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1 CHRISTINA HUMPHREY LAW, P.C. 10/21/2020
Christina A. Humphrey (SBN 226326)
2 8330 Allison Ave., Ste. C.
La Mesa, CA 91942
3 Telephone: (619) 488-6400
Email: christina@chumphreylaw.com
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5 TOWER LEGAL GROUP
James A. Clark (SBN 278372)
6 11335 Gold Express Drive, Ste. 105
Gold River, CA 95670
7 Telephone: (916) 233-2008
Email: james.clark@towerlegalgroup.com
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF PLACER
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12 CRAIG WEISS, JAMES ROWLAND, Case No.: No. S-CV-0036383
RYAN GOMEZ, JORGE IRAHETA,
13 PARNY MILIEN, PATRICK ROE, DECLARATION OF JAMES ROWLAND
ROBERT SCHRINER, SERGE IN SUPPORT OF PLAINTIFFS’
14 SHAHINIAN, JOSHUA TARIFF, PHILLIP UNOPPOSED MOTION FOR FINAL
APPROVAL OF CLASS ACTION
15 VIENER, DEREK MCELHANNON, SETTLEMENT, ATTORNEYS’ FEES
ALEENA IQBAL, EMIL MILISCI, AND COSTS, AND SERVICE AWARDS
16 CHRISTOPHER SYHARATH, RUBEN
SANTIAGO, and MICHAEL LANTIS, [Assigned for all purposes to
17 individually and on behalf of all other The Honorable Charles D. Wachob]
persons similarly situated, and on behalf of
18 the general public, [For the list of all documents filed
concurrently herewith, refer to the Notice of
19 Plaintiffs, Motion]
20 v. Date: November 13, 2020
Time: 8:30
21 CARMAX AUTO SUPERSTORES Dept: TBD
CALIFORNIA, LLC, a limited liability
22 company; CARMAX AUTO SUPERSTORES Action Filed: September 4, 2015
Trial Date: None Set
23 WEST COAST, INC., a corporation; and DOES
1 - 100, inclusive,
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Defendants.
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DECLARATION OF JAMES ROWLAND IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR
FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS’ FEES AND COSTS, AND SERVICE
AWARDS
1 DECLARATION OF JAMES ROWLAND
2 I, JAMES ROWLAND, declare:
3 1. I am one of the named plaintiffs in the above entitled action CRAIG WEISS and
4 JAMES ROWLAND, individuals and on behalf of other aggrieved employees, Plaintiffs, v.
5 CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, a limited liability company;
6 CARMAX AUTO SUPERSTORES WEST COAST, INC., a corporation; and DOES 1 - 100,
7 inclusive, Case No. S-CV-0036383.
8 2. I make this declaration on the basis of personal firsthand knowledge unless
9 another source of information or belief clearly appears from the context, and as to all such matters,
10 I believe them to be true. If called as a witness, I could and would readily and competently testify
11 to all matters stated below.
12 3. I worked for CarMax Auto Superstores (Defendant) as a Sales Consultant. I am
13 one of the original plaintiffs that initiated this action in 2015 (I was added as a Plaintiff in 2016)
14 and also initiated an action before the National Labor Relations Board (NLRB) challenging
15 Carmax’s arbitration policy.
16 4. Since retaining my Attorneys, Humphrey & Rist, LLP, which transitioned to
17 Christina Humphrey Law, P.C., and Tower Legal Group, P.C., I have actively participated in
18 assisting my lawyers with the prosecution of the claims. Among other things, I have provided
19 relevant documents to my attorneys, helped them understand documents, spoken to them on
20 numerous occasions, was available by phone during mediation and provided information
21 regarding other potential witnesses. I have maintained regular contact with my attorney, be
22 telephone and in person, to keep myself informed of the developments in the case. I made sure
23 that I understood what was going on in the case, as well as the relevant laws, to the best of my
24 ability, so that I could make informed decision on behalf of the class and myself. I also
25 extensively prepared to testify for a hearing before the NLRB, which was unfortunately continued
26 when the U.S. Supreme Court accepted review of the case Epic Systems Corporation v. Lewis
27 (2018) 138 S.Ct. 1612, which reviewed the legality of class action waivers (which was ultimately
28 upheld and resulted in dismissal of the NLRB action).
