Yeremian Declaration

Electronically Filed by Superior Court of California, County of Orange, 04/14/2021 02:36:00 PM.
30-2019-01044791-CU-OE-CXC - ROA # 122 - DAVID H. YAMASAKI, Clerk of the Court By Olga Lopez, Deputy Clerk.
1 DAVID YEREMIAN & ASSOCIATES, INC.

DAVID YEREMIAN (SBN 226337)
2 David@yeremianlaw.com
JASON ROTHMAN (SBN 304961)
3 Jason@veremianlaw.com
535 N. Brand Blvd., Suite 705
4 Glendale, California 91203
Telephone: (818) 230-8380
5 Facsimile: (818) 230-0308
6 UNITED EMPLOYEES LAW GROUP, PC

WALTER HAINES (SBN 71075)
7 whaines@uelg.com
5500 Bolsa Ave., Suite 201
8 Huntington Beach, CA 92649
Telephone: (310) 652-2242
9
Attorneys for Plaintiffs’ Miguel Haro Lopez and Jesus
10 Rodriguez, on behalf of themselves and all others
similarly situated
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
FOR THE COUNTY OF ORANGE
13
MIGUEL HARO LOPEZ, an individual, on Case No. 30-2019-01044791-CU-OE-CXC
14 behalf of himself and others similarly situated,
CLASS ACTION
15 Plaintiff,
Assigned for All Purposes To:
16 vs. Hon. Kirk Nakamura
Dept.: CX-103
17 TW SERVICES, INC., a California corporation;
and DOES 1 through 50, inclusive, DECLARATION OF DAVID YEREMIAN
18 IN SUPPORT OF MOTION FOR FINAL
Defendants. APPROVAL OF CLASS ACTION
19 SETTLEMENT, ATTORNEYS’ FEES AND
EXPENSES, AND ENHANCEMENT
20 AWARD
21 [filed concurrently with Plaintiff’s Notice of
Motion and Motion; Declaration of Walter
22 Haines, Declaration of Madely Nava;
Declaration of Miguel Haro, Declaration of
23 Jesus Rodriguez;[Proposed] Order and
[Proposed] Judgment]
24
Date: May 6, 2021
25 Time: 2:00 p.m.
26 Complaint Filed: January 16, 2019

PAGA Complaint Filed: March 22, 2019
27 First Amended: July 8, 2020
28
DECLARATION OF DAVID YEREMIAN IN SUPPORT OF

MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT
1 DECLARATION OF DAVID YEREMIAN
2 I, David Yeremian, declare as follows:
3 1. I am an attorney licensed and admitted to practice before all courts of the State of
4 California, the United States District Courts for the Central, Southern, Eastern and Northern Districts
5 of California, and the Ninth Circuit Court of Appeals. I have personal knowledge of the facts herein,
6 and if called as a witness I could and would competently testify to them.
7 2. I am the managing attorney at the law firm of David Yeremian &Associates, Inc.,
8 counsel of record for Plaintiffs Miguel Haro Lopez and Jesus Rodriguez (“Plaintiffs” or “Class
9 Representatives”) on behalf of themselves and others similarly situated against Defendant TW
10 SERVICES, INC. (“Defendant”).
11 3. I am the attorney who has been primarily responsible for the prosecution of the
12 Plaintiffs’ claims on behalf of the putative class against Defendant. My firm along with the law firm
13 United Employees Law Group P.C. are referred to herein as “Class Counsel.”
14 4. All of the matters set forth herein are within my personal knowledge, except those
15 matters that are stated to be upon information and belief. As to such matters, I believe them to be
16 true. I have represented Plaintiffs and the putative Class since the inception of this matter. I submit
17 this Declaration in support of the Motion for Final Approval, filed by Plaintiffs, on behalf of
18 themselves and other similarly situated employees of Defendant, and without opposition from
19 Defendant, for final approval of the parties’ revised Joint Stipulation of Class Action Settlement
20 (“Settlement Agreement”), a copy of which is attached to this Declaration at Exhibit A. The Notice
21 of Class Action Settlement (“Class Notice”), as approved by the Court and mailed to the Settlement
22 Class Members on October 19, 2020 is provided at Exhibit A to the concurrently filed Declaration of
23 the Settlement Administrator, Madely Nava of ILYM Group, Inc. (“Nava Decl.”).
24 CASE HISTORY
25 5. On January 16, 2019, Plaintiff Miguel Haro Lopez filed a complaint in the Superior
26 Court of California, County of Orange, entitled Miguel Haro Lopez v. TW SERVICES, INC., Case
27 No. 30-2019-01044791-CU-OE-CXC (“Action” or “Litigation”), alleging nine causes of action
28 against Defendant TW SERVICES, INC., for: (1) Failure to Pay Minimum Wages, (2) Failure to Pay
1.
1 Wages and Overtime Under Labor Code § 510, (3) Meal Period Liability Under Labor Code § 226.7,
2 (4) Rest-Break Liability Under Labor Code § 226.7, (5) Violation of Labor Code § 226(a), (6)
3 Violation of Labor Code § 221, (7) Violation of Labor Code § 203, (8) Failure to Reimburse
4 Necessary Business Expenditures § 2802, and (9) Violation of Business & Professions Code §
5 17200, et seq.
6 6. On March 22, 2019, Plaintiff Miguel Haro Lopez filed a separate complaint under the
7 Private Attorney General Act of 2004, Labor Code § 2699, et seq, in the Superior Court of
8 California, County of Orange, entitled Miguel Haro Lopez v. TW SERVICES, INC., Case No. 30-
9 2019-01059193-CU-OE-CXC (“PAGA Complaint”). The PAGA Complaint was later consolidated
10 with the above entitled case on May 27, 2020. At this same time Class Counsel added an additional
11 named Plaintiff to the lawsuit, Jesus Rodriguez.
12 7. On November 7, 2019, the Parties participated in mediation before Lynn S. Frank, an
13 experienced wage and hour mediator. The mediation was a successful, arm’s-length negotiation,
14 with the Parties agreeing to settle this matter and enter into this Stipulation.
15 8. The Settlement is the product of extensive arm’s-length negotiations between the
16 parties. The parties are represented by experienced class action attorneys. In order to reach the
17 Settlement, the parties debated, discussed, and resolved many difficult legal and factual issues.
18 Moreover, during the process the parties were required to make reasonable compromises in light of
19 the facts, issues, and risks presented in this action. Class Counsel considered the uncertainty and
20 risks of further litigation, and the difficulties inherent in such litigation. Class Counsel also
21 considered the burdens of proof necessary to establish liability against Defendant and Defendant’s
22 defenses, the length and complexity of the trial itself, and the risks of further delays and expenses
23 arising from possible appeals. Assessment of all of these factors indicated that the best interests of
24 Class Members would be served by a settlement of this action in the manner and upon the terms set
25 forth in the Joint Stipulation of Class Action Settlement attached to my supplemental declaration in
26 support of preliminary approval and hereto as Exhibit A (“Settlement” or “Stipulation”).
27 9. To reiterate, under the terms of the proposed settlement, the amount available for
28 distribution to Class Members who do not opt out of the settlement is $2,500,000.00, less the
2.
1 following deductions: (1) up to $833,333.33 to Class Counsel for attorneys’ fees; (2) up to
2 $30,000.00 to Class Counsel for reimbursement of actual costs incurred; (3) up to a combined
3 $15,000.00 to the Class Representatives ($10,000.00 to Miguel Haro Lopez and $5,000.00 to Jesus
4 Rodriguez); (4) up to $28,000.00 for the Settlement Administration via a “not to exceed” quote; (5)
5 $75,000.00 to the Labor and Workforce Development Agency for PAGA Penalties (out of
6 $100,000.00 as allocated to the claim under the California Private Attorneys General Act) and (6)
7 Defendant’s share of payroll taxes as calculated by the Settlement Administrator. The Court granted
8 preliminary approval of the Settlement on December 14, 2020 after initial and supplemental briefing.
9 10. My Declaration in support of the motion for preliminary approval also provides the
10 Court with a detailed summary of the comprehensive informal discovery completed in advance of
11 mediation and the class numbers and data utilized (Yeremian MPA Decl., ¶¶ 13-17), a summary of
12 the important terms of the parties’ Settlement Agreement (MPA Decl., ¶¶ 18-22), and an explanation
13 Plaintiffs’ claims, Defendant’s defenses, and Defendant’s potential liability exposure as Plaintiffs’
14 counsel calculated it. (Id. at ¶¶ 23-50; see also, Supplemental Declaration of David Yeremian filed
15 on October 7, 2020, ¶ 11). From my experience in wage and hour litigation, the present settlement
16 has resulted in a substantial benefit to Class Members. In fact, the average settlement share is on
17 average $653.47 per Class Member with a high payment of $4,258.98. (Nava Decl., ¶ 14.) This is
18 an excellent result and well within the range of reasonableness, and confirms the continued and final
19 propriety and viability of the Court’s findings at preliminary approval.
20 SETTLEMENT ADMINISTRATION
21 11. The settlement administration was fairly settled and administered. After preliminary
22 approval ILYM Group, Inc. (“ILYM”), the settlement administrator, sent the Notice Packet to the
23 Class Members’ last-known addresses and made significant efforts to locate Class Members,
24 including performing skip traces on those employees who could not be located. (Nava Decl., ¶¶ 4-13
25 filed concurrently herewith).
26 12. Of the 2,330 Class Members who were sent notice, only 113 were ultimately
27 deemed undeliverable after ILYM conducted its due diligence. (Id. at ¶ 8-10) As of the date of
28 this declaration, none have objected to the settlement and only six have opted out. (Id. at ¶¶ 11-
3.
1 12)
2 13. The fact that there was a 99.74% participation rate indicates that the persons most
3 affected by Defendant’s alleged practices and who stand to benefit most from the settlement agree
4 that this is an outstanding result and a strong indication that the settlement is fair and adequate,
5 and that Class Members found it to be so. (Id. at ¶ 13.)
6 14. ILYM requests payment of administration costs of $28,000.00. (Id. at ¶ 15). The
7 amount was preliminarily approved and the parties request that it be awarded to ILYM Group for
8 administering the Settlement.
9 REQUEST FOR ATTORNEYS’ FEES AND COSTS
10 15. The preliminarily approved settlement calls for the payment of up to $833,333.33 in
11 attorneys’ fees, plus up to $30,000.00 of Class Counsel’s costs (Class Counsel’s actual costs in this
12 matter are less as detailed below). This request is fair, reasonable, and adequate to compensate Class
13 Counsel for the substantial work they have put into this case and the risk they assumed by taking it in
14 the first place. The attorneys’ fees award is intended to reimburse Class Counsel for all
15 uncompensated work that they have already done and for all the work they will continue to do in
16 carrying out and overseeing the administration of the settlement. To provide the Court with an
17 overview of the work done by Class Counsel in this case, I provide a detailed summary of the hours I
18 have invested in this action and the tasks Jason Rothman performed as Exhibit B and Exhibit C to
19 this Declaration. I have expended 190 hours to date managing this litigation. Mr. Rothman from my
20 office expended 357 hours and my co-counsel, Mr. Walter Haines, has invested 46 hours. Plaintiffs’
21 counsels have collected billed 593 total hours prosecuting this action. This detailed summary is
22 intended to provide the Court with sufficient detail to of the tasks performed in connection with
23 specific motions or events or phases that track the progress of the litigation from our initial
24 investigation through settlement.
25 The Lodestar Method
26 16. Class Counsel’s lodestar calculation supports the requested attorneys’ fees. The
27 lodestar calculation typically proceeds in three steps. First, a trial court must determine a baseline
28 guide or “lodestar” figure based on the time spent and reasonable hourly compensation for each
4.
1 attorney involved in the case. Serrano v. Priest (1975) 20 Cal.3d 25, 48. The court then sets a
2 reasonable hourly fee to apply to the time expended, with reference to the prevailing rates in the
3 geographical area in which the action is pending. Bihun v. AT&T Information System (1993) 13
4 Cal.App.4th 976, 997. Finally, a “multiplier” is selected with reference to the following factors: (1)
5 the novelty and difficulty of issues involved, (2) the skill displayed in presenting them, (3) the extent
6 to which the nature of the litigation precluded other employment by the attorneys, and (4) the
7 contingent nature of the fee award, based on the uncertainty of prevailing on the merits and of
8 establishing eligibility for the award. Serrano, supra, 20 Cal.App.3d at 49.
9 17. Class Counsel charges rates commensurate with the prevailing market rates in the Los
10 Angeles area for attorneys of comparable experience and skill handling complex litigation. The
11 hourly rates for individual lawyers who worked on this matter are:
12 ATTORNEY RATE
13 David Yeremian $750
Jason Rothman $450
14
Walter Haines $675
15
16
Aside from being warranted by our skill, experience and ability, Class Counsel rates that were used in
17
application of the lodestar cross check in this case, are supported by the Laffey Matrix attached hereto
18
as Exhibit D. According to the Laffey Matrix, Class Counsel’s rates are less than or in line with the
19
prevailing market rates (David Yeremian $750 v. $759 (18 years), Jason Rothman $450 v. $465 (5
20
years), Walter Haines $675 v. $914 (40 years)). Therefore for Lodestar cross-check purposes, using
21
these rates and the above summary of attorney hours, I have invested 190 hours for a total of
22
$142,000.00 in attorneys’ fees ($750 x 190 hours = $142,000.00). Mr. Rothman has invested 357
23
hours resulting in $176,715.00 in attorneys’ fees ($450 x 357 hours = $160,650.00). Mr. Haines has
24
invested 46 hours resulting in $31,050.00 in attorneys’ fees. (Declaration of Walter Haines, ¶ 7.)
25
Without consider time invested by other firm members including attorneys, paralegals, staff, etc.,
26
Plaintiffs’ counsels have collectively invested 593 hours total $333,700.00 in attorneys’ fees. The
27
requested fee award of $833,333.33 therefore requires what Counsel respectfully submits is a
28
5.
1 reasonable multiplier of 2.5. I submit the multiplier is well-justified in this instance in that our efforts
2 and abilities have positioned this action for a relatively early resolution which is best for the parties
3 and the employees in the Class, and such efficient resolution should be preferred to incurring more
4 billable hours through contested motion practice and discovery wars.
5 18. As for the Serrano factors, all militate in favor of the requested fee award. This case
6 raised a number of complex and contested issues, and Class Counsel exhibited skill and creativity in
7 prosecuting and presenting them. Chief among these was the law relating to piece rate issues, non-
8 productive time, meal periods, and failure to pay class members final wages. I provided a detailed
9 summary of the parties’ arguments for and against liability as to Defendant, and of the estimated
10 potential damages calculations we used for mediation, in my Declaration in support of the motion for
11 preliminary approval. (Yeremian MPA Decl., ¶¶ 23-50).
12 19. This case was not straightforward. Class Counsel had to spend time researching and
13 analyzing each of these claims and issues in order to adequately assess the liability of Defendant.
14 Class Counsel then had to develop the evidence necessary through discovery to establish Defendant’s
15 liability. This was done through carefully sifting through hundreds of pages of documents and
16 conferring with our statistical expert.
17 20. In sum, Class Counsel had to come up with creative approaches to these issues in
18 litigating the case and, ultimately, negotiating and crafting the settlement. To this end, Class Counsel
19 has devoted a tremendous amount of time and energy. As shown in the table above, Class Counsel
20 has spent a substantial number of hours working on this case. This time commitment was necessary in
21 order to research, construct and prosecute viable legal claims in the face of stiff opposition, but it has
22 come at a cost. In particular, the time Class Counsel has devoted to this case has prevented them from
23 taking on many other cases, including hourly work for which compensation for work done would
24 have been more certain. Class Counsel has also had to forgo a number of other potential employment
25 matters that might have settled during the pendency of this litigation and yielded significant
26 attorneys’ fees. Despite these considerations Class Counsel zealously represented Plaintiffs and the
27 class and have obtained a favorable result.
28 21. Such is not always the case. Indeed, Class Counsel has invested time and money into
6.
1 numerous other cases, including class actions, that have fizzled for one reason or another, leaving
2 Class Counsel completely without any compensation for their effort. Here Class Counsel has
3 achieved a beneficial settlement for the class, but this was by no means a foregone conclusion; indeed
4 their efforts might well have been frustrated by any number of obstacles with which they were
5 presented along the way. Nor could class certification be guaranteed. In addition, Defendant could
6 have exerted pressure on Plaintiffs to dismiss their claims by offering them an individual settlement,
7 an experience with which Class Counsel are not unfamiliar. However, Class Counsel was able to
8 navigate the shoals of unpredictability to achieve a desirable result, and they have done so without
9 receiving any compensation to speak of thus far because they took this case on a contingency-fee
10 basis.
11 22. From the foregoing analysis, Class Counsel’s requested attorneys’ fees are fair and
12 reasonable. The lodestar amount for Class Counsel in this matter totals $333,700.00 to date, and we
13 are requesting fees of $833,333.33 pursuant to the preliminarily approved Settlement which amounts
14 to a 2.5 multiplier. Class Multipliers routinely range from 3 to 5, and it is not uncommon that
15 multipliers of between 5 and 10, or higher, are applied. See, e.g., Wilson v. Bank of Am. Natl. Trust &
16 Savs. Assn., No. 643872 (Cal. Sup. Ct., Aug. 16, 1982) (multiplier of 10); Glendora Comm. Redev.
17 Agency v. Demeter (1984) 155 Cal.App.3d 456, 465 (affirming multiplier of 12, and expressly
18 rejecting argument that fee was either exorbitant or unconscionable). Class Counsel respectfully
19 submits that the lodestar cross-check confirms the reasonableness of the attorneys’ fee award as a
20 percentage of the substantial common fund benefit secured for the Settlement Class.
21 23. Without waiving the attorney-client privilege, Plaintiffs were each aware from the
22 first meetings with me and my co-counsel that we would be splitting the fee that could be obtained in
23 the case and signed a retainer to that affect for each of them. Class Counsel will be splitting the fee
24 awarded as follows (assuming the Court grants Class Counsels’ requested amount of attorneys’
25 fees): 1) $287,777.78 to United Employees Law Group, PC and 2) $545,555.55 to David Yeremian
26 & Associates, Inc. The fee-splitting agreement has been approved by Plaintiffs in writing because it
27 is stated in the retainer agreement.
28 ///
7.
1 The Percentage-of-the-Benefit Comparison
2 24. In settlements where a definite monetized fund is created, it is appropriate for courts
3 to evaluate the lodestar amount as a percentage of the recovery and adjust it accordingly if the
4 lodestar differs from the range of percentage fees freely negotiated in comparable litigation. See
5 Lealao v. Beneficial Calif., Inc. (2000) 82 Cal.App.4th 19, 49-50.
6 25. My firm took this case on a contingent-fee basis against a corporation represented by
7 a reputable defense firm. When we take contingent cases, we must pay careful attention to the
8 economics involved or one bad case can destroy years of work. Accordingly, in such cases, we
9 anticipate that we shall, if successful, receive a fee that exceeds our normal hourly rate; otherwise the
10 risk is often too great to bear. Even when we work long hours, the number of hours in a day is
11 limited. Because of this, when we take on one particular matter, we are unable to take on other
12 matters. When my firm became involved in this case, we realized the time commitment it would
13 entail and were forced to turn down other matters that we otherwise should have been able to handle.
14 26. Contingent-fee cases present the very real risk of working hundreds if not thousands
15 of hours that may never be entirely compensated. Moreover, while the case is being litigated, counsel
16 must pay overhead (salaries, rent, etc.), provide for their own expenses, and in most cases pay the
17 out-of-pocket expenses incurred on the plaintiffs’ behalf. And the prospect of a court-awarded fee
18 does not greatly reduce the risk posed by these cases. In many cases, the prospect is nothing more
19 than a potential that never materializes. First, you must win the case to get a court-awarded fee; even
20 those cases that seem strongest at the onset can be lost and sometimes are lost. Second, there are
21 always the pitfalls and unforeseen obstacles that arise along the way, such as settlement offers that the
22 client may accept without ensuring that we receive a reasonable fee or changes in the law that
23 substantially affect the merits of the case, or other uncertainties involving the client. Finally, there is
24 the great risk inherent in advancing tens if not hundreds of thousands of dollars in out-of-pocket
25 expenses. If that money were to be invested in some sort of financial investment, one would expect a
26 reasonable rate of return on that investment. Here, however, the best we can hope to recover is our
27 money, and then only if we are substantially successful; if we are not, all or part of this “investment”
28 can be lost.
8.
1 27. Class Counsel is well acquainted with the contingent-fee market throughout
2 California, particularly as it pertains to wage-and-hour and class-action litigation. Class Counsel has
3 negotiated numerous contingency-fee agreements with plaintiffs, both as individuals and as
4 representatives in class-action suits. Many of those agreements required that counsel receive a fee
5 under certain scenarios that exceeds thirty-five percent of the recovery. Plaintiffs each signed a
6 retainer agreement indicating that Class Counsel could receive a fee under certain scenarios that
7 exceeds 33 1/3 percent of the recovery.
8 28. Class counsel in contingency-fee cases typically receive attorneys’ fees equal to or
9 greater than a third of the gross settlement amount. See, e.g., Evans et al. v. Coca-Cola (Los Angeles
10 County Sup.Ct. 2001 Case No. BC 220525 (Hon. Richard C. Hubbell)) (approving an award of
11 attorney’s fees of at least 33-1/3% of the settlement); Moreno v. Miller Brewing (Los Angeles County
12 Sup. Ct. April 2004 BC 278170 (Hon. David M. Minning)) (same); and Josiah Eaton, et al. v. Adolph
13 Coors Company (Orange County Sup. Ct. 2003 Case No. 01CC00140 (Hon. Stephen J. Sundvold))
14 (at least same award); Daum v. Claim Jumper Restaurants (Orange County Sup. Ct. 2006 Case No.
15 02CC10201 (Hon. Ronald L. Bauer)) (final approval of same); Moore v. IKEA (Los Angeles County
16 Sup. Ct. 2006 Case No. BC 263646 (Hon. Peter Lichtman)) (final approval of same); Big Lots
17 Overtime Cases (San Bernardino County Sup. Ct. February 2004, JCCP Proceeding No. 4283 (Hon.
18 Walter L. Blackwell, III)) (same); and Fitzpatrick v. Baja Fresh (Los Angeles Super. Ct. Case No.
19 BC 265578 (Hon. Anthony J. Mohr)) (same). Thus, the fees requested in this case are in line with, if
20 not less than, the fees routinely awarded in class action wage-and-hour cases.
21 29. Indeed, California courts have approved attorney’s-fee awards in excess of the
22 benchmark of one-third of the settlement fund. See Crandall v. U-Haul (Los Angeles County Sup.
23 Ct., Case No. BC178775), the Honorable Steven Czuleger awarded a 40% attorney fee request in an
24 overtime-exemption class action; in Bushnell v. Cremar, Inc. (Orange County Sup. Ct., Case No.
25 657778), the Honorable Donald E. Smallwood awarded attorneys’ fees in the amount of 38%; in
26 Abzug v. Kerkorian CA000981 (Los Angeles County Sup. Ct., November 1990), the Honorable R.
27 William Schoettler awarded a 45% fee; in Haitz v. Meyer, et al., Alameda County Sup. Ct., 8-20-
28 1990 No. 572968-3, the court awarded a 40% fee; in Elliott v. Clothestime (Orange County Sup. Ct.,
9.
1 Case No. 01-CC00333) the Honorable Jonathan Cannon awarded a 40% fee in a wage-and-hour class
2 action which had not yet proceeded to the class certification stage; in both Rippee v. Boston Market
3 Corporation, Case No.: 05 CV 1359 BTM (JMA) and Barile v. Boston Market Corporation, Case
4 No.: 05 CV 1360 BTM (JMA), the Honorable Judge Barry T. Moskowitz awarded a 40% fee to
5 plaintiffs’ counsel in wage-and-hour class actions that had not proceeded to the class-certification
6 stage.
7 30. In light of the foregoing, the fee request in an amount equal to one-third of the Total
8 Class Action Settlement Amount ($833,333.33) is well within the bounds that have been established
9 by the above-cited authority. Defendant has no objection to an award of fees in the amount requested.
10 Moreover, the Class Notice mailed to Class Members stated the amount of fees requested by Class
11 Counsel; however, not a single Class Member has objected to an award of fees in the amount
12 requested.
13 Costs
14 31. As of the date of the filing of the instant motion, my firm has costs of $12,190.38 and
15 the firm of United Employee Law Group, PC has incurred costs of $3.10. (Declaration of Walter
16 Haines, ¶ 11.) See Class Counsel’s Cost Log attached hereto and incorporated herein as Exhibit E
17 Class Counsel incurred costs including, but not limited to, filing fees (e.g. complaint, stipulation,
18 motions, mediation), service of process, travel costs associated with mediation, mediation fees, expert
19 analysis fees, attorney-service costs for court filings, copy charges for documents, parking, and
20 postage charges. The Settlement provides for reimbursement to Counsel of up to $30,000.00 and
21 Counsel hereby requests $12,193.48 which were all reasonably incurred in the prosecution of this
22 action.
23 ENHANCEMENT AWARDS TO NAMED PLAINTIFFS ARE REASONABLE
24 32. Plaintiffs are entitled to reasonable service payments for their efforts and initiative in
25 bringing and helping to prosecute this action. Plaintiffs assumed great risk by challenging
26 Defendant’s wage-and-hour policies and bringing suit against Defendant. Plaintiffs spent time better
27 apprising themselves of their rights, deciding whether remedial action should be taken, how it should
28 be taken, searching for attorneys, and finally contacting their attorneys, who spent many hours with
10.
1 them discussing their case and the law. In the end, Plaintiffs decided to vindicate not only their own
2 rights but also those of their fellow employees by filing a class action lawsuit.
3 33. The courage it took to stand up to Defendant in this way should not be
4 underestimated. Few people want to file lawsuits, especially against their former employers. This
5 aversion was and is especially keen in today’s economic climate, where remunerative work has been
6 hard to come by. By suing their former employer, Plaintiffs increased their risk of retaliation by
7 prospective employers. Plaintiffs’ have now cost Defendant a substantial sum of money through their
8 courage in vindicating their rights and the rights of past and present workers, and such conduct will
9 not be lost on a prospective employer who has to choose between an applicant who has never sued a
10 prior employer and one who has. This risk is particularly real in the information age, where
11 employers can, more easily than ever, perform background checks of prospective employees,
12 sometimes with the stroke of a key.
13 34. But Plaintiffs did not allow their fear of potential repercussions of being a class
14 representative deter them from acting for the benefit of Class Members. Quite the contrary, Plaintiffs
15 were intimately involved with the case since they retained Class Counsel. They have devoted a
16 substantial amount of time to helping Class Counsel effectively develop and prosecute this action at
17 every stage of the litigation. Plaintiffs conferred with Class Counsel on numerous occasions to
18 discuss every aspect of this case; provided information about Defendant; reviewed documents;
19 produced documents; identified witnesses; monitored the progress of the litigation; took the time to
20 apprise themselves of the facts, issues and law regarding the claims at issue, attending part of
21 mediation telephonically (as to Mr. Haro), spent time with Class Counsel discussing the terms of the
22 settlement and have reviewed and executed the Stipulation. In all, Plaintiffs estimate that they have
23 devoted numerous hours in preparing the Action and seeing it through to settlement.
24 35. Plaintiffs each spent a significant amount of time with Class Counsel detailing their
25 knowledge of Defendant’s practices and assisting in the prosecution of this action. They have
26 diligently, adequately, and fairly represented Class Members and have not placed their own interests
27 above any member of the putative class. Class Counsel believes that Plaintiffs are entitled to an
28 enhancement award for the time and effort they have devoted to this case. Defendant has agreed not
11.
1 to oppose it. Such payments to class representatives are a common feature of settlements negotiated
2 by Class Counsel, and trial courts routinely approve them. In light of the foregoing, Class Counsel
3 believes an enhancement award of $10,000.00 to Plaintiff Miguel Haro Lopez and an enhancement
4 award of $5,000.00 to Plaintiff Jesus Rodriguez is fair and reasonable.
5 36. California trial courts routinely approve enhancement payments to class
6 representatives in wage-and-hour class-action settlements. See, e.g., Bennett v. Countrywide
7 Financial Corporation (2005) San Diego Sup. Ct. Case No. GIC840981 ($35,000); Hogue v. WH
8 Smith of Nevada, Inc. (2004) San Diego Sup. Ct. Case No. GIC830653 ($20,000); Fiez v. Brown
9 Group Retail Inc., d.b.a. Famous Footwear (2003) Orange County Sup. Ct. Case No. 01CC00381
10 ($35,000 to current employee of defendant and $20,000 to former employee); Barry v. Cost Plus, Inc.
11 (2003) OCSC No. 01CC00380 ($35,000 for each named plaintiff); Lajoie v. The Picture People, Inc.
12 (2003) Orange County Sup. Ct. Case No. OlCC00324 ($25,000 each for two named plaintiffs);
13 Franco v. Vans, Inc. (2002) Orange County Sup. Ct. Case No. 01CC03995 ($35,000 for each named
14 plaintiff); Crandall v. U-Haul Corporation (2001) Los Angeles Sup. Ct. Case No. BC 178775
15 ($20,000 for each named plaintiff); Joel v. Athlete’s Foot Group (2001) Los Angeles Sup. Ct. Case
16 No. BC 234231 ($25,000). Plaintiffs’ enhancement request is substantially less than the
17 enhancements approved in these cases; therefore it is reasonable.
18 LABOR CODE § 2699(l)(2) COMPLIANCE
19 37. In compliance with Labor Code §2699(l)(2), Plaintiffs have attached the proof of
20 service of the settlement agreement as Exhibit F.
21 I declare under the penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct.
23 Executed this 14th day of April, 2021 at Glendale, California.
24
_______________________________
25 David Yeremian
26
27
28
12.
EXHIBIT A
1 DAVID YEREMIAN & ASSOCIATES, INC.
David Yeremian (SBN 226337)
2 David@yeremianlaw.com
Jason Rothman (SBN 304961)
3 Jason@yeremianlaw.com
535 N. Brand Blvd., Suite 705
4 Glendale, California 91203
Telephone: (818) 230-8380
5 Facsimile: (818) 230-0308
6 UNITED EMPLOYEES LAW GROUP, PC
Walter Haines (SBN 71075)
7 whaines@uelg.com
5500 Bolsa Ave., Suite 201
8 Huntington Beach, CA 92649
Telephone: (310) 652-2242
9
Attorneys for Plaintiffs Miguel Haro Lopez and Jesus Rodriguez,
10 on behalf of themselves and all others similarly situated
11 CUMMINS & WHITE, LLP
Erick J. Becker, P.C. (Bar No. 137180)
12 ebecker@cwlawyers.com
Noura K. Rizzuto (Bar No. 291455)
13 nrizzuto@cwlawyers.com
2424 S.E. Bristol Street, Suite 300
14 Newport Beach, CA 92660-0764
Telephone: (949) 852-1800
15 Facsimile: (949) 852-8510
16 Attorneys for Defendant, TW SERVICES, INC.
17
SUPERIOR COURT OF THE STATE OF CALIFORNIA
18
FOR THE COUNTY OF ORANGE
19
20 MIGUEL HARO LOPEZ, an individual, on Case No. 30-2019-01044791-CU-OE-CXC

