Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 1 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 ERIC B. KINGSLEY, Bar No. 185123 eric@kingsleykingsley.com LIANE KATZENSTEIN LY, Bar No. 259230 liane@kingsleykingsley.com KINGSLEY & KINGSLEY, APC 16133 Ventura Boulevard, Suite 1200 Encino, CA 91436 Telephone: (818) 990-8300 Facsimile: (818) 990-2903 JOSHUA M. DAVID (Admitted Pro Hac Vice) jdavid@davidkampfrank.com NICHOLAS A. NUNES (Admitted Pro Hac Vice) nanunes@davidkampfrank.com DAVID, KAMP & FRANK, L.L.C. 739 Thimble Shoals Boulevard, Suite 105 Newport News, VA 23606 Telephone: (757) 595-4500 Facsimile: (757) 595-6723 Attorneys for Plaintiffs NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O CONNELL, and ANNIYA LOUIS, on behalf of themselves and all others similarly situated 14 15 16 17 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 19 20 21 22 23 24 25 26 27 NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O CONNELL, and ANNIYA LOUIS on behalf of themselves and others similarly situated, v. Plaintiffs, PEAK CAMPUS MANAGEMENT, LLC, Defendant. Case No. 3:14-cv-3238-MMC PLAINTIFFS AND CLASS COUNSEL S NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS Date: April 29, 2016 Time: 9:00 a.m. Judge: Hon. Maxine M. Chesney Location: Courtroom 7 Complaint filed: July 17, 2014 Trial date: Not set 28 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 2 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 TABLE OF CONTENTS MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION..2 II. FACTUAL AND PROCEDURAL BACKGROUND...2 A. Complaint and Amended Complaint.2 B. Conditional Certification of FLSA Collective Action...3 C. Mediation and Settlement..3 D. Preliminary Approval...4 III. ATTORNEYS FEES AND LITIGATION COSTS...4 A. Class Counsel is Entitled to an Award of Attorneys Fees 4 B. The Circumstances of This Case Support a 30% Attorney s Fees Award 5 C. The Reasonableness of the Requested Fee Award is Confirmed by a Lodestar Cross-Check 9 D. Class Counsel s Requested Expense Reimbursement is Proper..10 IV. ENHANCEMENT AWARDS..11 V. CONCLUSION.13 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) ii
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 3 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TABLE OF AUTHORITIES CASES Boeing Co. v. Van Gemert, 444 U.S. 472 (1980)...4 Central R.R. & Banking Co. v. Pettus, 113 U.S. 116 (1885). 4 Ching v. Siemens Indus., Case No. 11-cv-04838-MEJ (N. D. Cal. June 27, 2014)...8 Chu v. Wells Fargo Invs., LLC, 2011 U.S. Dist. LEXIS 1582 (N.D. Cal. Feb. 15, 2011)......12 Chun-Hoon v. McKee Foods Corp., 716 F. Supp. 2d 848 (N.D. Cal. 2010)...10 Class Plaintiffs v. Jaffe & Schlesinger, P.A., 19 F.3d 1306 (9th Cir. 1994).....4 Covillo v. Specialty s Café, 2014 U.S. Dist. LEXIS 29837 (N. D. Cal. March 6, 2014) 8, 12 Gates v. Deukmejian, 987 F.2d 1392 (9th Cir. 1992)......... 9 Glass v. UBS Fin. Servs., 2007 U.S. Dist. LEXIS 8476, 2007 WL 221862.... 12 Harris v. Marhoefer, 24 F.3d 16 (9th Cir. 1994)......... 10 Hopson v. Hanesbrands, Inc., 2009 U.S. Dist. LEXIS 33900, 2009 WL 928133 (N.D. Cal. Apr. 3, 2009).. 12 26 27 28 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) iii
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 4 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re: Activision Sec. Litig., 723 F. Supp. 1373 (N.D. Cal. 1989)......... 5 In re Omnivision Techs., Inc., 559 F.Supp.2d 1036 (N.D. Cal. 2007)......4, 6, 7, 8 In re Washington Public Power Supply System Sec. Litig., 19 F.3d 1291 (9th Cir. 1994).... 8 Knight v. Red Door Salons, Inc., 2009 U.S. Dist. LEXIS 11149, 2009 WL 248367 (N.D. Cal. 2009).. 5, 8, 10 Odrick v. UnionBanCal Corp., 2012 U.S. Dist. LEXIS 171413, 2012 WL 6019495 (N.D. Cal. Dec. 3, 2012).... 10 Paul, Johnson, Alston & Hunt v. Graulty, 886 F.2d 268 (9th Cir. 1989)......... 5 Powers v. Eichen, 229 F.3d 1249 (9th Cir. 2000)...... 5 Radcliffe v. Experian Info. Solutions, 715 F.3d 1157 (9th Cir. 2013)........12 Six (6) Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301 (9th Cir. 1990)...... 5 Staton v. Boeing Co. 327 F.3d 938 (9th Cir. 2003).... 4 Trevino v. Gates, 99 F.3d 911 (9th Cir. 1996).......9 Van Vranken v. Atl. Richfield Co., 901 F.Supp. 294 (N.D. Cal. 1995)......11, 12 Vincent v. Hughes Air West, Inc., 557 F.2d 759 (9th Cir. 1977)......4 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) iv
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 5 of 19 1 2 3 4 5 6 7 8 9 Vizcaino v. Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002)........9 STATUTES 29 U.S.C. 216(b)....1, 4 RULES Federal Rule of Civil Procedure 23(h)......1, 4 Federal Rule of Civil Procedure 54(d)......1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) v
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 6 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOTICE OF MOTION AND MOTION PLEASE TAKE NOTICE that on April 29, 2016, at 9:00 a.m., or as soon thereafter as the matter may be heard in the above-entitled Court, located at 450 Golden Gate Avenue, San Francisco, California 94102, 19th Floor, Courtroom 7, the Honorable Maxine M. Chesney presiding, Plaintiffs Nicholas Selbe, Daniel Ghyczy, Makaela O Connell, and Anniya Louis, together with undersigned Class Counsel, will and hereby do move this Court, pursuant to Federal Rules of Civil Procedure 23(h) and 54(d), Section 216 of the Fair Labor Standards Act ( FLSA ), 29 U.S.C. 216(b), other applicable law, and the Court s directives as set forth in its December 30, 2015 Order (ECF No. 108), for an order awarding $240,000 in attorneys fees, representing 30% of the common settlement fund, $24,473.43 in litigation costs, and enhancement awards to Plaintiffs Nicholas Selbe, Daniel Ghyczy, Makaela O Connell, and Anniya Louis in the amounts of $8,000, $8,000, $4,000, and $4,000, respectively from the common-fund settlement of $800,000 reached in the above-captioned action. This Motion is supported by the Memorandum of Points and Authorities incorporated herein, the declarations attached hereto, and the other records, pleadings, and papers filed in this action, and any evidence or argument presented at the hearing on this motion. DATED: February 9, 2016 Respectfully submitted, DAVID, KAMP & FRANK, L.L.C. By: /s/ Joshua M. David JOSHUA M. DAVID, ESQ., pro hac vice 25 26 27 28 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 1
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 7 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION MEMORANDUM OF POINTS AND AUTHORITIES Plaintiffs Nicholas Selbe, Daniel Ghyczy, Makaela O Connell, and Anniya Louis (collectively Plaintiffs or Named Plaintiffs ), together with the undersigned Class Counsel, submit this memorandum in support of their Motion for Award of Attorneys Fees, Litigation Costs, and Enhancement Awards. By Order entered on December 30, 2015 (ECF No. 108), the Court granted preliminary approval of the parties settlement and approved notice to be sent to all Class Members. By this Motion, the Plaintiffs and Class Counsel request the Court to grant final approval of an award of attorneys fees to Class Counsel in the amount of 30% of the common fund, equating to $240,000, authorize payment from the common fund of litigation costs in the amount of $24,473.43, and approve enhancement awards to the Class Representatives in the amounts of $8,000 each to Nicholas Selbe and Daniel Ghyczy and $4,000 each to Makaela O Connell and Anniya Louis. II. FACTUAL AND PROCEDURAL BACKGROUND A. Complaint and Amended Complaint Named Plaintiffs filed the original Complaint in this matter on July 17, 2014 (ECF No. 1). The Complaint alleged violations of the Fair Labor Standards Act ( FLSA ) as well as California state wage and hour law. On February 10, 2015, pursuant to a joint stipulation and Order of the Court, Named Plaintiffs filed a First Amended Complaint to assert an additional count under the California Private Attorneys General Act of 2004 ( PAGA ) (ECF No. 47). Defendant manages apartments that are intended for and marketed as housing for college and university students. Class Members were employed at these properties managed by the Defendant in a position called an All-Star. All-Stars performed leasing and clerical work in the leasing office and, more importantly, filled a role similar to that of a resident advisor at a college or university. In this role, All-Stars were expected to establish a presence in their NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 2
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 8 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 communities, build and maintain relationships with current residents, market the property to future residents, advise residents and answer their questions, plan and execute parties, events, and competitions for residents, and perform other duties in furtherance of Defendant s business interests. All-Stars were required to live onsite in a unit managed by Defendant. Without onsite residency, an All-Star would be unable to perform his or her duties that relate to the resident advisor role. For a specified number of hours worked, as determined by the rent value, All-Stars were compensated through lodging under a Work for Rent arrangement. The Complaint and Amended Complaint alleged that pursuant to the FLSA, Work for Rent lodging cannot be credited towards the payment of minimum wages at all and that under California wage and hour law, if the lodging may be credited at all, the permissible maximum is substantially less than the credit taken by the Defendant. Defendant denied that its employment or pay practices violated either the FLSA or California state wage and hour law and asserted that the Work for Rent arrangement is a permissible practice. B. Conditional Certification of FLSA Collective Action Pursuant to a joint motion of the parties, the Court, on January 21, 2015, conditionally certified this action as an FLSA collective action (the Consent Order ) (ECF Nos. 32 and 34). The Consent Order approved the notice plan agreed upon by the parties. Through the notice plan and opt-in process, 165 people filed a Consent to Join Collective Action form to join the FLSA portion of the lawsuit as opt-in plaintiffs. An additional number of people are putative plaintiffs pursuant to the California state law portion of the lawsuit. C. Mediation and Settlement On July 30, 2015, the parties attended a full day private mediation session in Los Angeles, California with experienced wage and hour mediator Michael E. Dickstein, Esq. At a mediation that lasted in excess of fifteen hours, the parties agreed to a settlement of this case and executed a Memorandum of Understanding outlining the vigorously negotiated terms of the settlement. NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 3
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 9 of 19 1 2 3 4 The parties subsequently agreed to a more formal Settlement Agreement setting forth the terms of their agreed settlement. D. Preliminary Approval On December 18, 2015, the Court held a hearing on Plaintiffs unopposed Motion for 5 Preliminary Approval of Class and Collective Action Settlement. By Order entered 6 7 8 9 December 30, 2015 (ECF No. 108), Plaintiffs Motion was granted. Pursuant to the Court s Order, Class Counsel was required to file, serve, and submit for posting on the Settlement Administrator s website their motion for attorneys fees, litigation costs, and Enhancement Awards. 10 11 III. ATTORNEYS FEES AND LITIGATION COSTS A. Class Counsel Is Entitled to an Award of Attorneys Fees 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Reasonable attorney s fees and costs are allowed under Federal Rule of Civil Procedure 23(h) and Section 216 of the FLSA, 29 U.S.C. 216(b), both of which apply to this case. Courts have long recognized that when attorneys efforts result in the creation of a common fund that benefits named plaintiffs and unnamed class members, counsel have an equitable right to be compensated from that fund as a whole for their successful efforts in creating it. See, e.g., Boeing Co. v. Van Gemert, 444 U.S. 472, 478 (1980); Central R.R. & Banking Co. v. Pettus, 113 U.S. 116 (1885); Staton v. Boeing Co., 327 F.3d 938, 967 (9th Cir. 2003). The common fund doctrine provides that a private plaintiff, or his attorney, whose efforts create, discover, increase or preserve a fund to which others also have a claim is entitled to recover from the fund the costs of his litigation, including attorneys fees. Vincent v. Hughes Air West, Inc., 557 F.2d 759, 769 (9th Cir. 1977); see also Class Plaintiffs v. Jaffe & Schlesinger, P.A., 19 F.3d 1306, 1308 (9th Cir. 1994); In re Omnivision Techs., Inc., 559 F.Supp.2d 1036, 1046 (N.D. Cal. 2007). /// /// NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 4
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 10 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 B. The Circumstances of This Case Support a 30% Attorneys Fees Award The Ninth Circuit has historically considered twenty-five percent of the common fund a benchmark figure for attorneys fee awards. Six (6) Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301, 1311 (9th Cir. 1990); Powers v. Eichen, 229 F.3d 1249, 1256 (9th Cir. 2000). However, the exact percentage varies depending on the facts of the case, and in most common fund cases, the award exceeds that benchmark. Knight v. Red Door Salons, Inc., 2009 U.S. Dist. LEXIS 11149, at *17, 2009 WL 248367 (N.D. Cal. 2009).; In re: Activision Sec. Litig., 723 F. Supp. 1373, 1377 (N.D. Cal. 1989) ( This court s review of recent reported cases discloses that nearly all common fund awards range around 30% ); Paul, Johnson, Alston & Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir. 1989) ( Ordinarily, however, such fee awards range from 20 percent to 30 percent of the fund created. ) At the hearing on Plaintiffs motion for preliminary approval, the Court asked Class Counsel what justified an upward deviation from the Ninth Circuit s benchmark of 25%. David Decl. at 8. Class Counsel provided three reasons. Id. First, that an excellent settlement was achieved in this case. Id. Taking account of the applicable statute of limitations, Class Members, after deductions for the attorneys fees, costs, and enhancement awards requested and the PAGA payment, will receive an amount that approximates 100% of the primary damages in the case, that is the failure to pay minimum wage for all hours worked on account of taking a credit for the provision of lodging. Id. That is an excellent recovery given the various uncertainties in the case (discussed in more detail below). Id. Second, this case is the second of four similar cases Class 21 Counsel has filed in the student housing industry. 1 Id. Class Counsel has discovered and been 22 23 24 25 26 27 28 advised that as a result of Class Counsel s efforts, companies in the industry are changing their pay practices to eliminate mandatory work-for-rent arrangements in favor of the payment of 1 Igel v. Campus Apartments, LLC, et al., E.D.Va. Civil No. 2:12-cv-642; Janneh, et al. v. Asset Campus Housing, Inc., et al., E.D.Va., Civil No. 2:15-CV-120-AWA-TEM; Guadalupe v. American Campus Communities Services, Inc., et al., E.D.Va, Civil No. 2:15-cv-487. NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 5