2
DECLARATION OF JAMES ROWLAND IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR
FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS’ FEES AND COSTS, AND SERVICE
AWARDS
1 5. Overall, I estimate that I have spent approximately 90 hours researching,
2 consulting with attorneys, gathering my documents, making notes on all my documents for my
3 attorneys, pulling my wage statements and pay plans to explain them to my attorneys, responding
4 to questions, speaking to other employees, assisting the attorneys throughout the litigation and
5 during mediation, and in approving the signing settlement documents.
6 6. I fully realized the risks that I would be taking by pursuing this class action as a
7 named plaintiff and proposed class representative. I understand that I faced significant risk with
8 my respect to my future employment opportunities, since filing a public lawsuit related to my
9 prior employment could affect my ability to obtain jobs in the future. My future employers might
10 conduct a background check on me or find out about my participation in this lawsuit against a
11 previous employer, which could prevent me from being hired. As a result of the lawsuit, I
12 decided to change my career track because I felt like I could no longer work in the car business.
13 7. As part of the Settlement Agreement, I am releasing all of my claims against
14 Defendants, including known and unknown claims, and waiving my rights under Civil Code §
15 1542. I believe that I should receive an enhancement award, in part, because this is a broader
16 release than the release that is applicable to the other class members.
17 8. I believe that the requested Class Representative Service Award amount of
18 $ 15,000.00 is reasonable given the substantial time and effort I have expanded on behalf of the
19 class, the risks I face and will continue facing in serving as a named Plaintiff and proposed class
20 representative, and the significant benefit that class members will recover as a result of this
21 settlement. Many class members received the opportunity to participate in the settlement and to
22 recover payment for alleged wage and hour violations.
23 9. Because I put myself on the line, each class member did not have to expend his
24 or her own time, money, and other resources to pursue legal remedies individually. I do not
25 believe that this action would have been possible without my active participation and my
26 willingness to place myself at risk for the sake of the other class members. Throughout the entire
27 litigation, I did the best that I could to represent the class and to look out for their interests.
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DECLARATION OF JAMES ROWLAND IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR
FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS’ FEES AND COSTS, AND SERVICE
AWARDS
1 I declare under penalty of perjury under the laws of the State of California and the United
2 States of America that the foregoing is true and correct.
3 Executed on October ___, 2020, in __________, County, California.
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6 JAMES ROWLAND
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DECLARATION OF JAMES ROWLAND IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR
FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS’ FEES AND COSTS, AND SERVICE
AWARDS
Preview
1 CHRISTINA HUMPHREY LAW, P.C. 10/21/2020 Christina A. Humphrey (SBN 226326) 2 8330 Allison Ave., Ste. C. La Mesa, CA 91942 3 Telephone: (619) 488-6400 Email: christina@chumphreylaw.com 4 5 TOWER LEGAL GROUP James A. Clark (SBN 278372) 6 11335 Gold Express Drive, Ste. 105 Gold River, CA 95670 7 Telephone: (916) 233-2008 Email: james.clark@towerlegalgroup.com 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF PLACER 11 12 CRAIG WEISS, JAMES ROWLAND, Case No.: No. S-CV-0036383 RYAN GOMEZ, JORGE IRAHETA, 13 PARNY MILIEN, PATRICK ROE, DECLARATION OF JAMES ROWLAND ROBERT SCHRINER, SERGE IN SUPPORT OF PLAINTIFFS’ 14 SHAHINIAN, JOSHUA TARIFF, PHILLIP UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION 15 VIENER, DEREK MCELHANNON, SETTLEMENT, ATTORNEYS’ FEES ALEENA IQBAL, EMIL MILISCI, AND COSTS, AND SERVICE AWARDS 16 CHRISTOPHER SYHARATH, RUBEN SANTIAGO, and MICHAEL LANTIS, [Assigned for all purposes to 17 individually and on behalf of all other The Honorable Charles D. Wachob] persons similarly situated, and on behalf of 18 the general public, [For the list of all documents filed concurrently herewith, refer to the Notice of 19 Plaintiffs, Motion] 20 v. Date: November 13, 2020 Time: 8:30 21 CARMAX AUTO SUPERSTORES Dept: TBD CALIFORNIA, LLC, a limited liability 22 company; CARMAX AUTO SUPERSTORES Action Filed: September 4, 2015 Trial Date: None Set 23 WEST COAST, INC., a corporation; and DOES 1 - 100, inclusive, 24 Defendants. 25 26 27 28 1 DECLARATION OF JAMES ROWLAND IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS’ FEES AND COSTS, AND SERVICE AWARDS 1 DECLARATION OF JAMES ROWLAND 2 I, JAMES ROWLAND, declare: 3 1. I am one of the named plaintiffs in the above entitled action CRAIG WEISS and 4 JAMES ROWLAND, individuals and on behalf of other aggrieved employees, Plaintiffs, v. 5 CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, a limited liability company; 6 CARMAX AUTO SUPERSTORES WEST COAST, INC., a corporation; and DOES 1 - 100, 7 inclusive, Case No. S-CV-0036383. 