Larry W. Lee (State Bar No. 228175)
`Kristen M. Agnew (State Bar No. 247656)
`Nicholas Rosenthal (State Bar No. 268297)
`DIVERSITY LAW GROUP, A Professional Corporation
`515 S. Figueroa Street, Suite 1250
`Los Angeles, California 90071
`(213) 488-6555
`(213) 488-6554 facsimile
`
`E-FILED
`3/2/2017 10:56:55 AM
`Clerk of Court
`Superior Court of CA,
`County of Santa Clara
`16CV301321
`Reviewed By:R. Walker
`
`William L. Marder (State Bar No. 170131)
`POLARIS LAW GROUP
`501 San Benito St., Suite 200
`Hollister, California 95023
`(831) 531-4214
`(831) 634-0333 facsimile
`
`Attorneys for Plaintiff
`MIHIKA BAID
`(Additional counsel listed on next page)
`
`SUPERIOR COURT OF CALIFORNIA
`
`COUNTY OF SANTA CLARA
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`Case No. 16CV301321
`
`[Assigned for all purposes to the Honorable
`Brian C. Walsh]
`
`JOINT CASE MANAGEMENT
`STATEMENT
`
`DATE:
`TIME:
`DEPT:
`
`March 17, 2017
`10:00 a.m.
`1
`
`Complaint Filed: October 19, 2016
`Trial Date: None set
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`MIHIKA BAID, as an individual and on
`behalf of all others similarly situated
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`Plaintiff,
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`vs.
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`20 GOOGLE INC., a Delaware corporation;
`and DOES 1 through 100, inclusive,
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`Defendants.
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`-1-
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`JOINT CASE MANAGEMENT ST A TEMENT
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`Kristen M. Agnew (State Bar No. 247656)
`Nicholas Rosenthal (State Bar No. 268297)
`DIVERSITY LAW GROUP, A Professional Corporation
`515 S. Figueroa Street, Suite 1250
`Los Angeles, California 90071
`(213) 488-6555
`(213) 488-6554 facsimile
`
`E-FILED
`3/2/2017 10:56:55 AM
`Clerk of Court
`Superior Court of CA,
`County of Santa Clara
`16CV301321
`Reviewed By:R. Walker
`
`William L. Marder (State Bar No. 170131)
`POLARIS LAW GROUP
`501 San Benito St., Suite 200
`Hollister, California 95023
`(831) 531-4214
`(831) 634-0333 facsimile
`
`Attorneys for Plaintiff
`MIHIKA BAID
`(Additional counsel listed on next page)
`
`SUPERIOR COURT OF CALIFORNIA
`
`COUNTY OF SANTA CLARA
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`Case No. 16CV301321
`
`[Assigned for all purposes to the Honorable
`Brian C. Walsh]
`
`JOINT CASE MANAGEMENT
`STATEMENT
`
`DATE:
`TIME:
`DEPT:
`
`March 17, 2017
`10:00 a.m.
`1
`
`Complaint Filed: October 19, 2016
`Trial Date: None set
`
`MIHIKA BAID, as an individual and on
`behalf of all others similarly situated
`
`Plaintiff,
`
`vs.
`
`20 GOOGLE INC., a Delaware corporation;
`and DOES 1 through 100, inclusive,
`
`Defendants.
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`-1-
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`JOINT CASE MANAGEMENT ST A TEMENT
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`
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`2
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`3
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`4
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`ZACHARY P. HUTTON (State Bar No. 234737)
`PAUL HASTINGS LLP
`55 Second Street, 24th Floor
`San Francisco, California 94105
`Telephone: (415) 856-7000
`Facsimile: ( 415) 856-7100
`zachhutton@paulhastings.co111
`
`6
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`7
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`5 BLAKER. BERTAGNA (State Bar No. 273069)
`PAUL HASTINGS LLP
`695 Town Center Drive, 17th Floor
`Costa Mesa, California 92626-1924
`Telephone: (714) 668-6200
`Facsimile: (714) 979-1921
`blakebertagna(l/)paulhastings.com
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`9 Attorneys for Defendant
`GOOGLE INC.