behalf of himself and others similarly situated,
21 CLASS ACTION
Plaintiff,
22 Assigned for All Purposes To:
vs. Hon. William D. Claster
23
TW SERVICES, INC., a California corporation; JOINT STIPULATION OF CLASS ACTION
24 and DOES 1 through 50, inclusive, SETTLEMENT
25 Defendants.
26
Complaint Filed: January 16, 2019
27
28
JOINT STIPULATION OF CLASS ACTION SETTLEMENT

1 This Joint Stipulation of Class Action Settlement (“Settlement” or “Settlement
2 Agreement”) is made and entered into by and between Plaintiff Miguel Haro Lopez and Jesus
3 Rodriguez (“Plaintiffs” or “Class Representatives”), a individual and on behalf of all others
4 similarly situated, and Defendant TW SERVICES, INC., a California corporation (“Defendant”)
5 (collectively with Plaintiff, the “Parties”).
6 DEFINITIONS
7 The following definitions are applicable to this Settlement Agreement.
8 Definitions contained elsewhere in this Settlement Agreement will also be effective:
9 1. “Actions” means Miguel Haro v TW Services, Inc., et al., Orange County
10 Superior Court Case No. 30-2019-01044791-CU-OE-CXC and Case No. 30-2019-01059193-
11 CU-OE-CXC.
12 2. “Attorneys’ Fees and Costs” means attorneys’ fees and costs approved by the
13 Court for Class Counsel’s litigation and resolution of these Actions.
14 3. “Class Counsel” means David Yeremian & Associates, Inc., and United
15 Employees Law Group, PC
16 4. “Class List” means a complete list of all Class Members that Defendant will
17 diligently and in good faith compile from its records and provide to the Settlement
18 Administrator within ten (10) days after Preliminary Approval of this Settlement. The Class
19 List will be formatted in Microsoft Office Excel and will include the following information
20 from Defendant’s records: each Class Member’s full name; last-known mailing address; Social
21 Security number; and dates of employment as a non-exempt employee in California during the
22 Class Period.
23 5. “Class Member(s)” or “Settlement Class” means all current and former non-
24 exempt employees of Defendant who worked in California during the Class Period (or if any
25 such person is incompetent, deceased, or unavailable due to military service, the person’s legal
26 representative or successor in interest evidenced by reasonable verification). “Class Members”
27 shall not include any person who submits a timely and valid request for exclusion.
28 ///
-2-
1 6. “Class Period” means the period from January 16, 2015 through April 15, 2020.
2 7. “Class Representatives Enhancement Payment” means the amount approved by
3 the Court to be paid to Plaintiffs in recognition of their contributions to the Actions on behalf of
4 Class Members and Aggrieved Employees.
5 8. “Court” means the Superior Court of California, County of Orange.
6 9. “Defendant” means TW Services, Inc., a California corporation.
7 10. “Effective Date” means: (a) the date of entry of the Court’s order granting final
8 approval of the Settlement Agreement and Judgment, if no objections have been filed or if an
9 objection was filed and later withdrawn; or (b) if an objection to the Settlement Agreement is
10 filed, then the date when the time expires to file an appeal of the Court’s grant of Final
11 Approval of the Settlement Agreement; or (c) if an objection is filed, as well as a timely Notice
12 of Appeal of the Court’s grant of Final Approval of the Settlement Agreement, then the date the
13 appeal is finally resolved, with the final approval unaffected.
14 11. “Individual Settlement Payment” means each Class Member’s share of the Net
15 Settlement Amount.
16 12. “Maximum Settlement Amount” is the amount of two million and five hundred
17 thousand dollars, and zero cents ($2,500,000.00), which is the maximum amount to be paid by
18 Defendant pursuant to this Settlement Agreement. The Maximum Settlement Amount includes
19 all Individual Settlement Payments to Class Members, the Class Representatives Enhancement
20 Payment to Plaintiffs, Attorneys’ Fees and Costs to Class Counsel, the Settlement
21 Administration Costs to the Settlement Administrator and the PAGA Payment as specified in
22 this Agreement. Defendant shall pay the employer’s share of payroll taxes due on the portion of
23 Settlement Payments allocated to wages separately and in addition to the Maximum Settlement
24 Amount. The Parties agree that Defendant will have no obligation to pay any amount in
25 connection with this Settlement Agreement apart from the Maximum Settlement Amount and
26 the employer’s share of payroll taxes due on the portion of Settlement Payments allocated to
27 wages, and that none of the Maximum Settlement Amount will revert to Defendant.
28 ///
-3-
1 13. “Net Settlement Amount” means the Maximum Settlement Amount, less the
2 Class Representatives Enhancement Payment, Attorneys’ Fees and Costs, and Settlement
3 Administration Costs, and seventy-five percent (75%) of the PAGA Payment as specified in
4 this Agreement.
5 14. “Objection” means any written objection to this Settlement sent by a Class
6 Member to the Settlement Administrator as specified herein and in the Notice of Settlement.
7 An Objection to Settlement must be sent to the Settlement Administrator within the time
8 limitations set forth in this Stipulation.
9 15. “Notice of Class Action Settlement” means the notice of settlement, attached as
10 Exhibit A, to be mailed to all members of the Settlement Class upon Preliminary Approval.
11 16. “PAGA” means the California Labor Code Private Attorneys General Act of
12 2004.
13 17. “PAGA Payment” means the payment made hereunder to the California Labor
14 and Workforce Development Agency and the Settlement Class Members for settlement of
15 claims for civil penalties under PAGA.
16 18. “Parties” means Plaintiffs and Defendant collectively.
17 19. “Plaintiffs” means Miguel Haro Lopez and Jesus Rodriguez.
18 20. “Preliminary Approval” means the Court order granting preliminary approval of
19 the Settlement Agreement.
20 21. “Released Claims” means all causes of action and factual or legal theories that
21 were alleged in the operative complaints or that could have been alleged against Defendant
22 based on the facts contained in the operative complaints, including all of the following claims
23 for relief: (a) failure to pay all regular wages, minimum wages and overtime wages due; (b)
24 failure to provide proper meal and rest periods, and to properly provide premium pay in lieu
25 thereof; (c) failure to provide complete, accurate or properly formatted wage statements; (d)
26 waiting time penalties; (e) failure to reimburse all necessary business expenses; (f) unfair
27 business practices that could have been premised on the claims, causes of action or legal
28 theories of relief described above or any of the claims, causes of action or legal theories of
-4-
1 relief pleaded in the operative complaint; (g) all claims under the California Labor Code Private
2 Attorneys General Act of 2004 that could have been premised on the claims, causes of action or
3 legal theories described above or any of the claims, causes of action or legal theories of relief
4 pleaded in the operative complaint; (h) any other claims or penalties under the California Labor
5 Code or other wage and hour laws pleaded in the Actions; and (i) all damages, penalties,
6 interest and other amounts recoverable under said claims, causes of action or legal theories of
7 relief. The period of the Release shall extend to the limits of the Class Period. The res
8 judicata effect of the Judgment will be the same as that of the Release. Defendant shall be
9 entitled to a release of Released Claims which occurred during the Class Period only during
10 such time that the Settlement Class Member was classified as non-exempt, and expressly
11 excluding all other claims for vested benefits, wrongful termination, unemployment insurance,
12 disability, social security, workers’ compensation, claims while classified as exempt, and claims
13 outside of the Class Period.
14 22. “Released Parties” means Defendant, and their past, present and/or future,
15 direct and/or indirect, officers, directors, members, managers, employees, agents,
16 representatives, attorneys, insurers, partners, investors, shareholders, administrators, parent
17 companies, subsidiaries, affiliates, divisions, predecessors, successors, assigns, and joint
18 venturers, if any.
19 23. “Request for Exclusion” means a timely written request by a Class Member to
20 be excluded from the Settlement. The Request for Exclusion must: (i) set forth the name,
21 address, telephone number and last four digits of the Social Security Number of the Class
22 Member requesting exclusion; (ii) be signed by the Class Member; (iii) be returned to the
23 Settlement Administrator; (iv) clearly state that the Class Member does not wish to be included
24 in the Settlement; and (v) be postmarked on or before the Response Deadline.
25 24. “Response Deadline” means the deadline by which Class Members must
26 postmark to the Settlement Administrator Requests for Exclusion or Objections to the
27 Settlement. The Response Deadline will be forty-five (45) calendar days from the initial
28 mailing of the Notice of Class Action Settlement by the Settlement Administrator, unless the
-5-
1 45th day falls on a Sunday or Federal holiday, in which case the Response Deadline will be
2 extended to the next day on which the U.S. Postal Service is open.
3 25. “Settlement Administrator” means ILYM Group, Inc. or any other third-party
4 class action settlement administrator approved by the Parties and the Court for the purposes of
5 administering this Settlement. The Parties each represent that they do not have a financial
6 interest in the Settlement Administrator or otherwise have a relationship with the Settlement
7 Administrator that could create a conflict of interest.
8 26. “Settlement Administration Costs” includes all costs payable to the Settlement
9 Administrator for administering this Settlement, including, but not limited to, printing,
10 distributing, and tracking notice and other documents for this Settlement, tax reporting,
11 distributing all payments to be made pursuant to this Settlement, and providing necessary
12 reports and declarations, as requested by the Parties. After conference and consultation with the
13 Settlement Administrator, $28,000.00 will be allocated to Settlement Administration.
14 27. “Workweeks” means the number of calendar weeks that the Class Member
15 worked as a non-exempt employee in California during the Class Period.
16 28. “Workweek Value” means the value of each compensable Workweek, as
17 determined by the formula set forth in herein.
18 TERMS OF AGREEMENT
19 Plaintiff, on behalf of himself and the Settlement Class, and Defendant agrees as
20 follows:
21 29. Funding of the Maximum Settlement Amount. Defendant will make monthly
22 installment payments to an interest-bearing Qualified Settlement Fund, which the Settlement
23 Administrator will manage and establish by January of 2020. These monthly payments will
24 continue in equal installments for exactly twelve (12) months or until the Maximum Settlement
25 Amount is otherwise paid in full and the Qualified Settlement Fund is fully funded by
26 Defendant. The Maximum Settlement Amount will be used to pay: (i) Individual Settlement
27 Amounts; (ii) the Class Representatives Enhancement Payment; (iii) Attorneys’ Fees and Costs;
28 (iv) the PAGA Payment; and the (v) Settlement Administration Costs.
-6-
1 30. Attorneys’ Fees and Costs. Class Counsel will seek an award of Attorneys’ Fees
2 and Costs of not more than Eight Hundred and Thirty-Three Thousand, Three Hundred and
3 Thirty-Three Dollars and Thirty Three Cents ($833,333.33) in attorney’s fees and not more than
4 Thirty Thousand Dollars ($30,000) in costs, and Defendant agrees not to oppose such
5 application. All Attorneys’ Fees and Costs will be paid from the Maximum Settlement Amount.
6 Plaintiffs and Class Counsel will not have the right to revoke this Settlement in the event the
7 Court fails to approve the amount of Attorneys’ Fees and Costs sought by Class Counsel. Any
8 portion of the Attorneys’ Fees and Costs not awarded to Class Counsel will be added to the Net
10 31. Class Representatives Enhancement Payment. Plaintiffs will apply to the Court
11 for aa combined Class Representatives Enhancement Payment of not more than Fifteen
12 Thousand Dollars ($15,000.00) for their efforts and work in prosecuting the Actions on behalf of
13 Class Members and Aggrieved Employees and Defendant agrees not to oppose such application.
14 Ten thousand ($10,000.00) shall be allocated to Miguel Haro Lopez and five thousand
15 ($5,000.00) shall be allocated to Jesus Rodriguez. The Class Representatives Enhancement
16 Payment, which will be paid from the Maximum Settlement Amount, will be in addition to
17 Plaintiffs’ right to an Individual Settlement Payment pursuant to the Settlement. Plaintiffs will be
18 solely and legally responsible to pay any and all applicable taxes on the payments made pursuant
19 to this paragraph and will hold Defendant harmless from any claim or liability for taxes,
20 penalties, or interest arising as a result of the payments. Plaintiffs will not have the right to
21 revoke this Settlement in the event the Court fails to approve the amounts sought by Plaintiffs as
22 the Class Representatives Enhancement Payment. Any portion of the Class Representatives
23 Enhancement Payment not awarded to the Class Representatives will be added to the Net
25 32. Settlement Administration Costs. The Settlement Administrator will be paid for
26 the reasonable costs of administration of the Settlement and distribution of payments. These
27 costs, which will be paid from the Maximum Settlement Amount, will include, inter alia, the
28 required tax reporting on the Individual Settlement Payments, the issuing of 1099 IRS Forms,
-7-
1 preparing and distributing Notices of Class Action Settlement, calculating and distributing all
2 payments to be made pursuant to the Settlement, and providing necessary reports and
3 declarations. Class Counsel obtained a “not to exceed” quote from the Settlement Administrator
4 to complete the administration for $28,000.00. The Settlement Administrator’s “not to exceed”
5 quote will represent the Settlement Administrator’s agreement that, based on the class size and
6 distributions under the terms of this Settlement, the costs for administration of the terms of this
7 Settlement will not exceed the specified amount. All of the Settlement Administration Costs
8 shall be paid from the Maximum Settlement Amount upon completion of all duties required to
9 be performed by the Settlement Administrator under the terms of this Settlement, or as
10 otherwise required by the Court, subject to the “not to exceed” quote from the Settlement
11 Administrator. The Settlement Administrator will set up the Qualified Settlement Fund by
12 January of 2020 into which Defendant will make equal monthly payments such that the entire
13 Maximum Settlement Amount will be available for distribution following final approval and in
14 accordance with this Agreement.
15 33. PAGA Payment. One Hundred Thousand Dollars ($100,000) shall be allocated
16 from the Maximum Settlement Fund for settlement of claims for civil penalties under PAGA.
17 The Settlement Administrator shall pay seventy-five percent (75%) of such $100,000 PAGA
18 Payment, or $75,000, to the LWDA. Twenty-five (25%) of the $100,000 PAGA Payment, or
19 $25,000, will be included in the Net Settlement Amount and distributed to Settlement Class
20 Members as described in this Agreement. Each Settlement Class Member’s pro rata share of
21 that $25,000 will be part of his or her Individual Settlement Payment.
22 34. Individual Settlement Payment Calculations. Individual Settlement Payments
23 will be calculated and apportioned from the Net Settlement Amount based on the number of
24 Workweeks a Class Member worked during the Class Period as a non-exempt employee in
25 California. Specific calculations of Individual Settlement Payments will be made as follows:
26 34(a). The Settlement Administrator will calculate the total number of
27 Workweeks worked by each Class Member as a non-exempt employee in California during the
28 Class Period and the aggregate total number of Workweeks worked by all Class Members as
-8-
1 non-exempt employees in California during the Class Period.
2 34(b). To determine each Class Member’s estimated “Individual Settlement
3 Payment,” the Settlement Administrator will use the following formula: The Net Settlement
4 Amount will be divided by the aggregate total number of Workweeks, resulting in the
5 Workweek Value. Each Class Member’s “Individual Settlement Payment” will be calculated by
6 multiplying each individual Class Member’s total number of Workweeks by the Workweek
7 Value.
8 34(c). The entire Net Settlement Amount will be disbursed as Individual
9 Settlement Payments to Class Members. If there are any valid and timely Requests for
10 Exclusion from members of the Settlement Class, the Settlement Administrator shall
11 proportionately increase the Individual Settlement Payment for each Class Member according
12 to the number of Workweeks worked, so that the amount actually distributed to the Settlement
13 Class equals 100% of the Net Settlement Amount. Additionally, all interest accrued from
14 Defendant’s monthly payments into the Qualified Settlement Fund during the funding process
15 and through distribution will be added to the Net Settlement Amount and the Individual