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 11 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cash wages. Id. Class Counsel submits that it is unusual to have this sort of impact on an industry, potentially on a nationwide scale, and that this success weighs in favor of a slight upward adjustment from the benchmark standard. The final justification provided at the hearing by Class Counsel was that the 30% fee sought was significantly less than the hourly Lodestar calculation. Id. This point is presented in more detail below. Class Counsel continues to submit that these reasons support the slight upward adjustment sought. Class Counsel s reasons stated at oral argument overlap in many respects with the five-factor test courts generally consider when assessing whether the percentage requested is fair and reasonable: (1) the results achieved; (2) the risk of litigation; (3) the skill required and the quality of work performed; (4) the contingent nature of the fee and the financial burden; and (5) the awards made in similar cases. In re Omnivision Techs., 559 F. Supp. 2d 1036, 1046 (N.D. Cal. 2007). Those factors are discussed in more detail below. 1. Results achieved and risk of litigation As stated above, Class Counsel submits that an excellent result was achieved for the Class. The settlement will provide average net distributions to individual Class Members in the range of $2,500, a significant per Class Member recovery. David Decl. at 9. In view of the potential recovery and the risks involved in continuing with litigation, Class Counsel obtained an outstanding settlement. Id. If the Plaintiffs were able to prevail on each and every issue in the case and collect the resulting judgment, Class Members, on average, might stand to recover approximately twice the amount that will result from this settlement. Id at 10. In order to achieve that result, Plaintiffs would first have to overcome Defendant s arguments that class and collective treatment is not appropriate. Id. Defendant argued that the off the-clock aspect of the case was entirely unsuited for class treatment and that the primary aspect of the case also faced the risk of decertification based upon the potential complexity of the damages issues. Id. If these issues could be overcome, Plaintiffs would then need to prevail on the issue of for whose NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 6
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 12 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 primary benefit the lodging at issue was provided. Id. Plaintiffs would then need to litigate with Defendant to determine what credit, if any, Defendant may be entitled to receive for the cost of the lodging provided. Id. In order to recover more, Plaintiffs would need to prevail on at least these issues: (1) the availability of liquidated damages; (2) the ability to show willfulness in order to extend the FLSA statute of limitations from two years to three years; and (3) the availability of the various California penalties, given the Defendant s arguments that the penalties were duplicative, punitive, and unconstitutional and the permissive nature of some or all of the penalties. Id at 11. Defendant hotly contested each of these issues. Id. Finally, Plaintiffs ability to actually collect a large judgment, if obtained, also became an issue at the mediation. Id. Given the litigation risk of all of the issues in the case, including decertification risk, together with the potential issues with collecting a judgment, Class Counsel submits that the settlement achieved is substantial. The overall result and benefit to the class from the litigation is the most critical factor in granting a fee award. In re Omnivision Techs., Inc., 559 F. Supp. 2d 1036, 1046 (N.D. Cal. 2007). Class Counsel submits that an excellent result was achieved for the Class, which justifies the slight upward adjustment from the benchmark that is being requested. 2. Skill of counsel and the quality of work Class Counsel submits that it showed great skill, thoroughness, and conscientiousness in investigating and developing the claims, liability theories, and estimated possible recoveries in this litigation, which involved a national class. David Decl. at 12. As touched upon above, Virginia Class Counsel s experience in a prior, similar case was instrumental both to the origin and handling of this case. Id. California Class Counsel are extremely experienced wage and hour litigators whose expertise contributed to the substantial result achieved. Kingsley Decl. at 3. Class Counsel used its considerable skill and expertise to position the Class to achieve a highly favorable settlement. David Decl. at 12. Thousands of pages of documents were thoroughly NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 7
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 13 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reviewed on a Class Member-by-Class Member basis to develop Plaintiffs damages theories and calculations. Id. Class Counsel s experience and reputation assisted them in representing the Class vigorously and in bringing this case to an efficient conclusion with the substantial recovery for the Class. Id. 3. Contingent nature of the fee and the financial burden This matter was handled on a contingent fee basis with Class Counsel advancing all of the costs of litigation. Id at 13. As of the date of this filing, Class Counsel has expended 994.30 hours on this case in attorney and paralegal time. Id. Class Counsel anticipates that they will continue to spend time on this matter throughout the settlement administration period. Id. Class Counsel has advanced $23,223.43 for costs related to the litigation. Id. These are significant outlays of time and resources made by Class Counsel without any guarantee that Class Counsel would ever obtain any compensation at all. Courts have long recognized that the public interest is served by rewarding attorneys who assume representation on a contingent basis with an enhanced fee to compensate them for the risk that they might be paid nothing at all for their work. See In re Washington Public Power Supply System Sec. Litig., 19 F.3d 1291, 1299 (9th Cir. 1994); In re Omnivision Techs., Inc., 559 F. Supp. 2d 1036, 1047 (N.D. Cal. 2007). 4. Awards in similar cases As discussed in above (III(B)), it is not unusual for Courts to award fees above the 25% benchmark, including at the 30% level and beyond. In addition to the cases cited above, courts in this District have approved fee awards of 30% of the common fund in recent wage and hour cases. See e.g., Ching v. Siemens Indus., Case No. 11-cv-04838-MEJ (N. D. Cal. June 27, 2014) (approving a 30% fee award out of a $425,000 common fund); Covillo v. Specialty s Café, 2014 U.S. Dist. LEXIS 29837, at *26 (N. D. Cal. March 6, 2014) (granting a fee award of 30% of the common fund of $1.8 million); Knight v. Red Door Salons, Inc., 2009 U.S. Dist. LEXIS 11149, at *19, 2009 WL 248367 (N. D. Cal. February 2, 2009) (approving a 30% fee award out of a NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 8
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 14 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $500,000 common fund, which fund represented approximately 50% of the potential damages available). Although Class Counsel is seeking an upward deviation from the benchmark, the deviation sought is minor and in line with recent awards in wage and hour cases. Accordingly, all of the factors used in determining the appropriateness of a fee request support the conclusion that the amount of fees requested by Class Counsel for their efforts on behalf of the Class are reasonable. 2 C. The Reasonableness of the Requested Fee Award Is Confirmed by a Lodestar Cross-Check. A Lodestar cross-check confirms that the percentage fee award requested by Class Counsel is reasonable. See Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1050 (9th Cir. 2002) ( [W]hile the primary basis of the fee award remains the percentage method, the lodestar may provide a perspective on the reasonableness of a given percentage award ). To date, Class Counsel has expended 994.30 hours of attorney and paralegal time on this litigation (804.8 of attorney time and 189.50 of paralegal time), resulting in Lodestar fees through the present of $449,195.00. David Decl. at 13. This amount is based upon detailed, itemized, contemporaneously-kept time records submitted with this Motion. The requested 30% fee award of $240,000, therefore, is notably lower than the Lodestar amount. The hourly rates for attorney time are reasonable and consistent with attorneys with comparable experience and qualifications in this legal market. Kingsley Decl. at 7-11. See Trevino v. Gates, 99 F.3d 911, 925 (9th Cir. 1996) ( In determining the reasonable hourly rate, the court should be guided by the rate prevailing in the community for similar work performed by attorneys of comparable skill, experience, and reputation. ) (citation omitted); Gates v. Deukmejian, 987 F.2d 1392, 1405 (9th Cir. 1992) (stating that the general rule is to use the rates of attorneys practicing in the forum district ). The hours spent on this litigation by 2 In addition, the Named Plaintiffs in their engagement of Class Counsel and the FLSA opt-in Class Members, in the Consent to Join Collective Action form, consented to fees of up to 40% of any settlement fund or judgment. David Decl. at 18. NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 9
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 15 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Class Counsel are also reasonable. David Decl. at 14; Kingsley Decl. at 13. Class Counsel s fee request of $240,000 represents a 53% reduction from the Lodestar figure, and, therefore, the Lodestar cross-check confirms the reasonableness of the fee request. This request results in a negative multiplier, which serves to further benefit the Class Members, for whom the settlement was negotiated. See Chun-Hoon v. McKee Foods Corp., 716 F. Supp. 2d 848, 854 (N.D. Cal. 2010) (commenting that a negative multiplier suggests that the fee award is a reasonable and fair valuation of the services rendered to the class by class counsel). D. Class Counsel s Requested Expense Reimbursement Is Proper. Class Counsel has advanced all costs incurred in this case. David Decl. at 13. These costs are itemized on the attached Declarations and total $23,223.43. Id. These expenses include costs related to use-based subscription charges for legal research and, importantly for paid database searching performed in an effort to locate valid contact information for potential Class Members so that notice in this case would reach as many potential Class Members as possible. Id. at 15. Costs also include filing fees, pro hac vice admission fees, travel expenses, expenses related to social media communication with potential Class Members, and mediation fees. Id. These expenses were all necessary expenditures for the maintenance of the action and reasonable in nature. Id at 14. Class Counsel estimates that additional costs of approximately $1,250 will be incurred in travel for the Final Approval Hearing and other miscellaneous expenses through the conclusion of this case. Id at 16. Attorneys may recover their reasonable expenses that would typically be billed to paying clients in non-contingency matters. See Harris v. Marhoefer, 24 F.3d 16, 19 (9th Cir. 1994); Odrick v. UnionBanCal Corp., 2012 U.S. Dist. LEXIS 171413, at *17, 2012 WL 6019495 (N.D. Cal. Dec. 3, 2012) (finding that reimbursement of costs and expenses, including mediation, travel, copying, mailing, legal research, and other litigation-related costs in their entirety is justified); Knight v. Red Door Salons, Inc., 2009 U.S. Dist. LEXIS 11149, at *20 (N.D. Cal. Feb. NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 10
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 16 of 19 1 2 3 4 5 2, 2009) ( Attorneys routinely bill clients for these expenses, and it is therefore appropriate for counsel here to recover these costs from the Settlement Fund. ) Class Counsel submits that the costs incurred and to be incurred were necessary and reasonable and request approval to pay these costs from the common settlement fund in the total amount of $24,473.43 ($23,223.43 in costs incurred and $1,250 in anticipated future costs). 6 7 IV. ENHANCEMENT AWARDS Plaintiffs have requested approval of enhancement awards to the Class Representatives of 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $8,000 each to Nicholas Selbe and Daniel Ghyczy and $4,000 each to Makaela O Connell, and Anniya Louis. The Court has the discretion to award enhancement awards, or incentive fees, to named class representatives in a class action suit. Van Vranken v. Atl. Richfield Co., 901 F.Supp. 294, 299 (N.D. Cal. 1995). In this case, Class Representatives are responsible for this case existing at all. David Decl. at 19. This case raises a somewhat novel issue, such that it is unlikely that the claims of other Class Members would have been pursued if not for the Class Representatives bringing this action. Id. By being willing to step forward and take the risks of being a named plaintiff, 200 other people have benefitted. Id. The Class Representatives accepted ultimate responsibility for Plaintiffs costs as the ethical rules that govern Virginia Class Counsel require the client to bear the ultimate responsibility for costs. Id. It is common knowledge that prospective employers are frequently performing Internet searches on job applicants. See, e.g., Job Applicant, Beware: You re Being Googled at http://career-advice.monster.com/jobsearch/getting-started/hr-googling-job-applicants/article.aspx. An Internet search using any of the Class Representatives names, particularly together with the word lawsuit will bring up information on this case, allowing any prospective employer to learn that each Class Representative was at the forefront of a lawsuit against a former employer. David Decl. at 19. This is a tremendous potential risk and burden for recent college graduates seeking their NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 11
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 17 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 first permanent jobs. Id. All of the Class Representatives were engaged in the prosecution of this case and assisted Class Counsel whenever requested. Id. at 20. A distinction is being made between the two Class Representatives who were available to participate in the preparation immediately before mediation and at the mediation itself and the two Class Representatives who were not. Id. Although it was outside circumstances that made two of the Class Representatives unable to participate in mediation and not in any way an unwillingness to do so, the two Class Representatives who did participate in the mediation process were instrumental in securing the proposed settlement, and a differentiation in enhancement awards is warranted on that basis. Id. Additionally, enhancements awards are warranted in this matter as to all of the Class Representatives as each agreed to a much broader release than class members. Id. Courts in this judicial district have approved enhancement awards similar to and greater to those requested in this case. See Covillo v. Specialty s Café, 2014 U.S. Dist. LEXIS 29837, at *28-29 (N.D. Cal. Mar. 6, 2014) (approving incentive payments of $8,000 each to three plaintiffs in a $2,000,000 settlement); Chu v. Wells Fargo Invs., LLC, 2011 U.S. Dist. LEXIS 1582, at *16 (N.D. Cal. Feb. 15, 2011) (awarding enhancement awards of $10,000 to three plaintiffs and $4,000 to two other plaintiffs); Hopson v. Hanesbrands, Inc., 2009 U.S. Dist. LEXIS 33900, at *29, 2009 WL 928133, at *10 (N.D. Cal. Apr. 3, 2009) (approving $5,000 award to one member of 217 member class from $408,420 settlement amount); Glass v. UBS Fin. Servs., 2007 U.S. Dist. LEXIS 8476, at *52, 2007 WL 221862, at *16-17 (N.D. Cal. Jan. 26, 2007) (approving $25,000 award to each of four plaintiff representatives in a large settlement); Van Vranken v. Atl. Richfield Co., 901 F. Supp. 294, 299 (N.D. Cal. 1995) (approving $50,000 award in a large settlement). The Class Representatives submit that the size of these proposed enhancement awards in no way undermines the adequacy of their representation of the class. David Decl. at 21. NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 12
