Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-04950-CRB

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1 WILLIAM R. TAMAYO - #084965 (CA) 2 SANYA HILL MAXION - #18731 (WA) 3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Francisco District Office San Francisco, CA 94105 JONATHAN T. PECK - #12303 (VA)

4 350 The Embarcadero, Suite 500 5 Telephone No. (415) 625-5650 6
Fax No. (415) 625-5657 E-mail: [email protected]

7 Attorneys for Plaintiff 8 ANDREW L. SATENBERG ­SBN#174840 9 MANATT, PHELPS & PHILLIPS, LLP 10 Los Angeles, CA 90064-1614 11 Facsimile: (310) 312-4224 12
Telephone: (310) 312-4000 E-mail: [email protected] [email protected] COMMUNITY DENTAL SERVICES, INC. DBA 11355 West Olympic Boulevard NOEL S. COHEN-SBN#219645

13 JEFFREY KATZ ­SBN #137246 14 SMILECARE
2 Macarthur Place, Suite 700 Telephone: (714) 708-5348

15 South Coast Metro, CA 92707-7705 16 Facsimile: (714) 850-3350 17
E-mail: [email protected]

Attorneys for Defendant and Third Party Plaintiff 18 Community Dental Services, Inc., dba SmileCare

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EQUAL EMPLOYMENT OPPORTUNITY ) ) ) Plaintiff, ) ) v. ) ) COMMUNITY DENTAL SERVICES, ) INC., dba SMILECARE, ) ) ) ) ) Defendant. ) )

22 COMMISSION, 23 24 25 26 27 28

Case No. C-07-4950-CRB JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER DATE: TIME: Friday, April 18, 2008 8:30 a.m.

PLACE: Courtroom 8, 19th Floor

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER, CASE NO. C-07-4950-CRB

Case 3:07-cv-04950-CRB

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Pursuant to this Court's Civil Local Rule ("Civ. L.R.") 16-9, the parties jointly submit this

2 Case Management Statement and Proposed Order. Each party certifies that its lead trial counsel 3 who will try this case met and conferred for the preparation of this Statement as required by Civ. 4 L.R. 16-3. 5 6 I. 7 8 9
The parties make the following representations and recommendations: FACTS A. A Brief Description Of The Events Underlying The Action 1. Plaintiff's Description Of The Case

The EEOC filed this action pursuant to Title VII of the Civil Rights Act of 1964 and Title I of

10 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and 11 retaliation, and to provide appropriate relief, if any, to Nicole Rooney, Bethany Sanders, and similarly 12 situated women, who were adversely affected by such practices. Plaintiff EEOC alleges that 13 Defendant Community Dental Services, Inc., dba Smilecare ("Defendant") subjected Ms. Rooney and 14 Ms. Sanders and other women, to unlawful discrimination based on their sex, and to unlawful 15 retaliation after they expressed their opposition to the unlawful discrimination. 16 17
2. Defendant's Description Of The Case

Defendant and Third Party Plaintiff Community Dental Services, Inc., dba SmileCare

18 ("SmileCare") denies all allegations of wrongdoing. To the extent the Charging Parties have been 19 damaged as alleged, SmileCare is contractually entitled to be held harmless and indemnified by 20 Third Party Defendant, Dr. Baju Reddy, an independent contractor for SmileCare. SmileCare is in 21 the process of serving Dr. Reddy, and anticipates that he will be served at the time of the Case 22 Management Conference. 23 II. 24 25 26 27 28
2. LEGAL ISSUES 1. Whether Defendant engaged in unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964 by subjecting Ms. Rooney and Ms. Sanders and other women, to unlawful discrimination based on their sex. Whether Defendant engaged in unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964 by subjecting Ms. Rooney and Ms. Sanders and 2
JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER, CASE NO. C-07-4950-CRB

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1 2 3 4 5 6 7 8 9 10 11 12 III. 13 14 15 16
6. 5. 4. 3.

other women, to unlawful retaliation after they expressed their opposition to the unlawful discrimination. Whether Ms. Rooney and Ms. Sanders and other women suffered economic loss because of the acts alleged in the Complaint; Whether Ms. Rooney and Ms. Sanders and other women suffered emotional distress or pain and suffering as a result of the acts alleged in the Complaint; Whether Ms. Rooney and Ms. Sanders and other women is entitled to any punitive damages. Whether Dr. Reddy is obligated to contractually or equitably indemnify and/or pay contribution if SmileCare incurs any damages, costs or expenses as a result of any damages or other awards that Plaintiff may recover against SmileCare. MOTIONS A. Prior And Pending Motions

There have been no prior and pending motions to date. B. Plaintiff's Anticipated Motions

Plaintiff does not anticipate filing a motion for summary judgment, but reserves the right to

17 do so if it is later deemed appropriate. 18
C. Defendant's Anticipated Motions

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SmileCare may file a motion for summary judgment, and reserves the right to do so.

