KIEU v. LUBRIZOL ADVANCED MATERIALS, INC. AND EXTRUMED INC
Quintilone & Associates is currently investigating unpaid wage claims for the following employees: All persons who are employed or have been employed by Defendants Lubrizol AdvancedMaterials, Inc. and Extrumed Inc., (collectively “Defendants”). as non-exempt Production employees in the State of California who, during any time from four years prior to the filing of this class action (August 7, 2014) to the present, have worked as non-exempt employees.
Vesta Inc. (Franklin, WI), a support services company for the OEM medical device industry that provides silicone moldings, thermoplastic extruded tubing, assemblies, and secondary operations, completed its acquisition of Extrumed (located in Placentia, CA) in 2009, who is the largest independent manufacturer of precision thermoplastic tubing for diagnostic and therapeutic medical devices and procedures.
Though this action has been
pending for almost 5 years Defendant has not produced the majority of documents
requested in discovery causing the delay of many of the California employees from
being properly compensated. We are
attempting to identify and notify as many employees as possible about the
existence of this action and their rights under the California Labor Code.
Background of the Action
On August 7, 2018,
Plaintiff Nghia Phuoc Kieu (“Plaintiff”) on behalf of himself and all other
employees similarly situated initiated a suit against Lubrizol Advanced
Materials, Inc. and Extrumed Inc, (collectively “Defendants”). Plaintiff brings
eight causes of action resulting from his employment with Defendants: (1)
Failure To Pay Wages Including Overtime; (2) Failure To Provide Meal Periods;
(3) Failure To Provide Rest Periods; (4) Failure To Provide Itemized
Statements; (5) Failure To Pay Wages Twice Monthly; (6) Failure to Pay
Termination Pay; (7) Unlawful Competition And Unlawful Business Practices; and
(8) Violation of the Private Attorney General Act.
Plaintiff and the Class
Members are, and at all times pertinent hereto, have been, non-exempt
production employees such as assemblers working on an assembly line within the
meaning of the California Labor Code. Plaintiff was employed by Defendants as a
“Quality Control” employee which is an hourly, non- exempt position.
Plaintiff would routinely work
eight (8) to twelve (12) hours per day but did not receive all of his wages,
overtime, as well as his required meal and rest periods due the production
demands of the Defendants.
Plaintiff would routinely work
more than eight (8) hours in a day or forty (40) hours in a week but did not
receive overtime compensation as per the Labor Code. When Plaintiff would work
the second shift (2:00 pm – 10:30 pm), Plaintiff was paid a five percent (5%)
shift differential, however Defendants failed to calculate the overtime rate
correctly to include the shift differential.
Plaintiff’s paychecks did not
have a separate category for shift differential pay and listed “Lubrizol” as
the employer but his W2 identified “Extrumed Inc.” as the employer which causes
confusion as to the true identity of the employer. As a result, Plaintiff did
not know who to contact, was unable to understand how his pay was calculated,
or if he was paid properly for all hours worked.
Defendants routinely maintained
a practice of failing to provide lawful meal and rest periods, overtime pay,
and other items listed herein in accordance with the California Labor Code.
Defendants knew or should have known about the aforementioned infractions but
instead did not take any action to remedy or even address.
Plaintiff and Plaintiff’s
counsel have made numerous attempts to obtain documents from Defendants
relating timekeeping, wages, and general practices and policies among other
documents. Defendants refused to provide any such discovery.
Meet and Confer Efforts Prior to
a Motion to Compel and Call to Action
On October 6, 2021, Plaintiff
served its first set of discovery requests on Defendant, including Requests for
Production, Special Interrogatories, Requests for Admission, and Form
Interrogatories – General and Employment. Attached as Exhibit A is a true and
correct copy of Set One of Plaintiff’s discovery. See Quintilone Decl., ¶ 5.
On April 21, 2022 Defendant
responded with numerous objections and produced no documents or information.
Quintilone Decl., ¶ 6.
Defendant Lubrizol failed to produce a single document. Counsel for Lurbizol met and conferred with Plaintiff’s counsel on May 20, 2022. At the meet and confer conference Defendant Lubrizol’s counsel positioned that Lubrizol is improperly named in this matter and as such should be dismissed. On Defendant Lubrizol’s counsel also positioned that they will not be providing any supplemental responses to discovery. Plaintiff’s personnel file, which was partially responsive to Plaintiff’s request for production of documents, set one, Defendant did not produce documents as they pertain to all of the Plaintiff’s employment agreements.
Plaintiff is seeking assistance from any current or former employee to reach out and discuss their personal experiences at the Defendant's locations in California as Defendant has refused to provide class contact information to allow counsel to properly investigate the claims and prepare a motion for class certification if appropriate. If the claims do not warrant class certification, the matter will resolve.
Investigation of Claims
This blog is for informational purposes about the class action lawsuit and how you, only as a class member identified above, can participate if interested.
We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct. If you would like a copy of the Complaint or have any questions regarding this case please contact:
Richard E. Quintilone II, Esq. Jeffrey T. Green Esq. Kyle J. Gallego Esq. Quintilone & Associates 22974 El Toro Road, Suite 100, Lake Forest, CA 92630-4961 Telephone: 949.458.9675 Email: req@quintlaw.com Email: jtg@quintlaw.com Email kjg@quintlaw.com Web: www.quintlaw.com
PLEASE BE ADVISED THAT ALL CALIFORNIA EMPLOYERS ARE STRICTLY PROHIBITED FROM RETALIATING AGAINST EMPLOYEES FOR PARTICIPATING IN OUR INVESTIGATION.
If you feel that you or other
workers have been subjected to retaliation or intimidation, please contact us
or the California Department of Industrial Relations, Division of Labor
Standards Enforcement immediately.
See http://www.dir.ca.gov/dlse/ Please contact us at the phone number or email
address above so we may continue our investigation of the
allegations in this case.
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