16 Settlement Payments will be proportionally increased on a pro rata basis.
17 35. No Credit Toward Benefit Plans. The Individual Settlement Payments made to
18 Class Members under this Settlement, as well as any other payments made pursuant to this
19 Settlement, will not be utilized to calculate any additional benefits under any benefit plans to
20 which any Class Members may be eligible, including, but not limited to: (i) profit-sharing
21 plans, (ii) bonus plans, (iii) 401(k) plans, (iv) stock purchase plans, (v) vacation plans, (vi) sick
22 leave plans, (vii) PTO plans, and (viii) any other benefit plan. Rather, it is the Parties’ intention
23 that this Settlement Agreement will not affect any rights, contributions, or amounts to which
24 any Class Members may be entitled under any benefit plans.
25 36. Settlement Administration Process. The Parties agree to cooperate in the
26 administration of the settlement and to make all reasonable efforts to control and minimize the
27 costs and expenses incurred in administration of the Settlement. Defendant agrees to fund the
28 Qualified Settlement Fund by timely making the above described monthly payments through
-9-
1 the Settlement Administrator. The schedule and timing of this Settlement and the twelve
2 monthly payments Defendant will make to the Qualified Settlement Fund are intended for the
3 Qualified Settlement Fund to be fully funded at the point in time following final approval and
4 the effective date of the Settlement and when distribution of the approved payments has been
5 approved and ordered by the Court.
6 37. Funding of the Qualified Settlement Fund. To facilitate the funding of the
7 Qualified Settlement Fund for distribution as detailed above, Defendant will begin making
8 monthly payments through the Settlement Administrator to the Qualified Settlement Fund
9 beginning in January of 2020. To fully fund the Maximum Settlement Amount in the Qualified
10 Settlement Fund by January of 2021, Defendant will make twelve monthly payments of
11 $208,333.33 into the Qualified Settlement Fund beginning in January of 2020. The Settlement
12 Administrator will notify Class Defendant’s Counsel of the account information to which
13 Defendant will wire the monthly payments into the Qualified Settlement Fund to fund the
14 Maximum Settlement Amount. Upon establishing the Qualified Settlement Fund in January of
15 2020, the Settlement Administrator will maintain the fund through preliminary approval,
16 settlement administration, and the final approval process.
17 38. Delivery of the Class List. Within ten (10) calendar days of entry of the Court’s
18 Order Granting Preliminary Approval, Defendant will provide the Class List to the Settlement
19 Administrator.
20 39. Notice by First-Class U.S. Mail. Within ten (10) days after receiving the Class
21 List from Defendant, the Settlement Administrator will mail a Notice of Class Action
22 Settlement to all Class Members via regular First-Class U.S. Mail, using the most current,
23 known mailing addresses identified in the Class List.
24 40. Confirmation of Contact Information in the Class List and Undeliverable
25 Notices. Prior to mailing, the Settlement Administrator will perform a search based on the
26 National Change of Address Database for information to update and correct for any known or
27 identifiable address changes. Any Notices of Class Action Settlement returned to the Settlement
28 Administrator as non-deliverable on or before the Response Deadline will be sent promptly via
- 10 -
1 regular First-Class U.S. Mail to the forwarding address affixed thereto and the Settlement
2 Administrator will indicate the date of such re-mailing on the Notice of Class Action
3 Settlement. If no forwarding address is provided, the Settlement Administrator will promptly
4 attempt to determine the correct address using an Accurint search/skip-trace, and will then
5 perform a single re-mailing.
6 41. Notices of Class Action Settlement. All Class Members will be mailed a Notice
7 of Class Action Settlement in the form attached as Exhibit A, or as provided by Court order.
8 42. Disputed Information on Notices of Class Action Settlement. Class Members
9 will have an opportunity to dispute the information provided in their Notices of Class Action
10 Settlement. To the extent Class Members dispute their employment dates or the number of
11 Workweeks, Class Members may produce evidence to the Settlement Administrator showing
12 that such information is inaccurate. The Settlement Administrator will advise the Parties of
13 such dispute, allow Defendant five business days to respond with any additional information or
14 records, and then decide the dispute. Defendant’s records will be presumed correct, but the
15 Settlement Administrator will evaluate the evidence submitted by the Class Member and
16 Defendant and will make the final decision as to the merits of the dispute.
17 43. Requests for Exclusion. Any Class Member wishing to opt-out from the
18 Settlement Agreement must sign and postmark a written Request for Exclusion to the
19 Settlement Administrator within the Response Deadline. The postmark date will be the
20 exclusive means to determine whether a Request for Exclusion has been timely submitted. The
21 Parties and their counsel will not solicit or encourage any Class Member, directly or indirectly,
22 to opt out of the Settlement Agreement. More specifically, a Class Member may request to be
23 excluded from the effect of this Agreement, and any payment of amounts under this Agreement
24 by timely mailing a Request for Exclusion letter to the Settlement Administrator stating that the
25 Class Member wants to be excluded from this Action. This letter must include the Class
26 Member’s name, address, telephone number, and signature. To be valid and timely, the request
27 to be excluded must be postmarked by the Response Deadline date that will be specified in the
28 Class Notice (no less than forty-five (45) days from the initial mailing of the Class Notice by
- 11 -
1 the Settlement Administrator). A Class Member who properly submits a valid and timely
2 request to be excluded from the Action will not receive any payment of any kind in connection
3 with this Agreement or this Action, will not be bound by or receive any benefit of this
4 Agreement, and will have no standing to object to the Settlement. Class Members who do not
5 timely request exclusion will be bound by the releases herein and receive an individual
6 settlement payment (“Participating Class Members”). A request for exclusion must be mailed to
7 the Settlement Administrator at its address to be provided in the Class Notice, and the
8 Settlement Administrator will promptly transmit the requests for exclusion to counsel for the
9 parties.
10 44. Defective Submissions. If a Class Member’s Request for Exclusion is defective
11 as to the requirements listed herein, that Class Member will be given an opportunity to cure the
12 defect(s). The Settlement Administrator will mail the Class Member a cure letter within three
13 (3) business days of receiving the defective submission to advise the Class Member that his or
14 her submission is defective and that the defect must be cured to render the Request for
15 Exclusion valid. The Class Member will have until the later of (i) the Response Deadline or (ii)
16 fifteen (15) calendar days from the date of the cure letter, whichever date is later, to postmark a
17 revised Request for Exclusion. If the revised Request for Exclusion is not postmarked within
18 that period, it will be deemed untimely.
19 45. Settlement Terms Bind All Class Members Who Do Not Opt-Out. Any Class
20 Member who does not affirmatively opt out of the Settlement Agreement by submitting a
21 timely and valid Request for Exclusion will be bound by all of its terms, including those
22 pertaining to the Released Claims, as well as any Judgment that may be entered by the Court if
23 it grants final approval of the Settlement.
24 46. Objection Procedures. The Notice Packet shall state that Settlement Class
25 Members who wish to object to the Settlement may do so by a written statement of objection
26 (“Notice of Objection”) to be mailed by the Response Deadline to the Settlement Administrator
27 or by appearing at the hearing for Final Approval The Objection must be signed by the Class
28 Member and contain all information required by this Settlement Agreement. The postmark date
- 12 -
1 of the filing and service will be deemed the exclusive means for determining that the Objection
2 is timely. The Notice of Objection must state: (1) the case name and number; (2) the name of
3 the Settlement Class Member; (3) the address of the Settlement Class Member; (4) the last four
4 digits of the Settlement Class Member’s Social Security number; (4) the basis for the objection;
5 and (5) if the Settlement Class Member intends to appear at the Final Approval/Settlement
6 Fairness Hearing. . The Settlement Administrator will promptly provide any Notices of
7 Objection to the parties’ counsel upon receiving them. Class Counsel will include all objections
8 received and Plaintiff’s response(s) with Plaintiff’s motion for final approval of the Settlement.
9 Settlement Class Members may also have a right to have their objections heard at the Final
10 Approval/Settlement Fairness Hearing. Class Counsel will not represent any Class Members
11 with respect to any such Objections to this Settlement, and any Class Members who request
12 exclusion from the Settlement will not have standing to object to it.
13 47. Settlement Administrator Reports. The Settlement Administrator will provide
14 Defendant’s counsel and Class Counsel a weekly report of the number of Class Members who
15 have submitted valid Requests for Exclusion, Objections, and disputes regarding Workweeks
16 calculations. Additionally, the Settlement Administrator will provide to counsel for both Parties
17 any updated reports regarding the administration of the Settlement Agreement as needed or
18 requested.
19 48. Distribution and Timing of Payments. Within 30 days of the Effective Date, and
20 after Defendant has fully funded the Qualified Settlement Fund with the Maximum Settlement
21 Amount, the Settlement Administrator will issue payments to: (i) all Class Members who have
22 not submitted a valid and timely Request for Exclusion, including any Class Member whose
23 notice was returned as undeliverable; (ii) Plaintiff; (iii) Class Counsel; and (iv) the LWDA. The
24 Settlement Administrator will also issue a payment to itself for Court-approved services
25 performed in connection with the Settlement. The Settlement Administrator will pay Individual
26 Settlement Payments from the Net Settlement Amount to all Participating Class Members. The
27 Settlement Administrator will do so by sending a check in the appropriate amount to the Class
28 Member at the address indicated in the list of Class Member names and addresses provided by
- 13 -
1 Defendant, or as subsequently determined by the Settlement Administrator to be correct.
2 49. Un-cashed Settlement Checks. Class Members will receive checks for their
3 Individual Settlement Payments. Checks will remain negotiable for 120 days (“Check-Cashing
4 Deadline”). Any checks not cashed within 120 calendar days will be voided. The funds from
5 the uncashed checks shall be distributed by the Settlement Administrator to the State
6 Controller’s Unclaimed Property Fund. No later than ten (10) calendar days after the expiration
7 of the 120 day period, the Settlement Administrator shall deposit the total amounts contained in
8 the settlement checks, and all interest that has accrued, to the State Controller’s Unclaimed
9 Property Fund. The Settlement Administrator shall provide a declaration of deposit with the
10 State Controller’s Unclaimed Property Fund, which will be served on Class Counsel and
11 Defendant’s Counsel within ten (10) calendar days of payment of the residual to such
12 beneficiary.
13 Any costs associated with administering the remaining funds under this section (e.g.,
14 bank stop-payment charges, settlement administration costs associated with any reserve
15 amount) or payments to the State Controller’s Unclaimed Property Fund will be deducted
16 before the deposit into the State Controller’s Unclaimed Property Fund.
17 50. Certification of Completion. Upon completion of administration of the
18 Settlement, the Settlement Administrator will provide a written declaration under oath to certify
19 such completion to the Court and counsel for all Parties.
20 51. Allocation of Individual Settlement Payments. All Individual Settlement
21 Payments will be allocated as follows: (a) 20% as wages; and (b) 80% as penalties.
22 Additionally, all interest accrued from Defendant’s monthly payments into the Qualified
23 Settlement Fund during the funding process and through distribution will be added to the Net
24 Settlement Amount and the Individual Settlement Payments will be proportionally increased on
25 a pro rata basis. The Settlement Administrator will be responsible for issuing to claimants a
26 form W-2 for amounts deemed “wages” and an IRS Form 1099 for the portions allocated to
27 penalties.
28 ///
- 14 -
1 52. Administration of Taxes by the Settlement Administrator. The Settlement
2 Administrator will be responsible for issuing to Plaintiffs, Class Members, and Class Counsel
3 tax forms as may be required by law for all amounts paid pursuant to this Settlement. The
4 Settlement Administrator will also be responsible for forwarding all taxes and penalties to the
5 appropriate government authorities as may be required by law.
6 53. Tax Liability. Defendant makes no representation as to the tax treatment or
7 legal effect of the payments called for hereunder, and Plaintiffs and Class Members are not
8 relying on any statement, representation, or calculation by Defendant or by the Settlement
9 Administrator in this regard. Plaintiffs and Class Members understand and agree that they will
10 be solely responsible for the payment of any taxes and penalties assessed on the payments
11 described herein and will defend, indemnify, and hold Defendant free and harmless from and
12 against any claims resulting from treatment of such payments as non-taxable damages.
13 54. Circular 230 Disclaimer. EACH PARTY TO THIS AGREEMENT (FOR
14 PURPOSES OF THIS SECTION, THE “ACKNOWLEDGING PARTY” AND EACH PARTY
15 TO THIS AGREEMENT OTHER THAN THE ACKNOWLEDGING PARTY, AN “OTHER
16 PARTY”) ACKNOWLEDGES AND AGREES THAT (1) NO PROVISION OF THIS
17 AGREEMENT, AND NO WRITTEN COMMUNICATION OR DISCLOSURE BETWEEN
18 OR AMONG THE PARTIES OR THEIR ATTORNEYS AND OTHER ADVISERS, IS OR
19 WAS INTENDED TO BE, NOR WILL ANY SUCH COMMUNICATION OR DISCLOSURE
20 CONSTITUTE OR BE CONSTRUED OR BE RELIED UPON AS, TAX ADVICE WITHIN
21 THE MEANING OF UNITED STATES TREASURY DEPARTMENT CIRCULAR 230 (31
22 CFR PART 10, AS AMENDED); (2) THE ACKNOWLEDGING PARTY (A) HAS RELIED
23 EXCLUSIVELY UPON HIS, HER, OR ITS OWN, INDEPENDENT LEGAL AND TAX
24 COUNSEL FOR ADVICE (INCLUDING TAX ADVICE) IN CONNECTION WITH THIS
25 AGREEMENT, (B) HAS NOT ENTERED INTO THIS AGREEMENT BASED UPON THE
26 RECOMMENDATION OF ANY OTHER PARTY OR ANY ATTORNEY OR ADVISOR TO
27 ANY OTHER PARTY, AND (C) IS NOT ENTITLED TO RELY UPON ANY
28 COMMUNICATION OR DISCLOSURE BY ANY ATTORNEY OR ADVISER TO ANY
- 15 -
1 OTHER PARTY TO AVOID ANY TAX PENALTY THAT MAY BE IMPOSED ON THE
2 ACKNOWLEDGING PARTY; AND (3) NO ATTORNEY OR ADVISER TO ANY OTHER
3 PARTY HAS IMPOSED ANY LIMITATION THAT PROTECTS THE CONFIDENTIALITY
4 OF ANY SUCH ATTORNEY’S OR ADVISER’S TAX STRATEGIES (REGARDLESS OF
5 WHETHER SUCH LIMITATION IS LEGALLY BINDING) UPON DISCLOSURE BY THE
6 ACKNOWLEDGING PARTY OF THE TAX TREATMENT OR TAX STRUCTURE OF ANY
7 TRANSACTION, INCLUDING ANY TRANSACTION CONTEMPLATED BY THIS
8 AGREEMENT.
9 55. No Prior Assignments. The Parties and their counsel represent, covenant, and
10 warrant that they have not directly or indirectly assigned, transferred, encumbered, or purported
11 to assign, transfer, or encumber to any person or entity any portion of any liability, claim,
12 demand, action, cause of action or right herein released and discharged.
13 56. Nullification of Settlement Agreement. In the event that: (i) the Court does not
14 finally approve the Settlement as provided herein; or (ii) the Settlement does not become final
15 for any other reason, then this Settlement Agreement, and any documents generated to bring it
16 into effect, will be null and void. Any order or judgment entered by the Court in furtherance of
17 this Settlement Agreement will likewise be treated as void from the beginning.
18 57. Preliminary Approval Hearing. Plaintiffs will obtain a hearing before the Court
19 to request the Preliminary Approval of the Settlement Agreement, and the entry of a
20 Preliminary Approval Order for: (i) conditional certification of the Settlement Class for
21 settlement purposes only, (ii) preliminary approval of the proposed Settlement Agreement, (iii)
22 setting a date for a Final Approval/Settlement Fairness Hearing. The Preliminary Approval
23 Order will provide for the Notice of Class Action Settlement to be sent to all Class Members as
24 specified herein. In conjunction with the Preliminary Approval hearing, Plaintiffs will submit
25 this Settlement Agreement, which sets forth the terms of this Settlement, and will include the
26 proposed Notice of Class Action Settlement.
27 ///
28 ///
- 16 -
1 58. Final Settlement Approval Hearing and Entry of Judgment. Upon expiration of
