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

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

Document 22-4

Filed 04/18/2008

Page 1 of 5

1 SEYFARTH SHAW LLP
Samuel T. McAdam (SBN 186084)
2 Brandon R. McKelvey (SBN 217002)

Anthony J. Musante (SBN 252097)
3 400 Capitol Ma1l~ Suite 2350

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

Facsimile: (916) 558-4839
5

Attorneys for Defendants 6 SPHERION ATLANTIC ENTERPRISES LLC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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PHILIP J. MARTINT~ Individually~ On
Behalf of All Others Similady Sìtuated~ and
on Behalf of

) Case No. 07 CV 2178 W (AJB)

the General Public~

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Plaintiff~

) ) ) )

v.

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) )

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DECLARATION OF SCOTT HOLLAND IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTECTIVE ORDER UNDER FEDERAL RULE OF CIVIL PROCEDURE 26(c)
Date: Time:
May 16, 2008 10:00am Courtroom: A - First Floor Hon. Anthony J. Battaglia Judge:

SPHERION ATLANTIC ENTERPRISES
LLC~ a Delaware Limited Liabilty

Company; and DOES 1 through 50, inclusive,
Defendant.

)
) ) )

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18 I~ Scott Holland, declare:
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1.

I work for Spherion Atlantic Enterprises LLC as a human resources manager in

20 McLean, Virginia. I have personal knowledge ofthe facts set forth in this declaration and if
: 21 called as a witness, I would and could testify to the truth ofthese matters.

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2.

I have been employed with Spherion since April

2005. I am currently a human

23 resources manager for the professional services division ofthe company. My job responsibilties

24 include addressing human resources and employee relations issues throughout the United States

25 including California. I am generally familar with Spherion' s business operations~ its
26 professional service staffing unit, and its clients in California.

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3.

Spherion places individuals into temporary and long-term stafng positions

28 throughout the United States~ including California. Spherion clients include all maner of
DECLARATION OF scon HOLLAND IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTECTIVE ORDER

SCL1709262i. /34991-000232

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

Document 22-4

Filed 04/18/2008

Page 2 of 5

1 SEYFARTH SHAW LLP Samuel T. McAdam (SBN 186084)
2 Brandon R. McKelvey (SBN 217002)

Anthony J. Musante (SBN 252097)
3 400 Capitol Mall~ Suite 2350

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

Facsimile: (916) 558-4839
5

Attorneys for Defendants 6 SPHERION ATLANTIC ENTERPRISES LLC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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PHILIP J. MARTINT~ Individually, On
Behalf of All Others Similady Sìtuated~ and
on Behalf of

) Case No. 07 CV 2178 W (AJB)

the General Public,
Plaintiff~

12
13

) ) )

)
) ) )
) )

v.

14
15

DECLARATION OF SCOTT HOLLAND IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTECTIVE ORDER UNDER FEDERAL RULE OF CIVIL PROCEDURE 26(c)
Date: Time:
May 16, 2008
lO:OOam

SPHERION ATLANTIC ENTERPRISES LLC, a Delaware Limited Liabilty
Company; and DOES 1 through 50, inclusive,

)
)

16 17

Defendant.

)
)

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

18 i, Scott Holland, declare:
19
1.

I work for Spherion Atlantic Enterprises LLC as a human resources manager in

20 McLean, Virginia. I have personal knowledge of

the facts set forth in this declaration and if
these matters.

: 21 called as a witness, I would and could testify to the truth of

22

2.

I have been employed with Spherion since April

2005. I am currently a human

23 resources manager for the professional services division ofthe company. My job responsibilties

24 include addressing human resources and employee relations issues throughout the United States

25 including California. I am generally familar with Spherion' s business operations~ its
26 professional service staffing unit, and its clients in California.

27

3.

Spherion places individuals into temporar and long-term staffng positions

28 throughout the United States, including California. Spherion clients include all maner of
DECLARATION OF SCOTI HOLLAND IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTECTIVE ORDER
SCI 17092621. /34991-000232

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

Document 22-4

Filed 04/18/2008

Page 3 of 5

1 business~ governent, and non~profit organizations. Spherion employees work in numerous
2 industries and business sectors. Spherion~s professional service employees provide a wide
3 variety of specialized professional, skiled, and technical work to large blue-chip clients as well
4 as small local businesses. An employee's

job assignment may be temporary (lasting days or

5 weeks) or long term (lasting months or years). In addition to professional service employees
6 that Spherion places on assignment, Spherion has a number of

full-time employees who work in

7 local offces and manage Spherion~s day~to-day operations. Spherion employees have thousands

