Free Motion for Protective Order - District Court of California - California

Case 3:07-cv-02178-W-AJB

Document 22-5

Filed 04/18/2008

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SEYF ARTH SHAW LLP Samuel T. McAdam (SBN 186084) 2 Brandon R. McKelvey (SBN 2.1 7002) Anthony 1. Musante (SBN 252097)
3 400 Capitol Mall, Suite 2350

Sacramento, California 95814-4428
4 Telephone: (916) 448-0159

Facsimile: (916) 558-4839
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Attorneys for Defendants 6 SPHERION ATLANTIC ENTERPRISES LLC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
PHILIP 1. MARTINET, Individually, On Behalf) of All Others Similarly Situated, and on Behalf )

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Case No. 07 CV 2178 W (AlB)

of the General Public, )

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v. )
I, Alfredo Echeverria, declare:

Plaintiff, )
)

DECLARATION OF ALFREDO ECHEVERRA IN SUPPORT OF
DEFENDANT'S MOTION FOR A PROTECTIVE ORDER UNDER FEDERAL RULE OF CIVIL PROCEDURE 26(c)
Date: Time:

) )

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SPHERION ATLANTIC ENTERPRISES LLC, ) a Delaware Limited Liability Company; and )

May 16,2008
lO:OOam

DOES 1 through 50, inclusive, )

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Defendant. )
)

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Courtroom: A - First Floor Hon. Anthony J. Battaglia Judge:

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1. I am an HR analysis and reporting manager at Spherion Atlantic Enterprises LLC.
have personal knowledge of the facts set forth in this declaration and if called as a witness, I
would and could testify to the truth of these matters.
2.

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In my capacity as HR analysis and reporting manager, my current duties include

human resources reporting and resource metrics. I am generally familiar with Spherion
Atlantic's operations and have familiarity with the companies human resources systems and
databases. I have performed queries ofSpherion's data related to Sphcrion's clientele in
California and am generally familiar with the results of

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those queries. I am also familiar with the

number of branches, divisions, franchisees, and licensees conducting business in California.

DECLARATION OF ALFREDO ECHEVERRIA IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTECTIVE ORDER
SC1 17092580.1

Case 3:07-cv-02178-W-AJB

Document 22-5

Filed 04/18/2008

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3.

Spherion is a staffng company that recruits employees for job assignments in

2 United States (including California) and Canada. Spherion's clients include businesses,

3 governent agencies, non-protìt entities, and other organizations. Spherion serves many
4 different industries including: retail, construction, legal services, manufacturing,

5 pharmaceuticals, commercial and residential real estate, insurance, mortgage and loan,
6 automotive, plumbing, financial services and banking, securities, consumer credit, engineering, 7 waste collection, education, public utilities, airline, cable and internet, media, business services,
8 packaging and shipping, food services, beverage and wine, bottling, computers and electronics,

9 entertainment and motion picture, transportation, travel and hotel, agricultue, marketing and
10 advertising, telecommunications, publishing, internet, information technology, charitable and
11 religious, militar, county and city government, and numerous state agencies.

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4.

There are curently over 600 local Spherion offces throughout the United States.

13 Over the last four years there have been between 45 and 58 local offices in California. Among

14 these offices there are a number ofSpherion-operated branch offces throughout the state, client15 specific offices catering to a particular client, and offces nm by franchisees and licensees. In

16 California, there are currently 9 Spherion licensees (in Bakersfield, Fresno, Goleta, Monterey,
17 Oxnard, Palm Desert, Salinas, Stockton, and Visalia) and 2 Spherion franchises (in Chico and

1 8 Redding).
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5.

Spherion serves over 3000 clients with over 15,000 locations on thousands of

20 projects and assignments. Spherion's clients range from large fortune 500 companies to small

21 local (mom-and-pop) businesses. Spherion's clients also include government agencies,

22 charitable and religious organzations, and non-profit entities.
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Each year Spherion recruits thousands of individuals in California for a'isignments

24 at thousands of different locations with thousands of different clients. Spherion employees have

25 thousands of different job titles and perform thousands of different job duties. Many
26 assignments have short duration. There is a

high attrition rate due to the nature of Spherion's

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SCI 17092580.1 Case No. 07 CV 2178 W (AJB)

DECLARATION OF ALFREDO ECHEVERRIA IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTECTIVE ORDER

Case 3:07-cv-02178-W-AJB

Document 22-5

Filed 04/18/2008

Page 3 of 4

7. My understanding is that the plaintiff in this case has asked for the full name,
2 address, telephone number, job title and description, and dates of employment for all California

3 employees from September 2003 to the present. Compiling an accurate and comprehensive list
4 of

this information would be ar incredibly diffcult task. To my knowledge a task like this has

5 never been done before at Spherion. During the time period requested (September 2003 to the

6 present), Spherion has maintained multiple employee database systems, which would contain the
7 requested information. Some of

these systems are no longer in operation and are archived.

8 Spherion has acquired several companes durng the requested time period and not all data from
9 these companies was immediately transitioned over to Spherion' s systems, which would create
10 further diffculties. In addition, some of the requested information, particularly employee job

1 1 descriptions, would have to be manually generated for thousands of employees as this
12 information is not contained in any of

the human resources databases/systems that Spherion has

13 used since September 2003. Providing dates of employment would also be a significant
14 challenge as employees for Spherion may have multiple periods of employment and would in

15 some cases require obtaining data from multiple sources.
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Because Spherion has never generated a list like the one requested, it is diffcult

17 to estimate the amount of time it would take to gather this information and produce it in an
18 accurate and usable format. Such a task would be beyond my ability to complete and Spherion

19 would need to hire an information technology consultant to assist with this project. I would
20 estimate that it would take five weeks of a consultant's time (roughly 200 hours) to work on this
21 project. A qualified consultant in this area would cost approximately $ 1 00 per hour. I would

22 further estimate that such a project would tae at least two weeks of my time and at least one

23 other Spherion employee's time at approximately $50 per hour. Total cost for the project would

24 be approximately $28,000 ((200 hours x $ per hour) + (160 hours x $50 per hour)), but could
25 easily exceed this amount if difficulties were encountered with the data. This estimate does not

26 include the time it would take for an individual or group of individuals to separately look up job
27 descriptions for the thousands of California employees working at thousands of different
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SC J 17092580.1 Case No. 07 CY 2178 W (AJI)

DECLARA TION OF ALFREDO ECHEVERRIA IN SUPPORT OF DEFENDANT'S MOTION fOR A PROTECTIVE ORDER

Case 3:07-cv-02178-W-AJB

Document 22-5

Filed 04/18/2008

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locations throughout the state. To the extent this could even be done, it would take hundreds if
2 not thousands of

hours.

3 I declare under penalty of perjury under the laws of the State of California that the

4 foregoing is tre and correct. Executed on April 16, 2008, in Fa (1 k"u. luct~ e.
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Florida.

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SC1 17092580.1 Case No. 07 CV 2178 W (AJß)

DECLARA nON OF ALFREDO ECHEVERRIA IN SUPPORT OF DEFENDANT'S MOTION !'R A PROTECTIVE ORDER