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DocuSign Envelope ID: 0DB5C643-82FF-4EB4-BB43-937AC3A9B442
SHAKOURI LAW FIRM
1 Ashkan Shakouri, Esq. [SBN 242072]
ash@shakourilawfirm.com
2
Sharon W. Lin, Esq. [SBN 260443]
3 Sharon@shakourilawfirm.com
11601 Wilshire Blvd., Fifth Floor
4 Los Angeles, California 90025
Telephone: (310) 575-1827
5 Fax: (310) 575-1872
6 Attorneys for Plaintiffs Lakisha Lawson,
Nahrain Karam, and Proposed Class
7
8
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
9
COUNTY OF KERN
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11 LAKISHA LAWSON, NAHRAIN KARAM,
on behalf of themselves and others similarly Case No: BCV-21-102508
12 situated,
DECLARATION OF PLAINTIFF
Plaintiffs, NAHRAIN KARAM IN SUPPORT OF
13 PLAINTIFFS’ UNOPPOSED MOTION
14 v. FOR PRELIMINARY APPROVAL OF
CLASS AND REPRESENTATIVE
15 TWOMAGNETS INC., and DOES 1-20, ACTION SETTLEMENT
inclusive,
16 Defendants.
Hearing Date: May 11, 2022
Hearing Time: 8:30 am
17
Division: J
18
19 Honorable Judge J. Eric Bradshaw
Division J
20
Trial Date: Not Set
21
Action Filed: January 27, 2021
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1
DECLARATION OF PLAINTIFF NAHRAIN KARAM
DocuSign Envelope ID: 0DB5C643-82FF-4EB4-BB43-937AC3A9B442
1 DECLARATION OF NAHRAIN KARAM
2 I, NAHRAIN KARAM, declare and state as follows:
3 1. I submit this declaration in support of Plaintiffs’ Unopposed Motion for Preliminary
4 Approval of Class and Representative Action Settlement.
5 2. I am over the age of eighteen and the below is based upon my personal knowledge, and if
6 called as a witness, could and would competently testify regarding the statements in this declaration.
7 3. In or around July 2020, I used Defendant Twomagnets Inc.’s (“Defendant’s”) digital
8 platform to schedule shifts as a nurse at various healthcare facilities in California, and Defendant
9 paid me for those shifts.
10 4. Defendant treated me and, based on my understanding, other health care professionals that
11 used Defendant’s platform, as independent contractors, not as employees.
12 5. I believe I was misclassified as an independent contractor and as a result I did not receive
13 overtime, or meal and rest breaks that I would have been entitled to as an employee.
14 6. Because I believed I suffered these wage and hour violations working for Defendant and
15 believed that other health care professionals that scheduled shifts using Defendant’s platform
16 suffered similar violations, I, along with the other class representative in this case, wanted to file a
17 lawsuit on behalf of myself and similarly situated health care professionals against Defendant. I
18 hired the Shakouri Law Firm in Los Angeles, California to represent me in connection with this
19 lawsuit.
20 7. Before filing this lawsuit, my attorneys made me aware of the obligations I had serving as a
21 class representative in this case. By deciding to serve as a class representative in this case, I
22 understood and agreed to pursue not only my own wage and hour claims, but the claims of all other
23 class members, and, if necessary, to put their interests ahead of my own. I decided to file this case
24 as a class action partly because I believed that similarly situated health care professionals were
25 unlikely to be aware of their rights.
26 8. My attorneys explained the risks associated with this litigation, and that the case could take
27 years to resolve, and therefore required a long-term commitment on my part. I also understood that
28 future employers, especially in my industry, may not hire me if they knew I had sued Defendant
2
DECLARATION OF PLAINTIFF NAHRAIN KARAM
DocuSign Envelope ID: 0DB5C643-82FF-4EB4-BB43-937AC3A9B442
1 and that I could potentially be responsible for paying Defendant’s attorneys’ fees and costs if
2 Defendant prevailed in this lawsuit. However, I accepted those risks because I believed filing this
3 lawsuit was the right thing to do.
4 9. As the class representative in this case, I also understood that it was my job to act as a
5 fiduciary to the absent class members. Therefore, I wanted the best possible result to be obtained
6 for the class and I believe a great result was, in fact, achieved through the settlement the parties
7 reached.
8 10. I have no interests that are antagonistic to the class members in this case.
9 11. I believe that I have adequately served as a class representative in this case and will
10 continue to do so until its conclusion.
11 12. Before this lawsuit was filed, I had several conversations with my attorneys. Among other
12 things, I discussed with them Defendant’s practices and how they applied to myself and class
13 members. I also spent significant time gathering documents for my attorneys, provided them with
14 information, and answered their questions so that they could analyze everything I provided them
15 and assess the strength of our claims.
16 13. After filing of the lawsuit, I spent considerable time assisting my attorneys in litigating this
17 case. Among other things, I reviewed and provided input on key pleadings; was kept apprised of
18 developments in the case; obtained witnesses for my attorneys to interview; and had ongoing contact
19 with my attorneys.
20 14. After mediation, and after discussing the risks, benefits, and alternatives of continued
21 litigation, I agreed to settle the case on behalf of myself and class members.
22
23 I declare under penalty of perjury under the laws of the State of California that the foregoing
24 is true and correct. Executed at Las Vegas, Nevada.
