Preview
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7
Electronically
by perior Court of California, County of ateo
ON 7/16/2021
Shaun Setareh (SBN 204514) By. /s/ Alex Yeung
shaun@setarehlaw.com Deputy Clerk
William M. Pao (SBN 219846)
william@setarehlaw.com
Jose Maria D. Patino, Jr. (SBN 270194)
jose@setarehlaw.com
SETAREH LAW GROUP
9665 Wilshire Boulevard, Suite 430
Beverly Hills, California 90212
Telephone (310) 888-7771
Facsimile (310) 888-0109
Attorneys for Plaintiff
KIKI CHESS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN MATEO
11 COMPLEX CIVIL LITIGATION
12
13 Inre MOBILEONE WAGE AND HOUR Judicial Council Coordination Proceedings
CASES, No. JCCP 5039
14
Coordinated Proceeding Special Title (CRC Assigned for All Purposes to the Honorable Marie
15 Rule 3.550) S. Weiner, Department 2
16 DECLARATION OF SHAUN SETAREH IN
SUPPORT OF AMENDED MOTION FOR
17 PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT AND
18
CERTIFICATION OF SETTLEMENT
19 CLASS
20
Date: August 10, 2021
21 Time: 2:00 p.m
Place: Department 2
22
Complaint Filed. May 30, 2018
23 First Amended Consolidated Complaint Filed
March 27, 2020
24.
25
26
27
28
DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS
‘LEMENT AND CERTIFICATION OF SETTLEMENT
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7
DECLARATION OF SHAUN SETAREH
I, Shaun Setareh, declare as follows:
1 lam an attorney in good standing duly admitted to the State Bar of California, the
principal attorney at Setareh Law Group, counsel of record for KIKI CHESS (“Chess”) in this
coordinated action with VIVIAN LY (“Ly”) (Chess and Ly, collectively, “Plaintiffs”) against Defendant
MOBILEONE, LLC (“Defendant”) (Plaintiffs and Defendant, collectively, “Parties”). This declaration
is made in support of Plaintiffs’ Motion for Preliminary Approval of the Class Action Settlement and
Certification of Settlement Class.
2. Except for those matters stated on information and belief, which I am informed and
10 believe are true and correct, I have personal knowledge of all matters set forth herein. If called as a
11 witness, I could and would competently testify thereto
12 3, I received my undergraduate degree from UCLA in 1996 and my law degree from Loyol:
13 Law School in 1999. Since being admitted to the State Bar of California in 1999, I have actively
14 practiced civil litigation for the entirety of that time period.
15 4. I, and the attorneys at Setareh Law Group, have been involved as lead class counsel, co-
16 lead class counsel, and other levels of involvement in over 100 wage-and-hour, consumer, and antitrust
17 class action cases. I was lead counsel in Troester v. Starbucks Corporation, et al., before the California
18 Supreme Court, Case No. $234969, in which the Court issued a landmark decision that clarified and
19 rejected the application of the widely adopted federal de minimis doctrine to California’s wage-and-hour
20 laws. For my work on that case, I received the California Lawyer of the Year or “CLAY” award.
21 Recently, Setareh Law Group represented the plaintiff in a Ninth Circuit victory involving the standards
22 for motions to remand under the Class Action Fairness Act. Setareh Law Group was counsel of record in|
23 Parsittie v. Schneider Logistics, Inc. et al., No. 20-55470 (9th Cir. June 9, 2021) and Harris v. KM
24. Industrial, Inc., 980 F.3d 694 (9" Cir. November 13, 2020). Setareh Law Group was also counsel of
25 record in Rodriguez v. U.S. Healthworks, 813 Fed.Appx. 315 (9" Cir. 2020) in which the Ninth Circuit
26 reversed the trial court’s order granting summary judgment. I was also lead counsel in a landmark Ninth
27 Circuit decision interpreting the Fair Credit Reporting Act, Gilberg v. California Check Cashing Stores,
28 LLC, 913 F.3d 1169 (9th Cir. 2019). Setareh Law Group has prevailed in its five most recent Ninth
1
DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS
‘LEMENT AND CERTIFICATION OF SETTLEMENT
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7
Circuit appeals including the Gilberg, Rodriguez, Harris, and Parsittie cases cited above, as well as the
Ninth Circuit opinion following the California Supreme Court answering the Ninth Circuit’s certified
question. Troester v. Starbucks Corp., 738 Fed. Appx. 562 (9th Cir. 2018.) Three of the five cases
resulted in reversals of the trial court decision, with the remaining two cases (Harris and Parsittie)
affirming a decision favorable to the Plaintiff. Setareh Law Group has more than 140 Westlaw-citable
opinions.
The following is a sampling of class actions in which I have been appointed as class counsel
Federal Cases
a Cerdeniav. USA Truck, Inc., U.S. District Court, Central District
of Califomia,
10 Case No. 10-CV-1489-JVS (granted final approval in an action on behalf of truck drivers for
11 meal and rest period violations, off-the-dlock pre- and post-shift work, and unauthorized wage
12 deductions).
