocating time for class members to take breaks. Defendant’s Statement: Plaintiff alleges to be a member of a class alleging causes of SCOTT COLE & ASSOCIATES, APC action for failure to pay wages, failure to provide meal and rest periods, failure to pay wages upon termination, unfair business practices under the unfair competition act, and he also asserts a PAGA cause of action. PARTIES Plaintiff: Plaintiff Mark Tirman was employed by Defendant as a non-exempt nurse during the class period. Counsel for Plaintiff: Scott Edward Cole, Esq. (S.B. # 160744) Laura Van Note, Esq. (S.B. #310160) SCOTT COLE & ASSOCIATES, APC 555 12th Street, Suite 1725 Oakland, CA 94607 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 Email: scole@scalaw.com Email: Ivannote@scalaw.com 2- Joint Complex Case Management Conference Statement To: 15102671546 Page: 5 of & 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole 1 Defendant: While both PPH Franchise Holdings, LLC and Passport Health Holdings, LLC 2 || do business in California, Passport Health Holdings, LLC never employed any of the putative class 3. tmembers. PPH Franchise Holdings, LLC was and is the employer of the putative class. 4 Counsel for Defendants: 5 Diana M. Estrada, Esq. (S.B. #212702) Brianna S. Wilson, Esq. (S.B. # 316730) 6 WILSON, ELSER, MOSKOWITZ, 7 EDELMAN & DICKER LLP 554 South Flower Street, Suite 2900 8 Los Angeles, California 90071 Telephone: (213) 443-5100 9 Facsimile: (213) 443-5101 Email: diana Estrada@wilsonelser.com 10 Email: brianna. wilson@wilsonelser.com a DEADLINES DD = 12 Defendant has asserted that production of the documents requested in the most recent FoI 3 13 Request for Production will involve extensive redactions of patient information, which will be & @ i4 time consuming. Assuming the parties can agree on an appropriate scope and method for producing 3 3 Is this information, Defendant will need time to complete those redactions. ‘The court currently has Oo & 16 set a deadline for Plaintiff to file his motion for class certification by December 20, 2020. The as ” M7 parties respectfully request this deadline be moved to at least March of 2021 to allow time to 18 complete the pending document production, and further depositions related to those documents 19 once they have been produced. 20 21 CLASS DISCOVERY and CLASS CERTIFICATION 2 22 Plaintiff propounded an initial set of written discovery requests on June 18, 2019, related 23 to both individual and class issues. Plaintiff served additional requests for production, which 5 24 Defendant responded to (asserting various objections and not producing any further documents) 23 , - : : . “jon November 3, 2020. On Nevember 11, 2020, the parties held a telephonic meet and confer 9 26 regarding the objections. In that conversation, Defendant’s counsel agreed to provide a proposal 27 for a production which would address the privacy concerns related to necessary redactions of the 28 “3a Jaint Complex Case Management Conference Statement To: 15102671546 Page: 6 of & 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole employee schedules. The parties continue to meet and confer on this issue and will seck court intervention if it becomes necessary. ‘The parties request the court move the current deadline for bo class certification (December 20, 2020) to al least March of 2021 to allow for completion of the Bw pending document production and depositions related to same. way DISCOVERY PLAN and PROPOSED LITIGATION SCHEDULE NS Depositions are ongoing. The parties are meeting and conferring regarding the production N of schedules of the class members, which Defendant asserts contain patient medical information A which must be redacted before production. Do EVIDENTIARY ISSUES The parties do not identify any evidentiary issues at this time. SCOTT COLE & ASSOCIATES, APC PROCEDURAL POSTURE Plaintiff filed his Complaint on May 2, 2019. Plaintiff also sent a PAGA notice/letter to the LWDA on May 14, 2019, Following expiration of the statutory period for the LWDA to respond to the notice, the First Amended Complaint adding a cause of action under PAGA was filed on August 9, 2019. SUGGESTIONS FOR STREAMLINING THIS LITIGATION The parties will continue to meet and confer regarding the production of the Passageware Schedules. Plaintiff will request an informal discovery conference if it becomes necessary. Plaintiff also requests the court set a trial date for this matter in accordance with the anticipated class certification schedule. 4m Joint Complex Case Management Conference Statement To: 15102671546 Page: 7 of & 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole J Dated: November 24, 2020 SCOTT COLE & ASSOCIATES, APC a Nw a By: ne , us Scott Pdward Cole, Esq. Attorneys for Representative Plaintiff, et al. Dated: November 24, 2020 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP By: /s/ Brianna S. Wilson . Brianna S.. Wilson : aa : - Attomeys for Defendants - 10 _. PPH Franchise Holdings, LLC, , Passport Health Holdings, LLC SCOTT COLE & ASSOCIATES, APC: $56 25" STREET, SUITE 1725 ATTORNEYS AT LAW ~5- Joint Complex Case Management Conference Statement To: 15102671546 Page: 8 of 8 2020-11-24 18:56:16 GMT 1-510-891-7030 From: Scott Cole 1 PROOF OF SERVICE 2 “1 am over 18 years of age, not a party to the above-captioned action, and am employed by the law firm of Scott Cole & Associates, APC, 555 12" St, Suite 1725, Oakland, California 94607. 3 On this date, I served a copy of: 4 JOINT COMPLEX CASE MANAGEMENT CONFERENCE STATEMENT 5 By. depositing the document(s) with the U.S. Postal Service, with postage fally prepaid, 6 addressed as indicated below, in the ordinary course of business, 7 By facsimile transmission to the fax number(s) below, before 5:00 p.m.-PST. g By placing the document(s) in a sealed Federal Express envelope, affixing a pre-paid air bill and delivering it to a Federal Express agent. ? By personal delivery. : 10 Tx By e-mail transmission to the e-mail address(es) below. il By electronic filing using the CM/ECF System which will send a Notice of Electronic 2 5 Filing to the email address(es) listed in the Electronic Mail Notice List. { 4 By uploading the document(s) to the third-party document management/service company, a 13 court-approved for purposes of this litigation. seae3 Be 14 By electronic submission to the Labor and Workforce Development Agency. ge 15 se on the following person(s): 16 SCOTT CO Diana M. Estrada, Esq. Brianna 8. Wilson, Esq. . 18 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 555 S. Flower Street, Suite 2900 19 | Los Angeles, CA 90071-2407 5 Email: Diana. Estrada@wilsonelser.com 20 Email: Brianna. Wilson@wilsonelser.com 21 1 1 declare under penalty of perjury under the Jaws of the United States and the State of California the foregoing is true and correct. Executed in Oakland, California on November 24, 2020. ; f 23 Ny xe Coke Nicole Randle 24 25 26 27 28 De Proof of Service