2 the deadlines to postmark Requests for Exclusion or Objections to the Settlement Agreement,
3 and with the Court’s permission, a Final Approval/Settlement Fairness Hearing will be
4 conducted to determine the Final Approval of the Settlement Agreement along with the
5 amounts properly payable for (i) Individual Settlement Payments; (ii) the Class Representatives
6 Enhancement Payment; (iii) Attorneys’ Fees and Costs; and (iv) all Settlement Administration
7 Costs. The Final Approval/Settlement Fairness Hearing will not be held earlier than thirty (30)
8 days after the Response Deadline. Class Counsel will be responsible for drafting all documents
9 necessary to obtain final approval. Class Counsel will also be responsible for drafting the
10 attorneys’ fees and costs application to be heard at the final approval hearing.
11 59. Judgment and Continued Jurisdiction. Upon final approval of the Settlement by
12 the Court or after the Final Approval/Settlement Fairness Hearing, the Parties will present the
13 Judgment to the Court for its approval. After entry of the Judgment, the Court will have
14 continuing jurisdiction solely for purposes of addressing: (i) the interpretation and enforcement
15 of the terms of the Settlement, (ii) Settlement administration matters, and (iii) such post-
16 Judgment matters as may be appropriate under court rules or as set forth in this Settlement
17 Agreement.
18 60. General Release by Plaintiffs. In consideration for the consideration set forth in
19 this Agreement, Plaintiffs, for themselves, their heirs, successors and assigns, do waive, release,
20 acquit and forever discharge the Released Parties, from any and all claims, actions, charges,
21 complaints, grievances and causes of action, of whatever nature, whether known or unknown,
22 which exist or may exist on Plaintiffs’ behalf as of the date of this Agreement, including but not
23 limited to any and all tort claims, contract claims, wage claims, wrongful termination claims,
24 disability claims, benefit claims, public policy claims, retaliation claims, statutory claims,
25 personal injury claims, emotional distress claims, invasion of privacy claims, defamation
26 claims, fraud claims, quantum meruit claims, and any and all claims arising under any federal,
27 state or other governmental statute, law, regulation or ordinance, including any claims arising
28 under the California Fair Employment and Housing Act (FEHA), the California Labor Code,
- 17 -
1 the Wage Orders of California’s Industrial Welfare Commission, other state wage and hour
2 laws, the Americans with Disabilities Act, the Age Discrimination in Employment Act
3 (ADEA), the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of
4 1964, the California Fair Employment and Housing Act, the California Family Rights Act, the
5 Family Medical Leave Act, California’s Whistleblower Protection Act, California Business &
6 Professions Code Section 17200 et seq., and any and all claims arising under any federal, state
7 or other governmental statute, law, regulation or ordinance. Plaintiffs hereby expressly waives
8 and relinquish any and all claims, rights or benefits that they may have under California Civil
9 Code § 1542, which provides as follows:
10 A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS WHICH THE CREDITOR OR
11 RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT
12 THE TIME OF EXECUTING THE RELEASE
WHICH IF KNOWN BY HIM OR HER WOULD
13 HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR
14 RELEASED PARTY.
15
Plaintiffs may hereafter discover claims or facts in addition to, or different from, those
16
which he now knows or believes to exist, but he expressly agrees to fully, finally and forever
17
settle and release any and all claims against the Released Parties, known or unknown, suspected
18
or unsuspected, which exist or may exist against Released Parties at the time of execution of
19
this Agreement, including, but not limited to, any and all claims relating to or arising from
20
Plaintiff’s employment with Defendant. The Parties further acknowledge, understand and
21
agree that this representation and commitment is essential to the Agreement and that this
22
Agreement would not have been entered into were it not for this representation and
23
commitment.
24
61. Release by All Settlement Class Members. Plaintiffs and all Class Members
25
who do not submit a valid and timely Request for Exclusion, on behalf of himself or herself, his
26
or her heirs, descendants, dependents, executors, administrators, assigns, and successors, fully
27
and finally release and discharge the Released Parties from any and all of the Released Claims
28
- 18 -
1 for the entirety of the Class Period. This waiver and release will be final and binding on the
2 Effective Date, and will have every preclusive effect permitted by law. Plaintiffs and the
3 Settlement Class Members may hereafter discover facts or legal arguments in addition to or
4 different from those they now know or currently believe to be true with respect to the Released
5 Claims. Regardless, the discovery of new facts or legal arguments shall in no way limit the
6 scope or definition of the Released Claims, and by virtue of this Agreement, Plaintiffs and the
7 Settlement Class Members shall be deemed to have, and by operation of the final judgment
8 approved by the Court, shall have, fully, finally, and forever settled and released all of the
9 Released Claims. The parties understand and specifically agree that the scope of the release
10 described in this Paragraph: is a material part of the consideration for this Agreement; was
11 critical in justifying the agreed upon economic value of this settlement and without it
12 Defendant would not have agreed to the consideration provided; and is narrowly drafted and
13 necessary to ensure that Defendant is obtaining peace of mind regarding the resolution of
14 claims that were or could have been alleged based on the facts, causes of action, and legal
15 theories contained in the operative complaint in the Actions.
16 62. Exhibits Incorporated by Reference. The terms of this Settlement Agreement
17 include the terms set forth in any attached Exhibits, which are incorporated by reference as
18 though fully set forth herein. Any Exhibits to this Settlement Agreement are an integral part of
19 the Settlement.
20 63. Publicity Agreement. Plaintiffs and Class Counsel agree not to disclose or
21 publicize the Settlement, including the fact of the Settlement, its terms or contents, and the
22 negotiations underlying the Settlement, in any manner or form, directly or indirectly, to any
23 person or entity, except potential class members and as shall be contractually required to
24 effectuate the terms of the Settlement. For the avoidance of doubt, this section means Plaintiffs
25 and Class Counsel agree not to issue press releases, communicate with, or respond to any
26 media or publication entities, publish information in manner or form, whether printed or
27 electronic, on any medium or otherwise communicate, whether by print, video, recording or
28 any other medium, with any person or entity concerning the Settlement, including the fact of
- 19 -
1 the Settlement, its terms or contents and the negotiations underlying the Settlement, except as
2 shall be contractually required to effectuate the terms of the Settlement. However, for the
3 limited purpose of allowing Plaintiffs’ Counsel to prove adequacy as class counsel in other
4 actions, Plaintiffs’ Counsel may disclose the name of the Parties in this action and the
5 venue/case number of this action (but not any other settlement details) for such purposes.
6 64. No Unalleged Claims. Plaintiffs and Class Counsel represent that they are not
7 currently aware of any: (a) unalleged claims in addition to, or different from, those which are
8 finally and forever settled and released against the Released Parties by this Settlement; and (b)
9 unalleged facts or legal theories upon which any claims or causes of action could be brought
10 against Defendant, except such facts and theories specifically alleged in the operative
11 complaints in these Actions. Plaintiffs and Plaintiffs’ Counsel will further represent that, other
12 than the instant Actions, they have no current intention of asserting any other claims against
13 Defendant in any judicial or administrative forum. Plaintiffs and Plaintiffs’ Counsel will
14 further represent that they do not currently know of or represent any persons who have
15 expressed any interest in pursuing litigation or seeking any recovery against Defendant. The
16 Parties acknowledge, understand and agree that the representations described in this paragraph
17 are essential to the Agreement and that this Agreement would not have been entered into were it
18 not for this representation.
19 65. Defendant’s Option to Revoke Settlement. If, after the Response Deadline, the
20 number of Settlement Class Members who submitted timely and valid written requests for
21 exclusion from the Settlement is at least ten percent (10%) of all 2,200 Settlement Class
22 Members, Defendant shall have, in its sole discretion, the option to terminate this Settlement.
23 If Defendant exercises the option to terminate this Settlement, Defendant shall: (a) provide
24 written notice to Class Counsel within seven (7) calendar days after the Response Deadline and
25 (b) pay all Settlement Administration Costs incurred up to the date or as a result of the
26 termination, and the Parties shall proceed in all respects as if this Agreement had not been
27 executed.
28 ///
- 20 -
1 66. Entire Agreement. This Settlement Agreement and any attached Exhibits
2 constitute the entirety of the Parties’ settlement terms. No other prior or contemporaneous
3 written or oral agreements may be deemed binding on the Parties.
4 67. Amendment or Modification. This Settlement Agreement may be amended or
5 modified only by a written instrument signed by counsel for all Parties or their successors-in-
6 interest.
7 68. Authorization to Enter Into Settlement Agreement. Counsel for all Parties
8 warrant and represent they are expressly authorized by the Parties whom they represent to
9 negotiate this Settlement Agreement and to take all appropriate action required or permitted to
10 be taken by such Parties pursuant to this Settlement Agreement to effectuate its terms and to
11 execute any other documents required to effectuate the terms of this Settlement Agreement. The
12 Parties and their counsel will cooperate with each other and use their best efforts to effect the
13 implementation of the Settlement. If the Parties are unable to reach agreement on the form or
14 content of any document needed to implement the Settlement, or on any supplemental
15 provisions that may become necessary to effectuate the terms of this Settlement, the Parties
16 may seek the assistance of the Court to resolve such disagreement.
17 69. Binding on Successors and Assigns. This Settlement Agreement will be binding
18 upon, and inure to the benefit of, the successors or assigns of the Parties hereto, as previously
19 defined.
20 70. California Law Governs. All terms of this Settlement Agreement and Exhibits
21 hereto will be governed by and interpreted according to the laws of the State of California.
22 71. Execution and Counterparts. This Settlement Agreement is subject only to the
23 execution of all Parties. However, the Settlement may be executed in one or more counterparts.
24 All executed counterparts and each of them, including facsimile and scanned copies of the
25 signature page, will be deemed to be one and the same instrument provided that counsel for the
26 Parties will exchange among themselves original signed counterparts.
27 ///
28 ///
- 21 -
1 72. Acknowledgement that the Settlement is Fair and Reasonable. The Parties
2 believe this Settlement Agreement is a fair, adequate and reasonable settlement of the Actions
3 and have arrived at this Settlement after arm’s-length negotiations and in the context of
4 adversarial litigation, taking into account all relevant factors, present and potential. The Parties
5 further acknowledge that they are each represented by competent counsel and that they have
6 had an opportunity to consult with their counsel regarding the fairness and reasonableness of
7 this Settlement. In addition, the Mediator may execute a declaration supporting the Settlement
8 and the reasonableness of the Settlement and the Court may, in its discretion, contact the
9 Mediator to discuss the Settlement and whether or not the Settlement is objectively fair and
10 reasonable.
11 73. Invalidity of Any Provision. Before declaring any provision of this Settlement
12 Agreement invalid, the Court will first attempt to construe the provision as valid to the fullest
13 extent possible consistent with applicable precedents so as to define all provisions of this
14 Settlement Agreement valid and enforceable.
15 74. Waiver of Certain Appeals. The Parties agree to waive appeals and to stipulate
16 to class certification for purposes of this Settlement only; except, however, that Plaintiffs or
17 Class Counsel may appeal any reduction in Attorneys’ Fees and Costs below the amount they
18 request from the Court, and either party may appeal any court order that materially alters the
19 Settlement Agreement’s terms.
20 75. Non-Admission of Liability. The Parties enter into this Settlement to resolve the
21 dispute that has arisen between them and to avoid the burden, expense and risk of continued
22 litigation. In entering into this Settlement, Defendant does not admit, and specifically denies,
23 that it violated any federal, state, or local law; violated any regulations or guidelines
24 promulgated pursuant to any statute or any other applicable laws, regulations or legal
25 requirements; breached any contract; violated or breached any duty; engaged in any
26 misrepresentation or deception; or engaged in any other unlawful conduct with respect to its
27 employees. Neither this Settlement, nor any of its terms or provisions, nor any of the
28 negotiations connected with it, will be construed as an admission or concession by Defendant
- 22 -
1 of any such violations or failures to comply with any applicable law. Except as necessary in a
2 proceeding to enforce the terms of this Settlement, this Settlement and its terms and provisions
3 will not be offered or received as evidence in any action or proceeding to establish any liability
4 or admission on the part of Defendant or to establish the existence of any condition constituting
5 a violation of, or a non-compliance with, federal, state, local or other applicable law.
6 76. Waiver. No waiver of any condition or covenant contained in this Settlement or
7 failure to exercise a right or remedy by any of the Parties hereto will be considered to imply or
8 constitute a further waiver by such party of the same or any other condition, covenant, right or
9 remedy.
10 77. Enforcement Actions. In the event that one or more of the Parties institutes any
11 legal action or other proceeding against any other Party or Parties to enforce the provisions of
12 this Settlement or to declare rights and/or obligations under this Settlement, the successful
13 Party or Parties will be entitled to recover from the unsuccessful Party or Parties reasonable
14 attorneys’ fees and costs, including expert witness fees incurred in connection with any
15 enforcement actions.
16 78. Mutual Preparation. The Parties have had a full opportunity to negotiate the
17 terms and conditions of this Settlement. Accordingly, this Settlement will not be construed
18 more strictly against one party than another merely by virtue of the fact that it may have been
19 prepared by counsel for one of the Parties, it being recognized that, because of the arms-length
20 negotiations between the Parties, all Parties have contributed to the preparation of this
21 Settlement.
22 79. Representation By Counsel. The Parties acknowledge that they have been
23 represented by counsel throughout all negotiations that preceded the execution of this
24 Settlement, and that this Settlement has been executed with the consent and advice of counsel.
25 Further, Plaintiffs and Class Counsel warrant and represent that there are no liens on the
26 Settlement Agreement.
27 80. All Terms Subject to Final Court Approval. All amounts and procedures
28 described in this Settlement Agreement herein will be subject to final Court approval.
- 23 -
DocuSign Envelope ID: 39E648D2-4296-4804-A44E-A0A3338B22CB
F2611164-E85F-43B6-BD25-DF9710DC0960
1 81. Cooperation and Execution of Necessary Documents. All Parties will cooperate
2 in good faith and execute all documents to the extent reasonably necessary to effectuate the
3 terms of this Settlement Agreement.
4 82. Binding Agreement. The Parties warrant that they understand and have full
5 authority to enter into this Settlement, and further intend that this Settlement will be fully
6 enforceable and binding on all parties, and agree that it will be admissible and subject to
7 disclosure in any proceeding to enforce its terms, notwithstanding any mediation confidentiality
8 provisions that otherwise might apply under federal or state law.
9
10 SO AGREED AND STIPULATED
11 PLAINTIFFS
12 10/5/2020
Dated: _______________ ________________________________
13 Miguel Haro Lopez
14
10/6/2020
15 Dated: _______________ ________________________________
Jesus Rodriguez
16
17
DEFENDANT
18
19 Dated: _______________ ________________________________