13 b Fronda v. Staffmark, U.S. District Court, Northem District of Califomia, Case
14 No. 15-CV-02315-ME] (granted final approval in a case involving alleged uncompensated
15 security checks for warehouse workers).
16 Cc. Garciav. Am Gen. Fin. Mgnt. Corp., U.S. District Court, Central District of
17 Califomia, Case No. 09-CV-1916 (granted final approval in a case filed on behalf of account
18 managers in case involving, among other things, alleged overtime miscalculations and meal and
19 rest period violations).
20 d Jonesv. Shred-It USA, Inc., U.S. District Court, Central District
of Califomia,
21 Case No. 11-CV-00526 (granted final approval in a case brought on behalf of customer service
22 representatives and balers for alleged off-the-dlock work and meal and rest period violations).
23 e O'Neill v. Genesis Logistics, Inc., U.S. District Court, Northem District of
24. Califomia, Case No. 08-CV-4707 (granted final approval in a case involving claims for failure
to
25 provide meal periods to employees who worked as drivers delivering goods to 7-11 stores
26 throughout Califomia and failure to pay final wages
in a timely manner
to temminated
27 employees)
28 f. Padillav. UPS, U.S. District Court, Central District
of Califomia, Case No. 08-
2
DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS
IN SETT! AND CERTIFICATION OF SETTLEMENT
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7
CV-1590 (granted final approval in a case involving claims for failure
to provide meal periodsto
part time employees engaged in sort operations and failure to pay final wages in a timely manner
to teminated employees)
g. Pitrev. Wal-Mart Stores, Inc., U.S. District Court, Central District
of Califomia,
Case No. 17-cv-01281-DOC (granting class certification against Wal-Mart fora class of almost
5,000,000 in a Fair Credit Reporting Act action)
h Utnev. Hone Depot U.SA, Inc., U.S. District Court, Northem District of
Califomia, Case No. 16-cv-01854-RS (granting class certification
against Home Depot in
comnection
with uncompensated off-the-clock work occuming at the start of all enployee shifts
10 and at the end of closing shifts)
11 1 ‘Vangv. Burlington
Coat Factory Warehouse Corp., U.S. District Court, Central
12 District of Califomia
Case No. 09-CV-8061 (granted final approval in acase involving, among
13 other things, vacation
pay forfeitures, failures
to provide meal and rest periods, and failures
to
14 pay overtime wages based on employee misclassification),
15 J Wilson v. TE Connectivity, Northem District of Califomia Case No. 3:14-cv-
16 04872-EDL (granted class certification through contested motion in case on behalf of
17 manufacturing facility employees subject to auto-deduction of meal breaks)
18 State Cases
19 k Alvarezv. Gary Grace Enterprises, LP, Marin Superior Court, Case No. CIV
20 1002553 (granted final approval in a case on behalf of hair salon employees for overtime
21 miscalculation and related claims),
22 1 Butlerv. Lexxiom Inc., San Bemarciino Superior Court, Case No. CIVRS
23 1001579 (granted final approval in an action on behalf of debt resolution center employees
24. alleging, among other things, meel and rest period violations and overtime calculation exors)
25 m Calderonv. GreatCall, Inc., San Diego Superior Court, Case No. 37-2010-
26 00093743-CU-OE-CTL (granted final approval in a case on behalf of customer service
27 employees for, among other things, alleged meal and rest period violations and overtime
28 calculation errors).
3
DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS
SETTLEMENT AND CERTIFICATION OF SETTLEMENT
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7
n Douglasv. California Credit Union, Los Angeles Superior Court, Case No.
BC445050 (granted final approval in a case on behalf of customer service representatives
alleging overtime miscalculation daims)
0. Green v. Staples Contract and Commercial, Inc., Los Angeles Superior Court,
Case No. BC389789 (granted final approval in a case involving claims for unprovided meal and.
rest periods, inaccurate
wage statements, waiting
time penalties, and unfair business practices on
behalf of truck drivers delivering Staples office supplies in Califomia)
p. Green v. Universal Music Group, Los Angeles Superior Court, Case No.
BC374253 (granted final approval in a case involving misclassification claims of current or
10 former IT Support employees, including engineers, server analysts, desktop support, and
11 technical leads)
12 g. Sandovalv. Rite Aid Corp., Los Angeles County Superior
Court, Case No.
13 BC431249 (granted class certification through contested motion in case on behalf of former
14 pharmacy employees
based on late final wage payments in violation of Labor Code §§ 201-208;
15 subsequently granted final approval of class action settlement).
16 r Spokesv. Lush Cosmetics, LLC, Los Angeles Superior Court, Case No.
17 BC391397 (granted final approval in a case alleging failures to provide meal and rest periods
and]
18 failure
to timely pay all final wages to Califomia
sales associates
and key holders)
19 Ss. Valenciav. SCIS Air Security Corp., Los Angeles Superior Court, Case No.
20 BC421485 (granted class certification through contested motion in case on behalf of former
21 security workers based on late final wage payments in violation of Labor Code §§ 201-208;
22 subsequently granted preliminary approval of proposed class action settlement).
