On September 12, 2018 a
Motion-Secondary
was filed
involving a dispute between
Thompson Ly,
and
Sage Intacct, Inc.,
for civil
in the District Court of Santa Clara County.
Preview
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18CV334378
Santa Clara — Civil
Edward J. Wynne (SBN #165819)
ewynne@wynnelawfirm.com
George R. Nemiroff (SBN #262058)
gnemiroff@wynnelawfirm.com
WYNNE LAW FIRM
Wood Island
80 E. Sir Francis Drake Blvd. Suite 3G
Larkspur, CA 94939
Telephone (415) 461-6400
Facsimile (415) 461-3900
Bryan J. McCormack (SBN 192418)
bryan@mcclawfirm.com
MCCORMACK LAW FIRM
80 E. Sir Francis Drake Blvd., Suite 3G
Larkspur, CA 94939
Telephone (415) 925-5161
Facsimile (415) 651-7837
Plaintiff's Counsel
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 11/9/2020 4:02 PM
Reviewed By: R. Walker
Case #18CV334378
Envelope: 5266293
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
CIVIL - UNLIMITED JURISDICTION
THOMPSON LY, individually and on behalf o:
other members of the general public similarly
situated,
Plaintiff,
vs.
SAGE INTACCT, INC., and DOES | to 10,
Defendants.
Case No. 18CV334378
DECLARATION OF THOMPSON LY IN
SUPPORT OF AWARD OF ATTORNEYS’
FEES AND COSTS AND CLASS
REPRESENTATIVE ENHANCEMENT
AWARDS
[CLASS ACTION]
Complaint Filed: September 12, 2018
Date: December 10, 2020
Time: 1:30 p.m.
Hon. Brian C. Walsh
Dept. 1
DECLARATION OF THOIMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS
REPRESENTATIVE ENHANCEMENT AWARD
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I, Thompson Ly, declare that:
ie I am an individual residing in San Jose, California and I am the named class
representative in the above-captioned action. I have personal knowledge of the matters set
forth herein, and would and could testify thereto if called as a witness herein.
a I made a claim against Sage Intacct, Inc. which sought the recovery of
compensation due to alleged performance of uncompensated overtime hours, for missed meal
and rest breaks, waiting time penalties and failure to properly maintain accurate itemized wage
statements. I now understand how my compensation would be calculated under the law and I
understand the reasonable range of value for my claim and the class in general.
3. I worked for Defendant in the capacity of a Sales Development Manager and I
therefore understand how Defendant required employees to perform in that role. In my
opinion, the claims I brought were typical of all persons employed in those positions and I
share similar claims with all class members.
4. I believe that I am an adequate class representative because I do not have any
interests that are antagonistic to the class, I believe that I have put the interests of the class
before my interests in potential recovery, I retained legal counsel that are experienced in this
field of law and I have actively participated in the class action to ensure that it reached a
suitable conclusion. I am not a Plaintiff or party in any other similar class action. I also believe
that I am an adequate class representative as I performed all of the job functions performed by
employees of Defendant.
5. I understand that this action has been settled before any judicial determination
on liability and that it consists of both current and former employees of Defendant.
6. I assisted in the prosecution of this action by engaging in informal and formal
discovery. I had my deposition taken and provided documents from my employment with
Defendant which were instrumental in my attorney’s understanding of the case. The
documents detailed Defendant’s expectations and procedures for employees. I believe that
these documents were very helpful to my counsel in seeking a fair settlement of the action and
1
DECLARATION OF THOIMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS
REPRESENTATIVE ENHANCEMENT AWARD
18CV334378coo em NDA BF WY
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its prosecution beforehand. I provided contact information and put Counsel in contact with
other class members in an effort to gather evidence for use at certification. I also contacted
other employees and informed them of the case and requested assistance in the prosecution of
the action. I also participated in the action throughout its pendency, including participating in
the settlement process. I estimate that I spent at least 35 hours in assisting counsel with
prosecution of this action. I understand that the Court has discretion in awarding an
enhancement, if any, to class representatives and that my counsel had requested that such an
award be in the amount of Seven Thousand Five Hundred dollars ($7,500). I believe that I did
provide a substantial service to all other class members in obtaining the settlement for the
class.
th I have read and considered the Settlement Agreement and have discussed the
terms and conditions of the Settlement Agreement with my attorneys. I understand that the
Settlement Agreement resolves all of my and the class’s claims against Defendant that were
alleged in the Complaint.
8. Based on the foregoing as well as the number of hours I worked and my
familiarity with issues in dispute and appreciating the risks of litigation, I believe that the
settlement is fair, reasonable and adequate. I believe the settlement provides real and
significant compensation to each member of the class reasonably commensurate with the value
of their individual claim. I personally believe this is a very good result given the amounts
received by each class member and the novelty and difficulty of the litigation.
