UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW

Transcription

Case 1:12-cv-04842-SMG Document 77 Filed 04/03/15 Page 1 of 11 PageID #: 856
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
DELITA JACOBS, individually and on behalf of all others
similarly situated, and DESMOND POUNCIE, individually,
Plaintiffs,
12-CV-04842(FB)(SMG)
vs.
MAJOR ENERY SERVICES LLC; RESPOND POWER LLC;
MAJOR ENERGY ELECTRIC SERVICES LLC; DIRECT
SALES SOLUTIONS LLC; ASHER FRIED; SAUL
HOROWITZ; MARK WIEDERMAN; and SHAI FISHMAN
in their individual and professional capacities,
Defendants.
DECLARATION OF ANDREW B. STOLL IN SUPPORT OF PLAINTIFF DELITA
JACOBS’ UNOPPOSED MOTION FOR ATTORNEY’S FEES AND COSTS,
ADMINISTRATOR FEES, AND INCENTIVE PAY
ANDREW B. STOLL, an attorney duly admitted to practice law in the Courts of the
State of New York, pursuant to 28 U.S.C. § 1746(2), declares:
1.
I am an attorney admitted to practice before the courts of the State of New York
and the United States District Court for the Eastern District of New York. I am a partner in the
law firm of Stoll, Glickman & Bellina, LLP (“SGB”), plaintiffs’ counsel and counsel for the
class in the above-captioned matter.
As such, I am fully familiar with the facts and
circumstances stated here.
2.
I make this declaration in support of Plaintiff Delita Jacobs’ Unopposed Motion
for Attorney’s Fees and Costs, Administrator Fees, and Incentive Pay.
3.
I incorporate here my Declaration in Support of Plaintiff Delita Jacobs’
Unopposed Motion for Certification of the Settlement Class, Final Approval of the Class Action
Settlement, and Approval of the FLSA Settlement.
4.
Attached as Exhibit A is the retainer agreement between SGB and Plaintiff Delita
Jacobs (“Jacobs”), which provides for a contingency fee of 33.3% of the total recovered in any
settlement or judgment.
5.
Attached as Exhibit B are the contemporaneous billing records of the attorneys at
6.
Attached as Exhibit C is the Declaration of William W. Wickersham, of RG/2, the
SGB.
Class Administrator in this matter,
7.
Attached as Exhibit D is an invoice documenting SGB’s disbursements in this
8.
Attached as Exhibit E are sample class notices in this matter.
matter.
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9.
Attached as Exhibit F is the Settlement Agreement, or Stipulation of Settlement,
in this matter, which provides for SGB to apply to the Court, unopposed, for 33.3% of the total
settlement for attorney’s fees, as well as up to $30,000.00 for Class Administrator fees and up to
$20,000.00 service award for Delita Jacobs.
10.
On August 13, 2012, Plaintiff Delita Jacobs became a client of this firm. Ex. A,
retainer agreement between Delita Jacobs and SGB.
11.
Delita Jacobs assisted in persuading Desmond Pouncie (“Pouncie”) to opt in to
the litigation as a plaintiff.
Qualifications and Participation of Class Counsel- Christopher Q. Davis
12.
This case was staffed by four attorneys at SGB: Christopher Davis, a non-equity
partner at the firm, Andrew B. Stoll, a named partner at the firm, and Rachel Haskell and
Saranicole Duaban, two associates at the firm.
13.
At the time of the filing of the complaint, Davis had been practicing law for 12
years with a primary focus on litigation of labor and employment law cases. He is a member of
the bar of the State of New York and is also admitted to practice before the Second Circuit Court
of Appeals, and the U.S. District Court for the Eastern, Southern and Northern Districts of New
York.
14.
In 2001, Davis received a Juris Doctor from the Catholic University of America in
Washington, D.C.
15.
From 2001 to 2006, Davis was employed as an Assistant District Attorney in the
Manhattan District Attorney’s Office, where he tried approximately 20 felony and misdemeanor
cases to verdict.
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16.
Following his tenure as an Assistant District Attorney, Davis entered private
practice as an Associate with the employment law firm Thompson Wigdor LLP (“TW”),
assuming responsibility over several plaintiffs and management-side lawsuits.
17.
After leaving TW in 2009, Davis gained employment with The Ottinger Firm,
P.C., and served as the firm’s Managing Attorney.
18.
While with The Ottinger Firm, Davis was responsible for all aspects of the firm’s
operations, including managing and serving as lead attorney on numerous nationwide class and
collective actions under the FLSA.
19.
At TW, Davis was the lead associate on a collective action overtime lawsuit
brought against one of the private universities in the State of New York (Summa v. Hofstra
University, 07-CV-3307 (EDNY)).