23 5. As the above shows, I have substantial experience in wage-and-hour class action
24. litigation, including actions alleging failure to provide meal and/or rest periods, failure to pay wages,
25 failure to provide accurate wage statements, failure to provide timely final wage payments, and other
26 related claims. I am knowledgeable about the applicable law, have worked diligently to investigate and
27 identify the potential claims in this action, and will continue to commit my firm’s resources to further the
28 interests of the Class. I and my firm have no conflicts of interest with Plaintiff and with absent class
A
DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS
IN SETT! AND CERTIFICATION OF SETTLEMENT
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7
members.
6. Plaintiffs and Defendant engaged extensively in formal and informal discovery prior to
resolving
the Action. Plaintiffs independently propounded Requests for Production of Documents, both.
Special and Form Interrogatories, and Requests for Admission upon Defendant as to its policies,
procedures, and practices with respect to the alleged wage and hour claims during the Class Period, as to
the identification
of and time and payroll records for the putative dass members, and as to Plaintiffs, to
which Defendant responded.
After this exchange of formal discovery, the Parties agreed to attend mediation to attempt to
resolve the action entirely and further agreed to engage
in informal discovery
in advance and in
10 preparation thereof. This included, but was not limited
to, the informal exchange
of time and pay records
11 and review
of the same, the exchange of written policies and agreements goveming the Class throughout
12 the Class Period; the production
of a representative, random sampling of Class Members
to determine
13 average compensation and off-the-clock
work performed; review
of records establishing average pay
14 throughout the Class Period; and other documents relevant to the litigation.
15 Defenchnt produced Plaintiffs’ entire personnel files, payroll and timekeeping records, including
16 policies and agreements signed and acknowledged, copies of its relevant company written policies, and
17 time- keeping records and paycheck data and records. Defendant produced thousands of pages of
18 documents including copies of relevant collective bargaining agreements, employee handbooks and
19 policies for the relevant time period, and samplings of time punch records and wage statements of its
20 employees. Plaintiffs hired an expert to hire analyze the produced data with respect to potential damages
21 and penalties in preparation
for mediation. From the data and other documents obtained from Defendant]
22 pertaining to the Class and Defendant’s policies, Plaintiffs’ expert
was able to analyze
the data sampling,
23 and Plaintiffs were then able to thoroughly assess the merits of each claim.
24. For example, Plaintiff obtained Defendants’ written policies regarding meal and rest periods
25 effective during the Class Period, one of which had policies vaguely indicating under what circumstances
26 ameal or rest break would be triggered but did not specify the timing of such breaks, only that
it would
27 beat the discretion
of the supervisor, nor that meals should
be uninterrupted, or that a second
meal break
28 ‘was pennitted for every ten hours worked.
5
DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS
IN SETT! AND CERTIFICATION OF SETTLEMENT
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7
Furthermore, Plaintiff also alleges that he and other putative Class Members regularly worked.
through rest periods due to an unbalanced workload imposed by Defendant and pressure to complete
assignments on time regardless and that they were subject to Defendant’s control but were not paid for
this time due to docking in for shifts before the scheduled start time but only receiving pay for the
scheduled time. This is supported by Defendant’s produced written policy that stated that employees
must “report to work punctually as scheduled and be at the proper workstation, ready for work, at the
assigned starting time” in connection with Plaintiff's allegation that the time clock was located on a wall
outside a gate of the entrance to the facility.
7, After good-faith and arms-length negotiations on October 8, 2020, when the Parties
10 participated in a full-day mediation before experienced mediator Hon. Leo Papas (Ret.) and had
11 productive negotiations, they were not quite able to reach agreement on a class-wide settlement.
12 However, the parties continued to work with the mediator to negotiate a settlement and, in March 2021
13 reached an agreement to settle all claims on a class-wide basis. Each of the Parties, represented by its
14 respective counsel, recognized the risk of an adverse result in the Action. Pursuant to a proposal made b:
15 the mediator after the mediation, the Parties agreed to settle the Action and resolve all claims alleged
16 against Defendant in Plaintiffs’ operative complaint to the fullest extent permitted by law and without
17 any admission of liability or wrongdoing by Defendant. Counsel believe the proposed settlement is fair,
18 reasonable, and adequate in light of the complexities of the case, the uncertainties of further litigation.
19 and that it represents a fair and reasonable recovery for the Settlement Class. The Parties have not
20 engaged in any collusion or improper negotiations. The Parties do not have any agreements regarding
21 the proposed Settlement that are not reflected in the Settlement.
22 8. At the time of mediation, Defendant provided certain data points that included a sampling!
23 of payroll and time records for the putative class during the relevant class period. This enabled Plaintiffs
24. damages expert to review the data and to prepare a comprehensive damage analysis for the purposes of
25 mediation.