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`~~~~~~~~~~~· ~~~~ ·~~~~~~~~~~~~~~~-1
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`-2-
`JOINT CASE MANAGEMENT STATEMENT
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`
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`Plaintiff Mihika Baid ("Plaintiff') and Defendant Google Inc ("Defendant") (collectively,
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`"Parties") submit this Joint Case Management Conference statement.
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`4 1.
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`Additional Parties
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`All parties have appeared in this action. The parties do not anticipate the addition of any
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`5
`6 other parties to this litigation. However, Plaintiff reserves the right to add additional parties
`depending on Defendant's defenses and/or discovery.
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`2.
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`Service List
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`Attorneys for Plaintiff:
`LARRY W. LEE, (State Bar No. 228175)
`NICK ROSENTHAL, (State Bar No. 268297)
`DIVERSITY LAW GROUP, A P.C.
`515 S. Figueroa Street, Suite 1250
`Los Angeles, CA 90071
`Telephone: (213) 488-6555
`Facsimile: (213) 488-6554
`l\vlee(iildiversitylaw.com
`nrosenthal@s.iiversitylaw.com
`
`WILLIAM L. MARDER, (State Bar No. 170131)
`POLARIS LAW GROUP LLP
`Polaris Law Group LLP
`501 San Benito Street, Suite 200
`Hollister, CA 95023
`Telephone: (831) 531-4214
`Facsimile: (831) 634-0333
`bill@,polarislawgroup.com
`
`Attorneys for Defendant:
`ZACHARY P. HUTTON (State Bar No. 234737)
`PAUL HASTINGS LLP
`55 Second Street, 24th Floor
`San Francisco, California 94105
`Telephone: ( 415) 856-7000
`Facsimile: (415) 856-7100
`zachhutton(i'l{paulhastings.corn
`
`BLAIZE R. BERTAGNA (State Bar No. 273069)
`PAUL HASTINGS LLP
`695 Town Center Drive, 17th Floor
`Costa Mesa, California 92626-1924
`Telephone: (714) 668-6200
`Facsimile: (714) 979-1921
`blakebertagna@pau!hastings.com
`
`-3-
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`JOINT CASE MANAGEMENT STATEMENT
`
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`3.
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`Status of Discovery
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`There has been no formal discovery by either pmiy to date in light of this Court's
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`discovery stay. Defendant has agreed to produce information requested by Plaintiff to facilitate
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`an effective mediation. If the pa1iies do not resolve this matter at mediation, the parties agree to a
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`lift of the discovery stay effective the date of the case management conference on March 17,
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`2017.
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`4.
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`Arbitration Clauses
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`Plaintiffs' Position
`
`Plaintiff is not aware of any applicable arbitration agreements.
`
`Defendant's Position
`
`Plaintiff's second cause of action for wrongful termination in violation of public policy is
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`subject to arbitration, pursuant to the At-Will Employment, Confidential Information, Invention
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`Assigmnent and Arbitration Agreement that Plaintiff executed on January 27, 2015. If the parties
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`fail to resolve this matter at mediation, Defendant will move promptly to sever Plaintiffs second
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`cause of action and compel it to arbitration.
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`5.
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`Related Litigation
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`The pmties arenot awm·e of any related cases.
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`6.
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`Factual and Legal Issues
`
`Plaintiffs' Position
`
`This is a wage and hour PAGA action arising from Defendant's failure to pay wages in a
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`timely manner at the end of each pay period. Labor Code § 204( d) requires employees to be paid
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`out by the seventh (ih) day following the closing of the pay period if employees are paid on a
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`weekly or bi-weekly basis. Defendant, who paid its employees on a bi-weekly basis, had a
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`consistent policy of paying the wages of its employees on the eighth (8t11
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`) day or later following
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`the close of the respective pay period, and thus, beyond the time periods as allowed pursum1t to
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`Labor Code § 204. This PAGA action is being sought on behalf of Defendant's other aggrieved
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`-4-
`JOINT CASE MANAGEMENT STATEMENT
`
`
`
`employees.