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 18 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Further, receipt of an enhancement award was not conditioned upon any Class Representatives support of the settlement as was the case in Radcliffe v. Experian Info. Solutions, 715 F.3d 1157 (9th Cir. 2013), nor was there any agreement in advance that tied the amount of the enhancement award to the size of the settlement as discussed with disapproval in Radcliffe. Id. IV. CONCLUSION For the reasons stated herein, Plaintiffs and Class Counsel respectfully request an award of attorneys fees in the amount of $240,000, representing 30% of the common settlement fund, approval of the payment of $24,473.43 in litigation costs, including anticipated costs, and enhancement awards for the Class Representatives of $8,000 each to Nicholas Selbe and Daniel Ghyczy and $4,000 each to Makaela O Connell, and Anniya Louis. Dated: February 9, 2016 Dated: February 9, 2016 KINGSLEY & KINGSLEY /s/ Eric B. Kingsley ERIC B. KINGSLEY LIANE KATZENSTEIN LY Attorneys for Plaintiffs NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O CONNELL, AND ANNIYA LOUIS DAVID, KAMP & FRANK, L.L.C. /s/ Joshua M. David JOSHUA M. DAVID NICHOLAS A. NUNES Attorneys for Plaintiffs NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O CONNELL, AND ANNIYA LOUIS 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 13
Case 3:14-cv-03238-MMC Document 110 Filed 02/09/16 Page 19 of 19 1 2 3 4 5 I, Joshua M. David, am the ECF User whose identification and password are being used to file this Joint Stipulation and Case Status Report. In compliance with Local Rule 5-1(i)(3), I hereby attest that all signatories hereto concurred in and authorized this filing. By: /s/ Joshua M. David 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS (CASE NO.: 3:14-CV-3238-MMC) 14
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 1 of 58 1 2 3 4 5 6 7 8 9 10 11 12 13 ERIC B. KINGSLEY, Bar No. 185123 eric@kingsleykingsley.com LIANE KATZENSTEIN LY, Bar No. 259230 liane@kingsleykingsley.com KINGSLEY & KINGSLEY, APC 16133 Ventura Boulevard, Suite 1200 Encino, CA 91436 Telephone: (818) 990-8300 Facsimile: (818) 990-2903 JOSHUA M. DAVID (Admitted Pro Hac Vice) jdavid@davidkampfrank.com NICHOLAS A. NUNES (Admitted Pro Hac Vice) nanunes@davidkampfrank.com DAVID, KAMP & FRANK, L.L.C. 739 Thimble Shoals Boulevard, Suite 105 Newport News, VA 23606 Telephone: (757) 595-4500 Facsimile: (757) 595-6723 Attorneys for Plaintiffs NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O CONNELL, and ANNIYA LOUIS, on behalf of themselves and all others similarly situated 14 15 16 17 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 19 20 21 22 23 24 25 26 27 28 NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O CONNELL, and ANNIYA LOUIS on behalf of themselves and others similarly situated, v. Plaintiffs, PEAK CAMPUS MANAGEMENT, LLC, Defendant. Case No. 3:14-cv-3238-MMC DECLARATION OF JOSHUA M. DAVID IN SUPPORT OF PLAINTIFFS AND CLASS COUNSEL S NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS Date: April 29, 2016 Time: 9:00 a.m. Judge: Hon. Maxine M. Chesney Location: Courtroom 7 Complaint filed: July 17, 2014 Trial date: Not set DECLARATION OF JOSHUA M. DAVID (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 2 of 58 1 2 3 4 5 6 7 8 9 10 11 12 DECLARATION OF JOSHUA DAVID I, JOSHUA DAVID, declare: ATTORNEY COMPETENCE 1. I am an attorney and partner in the law firm David, Kamp & Frank, L.L.C., counsel of record for Plaintiffs Nicholas Selbe, Daniel Ghyczy, Makaela O Connell, and Anniya Louis, on behalf of themselves and others similarly situated, in the above referenced matter, Nicholas Selbe, et al. v. Peak Campus Management, LLC, Case No.: 3:14-CV-3238- MMC. I am admitted to practice before the Supreme Court of Virginia and all inferior courts, the United States District Court for the Eastern District of Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Court of Appeals for the Fifth Circuit. I was admitted pro hac vice before the United States District Court, Northern District of California by 13 Order dated August 22, 2014 (ECF No. 12). I have associated local co-counsel, namely 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Eric B. Kingsley, who is admitted before the United States District Court, Northern District of California and who maintains an office within the State of California. 2. This Declaration is made in support of Plaintiffs and Class Counsel s Motion for Award of Attorneys Fees, Litigations Costs, and Enhancement Awards. 3. I graduated from the University of Virginia with distinction in 1994 and from the University of Virginia School of Law in 1997. I have been engaged in the private practice of law since 1997. 4. From the outset of my practice of law, labor and employment law has been a specialty of my practice. I have prosecuted and defended numerous employment cases, including FLSA claims and FLSA collective actions. 5. I have served as lead counsel in four cases involving work-for-rent payment arrangements in student housing apartments. In addition to this action, those cases are Igel v. Campus Apartments, LLC, et al., E.D.Va. Civil No. 2:12-cv-642; Janneh, et al. v. Asset Campus Housing, Inc., et al., E.D.Va., Civil No. 2:15-CV-120-AWA-TEM; Guadalupe v. American 28 1 DECLARATION OF JOSHUA M. DAVID (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 3 of 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Campus Communities Services, Inc., et al., E.D.Va., Civil No. 2:15-cv-487. 6. I was primarily assisted in this case by my associate Nicholas A. Nunes. Mr. Nunes graduated from Virginia Tech with Honors in 2003 and the Florida State University College of Law in 2006. Mr. Nunes has been practicing law since 2006 and has practice with my firm since 2010 and has significant experience in employment law, including wage and hour matters. Mr. Nunes has worked closely with me on all of our work-for-rent student housing cases. 7. Alex W. West from my office also assisted me in this matter. Mr. West graduated from the University of Virginia in 2008 and the College of William & Mary School of Law in 2012. Mr. West s time has been charged to this file at the billing rate of $300 per hour. We were also significantly assisted by our paralegal for this matter, Brigitte D Andrea, who has worked with us on all of our work-for-rent student housing cases. ATTORNEYS FEE AWARD AND COSTS ADVANCED 8. At the hearing on Plaintiffs motion for preliminary approval, the Court asked me what justified an upward deviation from the Ninth Circuit s benchmark of 25%. I responded with three reasons. First, that an excellent settlement was achieved in this case. Taking account of the applicable statute of limitations, Class Members, after deductions for the attorneys fees, costs, and enhancement awards requested and the PAGA payment, will receive an amount that approximates 100% of the primary damages in the case, that is the failure to pay minimum wage for all hours worked on account of taking a credit for the provision of lodging. That is an excellent recovery given the various uncertainties in the case. Second, this case is the second of four similar cases my firm has filed in the student housing industry. I have discovered and been advised that as a result of my firm s efforts, companies in the industry are changing their pay practices to eliminate mandatory work-for-rent arrangements in favor of the payment of cash wages. The final justification I provided at the hearing was that the 30% fee sought was significantly less than the hourly Lodestar calculation. 9. The settlement will provide average net distributions to individual Class Members 2 DECLARATION OF JOSHUA M. DAVID (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 4 of 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the range of $2,500, a significant per Class Member recovery. In view of the potential recovery and the risks involved in continuing with litigation, Class Counsel obtained an outstanding settlement. 10. If the Plaintiffs were able to prevail on each and every issue in the case and collect the resulting judgment, Class Members, on average, might stand to recover approximately twice the amount that will result from this settlement. In order to achieve that result, Plaintiffs would first have to overcome Defendant s arguments that class and collective treatment is not appropriate. Defendant argued that the off the-clock aspect of the case was entirely unsuited for class treatment and that the primary aspect of the case also faced the risk of decertification based upon the potential complexity of the damages issues. If these issues could be overcome, Plaintiffs would then need to prevail on the issue of for whose primary benefit the lodging at issue was provided. Plaintiffs would then need to litigate with Defendant to determine what credit, if any, Defendant may be entitled to receive for the cost of the lodging provided. 11. In order to recover more, Plaintiffs would need to prevail on at least these issues: (1) the availability of liquidated damages; (2) the ability to show willfulness in order to extend the FLSA statute of limitations from two years to three years; and (3) the availability of the various California penalties, given the Defendant s arguments that the penalties were duplicative, punitive, and unconstitutional and the permissive nature of some or all of the penalties. Defendant hotly contested each of these issues. Finally, Plaintiffs ability to actually collect a large judgment, if obtained, also became an issue at the mediation. 12. I believe that Class Counsel showed great skill, thoroughness, and conscientiousness in investigating and developing the claims, liability theories, and estimated possible recoveries in this litigation, which involved a national class. My firm s experience in a prior, similar case was instrumental both to the origin and handling of this case. Class Counsel used its considerable skill and expertise to position the Class to achieve a highly favorable settlement. Thousands of pages of documents were thoroughly reviewed on a Class Member-by- Class Member basis to develop Plaintiffs damages theories and calculations. Class Counsel s experience and reputation assisted them in representing the Class vigorously and in bringing this 3 DECLARATION OF JOSHUA M. DAVID (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 5 of 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 case to an efficient conclusion with the substantial recovery for the Class. 13. This matter was handled on a contingent fee basis with Class Counsel advancing all of the costs of litigation. As of the date of this filing, Class Counsel has expended a total of 994.30 hours on this case in attorney time and paralegal time (804.8 of attorney time and 189.50 of paralegal time). At prevailing rates, this equates to $449,195.00 in fees. Class Counsel anticipates that they will continue to spend time on this matter throughout the settlement administration period. Class Counsel has advanced $23,223.43 for costs related to the litigation. 14. Attached to this declaration as Exhibit 1 is a true and correct copy of my firm s billing statement reflecting the time spent, fees charged, and costs expended in this matter through the present. All of the time spent and costs expended, as shown on said invoice, are accurate and bona fide and were necessary and reasonable for the proper prosecution of this matter. 15. Costs advanced include costs related to use-based subscription charges for legal research and, importantly for paid database searching performed in an effort to locate valid contact information for potential Class Members so that notice in this case would reach as many potential Class Members as possible. Costs also include filing fees, pro hac vice admission fees, travel expenses, expenses related to social media communication with potential Class Members, and mediation fees. 16. I estimate that additional costs of approximately $1,250 will be incurred in travel for the Final Approval Hearing and other miscellaneous expenses through the conclusion of this case. 17. The attorneys fees for my firm are broken down as follows: ATTORNEY/PARALEGAL HOURS HOURLY RATE TOTALS 25 26 27 28 Joshua M. David 320.00 $675.00 $216,000.00 4 DECLARATION OF JOSHUA M. DAVID (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 6 of 58 1 2 3 4 5 6 7 8 9 Nicholas A. Nunes Alex W. West Brigitte D Andrea (Paralegal) TOTAL FEES 368.20 $425.00 $156,485.00 63.00 $300.00 $18,900.00 189.50 $100.00 $18,950.00 940.70 $410,335.00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 18. The Named Plaintiffs in their engagement of Class Counsel and the FLSA opt-in Class Members, in the Consent to Join Collective Action form, consented to fees of up to 40% of any settlement fund or judgment. ENHANCEMENT AWARDS 19. In this case, Class Representatives are responsible for this case existing at all. This case raises a somewhat novel issue, such that it is unlikely that the claims of other Class Members would have been pursued if not for the Class Representatives bringing this action. By being willing to step forward and take the risks of being a named plaintiff, 200 other people have benefitted. The Class Representatives accepted ultimate responsibility for Plaintiffs costs as the ethical rules that govern Virginia Class Counsel require the client to bear the ultimate responsibility for costs. It is common knowledge that prospective employers are frequently performing Internet searches on job applicants. See, e.g., Job Applicant, Beware: You re Being Googled at http://career-advice.monster.com/job-search/getting-started/hr-googling-jobapplicants/article.aspx. An Internet search using any of the Class Representatives names, particularly together with the word lawsuit will bring up information on this case, allowing any prospective employer to learn that each Class Representative was at the forefront of a lawsuit against a former employer. This is a tremendous potential risk and burden for recent college graduates seeking their first permanent jobs. 28 5 DECLARATION OF JOSHUA M. DAVID (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 7 of 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20. All of the Class Representatives were engaged in the prosecution of this case and assisted Class Counsel whenever requested. A distinction is being made between the two Class Representatives who were available to participate in the preparation immediately before mediation and at the mediation itself and the two Class Representatives who were not. Although it was outside circumstances that made two of the Class Representatives unable to participate in mediation and not in any way an unwillingness to do so, the two Class Representatives who did participate in the mediation process were instrumental in securing the proposed settlement, and a differentiation in enhancement awards is warranted on that basis. Additionally, enhancements awards are warranted in this matter as to all of the Class Representatives as each agreed to a much broader release than class members. 21. The size of these proposed enhancement awards in no way undermines the adequacy of the Class Representatives representation of the class. Further, receipt of an enhancement award was not conditioned upon any Class Representatives support of the settlement as was the case in Radcliffe v. Experian Info. Solutions, 715 F.3d 1157 (9th Cir. 2013), nor was there any agreement in advance that tied the amount of the enhancement award to the size of the settlement as discussed with disapproval in Radcliffe. 17 18 19 20 21 22 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 9 th day of February, 2016 at Newport News, Virginia. /s/ Joshua M. David JOSHUA M. DAVID 23 24 25 26 27 28 6 DECLARATION OF JOSHUA M. DAVID (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 8 of 58 Exhibit 1
