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Ps TT) |
Diana M. Estrada (State Bar No. 212702)
Jennifer A. Brody (State Bar No. 291668)
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
555
Los
South Flower
Angeles,
Street,
California
Suite 2900
90071-2407 FILED
ALAMEDA COUNTY
Telephone: (213) 443-5100
Facsimile: (213) 443-5101
E-mail: diana.estrada@wilsonelser.com APR 2 8 2021
jennifer.brody@wilsonelser.com
CLERK OF THE SUPERIOR COURT
TOA
Attomeys for Defendants Deputy
PPH FRANCHISE HOLDINGS, LLC;
PASSPORT HEALTH HOLDINGS, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
10
11 MARK TIRMAN, individually, and on behalf ) Case No.: RG19017399
of all others similarly situated, )
12 [Assigned for allpurposes toHon. Brad
)
Plaintiff, ) Seligman, Dept. 23]
13
)
14 ) CLASS ACTION
vs. )
15 ) EVIDENCE IN SUPPORT OF
) DEFENDANT PPH FRANCHISE
16
PPH FRANCHISE HOLDINGS, LLC, ) HOLDINGS, LLC’S OPPOSITION TO
PASSPORT HEALTH HOLDINGS, LLC an d) PLAINTIFF’S MOTION FOR CLASS
17
DOES | through 100, inclusive ) CERTIFICATION
)
18 Defendant. [Filed concurrently with Opposition toMotion
for Class Certification; Memorandum of
19 ) Points and Authorities in Support of
) Opposition; Evidence in Support of
20 ) Opposition; Evidentiary Objections to
) Plaintiff's Evidence in Support of Motion and
21 ) [Proposed] Order Thereon]
)
22 ) Hearing Date: May 11, 2021
) Time: 1:00 p.m.
23 ) Dept: 23
)
24 ) Complaint Filed: May 2, 2019
)
)
25
26 TO THE HONORABLE COURT, PLAINTIFFS AND ATTORNEYS OF RECORD:
27 Defendant PPH FRANCHISE HOLDINGS, LLC (‘“Defendant” or “Passport Health”)
28
EVIDENCE IN SUPPORT OF DEFENDANT PPH FRANCHISE WITHOLDINGS, LLC’S OPPOSITION TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION
253294320v.1
hereby submits the following Evidence in Support of itsOpposition toPlaintiff Mark Tirman’s
(“Plaintiff’ or “Tirman”) Motion for Class Certification.
DECLARATION OF JENNIFER A. BRODY:
Plaintiff Mark Tirman’s FirstAmended Class Action Complaint, filed on August 9,
0A 0 anne Exhibit A
Excerpts of and Exhibits from Transcript from Vol. 1of Passport Health’s Person Most
Qualified, Leslie Gannon, taken July 30, 2020.20.00... oooccccccc cece
eeeee ee eee ExhibitB
Passport Health’s Attendance and Timekeeping Policy (Exhibit B)
Passport Health’s Attendance Policy (Exhibit C)
10 Passport Health’s Overtime Policy (Exhibit D)
ll Instructions to Employees re How to Clock in and out of Dayforce (Exhibit E)
12 Excerpts of and Exhibits from Transcript from Vol. 1 ofPassport Health’s Person Most
13 Qualified, Crystal Fallas, taken August 31, 2020...0.. 0.0... ccc cccecee
eee anes Exhibit C
14 Passport Health’s Attendance and Timekeeping Policy (Exhibit B)
15 Instructions to Employees re How to Clock in and out of Dayforce (Exhibit E)
16 DECLARATION OF CRYSTAL FALLAS:
17 Plaintiff Mark Tirman’s Time Records from May 2017 through August 2019....Exhibit A
18 DECLARATION OF PAUL FISHBURN
19 DECLARATION OF SHANTELA STANFIELD
20
21
Dated: April 28, 2021 WILSON, ELSER, MOSKOWITZ,
22 EDELMAN & DICKER LLP
23
24
By:
25 Diana M. Estrada
Jennifer A. Brody
26 Attorneys for Defendant
PPH FRANCHISE WITHOLDINGS,
27 LLC
28
2
“EVIDENCE IN SUPPORT OF DEFENDANT PPH FRANCHISE WITHOLDINGS, LLC’S OPPOSITION TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION
253294320v.1
DECLARATION OF JENNIFER A. BRODY
DECLARATION OF JENNIFER A. BRODY
I,Jennifer Brody, declare as follows:
1. Iam a member in good standing of the State Bar of California and an associate
attorney at the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, counsel of record
for Defendant PPH FRANCHISE HOLDINGS, LLC (“Defendant” or “Passport Health’) inthis
action. I made this declaration in support of Defendant’s Opposition toPlaintiffs Motion for
Class Certification.