8 2. I make this declaration on the basis of personal firsthand knowledge unless 9 another source of information or belief clearly appears from the context, and as to all such matters, 10 I believe them to be true. If called as a witness, I could and would readily and competently testify 11 to all matters stated below. 12 3. I worked for CarMax Auto Superstores (Defendant) as a Sales Consultant. I am 13 one of the original plaintiffs that initiated this action in 2015 (I was added as a Plaintiff in 2016) 14 and also initiated an action before the National Labor Relations Board (NLRB) challenging 15 Carmax’s arbitration policy. 16 4. Since retaining my Attorneys, Humphrey & Rist, LLP, which transitioned to 17 Christina Humphrey Law, P.C., and Tower Legal Group, P.C., I have actively participated in 18 assisting my lawyers with the prosecution of the claims. Among other things, I have provided 19 relevant documents to my attorneys, helped them understand documents, spoken to them on 20 numerous occasions, was available by phone during mediation and provided information 21 regarding other potential witnesses. I have maintained regular contact with my attorney, be 22 telephone and in person, to keep myself informed of the developments in the case. I made sure 23 that I understood what was going on in the case, as well as the relevant laws, to the best of my 24 ability, so that I could make informed decision on behalf of the class and myself. I also 25 extensively prepared to testify for a hearing before the NLRB, which was unfortunately continued 26 when the U.S. Supreme Court accepted review of the case Epic Systems Corporation v. Lewis 27 (2018) 138 S.Ct. 1612, which reviewed the legality of class action waivers (which was ultimately 28 upheld and resulted in dismissal of the NLRB action). 2 DECLARATION OF JAMES ROWLAND IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS’ FEES AND COSTS, AND SERVICE AWARDS 1 5. Overall, I estimate that I have spent approximately 90 hours researching, 2 consulting with attorneys, gathering my documents, making notes on all my documents for my 3 attorneys, pulling my wage statements and pay plans to explain them to my attorneys, responding 4 to questions, speaking to other employees, assisting the attorneys throughout the litigation and 5 during mediation, and in approving the signing settlement documents. 6 6. I fully realized the risks that I would be taking by pursuing this class action as a 7 named plaintiff and proposed class representative. I understand that I faced significant risk with 8 my respect to my future employment opportunities, since filing a public lawsuit related to my 9 prior employment could affect my ability to obtain jobs in the future. My future employers might 10 conduct a background check on me or find out about my participation in this lawsuit against a 11 previous employer, which could prevent me from being hired. As a result of the lawsuit, I 12 decided to change my career track because I felt like I could no longer work in the car business. 13 7. As part of the Settlement Agreement, I am releasing all of my claims against 14 Defendants, including known and unknown claims, and waiving my rights under Civil Code § 15 1542. I believe that I should receive an enhancement award, in part, because this is a broader 16 release than the release that is applicable to the other class members. 17 8. I believe that the requested Class Representative Service Award amount of 18 $ 15,000.00 is reasonable given the substantial time and effort I have expanded on behalf of the 19 class, the risks I face and will continue facing in serving as a named Plaintiff and proposed class 20 representative, and the significant benefit that class members will recover as a result of this 21 settlement. Many class members received the opportunity to participate in the settlement and to 22 recover payment for alleged wage and hour violations. 23 9. Because I put myself on the line, each class member did not have to expend his 24 or her own time, money, and other resources to pursue legal remedies individually. I do not 25 believe that this action would have been possible without my active participation and my 26 willingness to place myself at risk for the sake of the other class members. Throughout the entire 27 litigation, I did the best that I could to represent the class and to look out for their interests. 28 3 DECLARATION OF JAMES ROWLAND IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS’ FEES AND COSTS, AND SERVICE AWARDS 1 I declare under penalty of perjury under the laws of the State of California and the United 2 States of America that the foregoing is true and correct. 3 Executed on October ___, 2020, in __________, County, California. 4 5 6 JAMES ROWLAND 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF JAMES ROWLAND IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS’ FEES AND COSTS, AND SERVICE AWARDS