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 9 of 58 David, Kamp & Frank, L.L.C. 739 Thimble Shoals Boulevard Suite 105 Newport News, VA 23606 Ph:757-595-4500 Fax: 757-595-6723 Nicholas; Ghyczy, Daniel; O'Connell, Makaela; Lewis, Anniya Selbe Feb 08, 2016 RE: Peak Campus Management, LLC - FLSA Lawsuit File #: 14040 Inv #: 53802 DATE DESCRIPTION HOURS AMOUNT LAWYER Dec-03-13 Research regarding possible FLSA violations 2.80 1,190.00 NAN Dec-10-13 FLSA collective action investigation 2.90 1,232.50 NAN Feb-07-14 Phone conference with Daniel Ghyczy regarding Peak Campus and potential lawsuit 0.50 212.50 NAN Mar-03-14 Meeting with Nick Nunes regarding Peak Campus Management 0.50 337.50 JMD Mar-04-14 Researched Peak Campus Companies 0.30 202.50 JMD Mar-06-14 Telephone conference with Daniel Ghyczy; meeting with Nick Nunes 1.10 742.50 JMD Mar-10-14 Phone conference with Daniel Ghyczy regarding obtaining additional information on Peak Campus; Research and investigation regarding All Star program Telephone conference with Nick Selbe regarding Peak Campus Management 1.90 807.50 NAN 0.30 202.50 JMD Research and investigation regarding Peak Campus and All Star program 2.50 1,062.50 NAN 1
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 10 of 58 Mar-11-14 Meeting with Nick Nunes regarding Peak Campus Management 0.50 337.50 JMD Telephone call to and from Daniel Ghyczy 0.20 20.00 BLD Mar-17-14 Mar-24-14 Correspondence to/from Daniel Ghyczy regarding documents from Peak Email to Nick Selbe; meeting with Nick Nunes Meet with Mr. David and review documents from Peak Campus 0.20 85.00 NAN 0.90 607.50 JMD 0.30 127.50 NAN Mar-31-14 Apr-02-14 Apr-08-14 Apr-10-14 Reviewed Peak Campus Management employee handbook Researched potential California local counsel Continued researching potential local counsel; drafted emails to Peak Campus Management class members; reviewed email from potential class member; telephone conference with California attorney regarding potential California local counsel Researched California law regarding credit for lodging; telephone conference with California attorney regarding potential California counsel 0.20 135.00 JMD 0.60 405.00 JMD 1.80 1,215.00 JMD 2.40 1,620.00 JMD Research regarding Peak Campus portfolio 0.20 85.00 NAN Apr-11-14 Apr-14-14 Telephone conferences with potential California counsel; researched California attorneys; telephone conference with Eric Kingsley; researched Peak Campus Management Continued research on Peak Campus Management 2.80 1,890.00 JMD 0.90 607.50 JMD 2
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 11 of 58 Apr-21-14 Reviewed complaint filed by Eric Kingsley 0.30 202.50 JMD Apr-22-14 Apr-24-14 Apr-28-14 Apr-29-14 Apr-30-14 Telephone conference with Eric Kingsley regarding case initiation, retainer agreement, and related matters Reviewed forms from Eric Kingsley; meeting with Nick Nunes Reviewed and revised engagement letter, duties of class representatives, and fee sharing agreement; researched hybrid FLSA and state wage and hour law actions Telephone conference with Eric Kingsley; revised retainer agreement and related documents; drafted email to potential Class Representatives Finalized engagement paperwork; email to Class Representatives regarding same Research regarding multidistrict litigation; Conferences with Mr. David regarding multi-district litigation 0.60 405.00 JMD 0.60 405.00 JMD 1.60 1,080.00 JMD 1.80 1,215.00 JMD 1.50 1,012.50 JMD 1.50 637.50 NAN May-06-14 Researched hybrid actions 0.10 67.50 JMD May-07-14 Researched hybrid actions (0.8); telephone conference with Nick Selbe (0.2) 1.00 675.00 JMD May-13-14 Telephone conference with Daniel Ghyczy 0.30 202.50 JMD May-22-14 Drafted emails to prospective class representatives 0.10 67.50 JMD Jun-04-14 Jun-09-14 Telephone conference with Makaela O'Connell Email to potential class representative Makaela O'Connell 0.40 270.00 JMD 0.20 135.00 JMD 3
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 12 of 58 Jun-11-14 Continued drafting Complaint 0.40 270.00 JMD Jun-12-14 Continued drafting Complaint 3.80 2,565.00 JMD Jun-13-14 Continued drafting Complaint 0.80 540.00 JMD Jun-16-14 Continued drafting Complaint 0.50 337.50 JMD Jun-17-14 Continued drafting Complaint; telephone conference with Eric Kingsley Research and investigation regarding Peak Campus job advertisements 4.00 2,700.00 JMD 2.30 977.50 NAN Jun-18-14 Jun-19-14 Revised draft complaint (0.6); reviewed PAGA and drafted PAGA letter (1.6); telephone conference with Eric Kingsley regarding penalties subject to PAGA (0.2); began drafting questions for class representatives (1.4) Completed questions for class representatives and email regarding same (0.4) Review and analyze draft complaint; research and investigation regarding Peak Campus 3.80 2,565.00 JMD 0.40 270.00 JMD 2.40 1,020.00 NAN Jun-20-14 Reviewed and replied to emails from Nick Selbe (0.1); meeting with Nick Nunes (0.5) 0.60 405.00 JMD Review, analyze, and edit complaint; Discuss strategy for complaint with Mr. David 2.50 1,062.50 NAN Jun-23-14 Reviewed Class Representative questionnaires (0.3); revised Complaint (0.8); email to Class Representatives (0.1) 1.20 810.00 JMD Review updated Complaint 0.40 170.00 NAN Jun-24-14 Revised Complaint; (1.0) email to Class Representatives regarding same (0.1) 1.10 742.50 JMD 4
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 13 of 58 Jul-03-14 Travel to and from Northern Virginia; meeting with Eric Kingsley 9.50 6,412.50 JMD Jul-08-14 Finalized Complaint and email to Eric Kingsley regarding same 0.50 337.50 JMD Jul-15-14 Reviewed and replied to email from paralegal with formatted Complaint and questions regarding individual consents and Civil Cover Sheet (0.5) 0.50 337.50 JMD Jul-17-14 Reviewed certification of interested parties 0.10 67.50 JMD Jul-30-14 Email to clients advising of case status 0.20 135.00 JMD Receive and review correspondence from Josh David to class members regarding update 0.10 42.50 NAN Jul-31-14 Telephone conference with former All-Star 0.60 405.00 JMD Aug-07-14 Aug-08-14 Telephone conference with Eric Kingsley (0.2); telephone conference with Liane Ly (0.1); reviewed local rules (0.2) Completed application for admission pro hac vice (0.2) 0.50 337.50 JMD 0.20 135.00 JMD Aug-11-14 Receive and review memo from Mr. David regarding extension granted 0.10 42.50 NAN Aug-12-14 Aug-13-14 Research and investigation regarding educational presentations at national meetings of associations of which Peak Campus is a member regarding FLSA violations and willfulness; research regarding Magistrate Judge and opposing counsel; research regarding Peak Campus All-Star program as nationwide practice Reviewed standing orders, ADR rules, and local rules (0.7) 3.70 1,572.50 NAN 0.70 472.50 JMD 5
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 14 of 58 Aug-22-14 Aug-25-14 Aug-27-14 Completed admission pro hac vice; email with Eric Kingsley (0.5) Prepare form for Mr. Nunes pro hac vice admission into the Northern District of California; contact Virginia bar to request a statement of good standing Reviewed and replied to email requesting an extension of time (0.1) 0.50 337.50 JMD 0.60 60.00 BLD 0.10 67.50 JMD Research regarding Peak Campus nationwide practices 0.90 382.50 NAN Aug-29-14 Sep-02-14 Continued work on pro hac vice admission in Northern District of California Reviewed and replied to email from Class Representative Daniel Ghyczy; email to all Class Representatives E-mail exchange regarding Northern California ECF registration for Mr. Nunes 0.60 60.00 BLD 0.40 270.00 JMD 0.10 10.00 BLD Sep-03-14 Review file and prepare notes for discovery requests 1.20 510.00 NAN Sep-04-14 Reviewed Answer 0.40 270.00 JMD Sep-05-14 Email to Eric Kingsley regarding next steps (0.1); email to Class Representatives regarding Answer (0.3); began work on discovery and Joint Case Management Statement (1.2) Receive, review, and analyze Answer; develop strategy with Mr. David regarding key issues that need to be further developed; prepare notes for discovery requests; research and investigation regarding use of All-Star program at various sites 1.60 1,080.00 JMD 4.90 2,082.50 NAN Sep-08-14 File application for admission for 0.70 70.00 BLD 6
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 15 of 58 Mr. Nunes; set up and organization of file Sep-12-14 Sep-15-14 Began drafting Joint Case Management Statement (2.3); telephone conferences with Eric Kingsley (0.2); email to clients regarding ADR Handbook (0.1); drafted letter to counsel for Defendant regarding Rule 26(f) conference, 216(b) motion, and narrowing of the issues (0.4) Revised letter to counsel for the Defendant; email exchange with Eric Kingsley regarding same Review and comment on correspondence to opposing counsel regarding info before meeting 3.00 2,025.00 JMD 0.30 202.50 JMD 0.20 85.00 NAN Sep-30-14 Oct-01-14 Oct-06-14 Oct-09-14 Meeting with Nick Nunes on discovery (0.1); email to class representatives regarding ADR Handbook (0.1) Revised Joint Case Management Statement (0.7) Continued drafting Joint Case Management Statement (1.0) Continued drafting Joint Case Management Statement (1.4); emails to counsel regarding same and meeting of counsel (0.1); filed ADR certifications (0.3) 0.20 135.00 JMD 0.70 472.50 JMD 1.00 675.00 JMD 1.80 1,215.00 JMD Oct-10-14 Prepared for attorneys' conference (1.0) 1.00 675.00 JMD Oct-13-14 Oct-14-14 Prepared for early conference of counsel (0.3); conference with counsel (1.3); meeting with Nick Nunes (0.1) Phone conference with opposing counsel regarding report to court; research regarding methods of notice and court approval of electronic opt-in Research regarding court approval of electronic opt in FLSA cases 1.70 1,147.50 JMD 3.50 1,487.50 NAN 0.50 212.50 NAN 7
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 16 of 58 Oct-15-14 Drafted email update to Class Representatives (0.6); drafted email to defense counsel regarding proposal to transfer case (0.4); revised and finalized PAGA letter (0.4); began drafting discovery (1.3) Research regarding court approval of electronic signature in FLSA or class action cases 2.70 1,822.50 JMD 3.90 1,657.50 NAN Oct-16-14 Continued drafting discovery requests (0.2) 0.20 135.00 JMD Oct-17-14 Continued drafting discovery (1.8) 1.80 1,215.00 JMD Oct-21-14 Continued drafting discovery (0.8) 0.80 540.00 JMD Oct-22-14 Continued drafting discovery (0.8) 0.80 540.00 JMD Receive and review correspondence to/from clients regarding info on Peak 0.20 85.00 NAN Oct-23-14 Oct-24-14 Revised joint stipulation and telephone conference with Eric Kingsley regarding same and related matters (2.1); continued drafting discovery requests and meeting with Nick Nunes regarding same (3.1); telephone conference with Civil Case Docketing, Yumiko Saito, regarding rescheduling Initial Case Management Conference and email to counsel regarding same (0.3) Research regarding hybrid FLSA actions and certification of FLSA action; research regarding objection to venue and preserving motion to change venue at later date Completed draft of first set of discovery (0.8); began drafting initial disclosures (2.0); reviewed affidavit as to All-Stars in the Northern District (0.1) 5.50 3,712.50 JMD 3.10 1,317.50 NAN 2.90 1,957.50 JMD Research regarding Peak Campus history and operations 2.70 1,147.50 NAN 8
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 17 of 58 Oct-27-14 Review multiple correspondence regarding early meeting of counsel and discovery; research regarding All-Star program as nationwide practice Revised damages estimate for initial disclosures and email to Eric Kingsley regarding same; (0.2); drafted stipulation rescheduling initial case management conference and email to counsel regarding same (0.9); revised initial disclosures (0.2); finalized and prepared discovery requests for service (0.7) 0.90 382.50 NAN 2.00 1,350.00 JMD Oct-28-14 Oct-31-14 Telephone conference with calendar clerk (0.1); finalized stipulation and drafted proposed order (0.3); began drafting consent order certifying collective action (1.1) Continued drafting consent order certifying collective action (1.2) 1.50 1,012.50 JMD 1.20 810.00 JMD Nov-03-14 Nov-04-14 Continued drafting consent order certifying Collective Action (0.2); meeting with Nick Nunes regarding same (0.3); telephone conference with Arkansas attorney regarding potential Arkansas class action (0.3) Review and comment on proposed motion for conditional certification; multiple conferences with Mr. David regarding methods of notice Continued drafting order certifying Collective Action Group 0.80 540.00 JMD 1.50 637.50 NAN 0.40 270.00 JMD Review and edit Motion for Conditional Certification; draft Notice and Opt-in forms; research regarding electronic signatures recognized by Federal Courts; research regarding FLSA and whether original signatures are required; prepare electronic opt-in and client information forms; research regarding NDCA acceptance of electronic opt-in 5.30 2,252.50 NAN 9
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 18 of 58 Nov-05-14 Nov-06-14 Nov-14-14 Revised Consent Order, Notice, and Consent Form (1.0) Review and analyze opt-in forms; review and edit proposed order on certification Telephone conference with Arkansas attorney (0.2); reviewed email from Shannon Boyce regarding mediation and discovery and email to Eric Kingsley regarding same (0.1) Conference with Arkansas counsel regarding additional class action 1.00 675.00 JMD 1.10 467.50 NAN 0.30 202.50 JMD 0.20 85.00 NAN Nov-17-14 Nov-18-14 Telephone conference with Eric Kingsley regarding delaying discovery and related issues (0.7) Meeting with Nick Nunes regarding information needed for class certification and mediation (0.3) Conferences with Mr. David regarding information needed in informal discovery 0.70 472.50 JMD 0.30 202.50 JMD 0.30 127.50 NAN Nov-19-14 Meeting with Nick Nunes regarding issues to be addressed and initial case management conference (0.2) Meet with Mr. David regarding case management report 0.20 135.00 JMD 0.20 85.00 NAN Nov-21-14 Drafted letter to defense counsel regarding suspension of discovery and providing information informally 1.10 742.50 JMD Nov-25-14 Conference call with counsel (1.4); conference call with paralegal regarding notice methods (0.1); telephone conference with Eric Kingsley and meeting with Nick Nunes (0.9) 2.40 1,620.00 JMD Phone conference with opposing counsel regarding class certification and discovery 3.10 1,317.50 NAN 10
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 19 of 58 issues; phone conference with co-counsel regarding class certification and discovery issues; research regarding impact of arbitration agreement on FLSA class Nov-27-14 Dec-01-14 Reviewed Defendant's changes to joint report and revised further (0.8); emails to counsel regarding same and class notice procedures (0.3) Email to defense counsel regarding FLSA class certification and notice issues 1.10 742.50 JMD 0.10 67.50 JMD Dec-02-14 Dec-04-14 Travel to San Francisco for initial case management conference (15.5) Reviewed email from counsel for Peak and reviewed arbitration agreement (0.5); telephone conference with Eric Kingsley (0.4) Research regarding defeating arbitration agreements in FLSA collective actions 15.50 10,462.50 JMD 0.90 607.50 JMD 3.80 1,615.00 NAN Dec-05-14 Attended initial case management conference and meeting with counsel before and after (1.5); travel from San Francisco (9.5) Research regarding defeating arbitration agreements in FLSA collective actions 11.00 7,425.00 JMD 5.30 2,252.50 NAN Dec-08-14 Dec-09-14 Dec-10-14 Researched, at Mr. Nunes's request, right to a collective action and arbitration Research regarding arbitration agreements in FLSA collective actions Research regarding arbitration agreements in FLSA collective actions Email to Nick Selbe regarding arbitration agreement (0.1); meetings with Nick Nunes regarding arbitration issue (0.9); email to Shannon Boyce regarding second form of 2.50 750.00 AWW 6.40 2,720.00 NAN 6.80 2,890.00 NAN 1.10 742.50 JMD 11