2. I am over the age of eighteen. Unless otherwise stated, I have personal knowledge
of the facts contained herein. If called as a witness totestify, I could and would competently
10 testify to each of the facts set forth herein.
iv 3. On or about May 2, 2019, Plaintiff Mark Tirman (“Tirman”) filed a Class-Action
12 Complaint against Passport Health in Alamada County Superior Court entitled Mark Tirman v.
13 Passport Franchise Holdings, LLC et al.,case no. RG 19017399. On August 9, 2019, Tirman
14 filed a First Amended Complaint (“FAC”) inthis action, adding an additional cause of action
15 under the California Private Attorney General’s Act (“PAGA”). Attached hereto as Exhibit “A”
16 is a true and correct copy of Tirman’s FAC.
17 4. Leslie Gannon’s deposition in thismatter was taken on July 30, 2020. At her
18 deposition, Ms. Gannon testified inher capacity as Passport Health’s person most knowledgeable
19 regarding itsmeal and rest break policies and practices. Attached hereto as Exhibit “B” are true
20 and correct copies of the pertinent excerpts of Ms. Gannon’s deposition transcript and exhibits
21 from Volume 1 of her deposition taken on July 30, 2020.
22 5. Crystal Fallas’ deposition in thismatter was taken on August 31, 2020. At her
23 deposition, Ms. Gannon testified inher capacity as Passport Health’s person most knowledgeable
24 regarding itstimekeeping policies and practices. Attached hereto as Exhibit “C” are true and
25 correct copies of the pertinent excerpts of Ms. Fallas’ deposition transcript and exhibits from
26 Volume 1 of her deposition taken on August 31, 2020. I declare under penalty of perjury under
27 the laws of the State of California the foregoing istrue and correct.
28
1
DECLARATION OF JENNIFER A. BRODY IN SUPPORT OF DEFENDANTS’ OPPOSITION TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION
253294320v. 1
Executed this 28" day of April 2021 in Los Angeles, California.
Jennifer Brody
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DECLARATION OF JENNIFER A. BRODY IN SUPPORT OF DEFENDANTS’ OPPOSITION TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION
253294320v.1
EXHIBITA
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Ps TT) | Diana M. Estrada (State Bar No. 212702) Jennifer A. Brody (State Bar No. 291668) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 555 Los South Flower Angeles, Street, California Suite 2900 90071-2407 FILED ALAMEDA COUNTY Telephone: (213) 443-5100 Facsimile: (213) 443-5101 E-mail: diana.estrada@wilsonelser.com APR 2 8 2021 jennifer.brody@wilsonelser.com CLERK OF THE SUPERIOR COURT TOA Attomeys for Defendants Deputy PPH FRANCHISE HOLDINGS, LLC; PASSPORT HEALTH HOLDINGS, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ALAMEDA 10 11 MARK TIRMAN, individually, and on behalf ) Case No.: RG19017399 of all others similarly situated, ) 12 [Assigned for allpurposes toHon. Brad ) Plaintiff, ) Seligman, Dept. 23] 13 ) 14 ) CLASS ACTION vs. ) 15 ) EVIDENCE IN SUPPORT OF ) DEFENDANT PPH FRANCHISE 16 PPH FRANCHISE HOLDINGS, LLC, ) HOLDINGS, LLC’S OPPOSITION TO PASSPORT HEALTH HOLDINGS, LLC an d) PLAINTIFF’S MOTION FOR CLASS 17 DOES | through 100, inclusive ) CERTIFICATION ) 18 Defendant. [Filed concurrently with Opposition toMotion for Class Certification; Memorandum of 19 ) Points and Authorities in Support of ) Opposition; Evidence in Support of 20 ) Opposition; Evidentiary Objections to ) Plaintiff's Evidence in Support of Motion and 21 ) [Proposed] Order Thereon] ) 22 ) Hearing Date: May 11, 2021 ) Time: 1:00 p.m. 23 ) Dept: 23 ) 24 ) Complaint Filed: May 2, 2019 ) ) 25 26 TO THE HONORABLE COURT, PLAINTIFFS AND ATTORNEYS OF RECORD: 27 Defendant PPH FRANCHISE HOLDINGS, LLC (‘“Defendant” or “Passport Health”) 28 EVIDENCE IN SUPPORT OF DEFENDANT PPH FRANCHISE WITHOLDINGS, LLC’S OPPOSITION TO PLAINTIFF’S MOTION FOR CLASS CERTIFICATION 253294320v.1 hereby submits the following Evidence in Support of itsOpposition toPlaintiff Mark Tirman’s (“Plaintiff’ or “Tirman”) Motion