26 The following chart provides the estimated potential recovery on a class basis that Plaintiffs
27 believe they could reasonably achieve if they were to prevail on all their causes of action
28
6
DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS
‘LEMENT AND CERTIFICATION OF SETTLEMENT
DocuSign Envelope ID: C651724B-8DOF-4 160-9D29-D804408AF4C7
Plaintiffs’ Estimated Potential Recovery
All amounts San
Class Period
ae ere sconces
Class Count: 1,474; Average Regular Rate of Pay (Manager): $26.17/hour
Average Regular Rate of Pay (Non-Manager): $15.60/hour
Cause
of Adian. Estimated Potential Calaulations
for Estimated Potential
Reoovery Reoovery
Off-the-Clock Work
e Non $199,218.50 153,245 Shiftsx 5 Min. Off-the-Clock Work
(Daily) Per Shiftx Avg. Reg. Rate
Non Managers $279,240.00 8,950 Total Months Workedx 2 Hours Avg.
( Op. Mtg Time Per Month x Avg. Reg. Rate
10 Meetings)
11
e Misclassified $462,090.20 5,885 ‘Workweeksx 2 Hours of
Managers Unpaid OT Per Week
x Avg. Reg. Rate
12
Meal Period Premiums
13 e Non Managers $343,860.30 135,229 Shifts Where Meal Periods
14 Requiredx 16.3% Meal Period Violation
Ratex Avg. Reg. Rate
15
e Misclassified $344,842.09 13,177 Shifts Where Meal Periods
16 Managers x 100% Meal Period Violation Ratex Avg.
Reg. Rate
17
Rest Period Premiums
18
Non Managers $272,193.48 174,483 Shifts Where Rest Periods
19 x 10% Rest Period Violation Ratex Avg.
Reg. Rate
20
e Misclassified $344,842.09 13,177 Shifts Where Rest Periods Requiredx
21 Managers 100% Rest Period Violation Ratex Avg.
Avg. Rate
22
Vested Vacation Hours $56,659.20 908 Employees from 7/6/16 x4
23 Unpaid at Separation of Hours Avg. Unused Vacation Time Per
Employment Separated Employee x Avg. Reg. Rate
24.
Unreimbursed Expenses $115,892.31 10,302 Total Months Workedx
25 $11.25/month Avg. Reimbursable Expenses
Incurred
Per Employee
26
$2,418,838.17
27 Subtotal (Exduding LC §§
208 and 226 and PAGA
28 Penalties)
7
DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS
SETTLEMENT AND CERTIFICATION OF SETTLEMENT
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7
Labor Code § 208 Penalties $2,762,136.00 Employees from 7/6/16 x 6.5
iv on behalf of DIR PAGA Unit
Sent: Friday, July 16, 2021 1:08 PM
To: Jose Patino
Subject: Thank you for your Proposed Settlement Submission
07/16/2021 01:08:14 PM
Thank you for your submission to the Labor and Workforce Development Agency.
Item submitted: Proposed Settlement
If you have questions or concerns regarding this submission or your case, please send an email to pagainfo@dir.ca.gov.
DIR PAGA Unit on behalf of
Labor and Workforce Development Agency
Website: http://labor.ca.gov/Private_Attorneys_General_Act.htm
PROOF
OF SERVICE
Tam a citizen of the United States and am employed in the County of Los Angeles, State
of California. I am over the age of 18 and not a party to the within action. My business address
is 9665 Wilshire Blvd., Suite 430 Beverly Hills, CA 90212.
On July 16, 2021, I served the foregoing documents described as:
DECLARATION OF SHAUN SETAREH IN SUPPORT OF AMENDED MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND
CERTIFICATION OF SETTLEMENT CLASS
in this action by transmitting a true copy thereof enclosed in a sealed envelope addressed as
follows:
9
10 David Yeremian Walter Haines
david@yeremianlaw.com uelg.com
ul Roman Shkodnik UNITED EMPLOYEES LAW GROUP, PC
roman(@/veremianlaw.com 5500 Bolsa Ave., Suite 201
12
Natalia Bermudes Huntington Beach, CA 92649
13 Natalia(@yeremianlaw.com Counsel for Plaintiff VIVIAN LY
DAVID YEREMIAN & ASSOCIATES, INC.
14 535 N. Brand Blvd., Suite 705
Glendale, CA 91203
15
Counsel for Plaintiff VIVIAN LY
16
Tracy Waren Department 2
17 twarren@buchalter.com 400 County Center
Kathryn B. Fox Redwood City, CA 94063
18
comPlexcivil@sanmateocourt.ore
19 Candice E. Caufield
ccaufield@buchalter.com
20 BUCHALTER, APC
655 W. Broadway, Suite 1625
21
San Diego, CA 92101
22 Counsel for Defendant MOBILEONE, LLC.
23
[X] ONLY BY ELECTRONIC TRANSMISSION
24
Only by e-mailing the document(s) to the persons at the e-mail address(es) listed based
25 on notice provided on March 20, 2020 that, during the Coronavirus (COVID-19) pandemic, this
office will be working remotely, not able to send physical mail as usual, and is therefore using
26
only electronic mail. No electronic message or other indication that the transmission was
27 unsuccessful was received within a reasonable time after the transmission.