`
`In addition to the PAGA action, Plaintiff also asserts individual claims for wrongful
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`tem1ination in violation of public policy. Specifically, Plaintiff engaged in protected activity by
`
`removing alcohol from the workplace (due to fear for her personal safety and the safety of co(cid:173)
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`workers), and to prevent sexual harassment. However, by exercising such rights, Plaintiff was
`
`terminated from her employment.
`
`Defendant's Position
`
`Plaintiff was employed by Defendant from approximately January 27, 2015 to April 12,
`
`2016 as a Program Manager. In late March 2016, a Google employee reported that several
`
`personal items had gone missing. Google's asset investigations team confirmed tln·ough video
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`evidence that Plaintiff had talrnn the reported items. During its investigation, Plaintiff provided
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`inconsistent accmmts of her actions, which Google deemed to lack credibility. As a result,
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`Google tenninated Plaintiffs employment for violation of company policy and the dishonest
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`conduct she exhibited.
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`Google denies that its payroll schedule was inconsistent with section 204 of the Labor
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`Code. Moreover, Plaintiff cam1ot show that she or any of the members of the group she seeks to
`
`represent were aggrieved. An award of civil penalties under PAGA would result in an award that
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`is unjust, arbitrary, and oppressive.
`
`7.
`
`Plaintiffs' Position
`
`The Parties are scheduled to mediate this lawsuit on March 13, 2017 with mediator David
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`Rotman.
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`JOINT CASE MANAGEMENT STATEMENT
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`
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`8.
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`Phased or Limited Discovery
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`As this is a PAGA action, without any class allegations, the paiiies do not see any need to
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`phase discovery.
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`Dated: March 2, 2017
`
`LARRYW.LEE
`NICHOLAS ROSENTHAL
`DIVERSITY LAW GROUP
`
`.~----
`By:~
`
`C::----
`Lany W. Lee
`Attorneys for Plaintiff Mihika Baid
`
`7
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`Dated: March 2, 2017
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`WILLIAM L. MARDER
`POLARIS LAW GROU
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`14 Dated: March 2, 2017
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`By:~~l-'-+fh_1t_~_A~o __ f(_ -=-c.,,,_,4_---=-
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`Willia.in L. Marder
`Attorneys for Plaintiff Mihika Baid
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`ZACHARYP. HUTTON
`BLAKER. BERTAGNA
`PAUL HASTINGS LLP
`
`-6-
`JOINT CASE MANAGEMENT STATEMENT
`
`
`
`PROOF OF SERVICE
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`(Code of Civil Procedure Sections 1013a, 2015.5)
`
`ST A TE OF CALIFORNIA
`
`COUNTY OF LOS ANGELES
`
`]
`]ss.
`]
`
`I am employed in the County of Los Angeles, State of California. I am over the age of
`18 and not a paiiy to the within action; my business address is 515 S. Figueroa Street, Suite
`1250, Los Angeles, California 90071.
`
`On March 2, 2017, I served the following document(s) described as: JOINT CASE
`MANAGEMENT STATEMENT on the interested parties in this action as follows:
`
`Zachary P. Hutton
`Paul Hastings LLP
`55 Second Street, 24111 Floor
`San Francisco, California 94105
`Attorneys.for Defendant Google Inc.
`
`Blake R. Bertagna
`Paul Hastings LLP
`695 Town Center Drive, 17111 Floor
`Costa Mesa, California 92626-1924
`Attorneys.for Defendant Google Inc.
`
`BY ELECTRONIC SERVICE: Based on a court order I caused the above-
`X
`entitled document(s) to be served through the Odyssey eFileCA E-Filing System at the website
`www.california.tylerhost.net, addressed to all parties appearing on the electronic service list for
`the above-entitled case. The service transmission was reported as complete and a copy of the
`filing receipt/confirmation will be filed, deposited, or maintained with the original document(s)
`in this office.
`
`I declare under penalty of pe1jury under the laws of the State of California that the
`above is true and correct. Executed on March 2~geleFia.
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