8 of different job titles, duties, and responsibilties. An employee's job title, however, mayor may
9 not accurately describe what he or she does on a day~to-day basis as job duties and requirements

10 are unque to each client.
11 4. Spherion has multiple offices in Californa that recruit employees for assignments
12 thtoughout the state and countr. Work assignments and projects are often very unique and

13 specifically tailored to a client or the client's customer's needs. Often times the terms of an
14 assignment are dictated by a contract between Spherion and its client. Although Spherion has
15 general policies~ many of Spherion~s policies are customized at the customer level to meet the

16 customer's needs. Workplace procedures and practices var widely from project to project

17 throughout California.
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5.

My understanding is that Plaintiff was recruited by the professional services unit

19 out of a branch offce in San Diego and was placed on a project supervised by an account

20 executive in Austin, Texas. Plaintiffs assignent was very unique as are many professional

.. 2 i services assignments. For example~ Spherion places multiple individuals on projects that have

22 unique managed service engagements. These individuals are typically recruited by either branch

23 or on-site assQciates. They are managed by Spherion on-site managers within a client facilty~

24 which reports up to the branch managing director and/or also to a national solutions director if it
25 is a national account. Each managed service engagement is specific to the client with site-

26 specific policies and procedures and utilzes customized procedures for that particular client.

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6.

Professional services assignments are often not constant or fixed and change from

28 time to time. For example~ Spherion has hired contract recruiters that were placed on client sites
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SCL1709262L. /34991-000232 Cftse No. 07 CV 2178 W (AJB)

DECLARATION OF SCOTI HOLLAND IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTEClIVE ORDER

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

Document 22-4

Filed 04/18/2008

Page 4 of 5

1 to recruit personnel for clients. These same recruiters were later brought into Spherion~s branch

2 offices to become regular full~time staff associates to recruit for Spherion. While on client sites
3 these recruiters reported to an account executive but were primarily responsible for managing

4 themselves and adhering to both Spherion general policies as well as specific client procedures
5 and practices. While working at Spherion's branches~ these recruiters were managed by
6 Spherion personnel and adhered to Spherion's general policies.

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7.

Another example of unique assignments are those higher level consultants

8 Spherion regularly places at various client engagements. These high level consultants are
9 recruited by the branch. They operate with much less day to day oversight, but report into an on10 site manager if on a large engagement or into an account executive or managing director for
11 other engagements. These assignments are customized to fit the scope of the contract with the

12 client and often times may require specialized skils and abilties. The practices and procedures
13 that these high level consultants follow vary from assignment to assignment.
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8.

It is my understanding that the plaintiff has requested a variety of documents and

15 information related to policies and procedures, training manuals~ employee handbooks, and other
16 employment information for all non-exempt California employees. To search for and gather all
i 7 the requested documents would take an inordinate amount oftime. In most cases someone at
18 each level of

the organization would have to be involved, as well as hundreds of clients.

i 9 Hundreds, if not thousands~ of contracts would have to be pulled and consulted. Many clients

20 would have to be individually contacted and document searches would have to take place at
21 numerous branch offices and client locations. I have reviewed the time estimates in the
22 Declaration of Joanie Orzoand believe that they are very conservative estimates of

the amount

23 of time it would take to gather the requested information and documents. I think it is very likely
24 that it could take significantly longer and cost significantly more tq complete a search for the

25 documents and information that plaintiff has requested. I also agree with Ms. Orzo that many of

26 the requested documents wil be diffcult to find as a result of the high attrition of Spherion
27 employees and the short duration of many assignments. A potential furher complication is the

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DECLARATION OF SCOTT HOLLAND IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTECTIVE ORDER

SCI 17092621. 134991-000232 Case No. 07 CV 2178 W (AJB)

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

Document 22-4

Filed 04/18/2008

Page 5 of 5

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fact that Spherion has recently acquired several companies and its business units or divisions have been splintered into multiple divisions or groups.
I declare under penalty of perjury under the laws of the State of

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California that the

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foregoing is true and correct. Executed on April

16, 2008~ in fJ6¿ ~ L. ~ Virgina.

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--~ ~
co t Holland

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SCI 17092621. /34991-000232 Ciie No. 07 CV 2178 W (AJB)

DECLARATION OF SCOTI HOLLAND IN SUPPORT OF DEFENDANT'S MOTION FOR A PROTECTIVE ORDER