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 20 of 58 arbitration agreement and date that the practice ceased (0.1) Dec-11-14 Dec-12-14 Research and investigation regarding Peak Campus formation and management of various properties over time Research and investigation regarding Peak Campus management of properties over time Began drafting amended complaint to allege PAGA claims (0.4) 4.80 2,040.00 NAN 3.90 1,657.50 NAN 0.40 270.00 JMD Dec-16-14 Meeting with Nick Nunes regarding arbitration agreement issue (0.7); drafted email to defense counsel regarding same (0.7) Research regarding arbitration/litigation of lease mandated by the position and impact on enforcement of arbitration clause; statistical analysis of opt-ins in previous FLSA case to determine best course of action regarding certification; meet with Mr. David to develop strategy and plan of action for certification 1.40 945.00 JMD 5.40 2,295.00 NAN Dec-19-14 Jan-02-15 Conference call with Liz Staggs Wilson and Shannon Boyce (0.8); meeting with Nick Nunes (0.2); conference call with Eric Kingsley (0.1); drafted email to defense counsel (0.2) Conference call with opposing counsel regarding notice and opt-in (0.8); meeting with Mr. David regarding strategy and positioning on notice and opt-in (0.2); conference call with Eric Kingsley (0.1); receive and review revisions to notice and opt-in form (0.1) Telephone call to Garden City Group (GCG); reviewed website for services offered and email information; sent email to GCG requesting a quote for required services 1.30 877.50 JMD 1.20 510.00 NAN 0.20 20.00 BLD 12
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 21 of 58 Jan-06-15 Jan-07-15 Jan-08-15 Begin draft of Motion for Class Certification and Brief in Support; research regarding local rules on motions and briefs; research regarding Motions on Class Certification granted by Judge Chesney Meeting with Nick Nunes regarding status of motion to certify collective action (0.2); telephone conference with Shannon Boyce regarding open issues an agreement for certification of collective action (0.2); began revising order regarding same (0.6) Research regarding standards for certification; research and investigation regarding job postings by Defendant to use in support of nationwide practice; continue draft of Motion to Certify and Brief in Support Continued revising consent order on conditional certification of collective action (0.8); drafted joint motion and stipulation (0.4); revised Notice and Opt-In Form (0.3); continued drafting First Amended Complaint (2.0) Receive and review Consent Order and Opt In Form 2.80 1,190.00 NAN 1.00 675.00 JMD 6.50 2,762.50 NAN 3.50 2,362.50 JMD 0.60 255.00 NAN Jan-09-15 Jan-12-15 Telephone conference with Shannon Boyce (.2); revised Joint Case Report (0.2); telephone conference with Arkansas attorney regarding Arkansas class action (0.5) Revised draft First Amended Complaint (0.2); meeting with Nick Nunes regarding same (0.3) 0.90 607.50 JMD 0.50 337.50 JMD Research regarding venue; research regarding NDCA local rules and impact on venue; research regarding amendments to 28 U.S.C. 1391; conference with Mr. David regarding venue 2.90 1,232.50 NAN 13
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 22 of 58 Jan-13-15 Drafted email update to class representatives (0.4); reviewed modifications to order made by Defendant and email to Shannon Boyce regarding same (0.4); telephone conference with Shannon Boyce (0.2); finalized and filed Stipulation with proposed order (0.7) Review and execute Joint Order regarding Conditional Certification of Collective Action 1.70 1,147.50 JMD 0.30 127.50 NAN Jan-14-15 Continued drafting First Amended Complaint (0.6) 0.60 405.00 JMD Jan-15-15 Finalized First Amended Complaint and drafting email to counsel for Defendant regarding same and information to be provided informally (1.0); call with Liz Staggs Wilson to Court to request change of date of status conference (0.1) Telephone call to court regarding procedure for conference call; organization of file in anticipation of conference call 1.10 742.50 JMD 1.00 100.00 BLD Jan-16-15 Conference with Judge Chesney (0.3); revised Order and Opt-In Form per Judge Chesney's instructions (0.6) 0.90 607.50 JMD Jan-21-15 Meeting with paralegal regarding collective action notice procedures (0.3) Draft information for website; continue work on on-line opt-in through RightSignature 0.30 202.50 JMD 2.70 1,147.50 NAN Office conference with Mr. David; email to Garden City Group (GCG) providing copy of approved Order, and requesting telephone contact after review; received request for Stipulation; telephone conversation with Mark Patton of GCG 0.60 60.00 BLD Jan-22-15 Reviewed entered Order certifying FLSA collective action (0.1); responded to email from class member and provided Notice and 0.60 405.00 JMD 14
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 23 of 58 Opt-In Form (0.1); reviewed and revised material to go on David, Kamp & Frank, L.L.C. website regarding lawsuit including links required by Order (0.3); reviewed and replied to email from Shannon Boyce regarding administrator (0.1) Edit and update information for website and opt-in form; correspondence to class member regarding opt-in form Conference with Mr. David regarding entered Order; provide same to GCG, along with forms for Notice and Opt-In; email exchange with GCG; revisions to Notice; further revisions to Notice and email exchange with GCG; work on setting up Access database for new case 1.30 552.50 NAN 1.40 140.00 BLD Jan-26-15 Jan-27-15 Telephone conferences with computer consultant regarding All-Star email web address and problems encountered; confirm with class members receipt of Consents to Join; telephone conversation with class member due to bounced email, corrected and re-sent; telephone call from class member regarding tax documents Email to Shannon Boyce regarding Amended Complaint (0.1); drafted Notice of Filing of Consents to Join Collective Action (0.8); filed consents (0.2) Finalize information for website; compile documents and links for website 0.70 70.00 BLD 1.10 742.50 JMD 1.80 765.00 NAN Set up contact information in Outlook for future use in mailing and emailing documents; e-mail exchange with Mr. Patton of Garden City Group 0.40 40.00 BLD Jan-28-15 Conference with Mr. David regarding drafting Motion for Leave to Amend and Memorandum in Support; began draft of Motion and proposed Order 1.30 390.00 AWW 15
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 24 of 58 Jan-29-15 Meeting with paralegal regarding Garden City Group procedures (0.2); email to Garden City Group Associate General Counsel (0.1) Receive and review terms and conditions with Garden City Group 0.30 202.50 JMD 0.30 127.50 NAN Refined draft of Motion for Leave to Amend 0.90 270.00 AWW Feb-02-15 Feb-04-15 Feb-05-15 Email and telephone exchange with Mark Patton of GCG; office conference with Mr. David Reviewed and replied to emails regarding Notice to be sent by Garden City Group (0.2) Drafted Stipulations and accompanying Order pursuant to the Defendant's agreement to allow an amended complaint Revised stipulation and proposed order allowing filing of Amended Complaint (0.4); reviewed and filed consent forms (0.5) Receive and review multiple opt-in forms; receive and review failed contact list 0.30 30.00 BLD 0.20 135.00 JMD 0.30 90.00 AWW 0.90 607.50 JMD 0.20 85.00 NAN Correspondence from/to potential opt-in Plaintiffs 0.40 170.00 NAN Feb-06-15 Researched state wage and hour law for optin states (0.3); reviewed and filed consents (0.6) 0.90 607.50 JMD Feb-07-15 Phone conferences with potential opt-in Plaintiffs regarding questions about opting in; correspondence from/to potential opt-in Plaintiffs regarding questions about opting in Research social media sites to locate contact information for class members whose emails have bounced 1.60 680.00 NAN 1.50 150.00 BLD 16
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 25 of 58 Feb-08-15 Feb-09-15 Feb-10-15 Research social media sites to locate contact information for class members whose emails have bounced Email to Shannon Boyce regarding open issues (0.1); meeting with Nick Nunes regarding hybrid action (0.2); updated damages estimate (0.4); filed consents (0.2) Conference with Mr. Nunes regarding assertion of a state class action cause of action with an FLSA claim in federal court Prepare and send confirmation emails to all who joined between 2-5-15 and 2-9-15; continue research on social media for contact information; email to GCG Reviewed spreadsheet of email bounces with addresses added and drafted reply email regarding stipulation for Amended Complaint (0.1); finalized and filed Joint Stipulation to Permit Plaintiffs to File an Amended Complaint (0.4); filed consents (0.1) Research regarding assertion of a state class action cause of action with an FLSA claim in federal court Receive bounce information from GCG; receive location information from opposing counsel on bounce emails and incorporate into social media contact spreadsheet; continue research on social media for contact information; receive Consents to Join 1.50 150.00 BLD 0.90 607.50 JMD 0.10 30.00 AWW 2.50 250.00 BLD 0.60 405.00 JMD 2.20 660.00 AWW 0.90 90.00 BLD Feb-11-15 Updated damages spreadsheet (0.2); filed consents (0.2) Phone conference with potential opt-in plaintiff; correspondence to potential opt-in plaintiff regarding opt in form 0.40 270.00 JMD 0.60 255.00 NAN 17
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 26 of 58 Feb-12-15 Receive, scan, save and confirm receipt by email of Consent to Join; search, locate and send notices via Google+ Telephone conference with potential witness (0.2); telephone conference with class member (0.2); filed consents (0.1) Receive, scan, save and confirm receipt by email of Consents to Join; prepare Notice of filing Consents to Join 2.40 240.00 BLD 0.50 337.50 JMD 0.60 60.00 BLD Feb-13-15 Filed consents (0.1) 0.10 67.50 JMD Feb-15-15 Feb-16-15 Feb-17-15 Feb-18-15 Receive, scan, save and confirm receipt by email of Consents to Join; update spreadsheet of contact Receive Consents to Join; add to spreadsheet; email confirmations Telephone conference with class member (0.2); update to class representatives (0.3); reviewed research on privilege issues (0.2) Research regarding privilege issue; phone conferences with potential opt-in plaintiffs; correspondence to potential opt-in plaintiff regarding opt in form Receive, scan, save and confirm receipt by email of Consents to Join; update spreadsheet of contact Reviewed and replied to email from potential class member (0.1); filed consents and updated spreadsheet (0.1) Receive, scan, save and confirm receipt by email of Consents to Join; update spreadsheet of contact Telephone conference with class member (0.4); reviewed and filed consents and updated spreadsheet (0.3) 0.40 40.00 BLD 0.40 40.00 BLD 0.70 472.50 JMD 5.30 2,252.50 NAN 0.40 40.00 BLD 0.20 135.00 JMD 0.40 40.00 BLD 0.70 472.50 JMD 18
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 27 of 58 Feb-19-15 Receive, scan, save and confirm receipt by email of Consents to Join; prepare Notice of Filing; add information to wages spreadsheet; update contact information spreadsheet; email each individual for which a Consent to Join was received; received list of 129 returned notices from GCG, incorporate into spreadsheet for social media contact; telephone conference with Stephen Donaldson of GCG to confirm receipt of SSNs and skip-tracing; telephone call to class member to clarify information given Phone conferences with potential opt-in plaintiffs Receive, scan, save and confirm receipt by email of Consents to Join; telephone class member regarding date discrepancy on form submitted; prepare Notice of Filing; update spreadsheet of contacts; add information to wages spreadsheet; email each individual for which Consent to Join was received; received list of additional returned notices from GCG, incorporate into spreadsheet for social media contact; perform searches on social media 3.10 310.00 BLD 0.70 297.50 NAN 2.20 220.00 BLD Feb-20-15 Filed Amended Complaint (0.2); filed consents (0.1) Receive, scan, save and confirm receipt by email of Consents to Join; prepare amended Notice of Filing; update spreadsheet of contacts; add information to spreadsheet; email each individual for which Consent to Join was received; receive undeliverable list from GCG and update spreadsheet; receive location report from Mr. David and update spreadsheet; research cities of apartment locations 0.30 202.50 JMD 2.10 210.00 BLD Feb-21-15 Research social media sites to contact potential class members 1.50 150.00 BLD 19
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 28 of 58 Feb-22-15 Continue searching for potential class members via social media sites 2.00 200.00 BLD Feb-23-15 Filed consents (0.1) 0.10 67.50 JMD Conference with Mr. David regarding research of state wage and hour laws in the states in which plaintiffs have opted in; research regarding same Continue searching for potential class members via social media sites; receive information from opposing counsel and update spreadsheet; search social media sites based on new information received; receive notice of returns from GCG, updated spreadsheet; receive Consents to Join; email confirmations to each; enter information into lost wages spreadsheet; prepare Notice of Filing 3.90 1,170.00 AWW 1.90 190.00 BLD Feb-24-15 Reviewed and filed consents (0.2) 0.20 135.00 JMD Further research on other states' laws regarding minimum wage and lodging credits and state causes of action Continue searching for potential class members via social media sites; received list of 180 undeliverables and incorporated into social media research spreadsheet; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; run Accurint searches on undeliverables for social media information; telephone conversation with class member and email to Mr. David and Mr. Nunes requesting a call to him 4.80 1,440.00 AWW 8.20 820.00 BLD Feb-25-15 Reviewed and filed Consent Forms (0.2) 0.20 135.00 JMD Phone conferences with potential plaintiffs 1.30 552.50 NAN 20
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 29 of 58 Continued researching state and municipal minimum wage laws 2.20 660.00 AWW Feb-26-15 Continue searching for potential class members via social media sites; received list of un-deliverables and incorporated into social media research spreadsheet; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; run Accurint searches on undeliverables for social media information; populate spreadsheet with Accurint information Continue searching for potential class members via social media sites 5.10 510.00 BLD 3.50 350.00 BLD Feb-27-15 Reviewed and filed consents (0.1) 0.10 67.50 JMD Continue searching for potential class members via social media sites; received list of undeliverables and incorporated into social media research spreadsheet; receive Consents to Join; email confirmations via email of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; run Accurint searches on un-deliverables for social media information; populate spreadsheet with Accurint information 5.90 590.00 BLD Mar-02-15 Reviewed and filed consents (0.2); email to Shannon Boyce regarding production of documents and other information (0.1) Phone conferences with potential opt-in plaintiffs 0.30 202.50 JMD 0.60 255.00 NAN Continue searching for potential class members via social media sites; received list of undeliverables and incorporated into social media research spreadsheet; receive Consents to Join; email confirmations via email of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; run Accurint searches on un-deliverables for social media information; populate 3.70 370.00 BLD 21