28 x] STATE I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
1
PROOF OF SERVICE
Executed on July 16, 2021, at Beverly Hills, California.
JP
Lauren Farrington
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PROOF OF SERVICE
Preview
DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7 Electronically by perior Court of California, County of ateo ON 7/16/2021 Shaun Setareh (SBN 204514) By. /s/ Alex Yeung shaun@setarehlaw.com Deputy Clerk William M. Pao (SBN 219846) william@setarehlaw.com Jose Maria D. Patino, Jr. (SBN 270194) jose@setarehlaw.com SETAREH LAW GROUP 9665 Wilshire Boulevard, Suite 430 Beverly Hills, California 90212 Telephone (310) 888-7771 Facsimile (310) 888-0109 Attorneys for Plaintiff KIKI CHESS SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN MATEO 11 COMPLEX CIVIL LITIGATION 12 13 Inre MOBILEONE WAGE AND HOUR Judicial Council Coordination Proceedings CASES, No. JCCP 5039 14 Coordinated Proceeding Special Title (CRC Assigned for All Purposes to the Honorable Marie 15 Rule 3.550) S. Weiner, Department 2 16 DECLARATION OF SHAUN SETAREH IN SUPPORT OF AMENDED MOTION FOR 17 PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND 18 CERTIFICATION OF SETTLEMENT 19 CLASS 20 Date: August 10, 2021 21 Time: 2:00 p.m Place: Department 2 22 Complaint Filed. May 30, 2018 23 First Amended Consolidated Complaint Filed March 27, 2020 24. 25 26 27 28 DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ‘LEMENT AND CERTIFICATION OF SETTLEMENT DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7 DECLARATION OF SHAUN SETAREH I, Shaun Setareh, declare as follows: 1 lam an attorney in good standing duly admitted to the State Bar of California, the principal attorney at Setareh Law Group, counsel of record for KIKI CHESS (“Chess”) in this coordinated action with VIVIAN LY (“Ly”) (Chess and Ly, collectively, “Plaintiffs”) against Defendant MOBILEONE, LLC (“Defendant”) (Plaintiffs and Defendant, collectively, “Parties”). This declaration is made in support of Plaintiffs’ Motion for Preliminary Approval of the Class Action Settlement and Certification of Settlement Class. 2. Except for those matters stated on information and belief, which I am informed and 10 believe are true and correct, I have personal knowledge of all matters set forth herein. If called as a 11 witness, I could and would competently testify thereto 12 3, I received my undergraduate degree from UCLA in 1996 and my law degree from Loyol: 13 Law School in 1999. Since being admitted to the State Bar of California in 1999, I have actively 14 practiced civil litigation for the entirety of that time period. 15 4. I, and the attorneys at Setareh Law Group, have been involved as lead class counsel, co- 16 lead class counsel, and other levels of involvement in over 100 wage-and-hour, consumer, and antitrust 17 class action cases. I was lead counsel in Troester v. Starbucks Corporation, et al., before the California 18 Supreme Court, Case No. $234969, in which the Court issued a landmark decision that clarified and 19 rejected the application of the widely adopted federal de minimis doctrine to California’s wage-and-hour 20 laws. For my work on that case, I received the California Lawyer of the Year or “CLAY” award. 21 Recently, Setareh Law Group represented the plaintiff in a Ninth Circuit victory involving the standards 22 for motions to remand under the Class Action Fairness Act. Setareh Law Group was counsel of record in| 23 Parsittie v. Schneider Logistics, Inc. et al., No. 20-55470 (9th Cir. June 9, 2021) and Harris v. KM 24. Industrial, Inc., 980 F.3d 694 (9" Cir. November 13, 2020). Setareh Law Group was also counsel of 25 record in Rodriguez v. U.S. Healthworks, 813 Fed.Appx. 315 (9" Cir. 2020) in which the Ninth Circuit 26 reversed the trial court’s order granting summary judgment. I was also lead counsel in a landmark Ninth 27 Circuit decision interpreting the Fair Credit Reporting Act, Gilberg v. California Check Cashing Stores, 28 LLC, 913 F.3d 1169 (9th Cir. 2019). Setareh Law Group has prevailed in its five most recent Ninth 1 DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ‘LEMENT AND CERTIFICATION OF SETTLEMENT DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7 Circuit appeals including the Gilberg, Rodriguez, Harris, and Parsittie cases cited above, as well as the Ninth Circuit opinion following the California Supreme Court answering the Ninth Circuit’s certified question. Troester v. Starbucks Corp., 738 Fed. Appx. 562 (9th Cir. 2018.) Three of the five cases resulted in reversals of the trial court decision, with the remaining two cases (Harris and Parsittie) affirming a decision favorable to the Plaintiff. Setareh Law Group has more than 140 Westlaw-citable opinions. The following is a sampling of class actions in which I have been appointed as class counsel Federal Cases a Cerdeniav. USA Truck, Inc., U.S. District Court, Central District of Califomia, 10 Case No. 10-CV-1489-JVS (granted final approval in an action on behalf of truck drivers for 11 meal and rest period violations, off-the-dlock pre- and post-shift work, and unauthorized wage 12 deductions). 