for Class Certification. DECLARATION OF JENNIFER A. BRODY: Plaintiff Mark Tirman’s FirstAmended Class Action Complaint, filed on August 9, 0A 0 anne Exhibit A Excerpts of and Exhibits from Transcript from Vol. 1of Passport Health’s Person Most Qualified, Leslie Gannon, taken July 30, 2020.20.00... oooccccccc cece eeeee ee eee ExhibitB Passport Health’s Attendance and Timekeeping Policy (Exhibit B) Passport Health’s Attendance Policy (Exhibit C) 10 Passport Health’s Overtime Policy (Exhibit D) ll Instructions to Employees re How to Clock in and out of Dayforce (Exhibit E) 12 Excerpts of and Exhibits from Transcript from Vol. 1 ofPassport Health’s Person Most 13 Qualified, Crystal Fallas, taken August 31, 2020...0.. 0.0... ccc cccecee eee anes Exhibit C 14 Passport Health’s Attendance and Timekeeping Policy (Exhibit B) 15 Instructions to Employees re How to Clock in and out of Dayforce (Exhibit E) 16 DECLARATION OF CRYSTAL FALLAS: 17 Plaintiff Mark Tirman’s Time Records from May 2017 through August 2019....Exhibit A 18 DECLARATION OF PAUL FISHBURN 19 DECLARATION OF SHANTELA STANFIELD 20 21 Dated: April 28, 2021 WILSON, ELSER, MOSKOWITZ, 22 EDELMAN & DICKER LLP 23 24 By: 25 Diana M. Estrada Jennifer A. Brody 26 Attorneys for Defendant PPH FRANCHISE WITHOLDINGS, 27 LLC 28 2 “EVIDENCE IN SUPPORT OF DEFENDANT PPH FRANCHISE WITHOLDINGS, LLC’S OPPOSITION TO PLAINTIFF’S MOTION FOR CLASS CERTIFICATION 253294320v.1 DECLARATION OF JENNIFER A. BRODY DECLARATION OF JENNIFER A. BRODY I,Jennifer Brody, declare as follows: 1. Iam a member in good standing of the State Bar of California and an associate attorney at the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, counsel of record for Defendant PPH FRANCHISE HOLDINGS, LLC (“Defendant” or “Passport Health’) inthis action. I made this declaration in support of Defendant’s Opposition toPlaintiffs Motion for Class Certification. 2. I am over the age of eighteen. Unless otherwise stated, I have personal knowledge of the facts contained herein. If called as a witness totestify, I could and would competently 10 testify to each of the facts set forth herein. iv 3. On or about May 2, 2019, Plaintiff Mark Tirman (“Tirman”) filed a Class-Action 12 Complaint against Passport Health in Alamada County Superior Court entitled Mark Tirman v. 13 Passport Franchise Holdings, LLC et al.,case no. RG 19017399. On August 9, 2019, Tirman 14 filed a First Amended Complaint (“FAC”) inthis action, adding an additional cause of action 15 under the California Private Attorney General’s Act (“PAGA”). Attached hereto as Exhibit “A” 16 is a true and correct copy of Tirman’s FAC. 17 4. Leslie Gannon’s deposition in thismatter was taken on July 30, 2020. At her 18 deposition, Ms. Gannon testified inher capacity as Passport Health’s person most knowledgeable 19 regarding itsmeal and rest break policies and practices. Attached hereto as Exhibit “B” are true 20 and correct copies of the pertinent excerpts of Ms. Gannon’s deposition transcript and exhibits 21 from Volume 1 of her deposition taken on July 30, 2020. 22 5. Crystal Fallas’ deposition in thismatter was taken on August 31, 2020. At her 23 deposition, Ms. Gannon testified inher capacity as Passport Health’s person most knowledgeable 24 regarding itstimekeeping policies and practices. Attached hereto as Exhibit “C” are true and 25 correct copies of the pertinent excerpts of Ms. Fallas’ deposition transcript and exhibits from 26 Volume 1 of her deposition taken on August 31, 2020. I declare under penalty of perjury under 27 the laws of the State of California the foregoing istrue and correct. 28 1 DECLARATION OF JENNIFER A. BRODY IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR CLASS CERTIFICATION 253294320v. 1 Executed this 28" day of April 2021 in Los Angeles, California. Jennifer Brody 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF JENNIFER A. BRODY IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR CLASS CERTIFICATION 253294320v.1 EXHIBITA