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 30 of 58 spreadsheet with Accurint information; received and returned call to class member; update contact information for; telephone and email class member regarding error on Consent; email to class member regarding duplicate submission Mar-03-15 Mar-04-15 Mar-05-15 Phone conferences with potential opt-in plaintiffs Conference with Mr. David regarding state law research Continue searching for potential class members via social media sites; receive list of new undeliverables from GCG and incorporate same into spreadsheet; received notification of campus location on prior undeliverables from opposing counsel and incorporate same into spreadsheet; telephone conversation with class member; email communication with class member; office conference with Mr. David Meeting with paralegal regarding social media contact progress (0.2); reviewed weekly report from Garden City Group and drafted email requesting clarification (0.1); reviewed and filed consents (0.2) Continue searching for potential class members via social media sites; receive list of new undeliverables from GCG and incorporate same into spreadsheet; office conference with Mr. David ; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; telephone call from class member regarding retaliation fear Telephone conference with potential opt-in plaintiff (0.2); reviewed and filed consent forms (0.2) 1.30 552.50 NAN 0.20 60.00 AWW 8.10 810.00 BLD 0.50 337.50 JMD 7.20 720.00 BLD 0.40 270.00 JMD Continue searching for potential class members via social media sites; receive list 7.50 750.00 BLD 22
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 31 of 58 of new undeliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; Facebook message exchange with class member; telephone call from class member; Facebook message exchange with class member Mar-06-15 Reviewed and filed consents (0.2) 0.20 135.00 JMD Continue searching for potential class members via social media sites; receive list of new un-deliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; Facebook message exchange with class member; telephone conversations with class members 4.50 450.00 BLD Mar-08-15 Continue searching for potential class members via social media sites 1.50 150.00 BLD Mar-09-15 Reviewed and filed consents (0.2) 0.20 135.00 JMD Phone conference with potential opt-in plaintiff Continue searching for potential class members via social media sites; receive list of new undeliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; office conference with Mr. David and Monica Herrera regarding social media searching 0.70 297.50 NAN 2.10 210.00 BLD Mar-10-15 Reviewed and filed consents (0.2) 0.20 135.00 JMD 23
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 32 of 58 Receive list of new undeliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing 3.40 340.00 BLD Mar-11-15 Reviewed and filed consent forms 0.20 135.00 JMD Mar-12-15 Receive list of new undeliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; answer questions from Monica Herrera; receive and return calls to class members Receive list of new undeliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmations of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; prepare form for time record for Monica Herrera; print Facebook receipts received this week for messages sent; Facebook communications; telephone call from prospective class member and remove from contact list; telephone call from class member; revision to list; edit list with regarding to those contacted by Facebook 2.30 230.00 BLD 5.00 500.00 BLD Mar-13-15 Reviewed and filed consent forms (0.2); 0.20 135.00 JMD Mar-16-15 Receive list of new undeliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; meet with Monica Herrera Drafted reminder notice and email regarding same (0.6); reviewed and filed consent forms (0.2) 1.20 120.00 BLD 0.80 540.00 JMD Receive list of new undeliverables from GCG and incorporate same into spreadsheet; 4.50 450.00 BLD 24
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 33 of 58 receive Consents to Join email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; meet with Monica Herrera; print off Facebook receipts and update spreadsheet with same; prepare Do Not Remind list for Mr. David; run Accurint search on individuals still difficult to locate Mar-17-15 Reviewed and filed consent forms (0.2); responded to email from potential opt-in (0.3) Receive list of new undeliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; meet with Monica Herrera; print off Facebook receipts and update spreadsheet with same; run Accurint search on individuals still difficult to locate; telephone conversation with class member; Facebook communication 0.50 337.50 JMD 2.30 230.00 BLD Mar-18-15 Reviewed and filed consent forms (0.2) 0.20 135.00 JMD Receive list of new undeliverables from GCG and incorporate same into spreadsheet; receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; print off Facebook receipts and update spreadsheet with same 1.30 130.00 BLD Mar-19-15 Reviewed and file consent forms (0.2) 0.20 135.00 JMD Receive and review correspondence to/from opposing and co-counsel regarding discovery and mediation; research regarding sample size in class/collective actions 1.30 552.50 NAN Receive notification of campus location on prior undeliverables from opposing counsel and incorporate same into spreadsheet; receive Consents to Join; email confirmation of receipt; enter information into lost wages 0.80 80.00 BLD 25
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 34 of 58 spreadsheet; prepare Notice of Filing Mar-20-15 Researched prior communication regarding informal discovery, examined Defendant's proposal, and drafted reply email (1.2); emails to Garden City Group regarding reminder notice (0.1); reviewed Answer to Amended Complaint (0.2) Receive and review correspondence to opposing counsel Receive notification of campus location on prior undeliverables from opposing counsel and incorporate same into spreadsheet; receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; research for unidentified social media IDs 1.50 1,012.50 JMD 0.10 42.50 NAN 2.10 210.00 BLD Mar-23-15 Reviewed and filed consent forms (0.3) 0.30 202.50 JMD Mar-24-15 Mar-25-15 Receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; revisions to Notice of Filing; research for unidentified social media IDs; print Facebook receipts; update spreadsheet with new information; telephone conversation with class members Reviewed and replied to email from Class Member (0.2); reviewed and filed consent forms (0.2) Receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing Receive notification of campus location on prior un-deliverables from opposing counsel and incorporate same into spreadsheet; receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; receive phone call from class member; receive Facebook message from class member 3.80 380.00 BLD 0.40 270.00 JMD 1.80 180.00 BLD 2.10 210.00 BLD 26
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 35 of 58 Mar-26-15 Mar-27-15 Mar-30-15 Receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; telephone call from class member and emailed notice at his request Receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; Facebook communication with class members Telephone conference with Shannon Boyce regarding unidentified class members, notice to current employees, unknown names on "do not remind list" and document and information production (0.5); meeting with Nick Nunes regarding same (0.2); researched unknown names and follow-up email to Shannon Boyce (0.3) Conference with Mr. David regarding missing class members and discovery 1.70 170.00 BLD 1.20 120.00 BLD 1.00 675.00 JMD 0.40 170.00 NAN Mar-31-15 Apr-01-15 Apr-02-15 Receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; email communications with Mr. David and class member regarding confirmation of Consent receipt Receive notification of campus location on prior undeliverables from opposing counsel and incorporate same into spreadsheet Receive and respond to emails from class member; receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; conference with Monica Herrera regarding Instagram; print Facebook receipts Receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice 1.40 140.00 BLD 0.30 30.00 BLD 1.90 190.00 BLD 1.20 120.00 BLD 27
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 36 of 58 of Filing Apr-03-15 Receive notification of campus location on prior undeliverables from opposing counsel and incorporate same into spreadsheet; receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; Facebook message exchanges with class members; make change to Consent of class member per information provided; Facebook message to class member regarding missing information 1.90 190.00 BLD Apr-06-15 Reviewed consents to be filed (0.1) 0.10 67.50 JMD Receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; telephone call from class member 0.90 90.00 BLD Apr-07-15 Apr-08-15 Apr-09-15 Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; receive spreadsheet of undeliverables from third-party administrator and incorporate into database; prepare Notice of Filing Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; receive report of deliveries from third-party administrator; prepare Notice of Filing; telephone call from class member Email to Shannon Boyce regarding open issues (0.3) Conference with Mr. David regarding FLSA hybrid cases in Northern District of California; research regarding same Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing 1.50 150.00 BLD 0.70 70.00 BLD 0.30 202.50 JMD 2.30 690.00 AWW 0.90 90.00 BLD 28
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 37 of 58 Apr-10-15 Apr-13-15 Apr-14-15 Meeting with Alex West regarding additional state law class action counts (0.2); researched additional state law class action counts (0.2); revised stipulation and proposed order on missing class members (0.5) Conference with Mr. David regarding Rule 23 state law claims Receive Consents to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; receive email from class member; revision to database dates; email to Mr. David Research regarding individual state class actions Researched state law claims in North Carolina, Kentucky, and other states Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; receive notice of undeliverables from third party administrator; Facebook messages exchanged; research form received from class member; conference with Mr. David 0.90 607.50 JMD 3.40 1,020.00 AWW 1.50 150.00 BLD 0.90 382.50 NAN 0.90 270.00 AWW 2.40 240.00 BLD Apr-15-15 Apr-16-15 Conference with Mr. Nunes regarding Kentucky law class actions Prepare letter to suspected fraudulent opt-in non-employment; receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; Facebook searches; respond to Facebook messages Revised letter to suspected fraudulent opt-in (0.1) Receive Consent to Join; email confirmation of receipt; enter information into lost wages 0.20 60.00 AWW 5.40 540.00 BLD 0.10 67.50 JMD 1.10 110.00 BLD 29
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 38 of 58 spreadsheet; prepare Notice of Filing file consent; respond to Facebook messages from class member; respond to email from class member Apr-17-15 Research regarding individual state class actions 2.30 977.50 NAN Researched viability of states' causes of actions for potential class action counts 0.60 180.00 AWW Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; respond to Facebook messages from class member 2.90 290.00 BLD Apr-19-15 Update spreadsheet with work done by Monica Herrera; Facebook messages 1.30 130.00 BLD Apr-20-15 Apr-21-15 Apr-22-15 Researched additional states' (Minnesota, Nevada) laws on payment of minimum wages Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; respond to Facebook messages Conference with Mr. Nunes regarding the state research broadly and the next steps after the research Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; Facebook messages Research and analysis regarding individual state class actions Researched state causes of actions for Arizona, Missouri, Maryland, Maine, New Hampshire, New York, Louisiana, Wisconsin, and Florida; cross-referenced 1.40 420.00 AWW 1.20 120.00 BLD 0.10 30.00 AWW 0.60 60.00 BLD 0.80 340.00 NAN 4.20 1,260.00 AWW 30
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 39 of 58 state research data with information on each property and when managed by Peak Campus Receive duplicate Consent to Join from class member 0.10 10.00 BLD Apr-23-15 Apr-24-15 Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing; telephone call from class member Research and analysis regarding class actions for individual states 1.70 170.00 BLD 0.60 255.00 NAN Facebook messages 0.20 20.00 BLD Apr-27-15 Reviewed and replied to emails from Daniel Ghyczy (0.3) Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing telephone call from class member 0.30 202.50 JMD 1.40 140.00 BLD Apr-28-15 Apr-29-15 Receive Consent to Join; email confirmation of receipt; enter information into lost wages spreadsheet; prepare Notice of Filing Telephone conference with Eric Kingsley regarding the potential of additional state law class action counts (0.2); meeting with Nick Nunes regarding same (0.5) Research and investigation regarding individual states and numerosity 1.30 130.00 BLD 0.70 472.50 JMD 1.90 807.50 NAN Apr-30-15 Research regarding numerosity standards; research regarding Florida state minimum wage actions Telephone conference with Eric Kingsley (0.3) 1.20 510.00 NAN 0.30 202.50 JMD 31
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 40 of 58 May-04-15 May-05-15 Research and investigation regarding properties managed in states with favorable state wage acts and likelihood of sufficient number of class members Received list of undeliverables and incorporated into social media research spreadsheet; receive duplicate Consent to Join; send Facebook messages to new undeliverables; email information to Monica Herrera; conference with Mr. David Meeting with paralegal regarding eight class members with delayed opt-in date, nonreceipt of property information for class members identified by GCG as having had a delivery failure, and related matters (0.2); reviewed consent forms (0.1) Received Consent to Join; Facebook messages; email confirmation of receipt of Consents to Join; enter information into lost wages spreadsheet; prepare Notice of Filing review email from opposing counsel and compose response to Mr. Nunes and Mr. David; conference with Mr. David 0.50 212.50 NAN 1.90 190.00 BLD 0.30 202.50 JMD 2.30 230.00 BLD May-06-15 May-07-15 Drafted emails to counsel for Defendant regarding delinquent property information for potential opt-ins and information to be provided pursuant to informal discovery (0.2) Received Consent to Join; email confirmation of receipt of Consents to Join; enter information into lost wages spreadsheet; prepare Notice of Filing; communications with Monica Herrera coordinating deadline search; assist in searching on Facebook and Google+ for uncontacted individuals Receive and respond to email from class members; meet with Monica Herrera regarding database task and contact of late notice individuals; receive Consent to Join; email confirmation; update various 0.20 135.00 JMD 4.70 470.00 BLD 1.10 110.00 BLD 32
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 41 of 58 spreadsheets; prepare Notice of Filing of Consent to Join Collective Action May-08-15 Revised Notice of Filing of Consent Form to account for Omitted Class Members (0.2); reviewed and revised Joint Case Management Report (0.4) 0.60 405.00 JMD May-15-15 Attended telephonic status conference (0.2); drafted status update to Class Representatives (0.2) 0.40 270.00 JMD May-18-15 May-19-15 Receive and review first set of document production Drafted stipulation and proposed order on Class Members for whom property information was not timely provided (0.9); email to defense counsel regarding same (0.1); email to Liz Staggs Wilson regarding telephone contact issues (0.1); meeting with Nick Nunes regarding document production received (0.3) Review and analyze first set of document production 2.80 1,190.00 NAN 1.40 945.00 JMD 5.90 2,507.50 NAN May-20-15 May-21-15 Drafted Notice of Filing of Consent to Join Collective Action form for Consent received late Review and analyze first set of document production; create spreadsheets to estimate and calculate damages; calculate base wage damages for select class members Analyze documents and estimate damages for specific Plaintiffs 0.20 135.00 JMD 6.70 2,847.50 NAN 5.20 2,210.00 NAN May-22-15 Reviewed and replied to email from Fatemeh Mashouf regarding Class Members for whom property information was not timely provided (0.2) 0.20 135.00 JMD May-26-15 Review and analyze documents provided in 2.70 1,147.50 NAN 33