13 b Fronda v. Staffmark, U.S. District Court, Northem District of Califomia, Case 14 No. 15-CV-02315-ME] (granted final approval in a case involving alleged uncompensated 15 security checks for warehouse workers). 16 Cc. Garciav. Am Gen. Fin. Mgnt. Corp., U.S. District Court, Central District of 17 Califomia, Case No. 09-CV-1916 (granted final approval in a case filed on behalf of account 18 managers in case involving, among other things, alleged overtime miscalculations and meal and 19 rest period violations). 20 d Jonesv. Shred-It USA, Inc., U.S. District Court, Central District of Califomia, 21 Case No. 11-CV-00526 (granted final approval in a case brought on behalf of customer service 22 representatives and balers for alleged off-the-dlock work and meal and rest period violations). 23 e O'Neill v. Genesis Logistics, Inc., U.S. District Court, Northem District of 24. Califomia, Case No. 08-CV-4707 (granted final approval in a case involving claims for failure to 25 provide meal periods to employees who worked as drivers delivering goods to 7-11 stores 26 throughout Califomia and failure to pay final wages in a timely manner to temminated 27 employees) 28 f. Padillav. UPS, U.S. District Court, Central District of Califomia, Case No. 08- 2 DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS IN SETT! AND CERTIFICATION OF SETTLEMENT DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7 CV-1590 (granted final approval in a case involving claims for failure to provide meal periodsto part time employees engaged in sort operations and failure to pay final wages in a timely manner to teminated employees) g. Pitrev. Wal-Mart Stores, Inc., U.S. District Court, Central District of Califomia, Case No. 17-cv-01281-DOC (granting class certification against Wal-Mart fora class of almost 5,000,000 in a Fair Credit Reporting Act action) h Utnev. Hone Depot U.SA, Inc., U.S. District Court, Northem District of Califomia, Case No. 16-cv-01854-RS (granting class certification against Home Depot in comnection with uncompensated off-the-clock work occuming at the start of all enployee shifts 10 and at the end of closing shifts) 11 1 ‘Vangv. Burlington Coat Factory Warehouse Corp., U.S. District Court, Central 12 District of Califomia Case No. 09-CV-8061 (granted final approval in acase involving, among 13 other things, vacation pay forfeitures, failures to provide meal and rest periods, and failures to 14 pay overtime wages based on employee misclassification), 15 J Wilson v. TE Connectivity, Northem District of Califomia Case No. 3:14-cv- 16 04872-EDL (granted class certification through contested motion in case on behalf of 17 manufacturing facility employees subject to auto-deduction of meal breaks) 18 State Cases 19 k Alvarezv. Gary Grace Enterprises, LP, Marin Superior Court, Case No. CIV 20 1002553 (granted final approval in a case on behalf of hair salon employees for overtime 21 miscalculation and related claims), 22 1 Butlerv. Lexxiom Inc., San Bemarciino Superior Court, Case No. CIVRS 23 1001579 (granted final approval in an action on behalf of debt resolution center employees 24. alleging, among other things, meel and rest period violations and overtime calculation exors) 25 m Calderonv. GreatCall, Inc., San Diego Superior Court, Case No. 37-2010- 26 00093743-CU-OE-CTL (granted final approval in a case on behalf of customer service 27 employees for, among other things, alleged meal and rest period violations and overtime 28 calculation errors). 3 DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND CERTIFICATION OF SETTLEMENT DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7 n Douglasv. California Credit Union, Los Angeles Superior Court, Case No. BC445050 (granted final approval in a case on behalf of customer service representatives alleging overtime miscalculation daims) 0. Green v. Staples Contract and Commercial, Inc., Los Angeles Superior Court, Case No. BC389789 (granted final approval in a case involving claims for unprovided meal and. rest periods, inaccurate wage statements, waiting time penalties, and unfair business practices on behalf of truck drivers delivering Staples office supplies in Califomia) p. Green v. Universal Music Group, Los Angeles Superior Court, Case No. BC374253 (granted final approval in a case involving misclassification claims of current or 10 former IT Support employees, including engineers, server analysts, desktop support, and 11 technical leads) 12 g. Sandovalv. Rite Aid Corp., Los Angeles County Superior Court, Case No. 13 BC431249 (granted class certification through contested motion in case on behalf of former 14 pharmacy employees based on late final wage payments in violation of Labor Code §§ 201-208; 15 subsequently granted final approval of class action settlement). 16 r Spokesv. Lush Cosmetics, LLC, Los Angeles Superior Court, Case No. 17 BC391397 (granted final approval in a case alleging failures to provide meal and rest periods and] 18 failure to timely pay all final wages to Califomia sales associates and key holders) 19 Ss. Valenciav. SCIS Air Security Corp., Los Angeles Superior Court, Case No. 20 BC421485 (granted class certification through contested motion in case on behalf of former 21 security workers based on late final wage payments in violation of Labor Code §§ 201-208; 22 subsequently granted preliminary approval of proposed class action settlement). 