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ao, e @ FILED BY FAX
LED ‘
on cbURT STOCKTON
Suekal
nay ie PH336 0 PN
JONOUENR CLERK
ELIZABETH STAGGS WILSON, Bar No, 183160
SHANNON R. BOYCE, Bar No. 229041
LITTLER MENDELSON, P.C,
633 West 5th Street, 63rd Floor
Los Angeles, CA 90071
Telephone: 213.443.4300
Facsimile: 213.443.4299
JOSE MACIAS, JR., Bar No. 265033
LITTLER MENDELSON, P.C. ‘
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone: 408.998.4150
Facsimile: 408.288.5686
Ceo YW A WwW ek YD
10 | DOCTORS HOSPITAL OF MANTECA, INC.;
AUXILIARY OF DOCTORS HOSPITAL OF
1) || MANTECA, TENET HEALTHCARE
CORPORATION; TENET HEALTH
| Attomeys for Defendants
12 | INTEGRATED SERVICES, INC.
13 {
14 SUPERIOR COURT OF CALIFORNIA ‘
| 15 COUNTY OF SAN JOAQUIN, STOCKTON BRANCH
16 | REGINALD LYLE, on behalf of himself Case No. STK-CV-UOE-2016-6523
and others similarly situated,,
"7 CLASS ACTION
Plaintiff, .
18 ASSIGNED FOR ALL PURPOSES TO JUDGE
9 v. CARTER P. HOLLY, DEPT. 41
a9 | DOCTORS HOSPITAL OF MANTECA, DECLARATION OF TRACI HOLZER IN
INC.: AUXILIARY OF DOCTORS SUPPORT OF DEFENDANT DOCTORS ,
HOSPITAL OF MANTECA; DRS HOSP HOSPITAL OF MANTECA, INC'S
21 | OF MANTECA INC; SP OF MANTECA OPPOSITION TO PLAINTIFF'S MOTION
» INC; TENET HEALTHCARE TO COMPEL FURTHER RESPONSES TO
CORPORATION; TENET HEALTH PLAINTIFF'S REQUESTS FOR .
2 INTEGRATED SERVICES, INC.; TENET | PRODUCTION OF DOCUMENTS, SET .
3 HEALTH; and DOES | to 100, Inclusive, ONE, SPECIAL INTERROGATORIES, SET
m4 ONE, AND REQUEST FOR SANCTIONS
Defendants,
25 Date: June 1, 2017
- Time: 9:00 a.m.
26 Ine fo n Goma
Judge: Hon
7 abeth Hamp hey S
° Complaint riled hare 2016
28
Cuse No, STK-CV-UOE-2016-6523
HOLZER DECL ISO DEFENDANTS' OPP TO PLAINTIFFS MOTIONS TO COMPEL
toa ana
P14 400|
wR
yaad
I, Traci Holzer, declare and state as follows:
1 Tam the Chief Human Resources Officer for Defendant Doctors Hospital of
Manteca, Inc. | make this Declaration In Support Of Defendant Doctors Hospital of Manteca, tne.’s
Oppositions to Plaintiff's Motion 1o Compel Further Responses to Plaintifs Requests For
Production of Documents, Set One, Special Interrogatories, Set One, and Request for Sanctions.
2, T have knowledge of the facts set out below based on my personal knowledge
and/or my review of the business records and files of the Hospital. {f called, 1 could and would
testify competently with regard to the facts set forth below.
3. Plaintiff Reginald Lyle was employed by Defendant Doctors Hospital of
Manteca, Inc. (“Defendant”) from May 2013 up to his termination of employment on December 10,
2015. Atall times during his employment with Defendant, Mr. Lyle was a surgical technician who
exclusively worked in the surgical department of the Hospital. Mr. Lyle never worked in any\ather
department of the Hospital.
4. The Hospital where Mr. Lyle worked is made up of 61 separate deparinents,
which range from the Human Resources Department to the Business Development Department,
Inservice Education to Housekeeping, as well as the Surgery Department (where Plaintiff worked).
