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1 Carolyn H. Cottrell (SBN 166977)
David C. Leimbach (SBN 265409)
2 SCHNEIDER WALLACE
COTTRELL KONECKY LLP
3 2000 Powell Street, Suite 1400
Emeryville, California 94608
4 Telephone: (415) 421-7100
Facsimile: (415) 421-7105
5 ccottrell@schneiderwallace.com
dleimbach@schneiderwallace.com
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Attorneys for Plaintiff Rachel Moniz,
7 the State of California, and Aggrieved Employees
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF SAN MATEO
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11 RACHEL MONIZ, on behalf of the State of Case No. 17CIV01736
California and aggrieved employees,
12 Assigned for All Purposes to
Plaintiff, Hon. Marie S. Weiner, Dept. 2
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vs. DECLARATION OF DAVID C.
14 LEIMBACH IN SUPPORT OF
ADECCO USA, INC., and DOES 1-50, PLAINTIFF’S OPPOSITION TO MOTION
15 inclusive, BY PAOLA CORREA AND HER
ATTORNEYS FOR FEES AND
16 Defendants. ENHANCEMENT/SERVICE AWARD
17 Date: April 25, 2023
Time: 2:00 pm
18 Place: Dept. 2
Judge: Hon. Marie S. Weiner
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Complaint Filed April 18, 2017
20 Trial Date: Vacated
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DECLARATION OF DAVID C. LEIMBACH IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION BY
PAOLA CORREA AND HER ATTORNEYS FOR FEES AND ENHANCEMENT/SERVICE AWARD
Moniz v. Adecco USA Inc., et al. Case No. 17CIV01736
1 I, David C. Leimbach, hereby declare as follows:
2 1. I am an attorney duly licensed to practice law in the State of California. I am a
3 member in good standing of the State Bar of California, I am admitted to the United States District
4 Courts for the Northern, Eastern, Central, and Southern Districts of California. I am admitted to the
5 Ninth Circuit Court of Appeals.
6 2. I am a Partner at Schneider Wallace Cottrell Konecky LLP (“SWCK”). SWCK
7 specializes in class action and Private Attorneys General Act of 2004 (“PAGA”) litigation in state
8 and federal court.
9 3. SWCK represents Plaintiff Rachel Moniz, on behalf of the State of California and
10 Aggrieved Employees (“Plaintiff” or “Moniz”). SWCK has prosecuted the above-captioned
11 consolidated action filed against Defendant Adecco USA, Inc.
12 4. I submit this declaration in support of Plaintiff’s Opposition to Motion by Paola
13 Correa and Her Attorneys for Fees and Enhancement/Service Award. I have been actively involved
14 in the prosecution of this action. I am familiar with the file, the documents, and the history related
15 to this action. The following statements are based on my personal knowledge and review of the files.
16 If called to do so, I could and would testify competently thereto.
17 5. The Court previously approved attorneys’ fees to Plaintiff’s counsel pursuant to its
18 January 15, 2020 Order Re: Attorneys’ Fees, Costs and Incentive Award. At that time, the Court
19 approved fees in the amount of $1,500,000.00 and costs in the amount of $32,000 to Plaintiff’s
20 counsel, Schneider Wallace Cottrell Konecky LLP.
21 6. The Court’s January 15, 2020 Order Re: Attorneys’ Fees, Costs and Incentive Award
22 was based on Plaintiff’s request for SWCK’s fees and costs as set forth in Plaintiff’s September 6,
23 2019 Renewed Motion to Approve Settlement Pursuant to Private Attorneys General Act of 2004. At the
24 time of the September 6, 2019 renewed motion, SWCK’s lodestar in this action, at its then-current rates,
25 was approximately $897,238.00.
26 7. Since this settlement was first approved, SWCK has incurred an additional
27 $437,951.00 in fees. The fees and costs SWCK has incurred since September 6, 2019 are directly
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DECLARATION OF DAVID C. LEIMBACH IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION BY
PAOLA CORREA AND HER ATTORNEYS FOR FEES AND ENHANCEMENT/SERVICE AWARD
Moniz v. Adecco USA Inc., et al. Case No. 17CIV01736
1 attributable to, and were necessarily incurred as a result of, the efforts of Paola Correa and her
2 attorneys to undermine the settlement in this case.
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4 I declare under penalty of perjury under the laws of the State of California that the foregoing
5 is true and correct. Executed this 15th day of March, 2023, at San Francisco, California.