23 5. As the above shows, I have substantial experience in wage-and-hour class action 24. litigation, including actions alleging failure to provide meal and/or rest periods, failure to pay wages, 25 failure to provide accurate wage statements, failure to provide timely final wage payments, and other 26 related claims. I am knowledgeable about the applicable law, have worked diligently to investigate and 27 identify the potential claims in this action, and will continue to commit my firm’s resources to further the 28 interests of the Class. I and my firm have no conflicts of interest with Plaintiff and with absent class A DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS IN SETT! AND CERTIFICATION OF SETTLEMENT DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7 members. 6. Plaintiffs and Defendant engaged extensively in formal and informal discovery prior to resolving the Action. Plaintiffs independently propounded Requests for Production of Documents, both. Special and Form Interrogatories, and Requests for Admission upon Defendant as to its policies, procedures, and practices with respect to the alleged wage and hour claims during the Class Period, as to the identification of and time and payroll records for the putative dass members, and as to Plaintiffs, to which Defendant responded. After this exchange of formal discovery, the Parties agreed to attend mediation to attempt to resolve the action entirely and further agreed to engage in informal discovery in advance and in 10 preparation thereof. This included, but was not limited to, the informal exchange of time and pay records 11 and review of the same, the exchange of written policies and agreements goveming the Class throughout 12 the Class Period; the production of a representative, random sampling of Class Members to determine 13 average compensation and off-the-clock work performed; review of records establishing average pay 14 throughout the Class Period; and other documents relevant to the litigation. 15 Defenchnt produced Plaintiffs’ entire personnel files, payroll and timekeeping records, including 16 policies and agreements signed and acknowledged, copies of its relevant company written policies, and 17 time- keeping records and paycheck data and records. Defendant produced thousands of pages of 18 documents including copies of relevant collective bargaining agreements, employee handbooks and 19 policies for the relevant time period, and samplings of time punch records and wage statements of its 20 employees. Plaintiffs hired an expert to hire analyze the produced data with respect to potential damages 21 and penalties in preparation for mediation. From the data and other documents obtained from Defendant] 22 pertaining to the Class and Defendant’s policies, Plaintiffs’ expert was able to analyze the data sampling, 23 and Plaintiffs were then able to thoroughly assess the merits of each claim. 24. For example, Plaintiff obtained Defendants’ written policies regarding meal and rest periods 25 effective during the Class Period, one of which had policies vaguely indicating under what circumstances 26 ameal or rest break would be triggered but did not specify the timing of such breaks, only that it would 27 beat the discretion of the supervisor, nor that meals should be uninterrupted, or that a second meal break 28 ‘was pennitted for every ten hours worked. 5 DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS IN SETT! AND CERTIFICATION OF SETTLEMENT DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7 Furthermore, Plaintiff also alleges that he and other putative Class Members regularly worked. through rest periods due to an unbalanced workload imposed by Defendant and pressure to complete assignments on time regardless and that they were subject to Defendant’s control but were not paid for this time due to docking in for shifts before the scheduled start time but only receiving pay for the scheduled time. This is supported by Defendant’s produced written policy that stated that employees must “report to work punctually as scheduled and be at the proper workstation, ready for work, at the assigned starting time” in connection with Plaintiff's allegation that the time clock was located on a wall outside a gate of the entrance to the facility. 7, After good-faith and arms-length negotiations on October 8, 2020, when the Parties 10 participated in a full-day mediation before experienced mediator Hon. Leo Papas (Ret.) and had 11 productive negotiations, they were not quite able to reach agreement on a class-wide settlement. 12 However, the parties continued to work with the mediator to negotiate a settlement and, in March 2021 13 reached an agreement to settle all claims on a class-wide basis. Each of the Parties, represented by its 14 respective counsel, recognized the risk of an adverse result in the Action. Pursuant to a proposal made b: 15 the mediator after the mediation, the Parties agreed to settle the Action and resolve all claims alleged 16 against Defendant in Plaintiffs’ operative complaint to the fullest extent permitted by law and without 17 any admission of liability or wrongdoing by Defendant. Counsel believe the proposed settlement is fair, 18 reasonable, and adequate in light of the complexities of the case, the uncertainties of further litigation. 