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 42 of 58 discovery and continue damages calculations; prepare tracking sheet regarding issues to raise in discovery and marking key documents Respond to email from class member regarding status of case; telephone call from class member regarding status 0.40 40.00 BLD May-27-15 May-28-15 Review documents provided by defendants and calculate individual damages; investigation regarding dates of employment for All-Stars Drafted email to Class Member who provided Consent Form past the filing deadline (0.1) 4.80 2,040.00 NAN 0.10 67.50 JMD May-29-15 Jun-02-15 Jun-03-15 Jun-04-15 Receive Consent to Join; prepare Notice of Filing of Consent; update spreadsheets; email confirmation of receipt of Consent to Join; notify counsel of additional opt-in plaintiff; office conference with Mr. Nunes; receive and respond to email from class members Drafted email to defense counsel on open issues (0.2); drafted email to Mr. Dickstein, mediator (0.1); reviewed and replied to email from defense counsel (0.2) Review produced documents and develop sheet and methods for damages calculations Receive and review correspondence from opposing counsel regarding alleged improper contact; research Conference call with mediator (1.2); dealt with improper contact allegations (0.4); meeting with Nick Nunes (0.3); telephone conference with Eric Kingsley (0.4) Meet with Mr. David regarding improper contact allegations and approach to handling same to avoid impact on class members; 1.10 110.00 BLD 0.50 337.50 JMD 3.50 1,487.50 NAN 0.80 340.00 NAN 2.30 1,552.50 JMD 1.80 765.00 NAN 34
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 43 of 58 review documents provided by mediator Jun-05-15 Continued to investigate alleged improper contact (1.7); began drafting status report to Court (0.1) Meet with Mr. David and Ms. D'Andrea regarding investigating improper contact allegations; continued research regarding impact of improper contact on class counsel and on class members and appropriate methods of addressing same 1.80 1,215.00 JMD 2.10 892.50 NAN Jun-08-15 Continued drafting status report to Court 4.40 2,970.00 JMD Jun-09-15 Continued working on submission to Court on alleged improper contact (2.0) 2.00 1,350.00 JMD Jun-10-15 Review and provide input/edits on status report to Court based on case law related to improper contact Completed submission to the Court on social media contact (2.6) Review and edit status report with Mr. David 0.50 212.50 NAN 2.60 1,755.00 JMD 0.50 212.50 NAN Jun-11-15 Worked on preservation of social media messages (0.4); email with Dan Ghyczy (0.2) 0.60 405.00 JMD Jun-17-15 Reviewed informal discovery responses (0.3) Receive, review, and analyze informal discovery responses provided by Defendant; compare responses to positions taken in Answer; review documents provided in discovery to analyze impact of additional information 0.30 202.50 JMD 0.90 382.50 NAN Jun-22-15 Meeting with Nick Nunes regarding production of documents from Defendant and missing items (0.1) 0.10 67.50 JMD 35
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 44 of 58 Jun-29-15 Jun-30-15 Review documents received in discovery to determine what has been provided and what is still missing Review discovery documents with Mr. West regarding calculating damages; review and analyze payroll and time records Conference with Mr. Nunes regarding damages calculations Reviewed documents and information requested versus received and additional information needed (0.4) 2.90 1,232.50 NAN 2.50 1,062.50 NAN 0.70 210.00 AWW 0.40 270.00 JMD Continued review of discovery documents 0.80 340.00 NAN Jul-01-15 Jul-02-15 Detailed meeting with Nick Nunes regarding status of documents received (1.3); drafted email to defense counsel regarding same (1.2); telephone conference with Fatemeh Mashouf regarding document production issues (0.5) Review produced documents to compile tracking sheet to determine missing documents; calculate individual damages Meetings with Nick Nunes regarding document production and damages calculation (1.0) Review and analyze second and third rounds of document production from Peak and run optical character recognition; calculate individual damages due 3.00 2,025.00 JMD 6.80 2,890.00 NAN 1.00 675.00 JMD 4.80 2,040.00 NAN Jul-06-15 Drafted emails to counsel for the defendant regarding records produced and persons to whom objection is being made (0.1); revised update to all Collective Action Group members (0.3); meeting with Nick Nunes (0.2); drafted emails to Collective Action Group members to whom defendant is objecting (0.2) 0.80 540.00 JMD 36
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 45 of 58 Review correspondence to arbitration class members and class member that filed late 0.20 85.00 NAN Jul-09-15 Jul-10-15 Prepare survey on off the clock hours; correspondence with Class members regarding survey responses; correspondence with opposing counsel regarding phone conference; calculate individual damages; prepare notes for Mediation Statement Prepare questionnaire; prepare test email; send mass email out; research rejected email addresses; telephone call to class members Calculate individual damages and prepare notes for Mediation Statement Review survey results; prepare link and email to Mr. David and Mr. Nunes for access to review results; receive updated email from class member; re-send two emails to class member; update spreadsheet; send various survey follow-up emails at request of Mr. Nunes 6.90 2,932.50 NAN 2.60 260.00 BLD 5.10 2,167.50 NAN 1.00 100.00 BLD Jul-13-15 Meeting with Nick Nunes regarding damages calculation (0.2) 0.20 135.00 JMD Continue calculating individual damages 1.30 552.50 NAN Receive and review correspondence from opposing counsel regarding record production Phone conference with opposing counsel; review and analyze documents in light of information provided by opposing counsel on calculations; update calculations based on survey responses and prepare notes for mediation statement based on survey responses 0.10 42.50 NAN 1.50 637.50 NAN Conference with Mr. Nunes regarding 3.80 1,140.00 AWW 37
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 46 of 58 calculating damages based off Peak Campus discovery production documents; reviewed and entered data in spreadsheet in calculating damages Jul-14-15 Email to class member regarding needed estimate Meeting with Nick Nunes on mediation preparation (0.3) Draft correspondence to opposing counsel regarding opt in documents, missing records, arbitration agreements, and late opt-ins; draft mediation statement 0.10 10.00 BLD 0.30 202.50 JMD 1.50 637.50 NAN Worked on damages calculation 5.30 1,590.00 AWW Jul-15-15 Preparation of follow-up email via SurveyMonkey and review possible Facebook notice to opt-ins Draft Mediation Statement; compile documents for client review; phone conference with Class Representative regarding upcoming mediation and time worked; calculate individual damages; update damage calculations based on survey responses 0.70 70.00 BLD 8.10 3,442.50 NAN Worked on damages calculation 3.60 1,080.00 AWW Check off respondees on list to determine who has not responded; send email to class member; setup direct SurveyMonkey email and send to remaining 101 opt-in plaintiffs 2.10 210.00 BLD Jul-16-15 Meeting with Nick Nunes on damages calculation and mediation statement (0.4) Calculate individual damages; update damages calculations based on survey responses; draft Mediation Statement 0.40 270.00 JMD 7.80 3,315.00 NAN Worked on damages calculation 3.80 1,140.00 AWW 38
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 47 of 58 Receive responses from SurveyMonkey and indicate same as received on spreadsheet; telephone call from class member; send emails to class members regarding off the clock time; update from Survey Monkey; send various messages with Survey Monkey link via Facebook 3.40 340.00 BLD Jul-17-15 Meeting with Nick Nunes on damage issues (0.5); telephone conference with Liz Staggs Wilson (0.1) Research regarding on-call time under FLSA and California law; research regarding California damages and penalties; calculate individual damages and update calculations based on updated survey responses; phone conference with opposing counsel regarding upcoming mediation; draft Mediation Statement 0.60 405.00 JMD 6.50 2,762.50 NAN Jul-19-15 Jul-20-15 Worked on damages calculation; researched "on-call" time Continue sending messages via Facebook; search for and print timecards of opt-in plaintiffs Update spreadsheet with SurveyMonkey response dates Meetings with Nick Nunes to prepare for mediation (1.1); telephone conference with Eric Kingsley regarding issues related to mediation (0.6); began computing California penalty damages (0.7) Calculate individual damages; draft Mediation Statement; review survey responses and incorporate into mediation statement and damages calculations; research regarding Peak Campus's involvement in FLSA actions; research regarding 29 C.F.R. 531 3.60 1,080.00 AWW 5.10 510.00 BLD 0.30 30.00 BLD 2.40 1,620.00 JMD 8.40 3,570.00 NAN 39
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 48 of 58 Jul-21-15 Prepare letter to all opt-ins who have not yet responded to survey; send reminder email to all non-responsive opt-ins Continued computing California penalty damages (4.5) Review and analyze individual payroll and time records; calculate individual FLSA damages; draft mediation statement; conferences with Mr. David regarding response to opposing counsel's request for information on "issues"; draft response to opposing counsel regarding "issues" with records 1.20 120.00 BLD 4.50 3,037.50 JMD 11.80 5,015.00 NAN Jul-22-15 Update spreadsheet with information from SurveyMonkey; send email to class members regarding needed clarification; telephone calls to individuals who have not yet responded to survey Meetings with Nick Nunes regarding damages issues (0.9) Draft Mediation Statement; run various statistical analyses of data on FLSA plaintiffs 0.50 50.00 BLD 0.90 607.50 JMD 8.90 3,782.50 NAN Jul-23-15 Jul-24-15 Meeting with Nick Nunes regarding damages calculation (0.2) Review and analyze round five of Defendant's production; calculate individual damages; draft mediation statement; conduct various statistical analyses of damages and associated data Placed call and drafted email to Liz Staggs Wilson (0.1); telephone conference with class member (0.1); meeting with Nick Nunes regarding damages calculation and mediation statement (0.2) 0.20 135.00 JMD 6.90 2,932.50 NAN 0.40 270.00 JMD Continue draft of Mediation Statement; continue analysis of data; continue calculations of individual damages 8.20 3,485.00 NAN 40
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 49 of 58 Calculated wages damages 0.70 210.00 AWW Jul-25-15 Jul-26-15 Input survey response dates into spreadsheet; sent emails requesting clarification to various plaintiffs; telephone calls to non-responding plaintiffs; research wrong numbers; telephone conversations with various plaintiffs Reviewed and revised first draft of mediation statement (0.5) Continued work on mediation statement and telephone conference with Nick Nunes regarding same (1.7) Continue draft of Mediation Statement; continue analysis of data; continue calculations of individual damages; phone conferences with Mr. David regarding edits and updates to mediation statement 4.40 440.00 BLD 0.50 337.50 JMD 1.70 1,147.50 JMD 4.90 2,082.50 NAN Jul-27-15 Prepared for settlement conference (4.3) 4.80 3,240.00 JMD Review and analyze produced documents; calculate individual damages; draft mediation statement 12.30 5,227.50 NAN Input survey response dates into spreadsheet 0.40 40.00 BLD Jul-28-15 Travel to Los Angeles (11.0); prepared for mediation (5.0) 16.00 10,800.00 JMD Travel to California (11,0); receive and review information on damages from opposing counsel; phone conference with opposing counsel regarding damages; edit and update mediation statement based on new information; edit and update calculations based on new information; prepare for mediation 15.90 6,757.50 NAN Input survey response dates into spreadsheet 0.40 40.00 BLD 41
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 50 of 58 Jul-29-15 Prepared for mediation (8.0) 8.00 5,400.00 JMD Meet with Eric Kingsley; prepare documents for mediation; update damage calculations; prepare for mediation Input survey response dates into spreadsheet; telephone call from class member; email to Mr. Nunes and Mr. David 10.90 4,632.50 NAN 0.30 30.00 BLD Jul-30-15 Settlement mediation (17.0) 17.00 11,475.00 JMD Prepare documents for mediation; attend mediation conference; travel from California (2.0) 14.00 5,950.00 NAN Jul-31-15 Travel from California (13.5) 13.50 5,737.50 NAN Aug-01-15 Travel from Los Angeles (8.9) 8.90 6,007.50 JMD Aug-04-15 Drafted update to Class Representatives (0.3) 0.30 202.50 JMD Review MOU 0.40 170.00 NAN Aug-05-15 Reviewed and revised MOU (1.1); drafted email to counsel for the Defendant regarding same (0.1) 1.20 810.00 JMD Review and comment on MOU 0.50 212.50 NAN Correspondence from/to opposing counsel regarding dates of employment 0.40 170.00 NAN Aug-13-15 Aug-17-15 Reviewed final MOU and email to counsel for Defendant regarding same (0.5) Drafted update to class members advising of settlement (0.6); meeting with Nick Nunes regarding same (0.1) 0.30 202.50 JMD 0.70 472.50 JMD 42
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 51 of 58 Aug-18-15 Finalized update to class members (0.1) 0.10 67.50 JMD Sep-08-15 Reviewed and revised settlement agreement (1.3) 1.30 877.50 JMD Review and analyze proposed settlement agreement 1.80 765.00 NAN Sep-09-15 Continued revising settlement agreement (0.9) 0.90 607.50 JMD Sep-10-15 Sep-11-15 Telephone conferences with Eric Kingsley and Daniel Ghyczy regarding enhancements for named plaintiffs (0.2); drafted Joint Stipulation and Case Status Report (0.6) Finalized and filed Joint Stipulation and Case Status Report (0.2); continued revising Settlement Agreement (1.2) 0.80 540.00 JMD 1.40 945.00 JMD Review proposed Joint Stipulation 0.20 85.00 NAN Sep-14-15 Sep-18-15 Oct-05-15 Oct-06-15 Oct-07-15 Oct-08-15 Receive and review order continuing case management conference Completed revisions to Settlement Agreement (0.9); email to Class Representatives regarding same (0.3) Began drafting Motion for Preliminary Approval (1.4); emails with Fatemeh Mashouf regarding Settlement Agreement and related issues (0.3) Continued drafting motion for preliminary approval (4.0) Review workweek calculations by opposing counsel; create updated spreadsheet accurately calculating workweeks; spot check workweek data for accuracy Continued drafting motion for preliminary approval (0.2) 0.10 42.50 NAN 1.20 810.00 JMD 1.70 1,147.50 JMD 4.00 2,700.00 JMD 4.50 1,912.50 NAN 0.20 135.00 JMD 43
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 52 of 58 Continued analysis of weeks worked information provided by opposing counsel 3.40 1,445.00 NAN Oct-09-15 Oct-14-15 Oct-16-15 Oct-21-15 Oct-22-15 Continued drafting motion for preliminary approval (4.9) Research regarding Rule 23 settlement approval vs. Collective action approval; review and analyze data regarding damages Review correspondence from opposing counsel and update table of weeks worked Phone conference with opposing counsel regarding Instagram posts Drafted email to counsel for Defendant regarding status of settlement (0.1) Conference call regarding notice procedure (0.5) Conference with Mr. David regarding assistance with motion for preliminary approval of settlement; worked on motion for preliminary approval of settlement and accompanying declaration of Mr. David 4.90 3,307.50 JMD 4.90 2,082.50 NAN 0.50 212.50 NAN 0.30 127.50 NAN 0.10 67.50 JMD 0.50 337.50 JMD 3.50 1,050.00 AWW Oct-26-15 Nov-04-15 Nov-06-15 Reviewed and revised latest draft of Settlement Agreement (1.0) Reviewed and revised drafts of Motion for Preliminary Approval and Declaration of Mr. David; conference with Mr. David regarding preliminary approvals of FLSA settlements Responded to email inquiries from Class Members (0.4) Preliminary review of Defendant's edits to Settlement Agreement and motion for preliminary approval and notice (0.2); 1.00 675.00 JMD 0.50 150.00 AWW 0.40 270.00 JMD 0.30 202.50 JMD 44