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David C. Leimbach
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Attorney for Plaintiff Rachel Moniz and
10 the State of California
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DECLARATION OF DAVID C. LEIMBACH IN SUPPORT OF RENEWED MOTION TO APPROVE
SETTLEMENT PURSUANT TO PRIVATE ATTORNEYS GENERAL ACT OF 2004
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1 Carolyn H. Cottrell (SBN 166977) David C. Leimbach (SBN 265409) 2 SCHNEIDER WALLACE COTTRELL KONECKY LLP 3 2000 Powell Street, Suite 1400 Emeryville, California 94608 4 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 5 ccottrell@schneiderwallace.com dleimbach@schneiderwallace.com 6 Attorneys for Plaintiff Rachel Moniz, 7 the State of California, and Aggrieved Employees 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 11 RACHEL MONIZ, on behalf of the State of Case No. 17CIV01736 California and aggrieved employees, 12 Assigned for All Purposes to Plaintiff, Hon. Marie S. Weiner, Dept. 2 13 vs. DECLARATION OF DAVID C. 14 LEIMBACH IN SUPPORT OF ADECCO USA, INC., and DOES 1-50, PLAINTIFF’S OPPOSITION TO MOTION 15 inclusive, BY PAOLA CORREA AND HER ATTORNEYS FOR FEES AND 16 Defendants. ENHANCEMENT/SERVICE AWARD 17 Date: April 25, 2023 Time: 2:00 pm 18 Place: Dept. 2 Judge: Hon. Marie S. Weiner 19 Complaint Filed April 18, 2017 20 Trial Date: Vacated 21 22 23 24 25 26 27 28 1 DECLARATION OF DAVID C. LEIMBACH IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION BY PAOLA CORREA AND HER ATTORNEYS FOR FEES AND ENHANCEMENT/SERVICE AWARD Moniz v. Adecco USA Inc., et al. Case No. 17CIV01736 1 I, David C. Leimbach, hereby declare as follows: 2 1. I am an attorney duly licensed to practice law in the State of California. I am a 3 member in good standing of the State Bar of California, I am admitted to the United States District 4 Courts for the Northern, Eastern, Central, and Southern Districts of California. I am admitted to the 5 Ninth Circuit Court of Appeals. 6 2. I am a Partner at Schneider Wallace Cottrell Konecky LLP (“SWCK”). SWCK 7 specializes in class action and Private Attorneys General Act of 2004 (“PAGA”) litigation in state 8 and federal court. 9 3. SWCK represents Plaintiff Rachel Moniz, on behalf of the State of California and 10 Aggrieved Employees (“Plaintiff” or “Moniz”). SWCK has prosecuted the above-captioned 11 consolidated action filed against Defendant Adecco USA, Inc. 12 4. I submit this declaration in support of Plaintiff’s Opposition to Motion by Paola 13 Correa and Her Attorneys for Fees and Enhancement/Service Award. I have been actively involved 14 in the prosecution of this action. I am familiar with the file, the documents, and the history related 15 to this action. The following statements are based on my personal knowledge and review of the files. 16 If called to do so, I could and would testify competently thereto. 17 5. The Court previously approved attorneys’ fees to Plaintiff’s counsel pursuant to its 18 January 15, 2020 Order Re: Attorneys’ Fees, Costs and Incentive Award. At that time, the Court 19 approved fees in the amount of $1,500,000.00 and costs in the amount of $32,000 to Plaintiff’s 20 counsel, Schneider Wallace Cottrell Konecky LLP. 21 6. The Court’s January 15, 2020 Order Re: Attorneys’ Fees, Costs and Incentive Award 22 was based on Plaintiff’s request for SWCK’s fees and costs as set forth in Plaintiff’s September 6, 23 2019 Renewed Motion to Approve Settlement Pursuant to Private Attorneys General Act of 2004. At the 24 time of the September 6, 2019 renewed motion, SWCK’s lodestar in this action, at its then-current rates, 25 was approximately $897,238.00. 26 7. Since this settlement was first approved, SWCK has incurred an additional 27 $437,951.00 in fees. The fees and costs SWCK has incurred since September 6, 2019 are directly 28 2 DECLARATION OF DAVID C. LEIMBACH IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION BY PAOLA CORREA AND HER ATTORNEYS FOR FEES AND ENHANCEMENT/SERVICE AWARD Moniz v. Adecco USA Inc., et al. Case No. 17CIV01736 1 attributable to, and were necessarily incurred as a result of, the efforts of Paola Correa and her 2 attorneys to undermine the settlement in this case. 3 4 I declare under penalty of perjury under the laws of the State of California that the foregoing 5 is true and correct. Executed this 15th day of March, 2023, at San Francisco, California. 6 7 8 David C. Leimbach 9 Attorney for Plaintiff Rachel Moniz and 10 the State of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF DAVID C. LEIMBACH IN SUPPORT OF RENEWED MOTION TO APPROVE SETTLEMENT PURSUANT TO PRIVATE ATTORNEYS GENERAL ACT OF 2004