25
4/13/2022
_______________ ________________________
26
DATE NAHRAIN KARAM
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3
DECLARATION OF PLAINTIFF NAHRAIN KARAM
Preview
DocuSign Envelope ID: 0DB5C643-82FF-4EB4-BB43-937AC3A9B442 SHAKOURI LAW FIRM 1 Ashkan Shakouri, Esq. [SBN 242072] ash@shakourilawfirm.com 2 Sharon W. Lin, Esq. [SBN 260443] 3 Sharon@shakourilawfirm.com 11601 Wilshire Blvd., Fifth Floor 4 Los Angeles, California 90025 Telephone: (310) 575-1827 5 Fax: (310) 575-1872 6 Attorneys for Plaintiffs Lakisha Lawson, Nahrain Karam, and Proposed Class 7 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 COUNTY OF KERN 10 11 LAKISHA LAWSON, NAHRAIN KARAM, on behalf of themselves and others similarly Case No: BCV-21-102508 12 situated, DECLARATION OF PLAINTIFF Plaintiffs, NAHRAIN KARAM IN SUPPORT OF 13 PLAINTIFFS’ UNOPPOSED MOTION 14 v. FOR PRELIMINARY APPROVAL OF CLASS AND REPRESENTATIVE 15 TWOMAGNETS INC., and DOES 1-20, ACTION SETTLEMENT inclusive, 16 Defendants. Hearing Date: May 11, 2022 Hearing Time: 8:30 am 17 Division: J 18 19 Honorable Judge J. Eric Bradshaw Division J 20 Trial Date: Not Set 21 Action Filed: January 27, 2021 22 23 24 25 26 27 28 1 DECLARATION OF PLAINTIFF NAHRAIN KARAM DocuSign Envelope ID: 0DB5C643-82FF-4EB4-BB43-937AC3A9B442 1 DECLARATION OF NAHRAIN KARAM 2 I, NAHRAIN KARAM, declare and state as follows: 3 1. I submit this declaration in support of Plaintiffs’ Unopposed Motion for Preliminary 4 Approval of Class and Representative Action Settlement. 5 2. I am over the age of eighteen and the below is based upon my personal knowledge, and if 6 called as a witness, could and would competently testify regarding the statements in this declaration. 7 3. In or around July 2020, I used Defendant Twomagnets Inc.’s (“Defendant’s”) digital 8 platform to schedule shifts as a nurse at various healthcare facilities in California, and Defendant 9 paid me for those shifts. 10 4. Defendant treated me and, based on my understanding, other health care professionals that 11 used Defendant’s platform, as independent contractors, not as employees. 12 5. I believe I was misclassified as an independent contractor and as a result I did not receive 13 overtime, or meal and rest breaks that I would have been entitled to as an employee. 14 6. Because I believed I suffered these wage and hour violations working for Defendant and 15 believed that other health care professionals that scheduled shifts using Defendant’s platform 16 suffered similar violations, I, along with the other class representative in this case, wanted to file a 17 lawsuit on behalf of myself and similarly situated health care professionals against Defendant. I 18 hired the Shakouri Law Firm in Los Angeles, California to represent me in connection with this 19 lawsuit. 20 7. Before filing this lawsuit, my attorneys made me aware of the obligations I had serving as a 21 class representative in this case. By deciding to serve as a class representative in this case, I 22 understood and agreed to pursue not only my own wage and hour claims, but the claims of all other 23 class members, and, if necessary, to put their interests ahead of my own. I decided to file this case 24 as a class action partly because I believed that similarly situated health care professionals were 25 unlikely to be aware of their rights. 26 8. My attorneys explained the risks associated with this litigation, and that the case could take 27 years to resolve, and therefore required a long-term commitment on my part. I also understood that 28 future employers, especially in my industry, may not hire me if they knew I had sued Defendant 2 DECLARATION OF PLAINTIFF NAHRAIN KARAM DocuSign Envelope ID: 0DB5C643-82FF-4EB4-BB43-937AC3A9B442 1 and that I could potentially be responsible for paying Defendant’s attorneys’ fees and costs if 2 Defendant prevailed in this lawsuit. However, I accepted those risks because I believed filing this 3 lawsuit was the right thing to do. 4 9. As the class representative in this case, I also understood that it was my job to act as a 5 fiduciary to the absent class members. Therefore, I wanted the best possible result to be obtained 6 for the class and I believe a great result was, in fact, achieved through the settlement the parties 7 reached. 8 10. I have no interests that are antagonistic to the class members in this case. 9 11. I believe that I have adequately served as a class representative in this case and will 10 continue to do so until its conclusion. 11 12. Before this lawsuit was filed, I had several conversations with my attorneys. Among other 12 things, I discussed with them Defendant’s practices and how they applied to myself and class 13 members. I also spent significant time gathering documents for my attorneys, provided them with 14 information, and answered their questions so that they could analyze everything I provided them 15 and assess the strength of our claims. 16 13. After filing of the lawsuit, I spent considerable time assisting my attorneys in litigating this 17 case. Among other things, I reviewed and provided input on key pleadings; was kept apprised of 18 developments in the case; obtained witnesses for my attorneys to interview; and had ongoing contact 19 with my attorneys. 20 14. After mediation, and after discussing the risks, benefits, and alternatives of continued 21 litigation, I agreed to settle the case on behalf of myself and class members. 22 23 I declare under penalty of perjury under the laws of the State of California that the foregoing 24 is true and correct. Executed at Las Vegas, Nevada. 25 4/13/2022 _______________ ________________________ 26 DATE NAHRAIN KARAM 27 28 3 DECLARATION OF PLAINTIFF NAHRAIN KARAM