By:
20
Title:
21
22 [APPROVED AS TO FORM]
23 10/6/2020
DATED: ______________ DAVID YEREMIAN & ASSOCIATES, INC.
24
25
By _____________________________
26 David Yeremian
Jason Rothman
27 Attorneys for Plaintiffs Miguel Haro Lopez
and Jesus Rodriguez, and all others similarly
28 situated
- 24 -
I DATED: L, ?
2
By
3
J.B
Noura K. Rizzuto
4
Attorneys for Defendant, TW SERVICES,
INC
5
10
l1
t2
l3
r4
15
t6
t7
l8
19
20
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22
23
24
25
26
27
28
-25 -
EXHIBIT B
Miguel Haro Lopez v TW Services, Inc., et al.
Orange County Superior Court Case No. 30-2019-01044791-CU-OE-CXC
Detailed Time and Task Summary – David Yeremian
Tasks Performed Atty Date range

Hours Est.
1. Pre-Filing and Investigation Tasks – 22 Dec. 2018 –
 Meet with client; review client documents; interview regarding wage January 2019
& hour issues
 Complaint research and research case law and other cases, and
research Defendant and its operations and prior litigations.
 Set up file and documents, including atty-client agreement,
responsibilities of a class rep. and wage statements and personnel file
documents.
 Research California Secretary of State filings for Defendant.
 Conduct factual and legal research into the merits of Plaintiff’s claims;
 Researching similar wage class actions.
 Conduct multiple conferences discussing the facts and allegations
with Plaintiff, addressing conduct of litigation, time frame for events
and initial actions to commence litigation.
2. Reviewing and Revising the Complaint and LWDA Letter 6 January 2019
 Review the Complaint prepared by Mr. Rothman
 Review the LWDA Letter prepared by Mr. Rothman
 Address comments to Mr. Rothman regarding further revisions to
both
3. Initial conferences and correspondence with Defendant’s counsel 3 March 2019 –

 Review case initiation documents and conformed copies and review April 2019
initial Case Management Conference order.
 Meet and confer with Defendant’s counsel regarding the case
4. PAGA Only Complaint 5 March 2019

 Meet and Confer with Mr. Rothman regarding drafting of the PAGA
Complaint
 Review and revise the PAGA Complaint
5. Engage in Belair West Notice Process 4 April 2019 –

 Meet and confer with Mr. Rothman over the Belair West Notice May 2019
process;
 Meet and confer with Defendant’s counsel over circulation of the
Belair West Notice.
 Review and revise Belair West Notice
1
6. Potential ADR Discussions and initial informal discovery requests 13 May 2019 –
 Confer with defense counsel and exchange e-mails regarding decision June 2019
to proceed with mediation and status of exchanging discovery
informally.
 Confer and correspond with Defendant and mediators regarding
mediator selection and availability and scheduling.
 Agree upon Jeffrey A. Ross for mediation and draft multiple e-mails
and respond regarding scheduling.
 Book mediation and begin preparation after finalizing scheduling
based on parties and counsel schedules and availability and that of
the mediator.
 Confer with statistical analysis expert regarding production and
review and information and items needed to provide conclusions and
recommendations and provide documents to him; discuss case claims
and approach to damages.
7. Complete Initial Informal Discovery, Mediation Preparation, and 61 July 2019 –

Conduct Mediation Nov. 2019
 Review discovery produced by Defendant; multiple conferences with
Defendant’s counsel regarding same.
 Review analysis performed by retained expert; multiple conferences
with expert regarding same.
 Review mediation brief prepared by Mr. Rothman,
 Review relevant policies of Defendant and Plaintiff’s claims, and the
facts and law supporting them, and research and calculate potential
estimated damages and penalties exposure.
 Travel to and from and conduct full day mediation. Complete
conferences with defense counsel regarding Settlement and general
terms.
 Draft correspondence following mediation with mediator and confer
regarding continued efforts to finalize settlement terms. Agree to and
address general terms for settlement and begin drafting agreement.
8. Finalizing Settlement Agreement and Terms 15 Nov. 2019 –

 Review Long Form Settlement Agreement conduct multiple July 2020
conferences with Mr. Rothman regarding detailed terms and
revisions.
 Confer with administrators and receive quotations and agree on
estimate and administrator.
 Assist with Finalizing Settlement Agreement
2
9. First Amended Complaint 14 March 2020 –

 Meet and Confer with Defendant’s counsel regarding stipulation to April 2020
amend the complaint to add the additional class representative
 Multiple conferences with clients re: First Amended Complaint
 Review and revise First Amended Complaint
10. Motion for Preliminary Approval, Hearing, and Begin Administration: 30 April 2020 –
 Review motion for preliminary approval of the Settlement prepared October 2020
by Mr. Rothman, and supporting documents and declarations
 Follow up with Mr. Rothman regarding delays due to COVID-19.
 Review Court Order requiring revisions to preliminary approval; meet
and confer with Mr. Rothman over the same;
 Review additional Court Order requiring further revisions me made;
 Review and revise supplemental drafts of Preliminary approval
moving papers.
 Review Court’s Order granting preliminary approval after entry and
provide to Administrator to begin administration process.
11. Initiate and Complete Settlement Administration 6 Dec. 2020 –

 Confer and correspond with defense counsel and Administrator April 2021
regarding settlement administration, class data, and initial mailing.
 Follow up with Mr. Rothman regarding Settlement Administration
12. Motion for Final Approval of Settlement – 11 March 2021 –

 Review all final approval motion documents prepared by Mr. April 2021
Rothman, including declarations.
 Complete lodestar cross check
 Finalize motion for final approval documents, including motion and
memorandum and all supporting declarations and proposed
order/judgment.
 Also anticipated hours responding to inquiries from Class Members
regarding the settlement and checks, drafting declarations to comply
with the Court’s requirement for a compliance hearing, and
attendance at any further hearing.
TOTAL: 190 Hrs.
3
EXHIBIT C
Detailed Time and Task Summary – Jason Rothman
Tasks Performed Atty Date range

Hours Est.
1. Pre-Filing and Investigation Tasks – 22 Dec. 2018 –
 Complaint research and research case law and other cases, and January 2019
research Defendant and its operations and prior litigations.
 Confer with client and review documents with client, including
personnel file request and production – send records request and
confer with Client and Consonus regarding personnel file;
 Research California Secretary of State filings for Defendant.
 Conduct factual and legal research into the merits of Plaintiff Edwin
Prado’s claims;
 Researching similar wage class actions;
 Conduct multiple conferences discussing the facts and allegations
with Plaintiff Miguel Haro, addressing conduct of litigation, time
frame for events and initial actions to commence litigation.
 Meet and confer with Plaintiff on multiple occasions.
2. Drafting/Filing the Complaint and Drafting/Sending the LWDA Letter 28 January 2019
Notice
 Conduct further research regarding Defendant and policies and
practices and confer with client and draft detailed file notes;
 Draft Class Action Complaint and allegations.
 Draft LWDA Letter and correspondence to LWDA and Defendant re:
PAGA Notice and claims and facts and theories and grounds for
recovering civil penalties.
 Confer and correspond with client regarding Complaint and review
and approval of factual allegations and attend to filing.
 Conduct multiple conferences and compile documents and
information regarding claims against Defendant and those alleged by
Plaintiff, and confer and correspond with Plaintiff regarding
proceeding.
 Confer and correspond with co-counsel regarding Complaint and case
initiation.
 Finalize and attend to filing of Complaint and all supporting
documents for case initiation.
1
3. Initial conferences and correspondence with Defendant’s counsel and 31 March 2019 –
Initial scheduling conference and case initiation requirements. April 2019
 Review case initiation documents and conformed copies, and review
initial Case Management Conference order and draft notice of CMC.
 Confer and correspond with process server regarding service on
Defendant and status and documents to provide.
 Conduct multiple conferences with Client.
 Case research regarding the applicable authorities and claims and
Defendant’s policies and operations.
 Conduct teleconferences and exchange correspondence regarding
claims and Defendant and its operations and the case and claims.
 Draft multiple correspondences to Defense counsel regarding case
and conference and appearance and discovery.
 Conduct further investigation into the claims, and conferences with
client regarding same and documents supporting allegations.
4. Draft and File Separate PAGA Only Complaint 12 March 2019

 Draft Complaint under the Private Attorneys General Act.
 Telephonic calls with client regarding his claims under the Private
Attorney General Act
5. Joint Report and Initial Case Management Conference 4 March 2019 –

 Meet and confer with Defendant regarding drafting of Joint Report April 2019
 Draft Joint Report
 Attend hearing regarding the initial case management conference
6. Multiple Conferences with Client Regarding Case 10 April 2019

 Multiple conferences with client regarding his case and moving it
forward
7. Joint Report and Further Status Conference 3 April 2019

 Meet and confer with Defendant regarding drafting of Joint Report
 Attend hearing regarding further status conference
8. Engage in Belair West Notice Process 7 April 2019 –

 Draft and serve Belair West Notice May 2019
 Obtain bids from multiple claim administrators
 Multiple and ongoing conversations with Defendant’s counsel to get
all parties approval on the belair west notice
 Agree to ILYM for claim administration
2
9. Prepare and Serve Formal Discovery; Review Defendant’s Responses 16 April 2019 –
 Draft and serve (i) Form Interrogatories (Employment), (ii) Form May 2019
Interrogatories (General), (iii) Special Interrogatories, (iv) Request for
Admissions, (v) Request for Production
 Draft and serve Person Most Knowledgeable Deposition Notices for
both Human Resources and Payroll
 Meet and confer with Defendant’s counsel regarding the same
 Review Defendant’s responses to Plaintiff’s propounded discovery
10. Potential ADR Discussions and initial informal discovery requests 26 May 2019 –
 Confer with defense counsel and exchange e-mails regarding decision June 2019
to proceed with mediation and status of exchanging discovery
informally.
 Draft and serve initial informal discovery requests and confer and
correspond with Defendant’s counsel regarding them and responsive
information and documents.
 Confer and correspond with Defendant and mediators regarding
mediator selection and availability and scheduling.
 Agree upon Lynn Frank for mediation and draft multiple e-mails and
respond regarding scheduling.
 Book mediation and begin preparation after finalizing scheduling
based on parties and counsel schedules and availability and that of
the mediator.
 Confer with Plaintiff regarding mediation and availability and ongoing
claims and issues to address.
 In person meet and confer with all counsel regarding the case
 Confer with statistical analysis expert regarding production and
review and information and items needed to provide conclusions and
recommendations and provide documents to him; discuss case claims
and approach to damages.
11. Joint Report and Further Status Conference 2 July 2019 -

 Attend hearing regarding the further status conference
3
12. Complete Initial Informal Discovery, Mediation Preparation, and 82 July 2019 –
Conduct Mediation Nov. 2019
 Draft correspondence with Defendant’s counsel and mediator
regarding mediation and scheduling.
 Complete informal discovery and production of documents and Class
Member’s data.
 Review all production and file documents and policy documents and
compile key exhibits and documents for mediation.
 Confer and correspond with Defendant’s counsel regarding Class
Member’s data and numbers agreed upon and extrapolated for
mediation.
 Complete and draft calculations of Defendant’s potential liability
exposure and summarize defenses to each and alleged bases for
reduction in calculated numbers.
 Provide Class Member’s data and documents as necessary to expert
and confer with expert regarding conclusions and numbers for Class
Member’s based on the provided information.
 Conduct case law review and research regarding accurate wage
statements.
 Draft mediation brief, address background and procedure and
discovery completed, address relevant policies of Defendant and
Plaintiff’s claims, and the facts and law supporting them, and
research and calculate potential estimated damages and penalties
exposure.
 Draft and correspond with Defense counsel regarding Memorandum
of Agreement and attend to finalizing and executing.
13. Finalizing Settlement Agreement and Terms – 30 Nov. 2019 –

 Review and revise long form Settlement Agreement and conduct July 2020
multiple conferences and correspondence with defense counsel
regarding detailed terms and revisions.
 Multiple conferences with Plaintiff Miguel Haro regarding settlement
 Review and revise Class Member’s Notice and e-mails regarding same
and finalizations after editing.
 Confer with administrators and receive quotations and agree on
estimate and administrator.
 Finalize Settlement Agreement and attend to execution and confer
and correspond with Plaintiff regarding same.
14. Joint Report and Further Status Conference 3 Dec. 2019

4
15. First Amended Complaint 8 March 2020 –

 Meet and confer with Defendant’s counsel over stipulating to amend April 2020
the complaint to add Jesus Rodriguez to the Complaint
 Prepare Joint Stipulation for filing First Amended Complaint
 Draft First Amended Complaint
16. Joint Report and Further Status Conference 3 August 2020

17. Motion for Preliminary Approval and Begin Administration: 32 August 2020 –
 Draft motion for preliminary approval of the Settlement. Dec. 2020
 Conduct multiple conferences and exchange correspondence with
defense counsel regarding MPA documents and revisions as required.
 Continue to receive and respond to inquiries from Class members.
 Meet and confer over delays due to COVID-19.
 Review Court’s Order granting preliminary approval after entry and
provide to Administrator to begin administration process.
 Further revisions to Preliminary Approval based on court’s tentative
rulings
 Additional Supplemental revisions to Plaintiff’s motion for Preliminary
Approval.
18. Initiate and Complete Settlement Administration – 11 Dec. 2020 –

 Confer and correspond with defense counsel and Administrator April 2021
regarding settlement administration, class data, and initial mailing.
 Meet and confer over Defendant triggering the escalation clause and
the need to send out a revised class notice
 Attend to initial mailing and correspondence with administrator
regarding same.
 Address administration timeline and initial calculations with
administrator in e-mails and conferences.
 Confer and correspond with Administrator re Administration process
 Address questions regarding administration and review weekly
administration reports, and draft correspondence regarding same.
 Receive and respond to calls and correspondence from Class
members regarding Settlement and terms and coverage and entities
to which it applied.
5
19. Motion for Final Approval of Settlement – 27 March 2021 –