9. I believe the settlement is fair, reasonable and adequate because it provides for
monetary compensation in one payment as opposed to providing non-cash benefits like
coupons and paid time off or payments over time.
10. I support class counsel’s fee request because this case was always litigated on a
contingent fee basis. Class counsel took a considerable risk in bringing this litigation because
the result was never guaranteed. I know that Defendant has considerable resources and could
2
DECLARATION OF THOIMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS
REPRESENTATIVE ENHANCEMENT AWARD
18CV334378Cem ND HW BF BH
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fight this case aggressively. I know that class counsel had to invest his own funds in
prosecuting this case because my attorney advanced all the costs
11. I support class counsel’s fee request and approval of this settlement because they
have conferred a substantial benefit on the class. Not only is there a monetary recovery for
each class member, but by way of the Class Notice, class counsel has also educated my fellow
co-workers about their legal rights. Prior to this litigation, I do not believe that many of my
fellow co-workers, myself included, had a very clear notion of the fact that they were entitled
to receive pay for all hours worked. Now, however, I understand what my legal rights are in
this regard.
12. I support class counsel’s fee request and approval of this settlement because the
amount of compensation each class member is going to receive will have a very real and
meaningful impact on his or her life. Based on preliminary figures provided to me by counsel,
class members will receive significant amounts of money and I believe those amounts are
neither paltry nor symbolic and will affect the daily lives of each class member and his/her
family.
13. I further support approval of this settlement because I and the other class
members would not have had the resources to prosecute actions individually on our own
behalf. Further, we will be able to realize the benefits of this settlement in the very near future.
On the other hand, if the case went forward with trial, it may take additional years to get to a
judgment and through appeals, even assuming we prevailed at trial. Moreover, while I am
ultimately confident in the merits of our case, I understand that there are no guaranteed results
in litigation. The benefits of this settlement outweigh the risks of going forward.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 9th day of November, 2020 at San Jose,
California.
NY
Thompson Ly
3
DECLARATION OF THOIMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS
REPRESENTATIVE ENHANCEMENT AWARD
18CV334378
Document Filed Date
November 09, 2020
Case Filing Date
September 12, 2018
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Cem ND HW BF BH RNR NY KY KY NY NK KY BS Be Be eB eB Be Be eB SIA DA FF BNH =F SO we ADA BBN SF ST 18CV334378 Santa Clara — Civil Edward J. Wynne (SBN #165819) ewynne@wynnelawfirm.com George R. Nemiroff (SBN #262058) gnemiroff@wynnelawfirm.com WYNNE LAW FIRM Wood Island 80 E. Sir Francis Drake Blvd. Suite 3G Larkspur, CA 94939 Telephone (415) 461-6400 Facsimile (415) 461-3900 Bryan J. McCormack (SBN 192418) bryan@mcclawfirm.com MCCORMACK LAW FIRM 80 E. Sir Francis Drake Blvd., Suite 3G Larkspur, CA 94939 Telephone (415) 925-5161 Facsimile (415) 651-7837 Plaintiff's Counsel Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/9/2020 4:02 PM Reviewed By: R. Walker Case #18CV334378 Envelope: 5266293 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL - UNLIMITED JURISDICTION THOMPSON LY, individually and on behalf o: other members of the general public similarly situated, Plaintiff, vs. SAGE INTACCT, INC., and DOES | to 10, Defendants. Case No. 18CV334378 DECLARATION OF THOMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS REPRESENTATIVE ENHANCEMENT AWARDS [CLASS ACTION] Complaint Filed: September 12, 2018 Date: December 10, 2020 Time: 1:30 p.m. Hon. Brian C. Walsh Dept. 1 DECLARATION OF THOIMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS REPRESENTATIVE ENHANCEMENT AWARD 18CV334378Cem ND HW BF BH RNR NY KY KY NY NK KY BS Be Be eB eB Be Be eB SIA DA FF BNH =F SO we ADA BBN SF ST I, Thompson Ly, declare that: ie I am an individual residing in San Jose, California and I am the named class representative in the above-captioned action. I have personal knowledge of the matters set forth herein, and would and could testify thereto if called as a witness herein. a I made a claim against Sage Intacct, Inc. which sought the recovery of compensation due to alleged performance of uncompensated overtime hours, for missed meal and rest breaks, waiting time penalties and failure to properly maintain accurate itemized wage statements. I now understand how my compensation would be calculated under the law and I understand the reasonable range of value for my claim and the class in general. 3. I worked for Defendant in the capacity of a Sales Development Manager and I therefore understand how Defendant required employees to perform in that role. In my opinion, the claims I brought were typical of all persons employed in those positions and I share similar claims with all class members. 