UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Transcription

1 1 1 1 MARLIN & SALTZMAN [LEAD COUNSEL FOR DEDICATED/INTERMODAL DRIVERS] Stanley D Saltzman, Esq. (SBN 00) Marcus J. Bradley, Esq. (SBN ) Canwood Street, Suite 0 Agoura Hills, California 1- Telephone: () 1-00 Facsimile: () 1-01 ssaltzman@marlinsaltzman.com mbradley@marlinsaltzman.com HAGENS BERMAN SOBOL SHAPIRO LLP [LEAD COUNSEL FOR REGIONAL DRIVERS] Steve W. Berman, Esq. Lee M. Gordon, Esq. (SBN ) 01 N. Lake Avenue, Suite 0 Pasadena, California Telephone: (1) 0-0 Facsimile: (1) 0- Lee@hbsslaw.com File Attorneys for Plaintiffs and Class (Additional counsel listed on next page) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 1 MORRIS BICKLEY, MICHAEL D. PATTON, RAYMOND GREWE, DENNIS VANHORN, and DOUGLAS PUMROY, individually and on behalf of all others similarly situated, and the general public, v. Plaintiffs, SCHNEIDER NATIONAL CARRIERS, INC., a Nevada corporation, and DOES 1 to, inclusive, Defendants. Case No. :0-cv-00-JSW CLASS ACTION (FRCP ) Assigned to Hon. Jeffrey S. White United States District Judge DECLARATION OF KENNETH H. YOON IN SUPPORT OF MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

2 Additional Plaintiffs Counsel Paul T. Cullen, Esq. (SBN ) THE CULLEN LAW FIRM, APC Canwood Street, Suite 0 Agoura Hills, California 1- Telephone: () -; () - Facsimile: () -1 paul@cullenlegal.com Peter M. Hart, Esq. (SBN 1) LAW OFFICES OF PETER M. HART 1 Wilshire Boulevard, Suite 0 Los Angeles, California 00 Telephone: () - Facsimile: (0) 1-1 hartpeter@msn.com Kenneth H. Yoon, Esq. (SBN ) LAW OFFICES OF KENNETH H. YOON One Wilshire Blvd., Suite 00 Los Angeles, California 00 Telephone: (1) 1-0 Facsimile: (1) -1 kyoon@yoon-law.com Eric Honig, Esq. (SBN ) LAW OFFICE OF ERIC HONIG P.O. Box Marina del Rey, California 0 Telephone: () 1-0 Facsimile: () 1- erichonig@aol.com Steve W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP Eighth Avenue, Suite 00 Seattle, Washington 1 Telephone: (0) - Steve@hbsslaw.com William Rehwald, Esq. (SBN ) Lawrence Glasner, Esq. (SBN 1) Daniel Chaleff, Esq. (SBN 0) REHWALD GLASNER & CHALEFF Topanga Canyon Blvd., Suite 00 Woodland Hills, California -00 Telephone: () 0-00 Facsimile: () 0- DChaleff@rehwaldlaw.com

3 DECLARATION OF KENNETH H. YOON I, Kenneth H. Yoon, declare as follows: 1. I am an attorney licensed to practice law in the State of California. I am the founder of Law Offices of Kenneth H. Yoon, co-counsel and attorneys of record for Plaintiff MORRIS BICKLEY ( Plaintiff ). The facts set forth in this declaration are within my personal knowledge or based on information and belief, and, if called as a witness, I could and would competently testify as follows.. My qualifications are as follows: I obtained my undergraduate degree from UCLA in Economics in. I received my J.D. from Loyola Law School in. During law school, I interned for the Honorable Harvey Schneider, Superior Court Judge, as well as the Honorable Terry J. Hatter, Jr., United States District Court Judge. I have received an AV-Premier rating by 1 Martindale-Hubbell. I was named to the Daily Journal's 01 list of the Top Labor and Employment Lawyers in California. I was recently recognized by California Super Lawyers Magazine for 0, after having been recognized by as a Rising Star by that publication for the years 00-00, and Previously associated with my firm was Linda P. Whitehead. I directly supervised Ms. Whitehead s work to ensure the quality of the work, the necessity of the work and to minimize duplication of attorney time. Ms. Whitehead received her J.D. from Loyola Law School, Los Angeles, in 00 and was admitted to the California State Bar that year. Prior to joining my office, Ms. Whitehead clerked for Judge Nora M. Manella and was associated with Irell & Manella LLP and Seyfarth Shaw LLP, two national law firms.. My firm s primary focus is employment law. I have handled a number of wageand-hour matters, including class actions. I have a practice that encompasses cases in the California Superior Courts and Courts of Appeal and the United States District Courts throughout California and before the United States Court of Appeals for the Ninth Circuit. I am admitted to each of these courts and to the United States Supreme Court, and have made appearances in each of them.. I have been preliminarily approved as class counsel in a number of class actions. I have been appointed class counsel after contested certification motions in several actions. 1

4 The following matters in which I have been approved as class counsel have been granted final approval: Briggs v. Custom Building Products, Inc., Los Angeles Superior Court Case No. BC ; Rangel v. United Title Company, et al., Los Angeles Superior Court Case No. BC ; Bernandez, et al. v. Roscoe s House of Chicken N Waffles, Los Angeles Superior Court Case No. BC 1; Campbell v. Applebee s International, Inc., et al., San Diego Superior Court Case No CU-OE-CTL; CVS Pharmacy Wage and Hour Cases, Judicial Council Coordination Proceeding No. ; McBride v. Ensign United States Drilling (California), Inc., Los Angeles Superior Court Case No. BC 00; Javier, et al. v. Davita Inc., et al., Los Angeles Superior Court Case No. BC 00, Napoto v. DHL Express (USA), Inc., et al., Northern District of California Case No. 00-CV-0-01-JL; Lugliani v. Kinder Morgan Energy Partners, L.P., et al., Central District of California Case No. SACV --JAK(VBKx); de la Cruz et al. v. Abercrombie & Fitch Co., et al., Orange County Superior Court Case No I was one of the counsels of record in two important wage and hour matters that have resulted in published th Circuit opinions: Abdullah v. U.S. Security Associates, Inc., 1 F.d (th Cir. 01) and Urbino v. Orkin Services of California, Inc., F.d (th Cir. 01).. Since the commencement of this matter, Law Offices of Kenneth H. Yoon has spent a fair number of hours litigating this case prior to the association of lead class counsel. These hours include work done by myself, and other lawyers from my office. We also had office and legal support personnel actively engaged in assisting with litigating this matter. Attached as Exhibit A to this Declaration is a Report setting forth in detail the breakdown of time for the requisite tasks.. The total costs advanced by Law Office of Kenneth H. Yoon in this action are as set forth in the below chart. These costs were reasonable and necessary in the prosecution of this class action. Cost Amount Court Services Fees $0.0 Printing and Duplication. FedEx.1

5 1 1 1 Filing Fees.0 Mileage (including anticipated) 0. Outside Reproduction Costs. PACER.0 Parking.00 Postage 1. Travel Expense 1.0 TOTAL $.0. I was retained on a purely contingency fee for this matter. I declare under penalty of perjury under the laws of the California that the foregoing is true and correct. Executed on this 1 st day of July 0, at Los Angeles, California. /s/ Kenneth H. Yoon Kenneth H. Yoon 0 1

6 EXHIBIT A

7 Date: 0/1/0 Fees and Costs Report Client: # C Bickley, Morris Bickley, Morris Bickley v. Schneider National, Inc. Date Tmkr Rate Hours Worked Description Fees //00 1 KHY 0. Telephone conference with PMH re: complaint drafting. //00 1 KHY 0. Telephone conference with PMH re: complaint strategy. //00 1 KHY 0. Review and finalize complaint via telephone conference with co-counsels 1//00 1 KHY 0.1 Review assignement and notice of case management conference 1//00 1 KHY 0. Telephone conference with PHM 1//00 1 KHY 1 Telephone conference with PHM re: operative complaint and remand; legal research re: remand //00 1 KHY 1. Finalize discovery to defendants; participate in early meeting of counsel; telephone conference with PMH re: talking and working with other plaintiff counsel. //00 1 KHY 0. Telephone conference with PMH re: strategy. /1/00 1 KHY 1.1 Review and revise draft rule (f) report; telephone conference with PMH re: same. //00 1 KHY 1. Review and revise joint rule report; telephone conferences with PMH re: same. /1/00 1 KHY 0. Prepare draft PAGA letter. //00 1 KHY 1. Finalize initial disclosures. //00 1 KHY 0. Review and revise PAGA letter. //00 1 KHY 0. Finalize letter to LWDA. /0/00 1 KHY 0. Telephone conference with PMH re: preparation for status conference. /1/00 1 KHY. Attend Status Conference, including travel time. //00 1 KHY 0. Telephone conference with PMH re: litigation status. //00 1 KHY 0. Telephone conference with PMH re: magistrate; prepare e- mail to opposing counsel re: magistrate stipulation. /1/00 1 KHY 0. Prepare draft protective order. //00 1 KHY 0. Read and review comments to protective order draft; revise protective order. /1/00 1 KHY 0. Prepare to opposing counsel re: protective order /1/00 1 KHY 0. Finalize meet and confer letter to opposing counsel. //00 1 KHY 0. Telephone conference with PMH re: to opposing counsel; conference with LPW re: discovery motion procedure. //00 1 KHY 0. Prepare for and conduct telephone conference meet and confer re: discovery; telephone conference with PMH re: same. EXHIBIT A

8 //00 1 KHY 0. Telephone conference with PMH re: coordination with other case; legal research re: rest breaks and piece rate. //00 1 KHY 0. Finalize to opposing counsel re: discovery; telephone conference with PMH re: same. //00 1 KHY 0. Telephone conference with PMH re: discovery meet and confer //00 1 KHY 0. Telephone conference with PMH re: legal theories on rest and meal break claims. //00 1 KHY 1. Review, revise and finalize responses to written discovery; telephone conference with PMH re: same. /0/00 1 KHY 0. Review and revise protective order draft; research re: court exemplar; prepare to opposing counsel re: same. //00 1 KHY 0. Telephone conference with PMH re: related case. //00 1 KHY 0. Telephone conference with PMH re: working w/other lawyer. //00 1 KHY 0. Review and revise draft consolidated complaint; telephone conference with PMH re: same. //00 1 KHY 0. Telephone conference with PMH re: facts of case from client. 1//00 1 KHY 1 Review court order on stipulation; review and read correspondence via re: same; telephone conference with PMH re: filing of revised stipulation. 1//00 1 KHY 0. Telephone conference with court clerk. 1//0 1 KHY Review motion prepared by co-counsel; telephone conference with PMH re: same. 1//0 1 KHY Finalize motion to continue dates; telephone conference with PMH re: same; prepare correspondence via to D. Sohn re: filing same. 1/0/0 1 KHY Telephone conference with PMH re: stipulation filing. 1//0 1 KHY Review answer filed by Defendant. /1/0 1 KHY Telephone conference with PMH re: discovery issues. //0 1 KHY Telephone conference with witness. //0 1 KHY Review MDL filings. //0 1 KHY Review subpoenas against third parties re: client; prepare correspondence via to co-counsels re: same. //0 1 KHY Review correspondence from C. Humphrey re: subpoenas. Billable Total 1 KHY. //00 LPW 1. Procedural research re: magistrate judge assigned in the case; standing order; and procedure for filing discovery motions. Billable Total: LPW 1. $,.0. EXHIBIT A