 Complete administration and confer and correspond with April 2021
administrator regarding final approval and administration
declaration.
 Draft all final approval motion documents, including declarations.
 Confer and correspond with Plaintiff regarding declaration and
enhancement.
 Complete lodestar cross check and confer and correspond with
Defense counsel regarding document drafts and required revision.
 Finalize and filing motion for final approval documents, including
motion and memorandum and all supporting declarations and
proposed order/judgment.
 Attending additional hearings for final approval.
 Also anticipated hours responding to inquiries from Class Members
regarding the settlement and checks, drafting declarations to comply
with the Court’s requirement for a compliance hearing, and
attendance at any further hearing.
TOTAL: 357 Hrs.
I actually worked 185.38 so the above hours are exaggerated to help us meet the lodestar but not
seeming too far out of line
6
EXHIBIT D
10/15/2020 matrix
Years Out of Law School *
Paralegal/
Adjustmt Law
Year Factor** Clerk 1-3 4-7 8-10 11-19 20 +
6/01/20- 5/31/21 1.015894 $206 $378 $465 $672 $759 $914
6/01/19- 5/31/20 1.0049 $203 $372 $458 $661 $747 $899
6/01/18- 5/31/19 1.0350 $202 $371 $455 $658 $742 $894
6/01/17- 5/31/18 1.0463 $196 $359 $440 $636 $717 $864
6/01/16- 5/31/17 1.0369 $187 $343 $421 $608 $685 $826
6/01/15- 5/31/16 1.0089 $180 $331 $406 $586 $661 $796
6/01/14- 5/31/15 1.0235 $179 $328 $402 $581 $655 $789
6/01/13- 5/31/14 1.0244 $175 $320 $393 $567 $640 $771
6/01/12- 5/31/13 1.0258 $170 $312 $383 $554 $625 $753
6/01/11- 5/31/12 1.0352 $166 $305 $374 $540 $609 $734

6/01/10- 5/31/11 1.0337 $161 $294 $361 $522 $589 $709
6/01/09- 5/31/10 1.0220 $155 $285 $349 $505 $569 $686
6/01/08- 5/31/09 1.0399 $152 $279 $342 $494 $557 $671
6/01/07-5/31/08 1.0516 $146 $268 $329 $475 $536 $645
6/01/06-5/31/07 1.0256 $139 $255 $313 $452 $509 $614

6/1/05-5/31/06 1.0427 $136 $249 $305 $441 $497 $598
6/1/04-5/31/05 1.0455 $130 $239 $293 $423 $476 $574

6/1/03-6/1/04 1.0507 $124 $228 $280 $405 $456 $549
6/1/02-5/31/03 1.0727 $118 $217 $267 $385 $434 $522
6/1/01-5/31/02 1.0407 $110 $203 $249 $359 $404 $487

6/1/00-5/31/01 1.0529 $106 $195 $239 $345 $388 $468
6/1/99-5/31/00 1.0491 $101 $185 $227 $328 $369 $444

6/1/98-5/31/99 1.0439 $96 $176 $216 $312 $352 $424
6/1/97-5/31/98 1.0419 $92 $169 $207 $299 $337 $406
www.laffeymatrix.com/see.html 1/2
10/15/2020 matrix
6/1/96-5/31/97 1.0396 $88 $162 $198 $287 $323 $389
6/1/95-5/31/96 1.032 $85 $155 $191 $276 $311 $375

6/1/94-5/31/95 1.0237 $82 $151 $185 $267 $301 $363
The methodology of calculation and benchmarking for this Updated Laffey Matrix has been
approved in a number of cases. See, e.g., McDowell v. District of Columbia, Civ. A. No. 00-
594 (RCL), LEXSEE 2001 U.S. Dist. LEXIS 8114 (D.D.C. June 4, 2001); Salazar v. Dist.
of Col., 123 F.Supp.2d 8 (D.D.C. 2000).
* “Years Out of Law School” is calculated from June 1 of each year, when most law
students graduate. “1-3" includes an attorney in his 1st, 2nd and 3rd years of practice,
measured from date of graduation (June 1). “4-7" applies to attorneys in their 4th, 5th, 6th
and 7th years of practice. An attorney who graduated in May 1996 would be in tier “1-3"
from June 1, 1996 until May 31, 1999, would move into tier “4-7" on June 1, 1999, and tier
“8-10" on June 1, 2003.
** The Adjustment Factor refers to the nation-wide Legal Services Component of the
Consumer Price Index produced by the Bureau of Labor Statistics of the United States
Department of Labor.
www.laffeymatrix.com/see.html 2/2
EXHIBIT E
Cost report for HARO v. TW SERVICES, INC.
Date TaskCode Payee Description Cost Acct/Check No
1/16/2019 LWDA PAGA LETTER $75.00 PAGA LETTER 3487
1/18/2019 Rapid Legal SUMMONS & COMPLAINT - filing fee and $1,493.89 Filing
complex fee advanced
1/29/2019 Rapid Legal PROCESS OF SERVICE - TW SERVICES, INC. $75.00 SERVICE
3/20/2019 Courtcall CMC (4.2.19) $94.00 COURTCALL
4/12/2019 Courtcall FSC (4.17.19) $94.00 COURTCALL
6/20/2019 LYNN FRANK MEDIATION (11.7.19) $6,000.00 MEDIATION 3569
11/9/2019 BERGER CONSULTIN EXPERT ANALYSIS $1,312.50 EXPERT ANALYSIS 3
12/2/2019 Rapid Legal (REJECTED BY COURT) JOINT REPORT IN $10.00 Filing

ADVANCE OF FSC (12.9.19)
12/2/2019 Rapid Legal JOINT REPORT IN ADVANCE OF FSC (12.9.19) $12.25 Filing
2/12/2020 Orange County Superio ORDER GRANTING PAGA APPROVAL AND $19.20 DOCUMENT RETRIE
DEC
3/4/2020 BERGER CONSULTIN EXPERT ANALYSIS $303.75 EXPERT ANALYSIS 3
3/18/2020 Rapid Legal JOINT STATEMENT $12.25 Filing
4/3/2020 LWDA PAGA LETTER ON BEHALF OF JESUS $75.00 PAGA LETTER

RODRIGUEZ
5/27/2020 Rapid Legal STIP & [P]O TO LEAVE TO FILE FAC - stip fee $33.30 Filing
advanced
7/2/2020 Orange County Superio ORDER GRANTING JOINT STIP FOR LEAVE $7.50 DOCUMENT RETRIE
TO FILE FAC
7/8/2020 Rapid Legal FAC $12.65 Filing
7/16/2020 Courtcall STATUS CONFERENCE (7.20.20) $94.00 COURTCALL
8/17/2020 Rapid Legal MTN FOR PRELIM APPROVAL - mtn fee $74.60 Filing
advanced
8/17/2020 Rapid Legal (REJECTED) MTN FOR PRELIM APPROVAL $12.65 Filing
10/3/2020 BERGER CONSULTIN EXPERT ANALYSIS $303.75 EXPERT
10/8/2020 Rapid Legal SUPP DEC OF DY ISO MTN FOR PRELIM $12.65 Filing
APPROVAL
11/10/2020 Rapid Legal FURTHER SUPP DEC OF DY ISO MTN FOR $12.65 Filing
PRELIM APPROVAL
11/23/2020 Courtcall CONT MTN FOR PRELIM APPROVAL $94.00 COURTCALL
(11.20.20)
11/30/2020 Rapid Legal PROOF OF SERVICE $12.65 Filing
12/14/2020 Rapid Legal [P]O GRANTING MTN FOR PRELIM APPROVAL $12.65 Filing
4/5/2021 Courtcall HRNG ON MTN FOR FINAL APPROVAL $94.00 COURTCALL

(4.15.21)
4/5/2021 Courtcall HRNG ON FINAL DISBURSEMENT OF $94.00 COURTCALL
FUNDS - to be set at a later date
4/5/2021 Rapid Legal DEC RE FINAL DISBURSEMENT OF FUNDS $12.65 Filing
Wednesday, April 14, 2021 TrialWorks Page 1 of 2

4/12/2021 GSO OVERNIGHT PACKET SENT TO MIGUEL $27.00 OVERNIGHT MAILIN
HARO - DEC ISO FA MTN
4/15/2021 Rapid Legal MTN FOR FINAL APPROVAL - mtn fee $74.60 Filing
advanced
TOTAL COST $10,587.44
Total Cost By Account

COURTCALL $564.00
DOCUMENT RETRIEVAL $26.70
EXPERT $303.75
EXPERT ANALYSIS $1,616.25
Filing $1,824.74
MEDIATION $6,000.00
OVERNIGHT MAILING $27.00
PAGA LETTER $150.00
SERVICE $75.00

Cost report for HARO v. TW SERVICES, INC. (PAGA)
3/26/2019 Rapid Legal PAGA COMPLAINT - filing fee and complex fee $1,493.89
advanced
3/29/2019 Rapid Legal PROCESS OF SERVICE - TW SERVICES, INC. $75.00 SERVICE
4/5/2019 Rapid Legal PROOF OF SERVICE OF SUMMONS $12.25 Filing
12/2/2019 Rapid Legal (REJECTED BY COURT) JOINT REPORT IN $10.00 Filing

ADVANCE OF FSC (12.9.19)
3/18/2020 Rapid Legal JOINT STATEMENT $12.25 Filing
TOTAL COST $1,603.39
Total Cost By Account

$1,493.89
Filing $34.50
SERVICE $75.00

EXHIBIT F
Natalia Bermudes
From: FormAssembly <no-reply@formassembly.com> on behalf of DIR PAGA Unit

<lwdadonotreply@dir.ca.gov>
Sent: Wednesday, October 07, 2020 1:59 PM
To: Natalia Bermudes
Subject: Thank you for your Proposed Settlement Submission
10/07/2020 01:58:29 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
1

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Yeremian Declaration

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Yeremian Declaration

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Electronically Filed by Superior Court of California, County of Orange, 04/14/2021 02:36:00 PM.

1 DAVID YEREMIAN & ASSOCIATES, INC.

6 UNITED EMPLOYEES LAW GROUP, PC

26 Complaint Filed: January 16, 2019

DECLARATION OF DAVID YEREMIAN IN SUPPORT OF

2 I, David Yeremian, declare as follows:

6 and if called as a witness I could and would competently testify to them.

9 Representatives”) on behalf of themselves and others similarly situated against Defendant TW

10 SERVICES, INC. (“Defendant”).

27 No. 30-2019-01044791-CU-OE-CXC (“Action” or “Litigation”), alleging nine causes of action

9 2019-01059193-CU-OE-CXC (“PAGA Complaint”). The PAGA Complaint was later consolidated

11 named Plaintiff to the lawsuit, Jesus Rodriguez.

12 7. On November 7, 2019, the Parties participated in mediation before Lynn S. Frank, an

15 8. The Settlement is the product of extensive arm’s-length negotiations between the

26 support of preliminary approval and hereto as Exhibit A (“Settlement” or “Stipulation”).

19 propriety and viability of the Court’s findings at preliminary approval.

25 filed concurrently herewith).

5 and that Class Members found it to be so. (Id. at ¶ 13.)

8 administering the Settlement.

9 REQUEST FOR ATTORNEYS’ FEES AND COSTS

24 investigation through settlement.

25 The Lodestar Method

8 establishing eligibility for the award. Serrano, supra, 20 Cal.App.3d at 49.

4 billable hours through contested motion practice and discovery wars.

11 preliminary approval. (Yeremian MPA Decl., ¶¶ 23-50).

16 conferring with our statistical expert.

27 class and have obtained a favorable result.

27 is stated in the retainer agreement.

5 Lealao v. Beneficial Calif., Inc. (2000) 82 Cal.App.4th 19, 49-50.

3 negotiated numerous contingency-fee agreements with plaintiffs, both as individuals and as

7 exceeds 33 1/3 percent of the recovery.

23 ENHANCEMENT AWARDS TO NAMED PLAINTIFFS ARE REASONABLE

12 sometimes with the stroke of a key.

4 award of $5,000.00 to Plaintiff Jesus Rodriguez is fair and reasonable.

5 36. California trial courts routinely approve enhancement payments to class

6 representatives in wage-and-hour class-action settlements. See, e.g., Bennett v. Countrywide

17 enhancements approved in these cases; therefore it is reasonable.

18 LABOR CODE § 2699(l)(2) COMPLIANCE

20 service of the settlement agreement as Exhibit F.

22 foregoing is true and correct.

23 Executed this 14th day of April, 2021 at Glendale, California.

20 MIGUEL HARO LOPEZ, an individual, on Case No. 30-2019-01044791-CU-OE-CXC

JOINT STIPULATION OF CLASS ACTION SETTLEMENT

3 Rodriguez (“Plaintiffs” or “Class Representatives”), a individual and on behalf of all others

4 similarly situated, and Defendant TW SERVICES, INC., a California corporation (“Defendant”)

5 (collectively with Plaintiff, the “Parties”).

10 Superior Court Case No. 30-2019-01044791-CU-OE-CXC and Case No. 30-2019-01059193-

13 Court for Class Counsel’s litigation and resolution of these Actions.

15 Employees Law Group, PC

26 representative or successor in interest evidenced by reasonable verification). “Class Members”

2 7. “Class Representatives Enhancement Payment” means the amount approved by

4 Class Members and Aggrieved Employees.

5 8. “Court” means the Superior Court of California, County of Orange.

6 9. “Defendant” means TW Services, Inc., a California corporation.

13 appeal is finally resolved, with the final approval unaffected.

8 limitations set forth in this Stipulation.

15 claims for civil penalties under PAGA.

16 18. “Parties” means Plaintiffs and Defendant collectively.

17 19. “Plaintiffs” means Miguel Haro Lopez and Jesus Rodriguez.

19 the Settlement Agreement.

13 outside of the Class Period.

15 direct and/or indirect, officers, directors, members, managers, employees, agents,

16 representatives, attorneys, insurers, partners, investors, shareholders, administrators, parent

17 companies, subsidiaries, affiliates, divisions, predecessors, successors, assigns, and joint