4. I believe that I am an adequate class representative because I do not have any interests that are antagonistic to the class, I believe that I have put the interests of the class before my interests in potential recovery, I retained legal counsel that are experienced in this field of law and I have actively participated in the class action to ensure that it reached a suitable conclusion. I am not a Plaintiff or party in any other similar class action. I also believe that I am an adequate class representative as I performed all of the job functions performed by employees of Defendant. 5. I understand that this action has been settled before any judicial determination on liability and that it consists of both current and former employees of Defendant. 6. I assisted in the prosecution of this action by engaging in informal and formal discovery. I had my deposition taken and provided documents from my employment with Defendant which were instrumental in my attorney’s understanding of the case. The documents detailed Defendant’s expectations and procedures for employees. I believe that these documents were very helpful to my counsel in seeking a fair settlement of the action and 1 DECLARATION OF THOIMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS REPRESENTATIVE ENHANCEMENT AWARD 18CV334378coo em NDA BF WY RNR NY KY KY NY NK KY BS Be Be eB eB Be Be eB CIA DA BF BH = SO wm ADA BW NH its prosecution beforehand. I provided contact information and put Counsel in contact with other class members in an effort to gather evidence for use at certification. I also contacted other employees and informed them of the case and requested assistance in the prosecution of the action. I also participated in the action throughout its pendency, including participating in the settlement process. I estimate that I spent at least 35 hours in assisting counsel with prosecution of this action. I understand that the Court has discretion in awarding an enhancement, if any, to class representatives and that my counsel had requested that such an award be in the amount of Seven Thousand Five Hundred dollars ($7,500). I believe that I did provide a substantial service to all other class members in obtaining the settlement for the class. th I have read and considered the Settlement Agreement and have discussed the terms and conditions of the Settlement Agreement with my attorneys. I understand that the Settlement Agreement resolves all of my and the class’s claims against Defendant that were alleged in the Complaint. 8. Based on the foregoing as well as the number of hours I worked and my familiarity with issues in dispute and appreciating the risks of litigation, I believe that the settlement is fair, reasonable and adequate. I believe the settlement provides real and significant compensation to each member of the class reasonably commensurate with the value of their individual claim. I personally believe this is a very good result given the amounts received by each class member and the novelty and difficulty of the litigation. 9. I believe the settlement is fair, reasonable and adequate because it provides for monetary compensation in one payment as opposed to providing non-cash benefits like coupons and paid time off or payments over time. 10. I support class counsel’s fee request because this case was always litigated on a contingent fee basis. Class counsel took a considerable risk in bringing this litigation because the result was never guaranteed. I know that Defendant has considerable resources and could 2 DECLARATION OF THOIMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS REPRESENTATIVE ENHANCEMENT AWARD 18CV334378Cem ND HW BF BH RNR NY KY KY NY NK KY BS Be Be eB eB Be Be eB SIA DA FF BNH =F SO we ADA BBN SF ST fight this case aggressively. I know that class counsel had to invest his own funds in prosecuting this case because my attorney advanced all the costs 11. I support class counsel’s fee request and approval of this settlement because they have conferred a substantial benefit on the class. Not only is there a monetary recovery for each class member, but by way of the Class Notice, class counsel has also educated my fellow co-workers about their legal rights. Prior to this litigation, I do not believe that many of my fellow co-workers, myself included, had a very clear notion of the fact that they were entitled to receive pay for all hours worked. Now, however, I understand what my legal rights are in this regard. 12. I support class counsel’s fee request and approval of this settlement because the amount of compensation each class member is going to receive will have a very real and meaningful impact on his or her life. Based on preliminary figures provided to me by counsel, class members will receive significant amounts of money and I believe those amounts are neither paltry nor symbolic and will affect the daily lives of each class member and his/her family. 13. I further support approval of this settlement because I and the other class members would not have had the resources to prosecute actions individually on our own behalf. Further, we will be able to realize the benefits of this settlement in the very near future. On the other hand, if the case went forward with trial, it may take additional years to get to a judgment and through appeals, even assuming we prevailed at trial. Moreover, while I am ultimately confident in the merits of our case, I understand that there are no guaranteed results in litigation. The benefits of this settlement outweigh the risks of going forward. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 9th day of November, 2020 at San Jose, California. NY Thompson Ly 3 DECLARATION OF THOIMPSON LY IN SUPPORT OF AWARD OF ATTORNEYS’ FEES AND COSTS AND CLASS REPRESENTATIVE ENHANCEMENT AWARD 18CV334378