20 21 22 23 V. 24 25 26 27
IV. AMENDMENT OF PLEADINGS Not applicable at this time. EVIDENCE PRESERVATION A. Plaintiff's Actions

Plaintiff has preserved the EEOC's administrative file. B. Defendant's Actions

SmileCare has taken necessary steps to preserve all potentially discoverable materials,

28 including those in electronic form.
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1 VI. 2

DISCLOSURES Both parties agree to make the requisite initial disclosures under Federal Rule of Civil

3 Procedure 26 on or before April 10, 2008. 4 VII. 5 6
DISCOVERY A. Plaintiff's Discovery

Plaintiff has not yet begun discovery in this action. Plaintiff intends to pursue the following

7 methods of discovery: interrogatories, document requests, requests for admissions, and depositions. 8
Plaintiff has not yet determined which individuals it will depose. Plaintiff may also seek a Rule 34

9 inspection of premises. 10 11
B. Defendant's Discovery

SmileCare has not yet begun discovery in this action. SmileCare intends to pursue the

12 following methods of discovery: interrogatories, document requests, requests for admissions, and 13 depositions. At this time, SmileCare intends to depose Dr. Reddy, Ms. Rooney, and Ms. Sanders. 14 SmileCare reserves the right to take additional depositions if deemed necessary. 15 VIII. CLASS ACTIONS 16
Although this case does involve more than one claimant, this case is not a Fed. R. Civ. P. 23

17 class action. 18 IX. 19 20 X. 21 22
RELATED CASES There are no related cases. RELIEF A. Plaintiff's Position

Plaintiff will seek the full panoply of damages available under the Title VII of the Civil

23 Rights Act of 1964 and Title I of the Civil Rights Act of 1991, including but not limited to back 24 wages, compensatory and punitive damages, injunctive relief and any other affirmative relief 25 necessary to eradicate the effects of the alleged unlawful practices. As Smilecare employs more 26 than 900 employees companywide, the statutory limit on compensatory and punitive damages is 27 $300,000 per victim. 28
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B.

Defendant's Position

SmileCare submits that Plaintiff is not entitled to any damages, let alone an award of

3 punitive damages. As to Plaintiff, SmileCare seeks an Order dismissing the entire Complaint and 4 awarding SmileCare its attorneys' fees and costs. To the extent the Charging Parties have been 5 damaged as alleged, SmileCare is entitled to be held harmless and indemnified by Third Party 6 Defendant. 7 XI. 8 9 XII. 10
SETTLEMENT AND ADR Plaintiff and SmileCare agree to participate in the Court's Mediation Program. CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES SmileCare has declined to consent to the assignment of this case to a United States

11 Magistrate Judge. The EEOC is willing to consent to the assignment of this case to a United States 12 Magistrate Judge. 13 XIII. OTHER REFERENCES 14
N/A

15 XIV. NARROWING OF ISSUES 16
At this time, there are no dispositive or partially dispositive issues appropriate for decision

17 by motion or by agreement. 18 XV. 19
EXPEDITED SCHEDULE The parties do not believe that this is the type of case that can be handled on an expedited

20 basis with streamlined procedures. 21 XVI. SCHEDULING 22 23 24 25
(c) Expert Discovery to be completed by February 13, 2009. Pretrial Conference to be conducted on April 28, 2009 at 2:30 p.m. Trial requested for May 11, 2009. 5
JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER, CASE NO. C-07-4950-CRB

The parties agree to the following proposed schedule: (a) (b) Non-Expert Discovery to be completed by January 9, 2009. Dispositive Motions to be heard by March 13, 2009.

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(d) (e)

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1 XVII. TRIAL 2
Plaintiff estimates a 7-10 day trial. SmileCare estimates a 5-7 day trial.

3 XIX. DISCLOSURE OF NON-PARTY INTERESTD ENTITIES OR PERSONS 4
A. Plaintiff's Disclosure

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To date, Plaintiff is not aware of any non-party entities or persons that (i) have a financial

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interest in the subject matter in controversy or in a party to the proceeding; or (ii) have a non-

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financial interest in that subject matter or in a party that could be substantially affected by the

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outcome of this proceeding. Plaintiff EEOC reserves the right to supplement this disclosure should

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additional facts become known to it during the discovery process.

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B. Defendant's Disclosure To date, SmileCare is not aware of any non-party entities or persons that (i) have a financial

13 interest in the subject matter in controversy or in a party to the proceeding; or (ii) have a non14 financial interest in that subject matter or in a party that could be substantially affected by the 15 outcome of this proceeding. SmileCare reserves the right to supplement this disclosure should 16 additional facts become known to it during the discovery process. 17 XVIII. OTHER MATTERS 18
The parties are not aware of any other matters at this time conducive to the just, speedy, and

19 inexpensive resolution of this matter. 20 Dated: 21 22 23 24 Dated: 25 26 27
April 8, 2008 _____________/s/______________________ ANDREW L. SATENBERG MANATT, PHELPS & PHILLIPS, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064-1614 Tel. No. (310) 312-4000 April 8, 2008 ___/s/___________________ SANYA HILL MAXION Attorney for Plaintiff EEOC 350 The Embarcadero, Suite 500 San Francisco, CA 94105 Tel. No. (415) 625-5650

Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Andrew L. Satenberg hereby attests that concurrence in the filing of this document has been 28 obtained. 6
JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER, CASE NO. C-07-4950-CRB

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The Court finds that the EEOC and SmileCare were represented by lead trial counsel

2 responsible for trial of this matter and were given an opportunity to be heard as to all matters 3 encompassed by this Case Management Statement and Proposed Order filed prior to this 4 conference. The Court adopts this statement as modified and enters this Order pursuant to Civ. LR 5 16-10(b). 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER, CASE NO. C-07-4950-CRB

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The foregoing joint statement is adopted by this court as the Case Management Order in this

2 action in accordance with Civ. LR 16 and other applicable Local Rules, and shall govern all further 3 proceedings in this action. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER, CASE NO. C-07-4950-CRB
41226460.1

IT IS SO ORDERED. DATE: _______________________________ CHARLES R. BREYER UNITED STATES DISTRICT JUDGE