19 and that it represents a fair and reasonable recovery for the Settlement Class. The Parties have not 20 engaged in any collusion or improper negotiations. The Parties do not have any agreements regarding 21 the proposed Settlement that are not reflected in the Settlement. 22 8. At the time of mediation, Defendant provided certain data points that included a sampling! 23 of payroll and time records for the putative class during the relevant class period. This enabled Plaintiffs 24. damages expert to review the data and to prepare a comprehensive damage analysis for the purposes of 25 mediation. 26 The following chart provides the estimated potential recovery on a class basis that Plaintiffs 27 believe they could reasonably achieve if they were to prevail on all their causes of action 28 6 DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ‘LEMENT AND CERTIFICATION OF SETTLEMENT DocuSign Envelope ID: C651724B-8DOF-4 160-9D29-D804408AF4C7 Plaintiffs’ Estimated Potential Recovery All amounts San Class Period ae ere sconces Class Count: 1,474; Average Regular Rate of Pay (Manager): $26.17/hour Average Regular Rate of Pay (Non-Manager): $15.60/hour Cause of Adian. Estimated Potential Calaulations for Estimated Potential Reoovery Reoovery Off-the-Clock Work e Non $199,218.50 153,245 Shiftsx 5 Min. Off-the-Clock Work (Daily) Per Shiftx Avg. Reg. Rate Non Managers $279,240.00 8,950 Total Months Workedx 2 Hours Avg. ( Op. Mtg Time Per Month x Avg. Reg. Rate 10 Meetings) 11 e Misclassified $462,090.20 5,885 ‘Workweeksx 2 Hours of Managers Unpaid OT Per Week x Avg. Reg. Rate 12 Meal Period Premiums 13 e Non Managers $343,860.30 135,229 Shifts Where Meal Periods 14 Requiredx 16.3% Meal Period Violation Ratex Avg. Reg. Rate 15 e Misclassified $344,842.09 13,177 Shifts Where Meal Periods 16 Managers x 100% Meal Period Violation Ratex Avg. Reg. Rate 17 Rest Period Premiums 18 Non Managers $272,193.48 174,483 Shifts Where Rest Periods 19 x 10% Rest Period Violation Ratex Avg. Reg. Rate 20 e Misclassified $344,842.09 13,177 Shifts Where Rest Periods Requiredx 21 Managers 100% Rest Period Violation Ratex Avg. Avg. Rate 22 Vested Vacation Hours $56,659.20 908 Employees from 7/6/16 x4 23 Unpaid at Separation of Hours Avg. Unused Vacation Time Per Employment Separated Employee x Avg. Reg. Rate 24. Unreimbursed Expenses $115,892.31 10,302 Total Months Workedx 25 $11.25/month Avg. Reimbursable Expenses Incurred Per Employee 26 $2,418,838.17 27 Subtotal (Exduding LC §§ 208 and 226 and PAGA 28 Penalties) 7 DECLARATION Of SHAUN SETAREH IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND CERTIFICATION OF SETTLEMENT DocuSign Envelope ID: C651724B-8D0F-4160-9D29-D804408AF4C7 Labor Code § 208 Penalties $2,762,136.00 Employees from 7/6/16 x 6.5 iv on behalf of DIR PAGA Unit Sent: Friday, July 16, 2021 1:08 PM To: Jose Patino Subject: Thank you for your Proposed Settlement Submission 07/16/2021 01:08:14 PM Thank you for your submission to the Labor and Workforce Development Agency. Item submitted: Proposed Settlement If you have questions or concerns regarding this submission or your case, please send an email to pagainfo@dir.ca.gov. DIR PAGA Unit on behalf of Labor and Workforce Development Agency Website: http://labor.ca.gov/Private_Attorneys_General_Act.htm PROOF OF SERVICE Tam a citizen of the United States and am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 9665 Wilshire Blvd., Suite 430 Beverly Hills, CA 90212. On July 16, 2021, I served the foregoing documents described as: DECLARATION OF SHAUN SETAREH IN SUPPORT OF AMENDED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CERTIFICATION OF SETTLEMENT CLASS in this action by transmitting a true copy thereof enclosed in a sealed envelope addressed as follows: 9 10 David Yeremian Walter Haines david@yeremianlaw.com uelg.com ul Roman Shkodnik UNITED EMPLOYEES LAW GROUP, PC roman(@/veremianlaw.com 5500 Bolsa Ave., Suite 201 12 Natalia Bermudes Huntington Beach, CA 92649 13 Natalia(@yeremianlaw.com Counsel for Plaintiff VIVIAN LY DAVID YEREMIAN & ASSOCIATES, INC. 14 535 N. Brand Blvd., Suite 705 Glendale, CA 91203 15 Counsel for Plaintiff VIVIAN LY 16 Tracy Waren Department 2 17 twarren@buchalter.com 400 County Center Kathryn B. Fox Redwood City, CA 94063 18 comPlexcivil@sanmateocourt.ore 19 Candice E. Caufield ccaufield@buchalter.com 20 BUCHALTER, APC 655 W. Broadway, Suite 1625 21 San Diego, CA 92101 22 Counsel for Defendant MOBILEONE, LLC. 23 [X] ONLY BY ELECTRONIC TRANSMISSION 24 Only by e-mailing the document(s) to the persons at the e-mail address(es) listed based 25 on notice provided on March 20, 2020 that, during the Coronavirus (COVID-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using 26 only electronic mail. No electronic message or other indication that the transmission was 27 unsuccessful was received within a reasonable time after the transmission. 28 x] STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 1 PROOF OF SERVICE Executed on July 16, 2021, at Beverly Hills, California. JP Lauren Farrington 10 iW 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE