UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

Transcription

1 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 1 of 99 Page ID #: MARLIN & SALTZMAN Stanley D. Saltzman, Esq. (SBN 90058) Agoura Road, Suite 210 Agoura Hills, California Telephone: (818) Facsimile: (818) ssaltzman@marlinsaltzman.com LAW OFFICES OF PETER M. HART Peter M. Hart, Esq. (SBN ) Peter Choi, Esq. (SBN ) Wilshire Blvd., Suite 725 Los Angeles, California Telephone: (310) Facsimile: (509) hartpeter@msn.com pchoi.loph@gmail.com Attorneys for Plaintiffs Abdullah, et al., and the Class (additional counsel listed on next page) UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA MUHAMMED ABDULLAH, et al., as an individual and on behalf of all others similarly situated, v. Plaintiffs, U.S. SECURITY ASSOCIATES, INC., a Corporation, and DOES 1 to 10, inclusive, Defendant. Case No. CV PSG (Ex); Case No. CV PSG (Ex) consolidated with Case No. CV PSG (Ex) (Assigned to Hon. Phillip S. Gutierrez) DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT DATE: December 4, 2017 TIME: 1:30 p.m. CTRM: 6A 1 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

2 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 2 of 99 Page ID #: Additional Plaintiffs Counsel Kenneth H. Yoon, Esq. (SBN ) LAW OFFICES OF KENNETH H. YOON One Wilshire Blvd., Suite 2200 Los Angeles, California Telephone: (213) Facsimile: (213) kyoon@yoon-law.com Larry W. Lee, Esq. (SBN ) DIVERSITY LAW GROUP 444 S. Flower St. Citigroup Center, Suite 1370 Los Angeles, California Telephone: (213) Facsimile: (213) lwlee@diversitylaw.com Peter R. Dione Kindem, Esq. (SBN 95267) THE DION-KINDEM LAW FIRM Oxnard St., Suite 900 Woodland Hills, California Telephone: (818) Facsimile: (838) Peter@Dion-KindemLaw.com DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

3 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 3 of 99 Page ID #: DECLARATION OF PETER M. HART I, Peter M. Hart, hereby declare: 1. I am over the age of eighteen and am an attorney at law duly admitted to practice before all courts in the State of California and the sole owner of the law firm of the Law Offices of Peter M. Hart, attorneys of record for Plaintiffs Abdullah, et al., as Class Counsel, in the above-entitled action. 2. I have personal knowledge of the matters set forth herein, and if called upon as a witness to testify thereto, I could and would competently do so. 3. This Declaration is filed in support of Plaintiff s Motion for Final Approval of Class Action Settlement and final approval of attorney s fees, enchancements and litigation costs. SUMMARY OF LITIGATION, INVESTIGATION & DISCOVERY 4. My firm was retained by Mohammed Abdullah and William Kimbrough each of whom contacted my offices separately on their own. I was in contact with Plaintiff s Abdullah and Kimbrough at the planning stages and research stages of this case before the action was filed and during the entire litigation of this case. I have discussed this case with Plaintiffs Abdullah and Kimbrough on numerous occasions in person, by phone, by communication, and in person. I reviewed documents that were provided to me at the start of this case and early in the litigation actively prepared for the litigation, including prior to the filing of the lawsuit. 5. I have also actively participated in the litigation of the case throughout all phases of the litigation and in all settlement discussions. My firm initiated the instant action before the Court by preparing the Complaint, and the amended pleadings thereafter. My firm drafted written discovery consisting of Special Interrogatories (Set I), Requests for Production of Documents (Set I), and also assisted in the review of voluminous documents produced in discovery throughout the eight plus years of litigating this action. My firm also took the lead in drafting Plaintiffs motion for class 3 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

4 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 4 of 99 Page ID #: certification, as well as filed all appellate briefs in the Ninth Circuit, including Plaintiffs opposition to Defendant s petition for en banc review and petition for a writ of certiorari to the U.S. Supreme Court. In addition, my firm spent considerable time after the Ninth Circuit s mandate affirming class certification engaging in merits discovery, including by attending multiple percipient and expert witness depositions and drafting motions, including a Joint Motion for Summary Judgment. My firm also participated in all matters pertaining to the settlement, including by attending all mediations held in this matter, and assisting with the negotiation of the settlement agreement and assisting with the drafting of Plaintiffs motion for preliminary approval of class action settlement. 6. I estimate that my firm spent 3, hours to litigate this matter with hourly billing rates ranging from $350-$745 per hour. Specifically, the associate attorneys who have worked on this case are listed below: a. Ms. Melissa Coyle was a 5th-6th year attorney at all times she performed worked on this litigation and having billed hours at $525 per hour, the rate I billed her out in this case at. Ms. Coyle has been approved by other California courts at this rate. I directly supervised Ms. Coyle s work to ensure the quality of her work, the necessity of the work and to minimize duplication of attorney time. Ms. Coyle received her J.D. from Loyola Law School, Los Angeles, in 2004 and was admitted to the California State Bar that year. Prior to joining my office, Ms. Coyle was associated with two mid-size local Los Angeles law firms, Epport, Richman & Robbins, LLP and Booth, Mitchel & Strange, LLP. b. Ms. Leslie Banayad was a 2nd-3rd year attorney at all times she performed work on this litigation and having billed hours at $400, the rate I billed her out at in this case. Ms. Banayad graduated from Loyola Law School, Los Angeles, and was admitted to the California State Bar in c. Ms. Kimberly Westmoreland was a 5th-6th year attorney at all times 4 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

5 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 5 of 99 Page ID #: she performed worked on this litigation and having billed hours at $525 per hour, the rate I billed her out in this case at. Ms. Westmoreland received her J.D. from Loyola Law School, Los Angeles, in 2004 and was admitted to the California State Bar shortly thereafter. Prior to joining my offices, Ms. Westmoreland began working at Riley & Reiner, a business litigation firm headed by Ira Reiner, the former District Attorney of Los Angeles. Ms. Westmoreland also worked for Hamner Law Offices, an employment class action firm specializing in plaintiff wage and hour matters. d. Mr. Stephen Kelly was a 1st year attorney at all times he performed worked on this litigation and having billed hours at $400 per hour, the rate I billed him out at in this case. e. Ms. Amber Healy was a 6th-8th year attorney she performed worked on this litigation and having billed hours at $550 per hour, the rate I billed her out at in this case. Ms. Healy received her J.D. from Loyola Law School, Los Angeles, in 2004 and was admitted to the California State Bar thereafter. Prior to joining my offices, Ms. Healy worked at Zimmerman & Kahanowith APC, which specialized in complex litigation. Ms. Healy also worked at Kalcheim Salah (later Kalcheim Law Group), a boutique litigation firm representing California consumers in complex class litigation. f. Katherine Giralomo-Copeland was a 1st-2nd year attorney at all times she worked on this litigation and having billed hours at $400 per hour, the rate I billed her out at in this case. Ms. Girolamo-Copeland received her J.D. from Loyola Law School in 2011 and was admitted to the California Bar thereafter. g. Mr. Travis Hodgkins was a 4th-6th year attorney at all times he worked on this litigation and having spent hours at $525 per hour, the rate I billed him out at in this case. Mr. Hodgkins received his J.D. from U.C. Hastings, College of Law, in 2008 and was admitted to the California State Bar thereafter. Prior to joining my offices, Mr. Hodgkins worked at the Aequitas Law Group, which specializes in 5 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

6 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 6 of 99 Page ID #: wage and hour class action litigation, for nearly three years. Prior to that, he worked at Lee Anav Chung LLP, a mid-size trial litigation firm representing international corporations in complex business disputes. h. Ms. Tina Mehr was a 4th-5th year attorney at all times she worked on this litigation and having spent 79.2 hours at $500 per hour, the rate I billed her out at in this case. Ms. Mehr received her J.D. from U.C. L.A, School of Law, in 2010, passed the California Bar that same year, and was admitted to the California State Bar thereafter. Prior to joining my offices, Ms. Mehr was a Law Clerk to the Honorable Paul L. Abrams, United States District Court for the Central District of California. Prior to that, she worked at Alston & Bird, LLP as an associate, and at Dewey & LeBoeuf, LLP as an associate. i. Mr. Peter Choi, who is currently at my firm, is a 10th to 11th year attorney at all times he has worked on this litigation and having billed hours to date with an anticipated 20 additional hours to be billed until conclusion of this matter at a rate of $575 per hour, the rate I have billed him out at in this case. Mr. Choi received his J.D. from Thomas Jefferson School of law, cum laude, in 2006 and was admitted to the California State Bar thereafter. Prior to joining my offices, Mr. Choi worked at Henry M. Lee Law Corporation, a boutique plaintiff s labor and employment firm for nearly two years. Prior to that, he worked for the Law Offices of Danz & Gerber, LLP, also focusing on plaintiff s labor and employment cases. Mr. Choi has also worked as a Deputy Public Defender for County of Kern, California, where he handled multiple criminal matters and first chaired jury trials to verdict. 7. I have personally spent 1, hours, and anticipate that I will spend an additional 50 hours from final approval of settlement until the conclusion of the administration of the settlement, inclusive of time incurred to assist with the administration of the settlement and to review and draft additional pleadings relevant to the administration of the settlement. I have billed my time to this case at $745 per hour. 6 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

7 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 7 of 99 Page ID #: Thus, the total of hours and attorney s fees to date for myself and the attorneys I have personally supervised at my firm who did work on this matter is 3, hours up through final approval and administration and $2,060, in attorneys fees to litigate this matter since its inception until conclusion. My firm has fronted litigation costs to date in the amount of $52, costs and attorney hours are individually tracked and recorded for each case my law firm handles and are contemporaneously recorded. Attached are true and correct copies of the billed hours of myself and the associates at my firm hereto marked as Ex. A and a true and correct copy of my office s breakdown of costs advanced on this case hereto marked as Ex. B. 9. As evidenced by the various docket entries associated with this action, this case was aggressively litigated by all parties, and my office devoted a substantial amount of time and resources to litigating this action, especially with respect to preparing and filing the various appellate briefs with the Ninth Circuit, and which resulted in a significant opinion addressing the applicability of on duty meal period agreements in the context of class certification. I am aware that the Abdullah opinion has been cited by the DLSE in Opinion Letter November 15, 2013 and over 91 court opinions, including Lubin v. The Wackenhut Corp., 5 Cal. App. 5 th 926 (2016). 10. This case was also mediated with very experienced private mediators who have extensive knowledge mediating class action wage and hour disputes. The parties engaged in two full-day mediation sessions with Mark Rudy, Esq. of Rudy, Exelrod & Zeiff, with one taking place prior to the filing for class certification and a second one taking place after the District Court had granted certification of certain classes and subclasses. The parties also engaged in a further two full-day mediation sessions with Hunter Hughes, Esq., with one session taking place after the Ninth Circuit had upheld the District Court s certification of the meal break class and with the final session taking place on November 22, 2016 after the parties had filed cross-motions for summary judgment and defendant had filed a motion for decertification. Even though 7 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

8 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 8 of 99 Page ID #: the parties spent considerable time and resources to mediating this matter at various stages in the litigation, the matter did not settle until after several months of continued negotiation following the last mediation with Mr. Hughes, all the while the parties joint cross motions for summary judgment and Defendant s motion for class decertification were pending. Out of this uncertainty and after having the opportunity to more fully assess each side s perspectives as to liability and damages by way of the then pending dispositive motions and by way of merits discovery conducted, were the parties able to come to an agreement to resolve this matter and the Stone action pursuant to a $21,000, non-reversionary settlement. 11. There was no guarantee that Plaintiffs would prevail at trial, given the uncertainties of trying a class action involving such complex legal issues and given that Defendant hired a well-known defense firms who demonstrated their ability and commitment to litigating this action. 12. Based on my experience and my investigation of this matter, I believe that Plaintiffs have claims typical of the rest of the Class as their claims are based on the same facts and circumstances as those of the rest of the Class. 13. Plaintiffs also assisted me and my associates in the litigation of this action. After being informed of their obligations as Class Representatives, Plaintiffs have assisted with the litigation of this action, such as by speaking to a number of other current and former employees of Defendant during this litigation in order to help them provide facts for the investigation of this case, responding to written discovery, attending their depositions, and answering my office s and co-counsel s office s questions and concerns throughout this litigation. 14. I am also aware the there are no conflicts, actual or potential, between the interests of Plaintiffs and the other Class Members DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

9 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 9 of 99 Page ID #: EXPERIENCE OF PLAINTIFFS COUNSEL 15. I have been practicing employment litigation representing employees on a contingent fee basis since 2002 at my own firm. Since 2004, I have focused primarily on wage and hour cases, particularly on class actions. 16. I have been appointed as class counsel in more than two-dozen cases in California, some of which are listed below and all of these cases have been granted final approval, except as noted. 17. My firm has certified a number of cases including among others: (i) against Abercrombie & Fitch Stores, Inc. (where my firm was the firm leading the litigation including drafting and arguing the motion for class certification) involving over 100,000 class members and settling for $19.6 million after nearly 5 years of litigation, including nearly two years after certification was granted by the Hon. Judge Thierry Colaw and less than 6 months prior to a class action trial in the Orange County Superior Court before the Hon. Judge Kim Dunning, Complex Division and only after four separate full day mediation sessions (two days with Mark Rudy and two days with David Rotman, Esq.); (ii) Ballard v. Wal-Mart Stores, Inc. before the Hon. Judge Saundra Brown Armstrong, which settled for $86.0 million only after appeal by Defendant of the certification ruling and after oral argument before the Ninth Circuit and after three separate mediation sessions, one with Mark Rudy, Esq. and two separate full-day sessions with the Hon. Layn R. Phillips, (Ret.); (iii) Kiewit Pacific Corp., before the Hon. Judge Susan Illston, which resolved after mediation with the Hon. Judge William Larson, (Ret.). 18. I was counsel for Plaintiff in the case of Urbino v. Orkin, 726 F.3d 1118 (9th Cir. 2013) that resulted in a landmark and often cited Ninth Circuit published opinion of first impression which ruled that stand-alone California Private Attorney General Act (PAGA) cases, are not removable to Federal Court and must remain in the state court system. I was also counsel for Plaintiff in the case of Davis v. O Melveny & 9 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

10 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 10 of 99 Page ID #: Myers, 485 F.3d 1066 (9th Cir. 2007), which held that O Melveny & Myers arbitration agreement was unconscionable in part due unfairly one-sided terms such as discovery limitations. 19. With respect to the wage and hour class actions that have settled and been granted final approval, I engaged in the analysis of damages for the court in those cases. The documents that were relied on for the damage analysis that class counsel engaged in and presented to the court was based generally on: (i) the policies, procedures, and practices of the defendant, (ii) the depositions of the defendant, and (iii) the analysis of time and payroll data or databases. 20. In the class action cases set out below that have been granted final approval by California courts and where I was appointed class counsel, I have engaged in damages analysis. The breakdown for the types of damages analysis is as follows: a. cases involving significant meal and rest break damages analysis, b. cases involving vacation forfeiture damages analysis, c. cases involving overtime forfeiture damages analysis, d. cases involving unpaid time damages analysis, e. cases involving reimbursement for work-related expenses. Based on the analysis set forth in the accompanying Points & Authorities in support of Plaintiffs motion, the settlement is well within the range of approval and is fair, adequate and reasonable. 21. I have been class counsel in a number of cases that have settled and been granted final approval in courts throughout California. For example: a. In Re Wal-Mart Stores, Inc. Wage and Hour Litig., No SBA, United States District Court for the Northern District of California; b. Ashley Wilson v. Kiewit Pacific Co., No. CV 09-cv SI, United States District Court for the Northern District of California; 10 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

11 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 11 of 99 Page ID #: c. Lugliani v. Kinder Morgan Energy Partners, L.P., No. SACV JAK-VBK, United States District Court for the Central District of California; d. Wong v. Target Corporation, No. C06 CV05398 WDB, United States District Court for the Northern District of California; e. Ortmann, et al. v. New York Life Insurance Company, Inc. et al., No. CV VBF (VBKx), United States District Court for the Central District of California; f. Crider v. Wachovia Corporation et al., No. 3:08-CV EMC, United States District Court for the Northern District of California; g. Moody v. Charming Shoppes, No. 3:07-CV JL, United States District Court for the Northern District of California; h. Naupoto v. DHL, Express (USA) Inc., No. 3:09-CV JL, United States District Court for the Northern District of California; i. Hollister Higgins v. Starwood Hotels and Resorts Worldwide Inc., No. 5:05-CV VAP-SGL, United States District Court for the Central District of California (Eastern Division); j. O Tool v. Helmerich & Payne International Drilling Company, No CU-OE-VTA, Ventura County Superior Court; k. Gonzalo Javier v. Davita, Inc. et al., No. BC400811, Los Angeles County Superior Court; l. Saberi v. BFS Retail & Commercial Operations, LLC, No. RG , Alameda County Superior Court of California; Court; m. Mardirossian v. Lowe s, No. BC410541, Los Angeles County Superior n. Cooper v. TJ Maxx of CA, LLC, No. HG , Alameda County Superior Court; o. McBride v. Ensign United States Drilling (California), Inc., No. BC , Los Angeles County Superior Court; 11 DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

12 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 12 of 99 Page ID #: p. Bernandez, et al. v. Roscoe s House of Chicken N Waffles, No. BC , Los Angeles County Superior Court; q. Briggs v. Custom Building Products, No. BC343656, Los Angeles County Superior Court; r. Chan Lanier v. Citigroup, Inc. et al., No. CGC , San Francisco County Superior Court; s. Le v. Toshiba, No. 04 CC04108, Orange County Superior Court; t. Smith v. Hartford Fire Insurance Company, No. GIC , San Diego County Superior Court; u. Carter v. Ethan Allen, Inc., No. BC312632, Los Angeles County Superior Court; v. Macias et al. v. Advanced Tech Security Services, No. BC310957, Los Angeles County Superior Court. 22. I, and attorneys that I have worked with on putative class actions, have in reaching settlements used many of the most prominent mediators in California, including the Hon. Judge Layn R. Phillips, (Ret.), the Hon. Judge William Larson (Ret.), the Hon. Edward Infante, (Ret.), the Hon. Judge Peter Lichtman, (Ret.), David Rotman, Esq., Antonio Piazza, Esq., Lynne Frank, Esq., Mark Rudy, Esq., Michael Dickstein, Esq., Jeffrey Krivis, Esq., Gig Kyriacou, Esq., Hunter Hughes, Esq., and Cynthia Fruchtman, Esq. 23. Over the last 12 years, I have litigated against major California, national, and multi-national law firms including but not limited to, Morgan Lewis & Bockius, LLP; Littler Mendelson, P.C.; O Melveny & Myers, LLP; Jackson Lewis, LLP; Sheppard Mullin Richter & Hampton, LLP; Akin Gump Strauss Hauer & Feld, LLP; Paul Hastings Janofsky & Walker, LLP; and Reed Smith, LLP DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

13 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 13 of 99 Page ID #: SETTLEMENT ADMINISTRATION 24. I am aware that the settlement administration process has been carried out in accordance with the Court s Order Granting Preliminary Approval of the Class Action Settlement. The Settlement Administrator ( CPT Group, Inc. or CPT ), has, among other things: successfully completed the mailing of the class notices to Class Members; tracked all requests for exclusions; determined Class Members anticipated payment amount and Defendant s share of employer-related payroll taxes; provided consistent feedback to Counsel as to the status of the administration, inclusive of any questions or concerns raised by Class Members; and will work to complete the administration of the Settlement, inclusive of remitting any undelivered and undeposited checks to the California Department of Industrial Relations pursuant to the Unpaid Wage Fund; performing a final accounting of payments pursuant to the settlement, among other things. Therefore, I am of the opinion that CPT has to date performed all of its duties pursuant to the settlement in a satisfactory manner, and will continue to do until administration of the settlement is completed. 25. I have also personally addressed Class Members questions and concerns regarding the settlement, and estimate that I have spent a number of hours in advising Class Members about the settlement. The response of class members is further evidence of the fairness of the settlement that was achieved in this case after years of litigation. 26. As previously expressed, I believe that the settlement in this case is fair, adequate and reasonable, treats Class Members equitably relative to one another and is in the best interest of the Class Members and Defendant in light of all known facts and circumstances and the risks inherent in litigation, including the risk of potential appeals and only after extensive investigation and litigation DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

14 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 14 of 99 Page ID #: I declare under the penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct. Executed this 3rd day of November, 2017 at Los Angeles, California s/ Peter M. Hart Peter M. Hart DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

15 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 15 of 99 Page ID #:7328 EXHIBIT A

16 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 16 of 99 Page ID Abdullah v. U.S. Security #:7329 Associates, Inc. Peter M. Hart Date hours 11/3/2008 Telephone call with M. Abdullah re possible case; advise re documents /11/2008 attorney-client retainer agreement to M. Abdullah /20/2008 Draft attorney-client retainer agreement /2/2008 Research claims re security guards and case law /3/2008 Draft class action complaint /4/2008 Revise class action complaint /5/2008 complaint to M. Abdullah for review 12/8/2008 Call from M. Abdullah re claims and questions /15/2008 Travel to and meet with M. Abdullah re questions /16/2008 Review client documents, timesheets and paystubs /18/2008 Review client documents, timesheets and paystubs /22/2008 Research re USSA, size, profitability /30/2008 Research re USSA, size, profitability /6/2009 Research cases filings against USSA; telephone call with client; draft class action complaint /7/2009 Draft class action complaint; draft summons /9/2009 Advise client re complaint and case filing; circulate draft /12/2009 Draft civil case cover sheet and addendum /13/2009 Revise and finalize complaint; file complaint with LASC /14/2009 Revise proof of filing /15/2009 Serve summons & complaint; review assignment /20/2009 Draft PMK Notice /21/2009 Draft initial set of written discovery; RFPs, Interrogatories /22/2009 Draft initial set of written discovery; RFPs, Interrogatories, Special Interrogatories, and RFAs 3.30 Page 1 of 82

17 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 17 of 99 Page ID Abdullah v. U.S. Security #:7330 Associates, Inc. 1/23/2009 Revise RFPs, Special Interrogatories, Form Interrogatories, RFAs /24/2009 Revise RFPs, Special Interrogatories, Form Interrogatories, RFAs /28/2009 Review CCW order re assignment /20/2009 Review notice of related cases filed by Defendant 2/23/2009 Review OSC re proof of service /26/2009 Review Defendant's CMC; filed proof of service /3/2009 Review stipulation and order re FAC /4/2009 Review stipulation and order re FAC; revise FAC /6/2009 Review filed stipulation order re FAC 3/9/2009 File FAC 3/10/2009 Review Answer to FAC /19/2009 Review order re related cases /30/2009 Review Defendant's discovery; prepare templates /31/2009 Prepare responses to discovery /1/2009 Prepare documents to serve and bates numbering /8/2009 Review protective order draft; s re same /13/2009 Review order re protective order /15/2009 Respond to Defendant's written discovery RFPs and ROGs /17/2009 Revise responses to Defendant's RFPs /20/2009 Revise responses to Defendant's ROGs /23/2009 Finalize responses to RFPs and ROGs /26/2009 Telephone call with M. Abdullah re Defendant's discovery; to Plaintiff re attachments of RFPs and Rog responses /27/2009 Further telephone call with M. Abdullah re RFPs and ROG responses; serve responses /29/2009 Review filed Notice of CMC /10/2009 Telephone call with M. Abdullah re documents and EE handbook /10/2009 to L. Lee re courier re documents 0.10 Page 2 of 82

18 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 18 of 99 Page ID Abdullah v. U.S. Security #:7331 Associates, Inc. 5/16/2009 Prepare for PMK deposition of L. Flury; review documents and stubs and EE handbook /18/2009 Prepare for PMK deposition of L. Flury; review documents and stubs and EE handbook /19/2009 s and preparation with L. Lee and telephone call with L. Lee re PMK deposition /20/2009 Telephone call with L. Lee re PMK deposition /26/2009 Draft CMC statement /29/2009 Review filed CMC statement; review Defendant's CMC /15/2009 Draft Belair West letter; draft stipulation re Belaire West /20/2009 Revise Belaire West letter /23/2009 s re stipulation re Belair West; contacts re CPT mailing administrator /28/2009 Finalize and file stipulation and order re Belair West /24/2009 Review final transcript of PMK Flury /25/2009 Review final transcript of PMK Flury /27/2009 Outline PMK deposition /8/2009 Review Belaire West callers /21/2009 Prepare Plaintiff's mediation brief /22/2009 Prepare Plaintiff's mediation brief /23/2009 Prepare case law exhibits to mediation brief /24/2009 Prepare and select documents as exhibits to medial damages /26/2009 Revise mediation brief /28/2009 Finalize exposure calculations re mediation damaged and serve mediation brief to M. Rudy and Defendants /6/2009 Prepare for mediation; telephone call with M. Abdullah /7/2009 Travel to and attend mediation; meet with M. Abdullah /8/2009 Telephone call post mediation K. Yoon; M. Abdullah /14/2009 Call from William Kimbrough re Belaire Notice /17/2009 from W. Kimbrough re Belaire West Notice 10/18/2009 Telephone call with W. Kimbrough re Belaire West 0.80 Page 3 of 82

19 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 19 of 99 Page ID Abdullah v. U.S. Security #:7332 Associates, Inc. 10/21/2009 Prepare for CMC /22/2009 Travel to and attend post-mediation CMC /22/2009 Review documents from W. Kimbrough /27/2009 Draft and sent retainer agreement to W. Kimbrough /28/2009 Review from W. Kimbrough /30/2009 Review Kimbrough documents /1/2009 Review P's Motion for Leave to amend FAC /2/2009 Revise P's Motion for Leave to amend FAC /3/2009 Draft Hart Declaration is support of Leave to Amend; further revise motion to amend to add Plaintiff's Kimbrough Aguilar /9/2009 from K. Westmoreland re motion to intervene and stay 11/12/2009 Review and revise motion to intervene and stay /13/2009 Review and revise motion to intervene and stay /14/2009 Review opposition to leave to amend FAC /16/2009 from W. Kimbrough /17/2009 Review and revise Notice of Related Case /19/2009 Review and revise reply in support leave to amend /20/2009 Finalize reply in support leave to amend /29/2009 from W. Kimbrough re status /30/2009 Prepare for hearing re amend motion /1/2009 Travel to and attend hearing on amend; order re granting /6/2009 from W. Kimbrough re status; advise of order granting amendment /13/2009 Prepare exparte re continuance of certification filing /14/2009 Prepare exparte re continuance of certification filing /15/2009 Travel to and attend exparte /18/2009 File second amended complaint and serve /30/2009 Review Defendant's answer to FAC 0.30 Page 4 of 82

20 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 20 of 99 Page ID Abdullah v. U.S. Security #:7333 Associates, Inc. 12/30/2009 Review notice of removal; certificate of interested parties /5/2010 Research re remand, removal timeliness /5/2010 Review order Judge Fischer 1/7/2010 Review Order re transfer to Judge King /8/2010 Review order re reassignment; dates vacated 1/11/2010 Review order re case management; calendar /13/2010 Review order re OSC re remand; telephone call with K. Yoon re same; telephone call with L. Lee re same; research /14/2010 Research re remand; telephone call re remand K. Yoon /25/2010 Review response re OSC re remand /8/2010 Review order re OSC re remand; telephone call with K. Yoon re same; telephone call with L. Lee re same; research 2/9/2010 Review and calendar order rescheduling conference /12/2010 from W. Kimbrough re status /22/2010 Rule 26(f) early meeting /25/2010 Draft Rule 26(f) report /26/2010 Further revise Rule 26(f) report /1/2010 Review and revise stipulation to continue class certification filing /8/2010 Finalize stipulation re class certification filing; Rule 26(f) from Defendants 3/9/2010 Review filed stipulation /12/2010 Review order regarding stipulation, calendar certification filing deadlines 3/13/2010 Review and revise Rule 26(f) report /14/2010 Final review of Rule 26(f) report /15/2010 Review filed Rule 26(f) report /16/2010 Review notice re deficiencies; telephone call with K. Yoon 3/17/2010 Review response by court re deficiences 3/18/2010 Draft Plaintiff's initial disclosure /19/2010 Revise and finalize Plaintiff's initial disclosures, serve initial disclosures 8.10 Page 5 of 82

21 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 21 of 99 Page ID Abdullah v. U.S. Security #:7334 Associates, Inc. 3/25/2010 Review order re scheduling conference appearances off /30/2010 Review and revise motion to intervene and stay Morehead /11/2010 from W. Kimbrough re status /21/2010 Review court order re joint briefing re consolidation and lead counsel status; calendar deadlines and dates /22/2010 Review and revise L. Whitehead motion re intervention and stay /23/2010 Review Defendants motion to say pending Brinker; telephone call with K. Yoon re same /4/2010 Review Plaintiff's opposition to motion to stay /8/2010 Revise and finalize Plaintiff's opposition to motion to stay /10/2010 File opposition to motion to stay /11/2010 Prepare joint stipulation re briefing re consolidation /12/2010 Review order re stipulation /14/2010 Review order denying stay; telephone call K. Yoon /18/2010 Review joint stipulation re briefing re consolidation and lead counsel 5/19/2010 Reviewed filed joint stipulation re briefing re consolidation and lead counsel /24/2010 Review and research case law re certification; review court order re consolidation and calendar dates /25/2010 Research re cases state and federal re certification /26/2010 Research re cases and authority re subclasses certification /27/2010 Review and prepare PMK L. Flury deposition testimony /28/2010 Draft declarations of M. Abdullah, W. Kimbrough and C. Aguilar in support of certification motion /31/2010 Draft motion for class certification /1/2010 Draft motion for class certification /3/2010 Draft motion for class certification /4/2010 Draft Hart declaration in support of class certification /5/2010 Prepare exhibits of documents in support of cortication /7/2010 Prepare exhibits of documents in support of certification /8/2010 Revise and review draft of motion for class certification 8.00 Page 6 of 82

22 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 22 of 99 Page ID Abdullah v. U.S. Security #:7335 Associates, Inc. 6/9/2010 Revise and review draft of motion for class certification /10/2010 Revise and review draft of motion for class certification /11/2010 Finalize Hart declaration; review finals of Plaintiff's declarations /12/2010 Review and revise order granting certification; finalize exhibits to certification motions and declarations /14/2010 Finalize and file motion for class citification and supporting documents; from W. Kimbrough re declaration /21/2010 Review stipulation to continue hearing on class certification motion /22/2010 Review filing of stipulation /23/2010 Review order re hearing on class certification and briefing; calendar dates /30/2010 Review amendment to class certification motion 7/1/2010 File amendment to class certification motion /2/2010 Review deficiencies to amendment /22/2010 Review and revise notice of errata; research cases /28/2010 Review filed notice of errata 8/14/2010 Read declarations of 103 class members in support of defendants opposition to class certification; telephone call with K. Yoon; telephone call with L. Lee; meet with M. Coyle re same 8/16/2010 Review 103 declarations in support of defendant's opposition /18/2010 Review evidentiary objections to declarations; review and revise reply memorandum /24/2010 Revise evidentiary objection to decelerations; review and revise reply memorandum /30/2010 Review and revise reply memorandum /3/2010 Finalize and file reply memorandum evidentiary objections /15/2010 Review court order taking under submission motion; telephone call K. Yoon /21/2010 Review Defendant's response to evidentiary objections /26/2010 Review RJN /27/2010 File RJN /11/2011 Review court order granting in party and denying in part Plaintiff's motion for class certification; telephone call with K. Yoon; telephone call with L. Lee; telephone call with M. Abdullah; telephone call with W. Kimbrough Page 7 of 82

23 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 23 of 99 Page ID Abdullah v. U.S. Security #:7336 Associates, Inc. 1/16/2011 Research re post-certification discovery and appeal rights /27/2011 Review Defendant's Petition to Appeal to 9th Circuit; telephone call with K. Yoon, telephone call with L. Lee; s re same /31/2011 Research re opposition to petition /2/2011 Revise answer by Plaintiff's petition to appeal /4/2011 Finalize and file Plaintiff's Answer to Defendant's petition for appeal /9/2011 Review Defendant's motion for reconsideration re certification /10/2011 Review Defendant's Notice of Errata 2/14/2011 Review Court's deficiencies notice /16/2011 Review response reply to petition for appeal; telephone call K. Yoon re same; review and revise opposition to reconsideration /17/2011 Revise Plaintiff's opposition to motion for reconsideration of order granting certification /18/2011 Finalize and file Plaintiff's opposition to reconsider motion /29/2011 Review reply by Defendant re reconsideration motion /10/2011 Order re reconsideration; review ruling re hearing /25/2011 Review order and ruling denying reconsideration of order granting class certification; telephone call K. Yoon; telephone call L. Lee re same 4/20/2011 Review order 9th Circuit re granting petition for appeal /21/2011 Review orders re appellate procedures; telephone call K. Yoon /26/2011 Notice re payment of 9th Circuit docket fee; mediation questionnaire re 9th Circuit 5/24/2011 Review transcript designation; research Plaintiff's duties and obligations re docket and transcript /6/2011 Order from 9th Circuit re mediation program 6/19/2011 Telephone call K. Yoon re mediation issues; meet with K. Westmoreland /20/2011 Meet with K. Westmorland re mediation call; telephone call K. Yoon; calendar appeal briefing dates /30/2011 s of mediation letter with K. Yoon; revisions to demand /1/2011 Finalize mediation demand; s to 9th Circuit mediator /13/2011 Review 9th Circuit letter 1.70 Page 8 of 82

24 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 24 of 99 Page ID Abdullah v. U.S. Security #:7337 Associates, Inc. 7/19/2011 from Defendants counsel re mediation and briefing scheduled from M. Corrigan 9th Circ. Mediator 7/20/2011 s to K. Yoon re mediation proposal; finalize s to M. Corrigan and Defendant's counsel re same /21/2011 Finalize and send communication re mediation demand to C. Corrigan and Defendants counsel /3/2011 Review Defendants mediation response; telephone call with K. Yoon re same /8/2011 Review mail correspondence from 9th Circuit /15/2011 Communication from M. Corrigan re mediation and briefing schedule; s and communication from 9th Circuit /16/2011 from M. Corrigan 9th Circuit /23/2011 Telephone call with mediator M. Corrigan and Defendant's counsel and K. Yoon; preparation for mediation call; order from mediator /30/2011 Review mail correspondence from 9th Circuit 9/4/2011 Telephone call with 9th Circuit mediator M. Corrigan and Defendant's counsel /12/2011 to Defendant's counsel R. Boughton re mediation /13/2011 Review 9th Circuit Order re briefing schedule calendar dates; telephone call K. Yoon re same /16/2011 from A. Healy re stay of action /6/2011 s and communication re mediation /6/2011 to A. Healy re conference call /7/2011 Order re mediators call /11/2011 Review from A. Healy and K. Yoon re mediator selection /11/2011 to. A. Healy re RFPs /11/2011 Draft letter to A. Healy to opposing counsel re certificate of interested parties and settlement /20/2011 to A. Healy re mediator status and conference call with Ninth Circuit /20/2011 Office conference with A. Healy re conference call /21/2011 Mediation telephone call with M. Corrigan and Defendant's counsel /24/2011 9th Circuit mediators order and briefing schedule /26/2011 Review 9th Circuit correspondence /26/2011 to A. Healy to co counsel re mediation 0.25 Page 9 of 82

25 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 25 of 99 Page ID Abdullah v. U.S. Security #:7338 Associates, Inc. 10/27/2011 to A. Healy to Rudy s office re mediation /31/2011 to A. Healy to Rudy s office confirming mediation /1/2011 Review 9th Circuit correspondence /4/2011 Review from A. Healy re conference call with ninth circuit /10/2011 Office conference with A. Healy re conference call /15/2011 9th Circuit mediator order review /22/2011 s to L. Lee and K. Yoon re mediation and 9th Circuit briefing /22/2011 Office conference with A. Healy /23/2011 s to L. Lee and K. Yoon re mediation and 9th Circuit briefing; L. Lee to Defendant's re briefing schedule /30/2011 Communication from R. Boughton/Defendants re agreement on briefing /30/2011 to A. Healy re briefing schedule /1/2011 from A. Healy re briefing schedule /2/2011 to A. Healy re mediation /12/2011 from R. Boughton re briefs /13/2011 s from R. Boughton and A. Healy re briefs /14/2011 Review from M. Corrigan re briefs 12/15/2011 Order from 9th Circuit re revised briefing; calendar dates /15/2011 to A. Healy re scheduling issues /11/2012 Order 9th Circuit; re mediation; telephone call A. Healy 1/17/2012 from R. Boughton re mediation with M. Rudy; telephone call with K. Yoon and L. Lee /18/2012 s re mediation dates and location /18/2012 to A. Healy re mediation /19/2012 Meet with A. Healy re mediation communication and review mediation /20/2012 Communication with A. Healy re mediation; from A. Healy to R. Boughton /7/2012 from M. Corrigan re schedule and Rudy mediation /8/2012 s from A. Healy re communication to M. Corrigan Page 10 of 82

26 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 26 of 99 Page ID Abdullah v. U.S. Security #:7339 Associates, Inc. 2/8/2012 to A. Healy re discovery /9/2012 Communication re stay on discovery during appeal R. Boughton /13/2012 re discovery K. Yoon 2/14/2012 Review stipulation re stay re discovery and revise; from R. Boughton re say and briefing; review stipulation revisions from A. Healy /21/2012 from R. Boughton re mediation date with Rudy and stipulation re schedule re briefing 2/23/2012 Order from 9th Circuit re briefing continuance; calendar 2/27/2012 from R. Boughton to M. Corrigan /28/2012 s re calendaring 9th Circuit mediator call in May 2/29/2012 9th Circuit order re mediation /2/2012 Telephone call K. Yoon re mediation communication; mediation communication to R. Boughton /12/2012 Review Brinker opinion; telephone call re Brinker K. Yoon; meet with A. Healy re Brinker and certification implications /19/2012 Review K. Giralomo memorandum re meal breaks /23/2012 Review and meet with K. Giralomo re further memo /24/2012 Review and meet with K. Giralomo re further memo; of memo to K. Yoon and L. Lee by K. Giralomo /25/2012 Draft mediation brief /26/2012 Revise mediation brief; Kirby v. Immoos case; brinker /27/2012 Revise mediation brief; case; brinker /30/2012 Finalize and serve mediation brief; adjust exposure /7/2012 Meet re mediation K. Yoon; telephone call L. Lee; prepare for mediation /8/2012 Travel to and attend mediation with M. Rudy /31/2012 Draft to P. Choi re scheduling for briefs /1/2012 to A. Healy re scheduling of briefs /1/2012 to A. Healy re briefing schedule and requested additional time by US Security /1/2012 to A. Healy re extension request /1/2012 to A. Healy re scheduling of briefs 0.25 Page 11 of 82

27 Case 2:09-cv PSG-E Document Filed 11/03/17 Page 27 of 99 Page ID Abdullah v. U.S. Security #:7340 Associates, Inc. 6/4/2012 from A. Healy to R. Boughton /5/2012 re briefing schedule from R. Boughton re briefing /5/2012 to A. Healy to mediator re settlement issues /6/2012 Order 9th Circuit re briefs 6/6/2012 to A. Healy re new decision relevant to case /18/2012 to A. Healy re appeal and mediation /6/2012 Review Appellant's opening brief /7/2012 Review Appellant's opening brief /9/2012 Review 9th Circuit order /11/2012 Review 9th Circuit order re paper copies received /24/2012 A. Healy communication re 9th Circuit extend time; review /26/2012 File 9th Circuit request to extend time; review order granting; calendar 10/1/2012 date /22/2012 Office conference with P. Choi to discuss strategy, timing and issues /18/2012 Review and revise answering brief /19/2012 Review excerpts of record /24/2012 Revise answering brief of Appellees /25/2012 Further revisions to Answering Brief /29/2012 Review and revise final draft of answering brief /1/2012 File Answering Brief /2/2012 9th Circuit Order re filing, notice to submit copies 10/4/2012 Notice of Receipt filed by 9th Circuit /5/2012 Review Defendant's request to extend briefly /5/2012 Notice of appearance of L. Thibudeaux /6/2012 Notice of appearance of R. Simmons /4/2012 Review Defendant's Reply Brief /10/2013 Review and calendar notice of oral argument; discuss with K. Yoon 1.60 Page 12 of 82