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 53 of 58 telephone conference with Fatemeh Mashouf regarding same (0.1) Nov-09-15 Nov-10-15 Nov-11-15 Nov-12-15 Telephone conference with Class Member (0.1) Reviewed and revised latest draft of Settlement Agreement, Motion for Preliminary Approval, and Notice of Settlement (2.7) Telephone conference with Fatemeh Mashouf regarding status of settlement agreement and motion for preliminary approval (0.1); continued revising Notices to class members advising of settlement (0.3) Continued work on Motion for Preliminary Approval and notice materials (4.4) 0.10 67.50 JMD 2.70 1,822.50 JMD 0.40 270.00 JMD 4.40 2,970.00 JMD Nov-13-15 Nov-17-15 Drafted Proposed Order Approving Motion for Preliminary Approval (0.9); revised Proposed Order following input from Defense counsel (0.7) Reviewed and replied to emails from counsel for Defendant regarding finalizing settlement (0.2) Review and analyze Exhibits A and B to settlement agreement 1.60 1,080.00 JMD 0.20 135.00 JMD 1.20 510.00 NAN Nov-19-15 Worked on revisions to motion for preliminary approval and supporting documents (1.5) 1.50 1,012.50 JMD Review and approve opt-in list 0.20 85.00 NAN Nov-20-15 Nov-25-15 Finalized motion for preliminary approval of settlement and supporting documents (3.2) Meeting with associate regarding motion for approval of attorneys' fees (0.3) 3.20 2,160.00 JMD 0.30 202.50 JMD 45
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 54 of 58 Conference with Mr. David regarding drafting a Motion for Approval of Attorney's Fees 0.30 90.00 AWW Dec-01-15 Dec-02-15 Review spreadsheet data on payouts; draft correspondence to opposing counsel regarding California multiplier Reviewed draft CAFA notice and email to defense counsel regarding same (0.2); arranged travel for preliminary approval hearing (1.0) 0.50 212.50 NAN 1.20 810.00 JMD Review information on CAFA notice 0.20 85.00 NAN Dec-04-15 Dec-07-15 Dec-09-15 Continued work on Motion for Attorneys' Fees and Reimbursement of Costs Reviewed pre-bill for presentation to the Court with the Motion; revised motion for attorneys' fees Drafted stipulation requesting cancellation of 12/18/15 Case Management Conference (0.4) 3.80 1,140.00 AWW 1.90 570.00 AWW 0.40 270.00 JMD Dec-10-15 Drafted update for class members (0.5); telephone conference with class member (0.3) Review of email addresses and updates received in preparation for mass e-mail; send mass email to all participants 0.80 540.00 JMD 0.50 50.00 BLD Dec-11-15 Finalized and filed Joint Stipulation (0.2) 0.20 135.00 JMD Dec-16-15 Prepared for hearing on preliminary approval (1.9); travel to San Francisco (8.7) 10.60 7,155.00 JMD Dec-17-15 Continued preparation for preliminary approval hearing 2.10 1,417.50 JMD Dec-18-15 Continued hearing preparation (0.4); appearance in Court for preliminary approval hearing (1.5); travel from 9.90 6,682.50 JMD 46
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 55 of 58 San Francisco to Virginia (8.0) Dec-28-15 Revised notices (1.1) 1.10 742.50 JMD Dec-29-15 Dec-30-15 Continued revisions to notices, revised Proposed Order, and drafted stipulation (1.0); email to counsel for Defendant regarding same (0.1) Reviewed changes to notice form made by counsel for Defendant and drafted email regarding same (0.2); finalized Stipulation and Proposed Order for filing (0.8) 1.10 742.50 JMD 1.00 675.00 JMD Jan-04-16 Review settlement notices 0.20 85.00 NAN Jan-06-16 Jan-11-16 Jan-12-16 Jan-13-16 Jan-20-16 Reviewed order granting preliminary approval for relevant deadlines (0.1); meeting with Nick Nunes regarding class list (0.1) Correspondence from/to opposing counsel regarding class list Correspondence from/to opposing counsel regarding class list Correspondence to opposing counsel regarding correcting hours for a California Reviewed email from Claims Administrator posing questions on notice and email to counsel for the Defendant regarding same (0.5) 0.20 135.00 JMD 0.30 127.50 NAN 0.20 85.00 NAN 0.20 85.00 NAN 0.50 337.50 JMD Jan-22-16 Responded to email from class member (0.1) 0.10 67.50 JMD Jan-25-16 Responded to email questions from Claims Administrator (0.2) 0.20 135.00 JMD Jan-26-16 Telephone conference with Eric Kingsley regarding motion for approval of attorney's fees (0.2) 0.20 135.00 JMD Jan-28-16 Reviewed and responded to email from 0.30 202.50 JMD 47
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 56 of 58 All-Star who did not receive notice of lawsuit (0.2); telephone conference with class member regarding receipt of notice of settlement (0.1) Jan-29-16 Provide various updated addresses to third party administrator; telephone conversations with class members Reviewed and replied to email question from class member regarding settlement (0.3) Telephone conversation with opt-in plaintiff regarding status 0.80 80.00 BLD 0.30 202.50 JMD 0.20 20.00 BLD Feb-01-16 Feb-03-16 Telephone conversation with class member regarding his status in case; telephone conversation with class member; email to Simpluris with address change; Facebook message exchanges with class member Revised motion for approval of attorney's fees, costs, and enhancement awards (0.8) 0.60 60.00 BLD 0.80 540.00 JMD Telephone conversation with class member 0.20 20.00 BLD Feb-04-16 Continued drafting Motion for Attorneys' Fees, Costs, and Enhancement Awards (2.8) 2.80 1,890.00 JMD Feb-05-16 Continued drafting memorandum in support of motion for attorneys' fees, litigation costs, and enhancement awards (3.5) 3.50 2,362.50 JMD Feb-07-16 Continued drafting motion for attorneys' fees, litigation costs, and enhancement awards (5.4) 5.40 3,645.00 JMD Totals 940.70 $410,335.00 48
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 57 of 58 DISBURSEMENTS Disbursements Receipts Jun-10-14 On-Line Research - Lexis Nexis 167.91 Jun-30-14 On-Line Research - Lexis Nexis 167.90 Sep-08-14 Filing Fee - Pro Hac Vice admission (NAN) 305.00 Sep-24-14 Filing Fee - Pro Hac Vice admission (JMD) 305.00 Dec-31-14 On-Line Research - Lexis Nexis 53.82 On-Line Research - Lexis Nexis 558.20 Jan-13-15 Overnite Documents 72.70 Jan-31-15 On-Line Research - Lexis Nexis 12.76 Feb-08-15 Facebook Fees 28.21 Feb-11-15 Parking - JMD 28.00 Hotel - JMD 212.15 Ground Transportation - JMD 44.36 Airfare - JMD 519.20 Feb-19-15 Spokeo (People Search) 14.85 Feb-28-15 On-Line Research - Lexis Nexis 17.87 On-Line Research - Lexis Nexis 2,582.19 On-Line Research - Accurint 770.46 Mar-11-15 Facebook Message Fees 28.21 Mar-30-15 On-Line Research - Accurint 2,047.56 Apr-08-15 Facebook Message Fees 232.45 Apr-15-15 Spokeo (People Search) 5.78 Apr-23-15 Facebook Message Fees 64.06 Apr-30-15 On-Line Research - Lexis Nexis 490.55 May-06-15 Facebook Message Fees 24.00 49
Case 3:14-cv-03238-MMC Document 110-1 Filed 02/09/16 Page 58 of 58 Jun-04-15 Dickstein Dispute Resolution 7,400.00 Jun-05-15 Overnite Documents 42.32 Jun-10-15 Overnite Documents 38.67 Jun-15-15 On-Line Research - Lexis Nexis 26.60 Jul-17-15 Facebook Message Fees 40.00 Jul-31-15 On-Line Research - Lexis Nexis 115.74 On-Line Research - Accurint 50.30 Sep-11-15 Overnite Documents 38.39 Oct-27-15 Hotel - NAN 672.56 Hotel - JMD 952.40 Airfare - JMD 855.70 Rental Car - JMD 207.93 Oct-31-15 On-Line Research - Lexis Nexis 109.79 Nov-20-15 Overnite Documents 38.67 Dec-11-15 Overnite Documents 38.67 Dec-30-15 Overnite Documents 40.88 Dec-31-15 On-Line Research - Lexis Nexis 408.05 Jan-04-16 Rental Car - JMD 51.02 Parking & Tolls - JMD 81.27 Hotel - JMD 304.00 Airfare - JMD 528.60 Jan-12-16 Ground Transportation - NAN 35.72 Airfare - NAN 1,059.20 Right Signature (electronic opt-ins) 309.00 Totals $22,198.67 $0.00 Total Fees, Disbursements $432,533.67 50
Case 3:14-cv-03238-MMC Document 110-2 Filed 02/09/16 Page 1 of 15 1 2 3 4 5 6 7 8 9 10 11 12 ERIC B. KINGSLEY, Bar No. 185123 eric@kingsleykingsley.com LIANE KATZENSTEIN LY, Bar No. 259230 liane@kingsleykingsley.com KINGSLEY & KINGSLEY, APC 16133 Ventura Boulevard, Suite 1200 Encino, CA 91436 Telephone: (818) 990-8300 Facsimile: (818) 990-2903 JOSHUA M. DAVID (Admitted Pro Hac Vice) jdavid@davidkampfrank.com NICHOLAS A. NUNES (Admitted Pro Hac Vice) nanunes@davidkampfrank.com DAVID, KAMP & FRANK, L.L.C. 739 Thimble Shoals Boulevard, Suite 105 Newport News, VA 23606 Telephone: (757) 595-4500 Facsimile: (757) 595-6723 Attorneys for Plaintiffs NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O CONNELL, and ANNIYA LOUIS, on behalf of themselves and all others similarly situated 13 14 15 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 18 19 20 21 22 23 24 25 26 27 NICHOLAS SELBE, DANIEL GHYCZY, MAKAELA O CONNELL, and ANNIYA LOUIS on behalf of themselves and others similarly situated, v. Plaintiffs, PEAK CAMPUS MANAGEMENT, LLC, Defendant. Case No. 3:14-cv-3238-MMC DECLARATION OF ERIC B. KINGSLEY IN SUPPORT OF PLAINTIFFS AND CLASS COUNSEL S NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES, LITIGATION COSTS, AND ENHANCEMENT AWARDS Date: April 29, 2016 Time: 9:00 a.m. Judge: Hon. Maxine M. Chesney Location: Courtroom 7 Complaint filed: July 17, 2014 Trial date: Not set 28 1 DECLARATION OF ERIC B. KINGSLEY (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-2 Filed 02/09/16 Page 2 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DECLARATION OF ERIC B. KINGSLEY I, ERIC B. KINGSLEY, declare: ATTORNEY COMPETENCE 1. I am an attorney duly licensed to practice law in the State of California and am a partner in the Law Offices of Kingsley & Kingsley, APC. I have personal knowledge of the matters set forth herein, and would and could testify thereto if called as a witness. 2. I graduated from the University of California Santa Barbara in 1993 with a degree in History. I graduated from Loyola Law School of Los Angeles in 1996. I am currently a partner in the Law Offices of Kingsley & Kingsley, APC in Encino. I am admitted to practice before the following Courts: United States District Court, Northern, Southern, Eastern, and Central of California; all of California State Courts. 3. Kingsley & Kingsley is a very experienced class action firm which specializes in the area of wage and hour issues. A representative sampling of recent class action and wage and hour litigation Kingsley & Kingsley has served as lead and/or Class Counsel on follows: a. Lewis et al. v. Collabrus Inc., Santa Clara County Superior Court (109CV-142927). The certified class action was approved for final settlement by the Honorable James P. Kleinberg in March 2012, in the gross amount of $2,000,000.00, with attorneys fees approved in the amount of $666,666.66. b. Hirschinger v. Blue Cross of California, Los Angeles Superior Court (BC402739). This certified class action was approved for final settlement by the Honorable Lee Smalley Edmon in June 2013, in the gross amount of $4,700,000.00, with attorneys fees approved in the amount of $1,786,000.00 (38% of the Common Fund). c. Perry v. GSF Properties, Inc., Fresno Superior Court (11CECG02434MWS). This matter was approved for final settlement by the Honorable Mark W. Snauffer in October 2013, in the gross amount of $750,000.00 with attorneys fees approved in the amount of $249,750.00 (33.33% of the Common Fund). 28 2 DECLARATION OF ERIC B. KINGSLEY (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-2 Filed 02/09/16 Page 3 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. Melendrez v. JK Communications Los Angeles Superior Court (BC497692). Judge John Shepard Wiley, Jr. certified five classes and appointed Kingsley & Kingsley, APC as class counsel. e. Kane et al. v. Valley Slurry Seal, Yolo County Superior Court, CV08-2483. Kingsley & Kingsley, APC was appointed co-lead trial counsel in this wage and hour class action. Judge Daniel P. Maguire entered judgment in favor of the Plaintiffs and the certified class in the amount of $218,277.94. CLASS COUNSEL S HOURLY RATES AND TIME SPENT ARE REASONABLE 4. I am very familiar with the contingent fee market throughout California, particularly as it pertains to complex employment, wage and hour, and class action litigation. 5. On behalf of my firm, I have negotiated numerous contingency fee agreements with plaintiffs, both as individuals and as representatives in class action suits. 6. Kingsley & Kingsley, APC has never been paid any money for attorneys fees in this case and has advanced costs, together with co-counsel David, Kamp & Frank, L.L.C., throughout the pendency of this case. 7. I believe that the hourly rates used in the fee submittals by my firm and by David, Kamp & Frank, L.L.C. in this matter are fair and reasonable and are in line with the prevailing rates in the legal market where this case is pending for prosecuting or defending collective and class actions. 8. A 2012 article in the Daily Journal, attached hereto as Exhibit 1 discussed average billing rates for firm partners and associates in the San Francisco and Los Angeles areas. The article reveals that in 2012, the average San Francisco partner is billed at a rate of $675/hour while associates are billed at an average of $482/hour, and the average Los Angeles partner is billed out at $797/hour while associates are billed out at $550/hour. 9. I have been practicing since 1996 and my billing rate is $725 per hour. 10. In the course of this litigation, I have become familiar with my co-counsel, Joshua M. David of David, Kamp & Frank, L.L.C. Mr. David graduated from the University of Virginia with Distinction in 1994 and from the University of Virginia School of Law in 1997. He 3 DECLARATION OF ERIC B. KINGSLEY (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-2 Filed 02/09/16 Page 4 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 has been practicing law since 1997 and is an experienced employment law attorney. I believe that the average rate of $675 per hour for a partner in the San Francisco market as shown by the Daily Journal survey is at or below a reasonable rate for Mr. David in this matter. 11. I have also become familiar in the course of this litigation with Nicolas A. Nunes, the associate at David, Kamp & Frank, L.L.C. who worked significantly on this matter. Mr. Nunes graduated from Virginia Tech with Honors in 2003 and the Florida State University College of Law in 2006. He has been practicing law since 2006 and has significant experience in employment law, including wage and hour matters. I believe that the rate of $425 for experienced associates used by my office is a reasonable rate for Mr. Nunes in this matter. Further, I believe that $300 per hour is a reasonable rate for David, Kamp & Frank, L.L.C. s associate with less specialized experience. Finally, $100 per hour is a reasonable paralegal rate. 12. The attorneys fees for Kingsley & Kingsley, APC are broken down as follows: ATTORNEY HOURS HOURLY RATE TOTALS 14 15 16 Eric B. Kingsley 53.6 $725.00 $38,860.00 17 18 19 20 21 22 23 24 25 26 27 13. The specific tasks performed by Kingsley & Kingsley, APC are shown on the billing detail attached hereto as Exhibit 2. The number of hours expenses were reasonable for the tasks performed. 14. As of the date of the filing of this motion, Kingsley & Kingsley, APC have costs in the total amount of $1,024.76. Attached as Exhibit 3 is a cost report showing the costs advanced by my firm. All of these costs were necessarily incurred in the course of this litigation. /// /// /// /// 28 4 DECLARATION OF ERIC B. KINGSLEY (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-2 Filed 02/09/16 Page 5 of 15 1 2 3 4 5 6 7 I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed this 8 th day of February, 2016, in Encino, California. /s/ Eric B. Kingsley ERIC B. KINGSLEY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 DECLARATION OF ERIC B. KINGSLEY (CASE NO.: 3:14-CV-3238-MMC)
Case 3:14-cv-03238-MMC Document 110-2 Filed 02/09/16 Page 6 of 15 Exhibit 1
Case 3:14-cv-03238-MMC Document 110-2 Filed 02/09/16 Page 7 of 15