Individuals working within these divergent departments are employed in various different capacities
and/or positions including positions such as: plant maintenance, housekeepers, medical records staff,
accounting clerks, speech therapists and emergency room technicians, among other groups.‘
5. The 61 departments are managed by different supervisors. Depending on the
specifics of the department, cach department can provide direct patient care, indirect patient care,
anWor no patient care at all. For example, some putative class members provide no patient care,
such as human resource or business development employees. Some employees provide idirect
patient care (such as nurses, therapists, and surgical technicians), while others provide indirect
patient care (such as pharmacists, adinitting representatives, ward clerks/monitor techs, and case
r
managers). ‘
6. Whether or not a department is required to use a certain uniform depends not
only on the specifics of the department but also on the specifics of the position within that
1. Case No. STK-CV-UQE-2016-6523
HOLZER DECL ISO DEFENDANTS' OPP TO PLAINTIFE’S MOTIONS TO COMPEL ,moe
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28
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department. Some employecs such as pharmacists use white Jab coats while employees in the
Human Resource department are not required to use any type of uniform at all. A majority of
employces at the Hospital are not required to use scrubs in order to perform their job duties. In fact,
even within patient care roles, a majority of employees are not required to don and doff scrubs
provided by the Hospital.
7. The vast majority of departments at the Hospital do not have on-call shifts,
On-call shifts are onty applicable to limited departments like the surgery department where Plaintiff’
worked and where emergencies necessitate employees being ready to respond for help.
8. Nearly all employees of the Hospital voluntarily executed arbitration
agreements with class action waivers.
9. Defendant has a rounding practice that is facially neutral — the policy rounds
both ways to the nearest quarter hour. For example, | have personally reviewed Mr. Lyle’s time
records, which show that the rounding practice at Doctors Hospital of Manteca either has no ihpact,
or benefitted Mr. Lyle, 52.1 percent of the time when considered on a daily basis. When considered
on a weekly basis, the rounding practice either has no impact, or again benefitted Mr. Lyle, 50.38
percent of the time. i
10. | Mr. Lyle was terminated due to multiple complaints of sexual harassment
which came from individuals who worked in his department.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed May 18, 2017, in Manteca, California
Frnwwide 147706881 1 052845.1344
2. Case No, STK-CV-UOE-2016-6523
HOLZER DECL ISO DEFENDANTS’ OPP TO PLAINTIFF'S MOTIONS TO COMPEL '
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ao, e @ FILED BY FAX LED ‘ on cbURT STOCKTON Suekal nay ie PH336 0 PN JONOUENR CLERK ELIZABETH STAGGS WILSON, Bar No, 183160 SHANNON R. BOYCE, Bar No. 229041 LITTLER MENDELSON, P.C, 633 West 5th Street, 63rd Floor Los Angeles, CA 90071 Telephone: 213.443.4300 Facsimile: 213.443.4299 JOSE MACIAS, JR., Bar No. 265033 LITTLER MENDELSON, P.C. ‘ 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 Telephone: 408.998.4150 Facsimile: 408.288.5686 Ceo YW A WwW ek YD 10 | DOCTORS HOSPITAL OF MANTECA, INC.; AUXILIARY OF DOCTORS HOSPITAL OF 1) || MANTECA, TENET HEALTHCARE CORPORATION; TENET HEALTH | Attomeys for Defendants 12 | INTEGRATED SERVICES, INC. 13 { 14 SUPERIOR COURT OF CALIFORNIA ‘ | 15 COUNTY OF SAN JOAQUIN, STOCKTON BRANCH 16 | REGINALD LYLE, on behalf of himself Case No. STK-CV-UOE-2016-6523 and others similarly situated,, "7 CLASS ACTION Plaintiff, . 18 ASSIGNED FOR ALL PURPOSES TO JUDGE 9 v. CARTER P. HOLLY, DEPT. 41 a9 | DOCTORS HOSPITAL OF MANTECA, DECLARATION OF TRACI HOLZER IN INC.: AUXILIARY OF DOCTORS SUPPORT OF DEFENDANT DOCTORS , HOSPITAL OF MANTECA; DRS HOSP HOSPITAL OF MANTECA, INC'S 21 | OF MANTECA INC; SP OF MANTECA OPPOSITION TO PLAINTIFF'S MOTION » INC; TENET HEALTHCARE TO COMPEL FURTHER RESPONSES TO CORPORATION; TENET HEALTH PLAINTIFF'S REQUESTS FOR . 2 INTEGRATED SERVICES, INC.; TENET | PRODUCTION OF DOCUMENTS, SET . 