Capitalized terms have the same meaning as contained in the Agreement.
DECLARATION OF KYLE R. NORDREHAUG IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OFCLASS SETTLEMENT
-2-I, KYLE R. NORDREHAUG, declare as follows:1.I am a partner in the law firm of Blumenthal, Nordrehaug & Bhowmik counsel of record for the Plaintiffs and the putative Class in this matter. As such, I am fully familiar with thefacts, pleadings and history of this matter. The following facts are within my own personalknowledge, and if called as a witness, I could testify competently to the matters stated herein.2.This declaration is being submitted in support of plaintiff’s Motion For an Order(1) Preliminarily Approving Settlement of Plaintiffs’ Claims; (2) Scheduling Final FairnessHearing; and, (3) Directing that Notice be sent to Class Members. Assuming the Court signs thePreliminary Approval Order on April 29, 2011, Plaintiffs suggest that the Final Fairness Hearing beset for a date that is 130 days out, which would mean September 9, 2011 or as soon thereafter as theCourt is available. Lodged herewith as Exhibit 1 is a copy of the Stipulation and SettlementAgreement (“Agreement”) along with exhibits thereto.
Fairness of Settlement3.Plaintiffs have agreed to a class Settlement with Defendant 8x8, Inc. (“Defendant”).As consideration for this Settlement, the Settlement Total that Defendant will pay under thisSettlement is a total of Six Hundred Twenty-five Thousand Dollars ($625,000). This payment willsettle all issues pending in the litigation between the Plaintiffs, on the one hand, and the Defendant,on the other hand, including but not limited to, all payments to the Settlement Class, attorney’s fees,litigation expenses, Service Payments to the Plaintiffs, the PAGA payment, and the expenses of theClaims Administrator. All of the Settlement Total will be disbursed pursuant to this Agreement,and no funds will revert to Defendant.4.The relief provided in the settlement will benefit all members of the Settlement Classequally. The settlement does not grant preferential treatment to Plaintiffs or segments of theSettlement Class in any way. All Settlement Class Members will receive the same opportunity toparticipate in and receive payment. Payments to the Settlement Class are all determined under the
E-FILED: Apr 8, 2011 8:00 AM, Superior Court of CA, County of Santa Clara, Case #1-10-CV-162413 Filing #G-30947