3 HEALTH; and DOES | to 100, Inclusive, ONE, SPECIAL INTERROGATORIES, SET m4 ONE, AND REQUEST FOR SANCTIONS Defendants, 25 Date: June 1, 2017 - Time: 9:00 a.m. 26 Ine fo n Goma Judge: Hon 7 abeth Hamp hey S ° Complaint riled hare 2016 28 Cuse No, STK-CV-UOE-2016-6523 HOLZER DECL ISO DEFENDANTS' OPP TO PLAINTIFFS MOTIONS TO COMPEL toa ana P14 400| wR yaad I, Traci Holzer, declare and state as follows: 1 Tam the Chief Human Resources Officer for Defendant Doctors Hospital of Manteca, Inc. | make this Declaration In Support Of Defendant Doctors Hospital of Manteca, tne.’s Oppositions to Plaintiff's Motion 1o Compel Further Responses to Plaintifs Requests For Production of Documents, Set One, Special Interrogatories, Set One, and Request for Sanctions. 2, T have knowledge of the facts set out below based on my personal knowledge and/or my review of the business records and files of the Hospital. {f called, 1 could and would testify competently with regard to the facts set forth below. 3. Plaintiff Reginald Lyle was employed by Defendant Doctors Hospital of Manteca, Inc. (“Defendant”) from May 2013 up to his termination of employment on December 10, 2015. Atall times during his employment with Defendant, Mr. Lyle was a surgical technician who exclusively worked in the surgical department of the Hospital. Mr. Lyle never worked in any\ather department of the Hospital. 4. The Hospital where Mr. Lyle worked is made up of 61 separate deparinents, which range from the Human Resources Department to the Business Development Department, Inservice Education to Housekeeping, as well as the Surgery Department (where Plaintiff worked). Individuals working within these divergent departments are employed in various different capacities and/or positions including positions such as: plant maintenance, housekeepers, medical records staff, accounting clerks, speech therapists and emergency room technicians, among other groups.‘ 5. The 61 departments are managed by different supervisors. Depending on the specifics of the department, cach department can provide direct patient care, indirect patient care, anWor no patient care at all. For example, some putative class members provide no patient care, such as human resource or business development employees. Some employees provide idirect patient care (such as nurses, therapists, and surgical technicians), while others provide indirect patient care (such as pharmacists, adinitting representatives, ward clerks/monitor techs, and case r managers). ‘ 6. Whether or not a department is required to use a certain uniform depends not only on the specifics of the department but also on the specifics of the position within that 1. Case No. STK-CV-UQE-2016-6523 HOLZER DECL ISO DEFENDANTS' OPP TO PLAINTIFE’S MOTIONS TO COMPEL ,moe wo ao sw A hw 28 UML aru go errs: ean esangres CA nt Dae 1 1 1 department. Some employecs such as pharmacists use white Jab coats while employees in the Human Resource department are not required to use any type of uniform at all. A majority of employces at the Hospital are not required to use scrubs in order to perform their job duties. In fact, even within patient care roles, a majority of employees are not required to don and doff scrubs provided by the Hospital. 7. The vast majority of departments at the Hospital do not have on-call shifts, On-call shifts are onty applicable to limited departments like the surgery department where Plaintiff’ worked and where emergencies necessitate employees being ready to respond for help. 8. Nearly all employees of the Hospital voluntarily executed arbitration agreements with class action waivers. 9. Defendant has a rounding practice that is facially neutral — the policy rounds both ways to the nearest quarter hour. For example, | have personally reviewed Mr. Lyle’s time records, which show that the rounding practice at Doctors Hospital of Manteca either has no ihpact, or benefitted Mr. Lyle, 52.1 percent of the time when considered on a daily basis. When considered on a weekly basis, the rounding practice either has no impact, or again benefitted Mr. Lyle, 50.38 percent of the time. i 10. | Mr. Lyle was terminated due to multiple complaints of sexual harassment which came from individuals who worked in his department. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed May 18, 2017, in Manteca, California Frnwwide 147706881 1 052845.1344 2. Case No, STK-CV-UOE-2016-6523 HOLZER DECL ISO DEFENDANTS’ OPP TO PLAINTIFF'S MOTIONS TO COMPEL '