During the case, he managed all aspects of litigation,
including discovery, drafted and filed a winning FLSA class certification brief and wrote a
successful appellate brief opposing the university’s challenge of the district court’s decision to
grant certification.
20.
Davis has taken and defended numerous depositions in FLSA/Rule 23 collective
and class action cases, and has conducted and defended approximately 75 depositions.
21.
Since entering private practice, Davis has settled or participated in settlement
negotiations of more than 10 collective and/or class actions.
22.
While with The Ottinger Firm, Davis was lead counsel in the matter of Martinez
v. Forest Laboratories, Inc. et al, 10-CV-06032 (SDNY), in which preliminary certification on
an FLSA class was granted by Judge William H. Pauley on June 2, 2011.
23.
While with The Ottinger Firm, Davis served as lead counsel in the matter of
Landin et al. v. UBS et al, 10-CV-711 (SDNY) and Bardouille v. Goldman Sachs & Co., 10-cv-
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4285 (SDNY), both hybrid class and collective action which settled upon beneficial terms for the
respective classes.
24.
While with The Ottinger Firm, Davis also served as lead counsel handling all
aspects of discovery, motion briefing, and settlement discussions on the following overtime class
actions in which The Ottinger Firm was appointed class counsel and which settled on favorable
terms for the respective plaintiffs:
Fouathia v. Gurwich Products, 10-CV-5411 (SDNY);
Gomez v. Gravitas Technology, Inc., 10-CV-6412 (SDNY);
McKenzie v. Schulte Roth & Zabel LLP, 11-CV-3991 (SDNY);
Butt v. Megabus Northeast, LLC, 11-CV-3993 (SDNY).
25.
Immediately prior to leaving The Ottinger Firm, as lead counsel, Davis took and
defended all of the depositions, reviewed all of defendants’ document production, drafted the
summary judgment and class action briefs, argued summary judgment and class action motions,
and supervised junior lawyers in the matter of Orgill v Ingersoll-Rand Co., NY County Index
No. 101142/10. Summary Judgment was denied and plaintiffs’ motion for certification of a class
was granted. Defendants’ subsequent appeal to the Appellate Division, First Department was
denied in a published opinion that has received trade press attention.
26.
SGB was appointed Class Counsel in Bryan, et al. v. Urban Telecommunications,
Inc., et al., 12-CV-2186 (SDNY), an overtime class and collective action in which Davis served
as lead attorney. The litigation settled upon favorable terms for the class and was approved by
Judge P. Kevin Castel.
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27.
Davis and SGB were appointed Class Counsel in Oleniak v. Time Warner, 12-
CV-3971 (SDNY), a hybrid overtime class and collective action which settled upon favorable
terms and was approved by Judge Katherine P. Failla on December 17, 2013.
28.
SGB is respectfully suggesting the Court adopt a rate $450.00 hourly rate for Mr.
Davis’ services in this FLSA class and collective action, for the purposes of cross-checking the
reasonableness of a one third contingency fee in this matte
Qualifications and Participation of Class Counsel- Andrew Stoll
29.
I (Andrew B. Stoll) was admitted to practice in New York State in 1998, and have
been admitted to practice before all four federal districts of New York and the United States
Court of Appeals, Second Circuit. I have tried over thirty jury trials, including in Courts in New
York City, Albany, and Rochester. I have also tried cases before the New York State Court of
Claims. I am an adjunct professor of law at Seton Hall University School of Law, where I teach
“Persuasion and Advocacy”, their trial advocacy course.
30.
I graduated from Brooklyn Law School in 1997, and worked as a Staff Attorney
at the Criminal Defense Division of the Legal Aid Society from 1997-2002, before opening my
own law practice in 2002, which grew into SGB.
31.
SGB focused predominantly on criminal defense, civil rights litigation, and
campaign finance consulting until August, 2012. In that practice, I have represented hundreds of
civil rights plaintiffs in the federal courts, in cases alleging police and correction officer
misconduct. I am a member of the Bar Association of the City of New York, where I have
served on the Corrections and Reentry Committee, the New York State Defenders Association,
and the National Police Accountability Project.
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32.
As an additional practice at SGB, since 2009, I have represented over 700
hundred New York City teachers, on behalf of the United Federation of Teachers,
33.
In 2011, I filed my first federal employment action in the Southern District of
New York, Taylor v. the New York City Department of Education, 11-CV-7833 (AJN), which
resulted in a favorable summary judgment decision and subsequent settlement. I also filed, in
August of 2012, a Qui Tam action in the Southern District of New York.
34.
In August, 2012, Christopher Davis joined SGB. I worked with Mr. Davis on
several collective and class action overtime matters at SGB. I participated in the litigation and
mediation of Oleniak v. Time Warner, 12-CV-3971 (KPF) (SDNY), a class/ collective action
which was certified as a class as settled on favorable terms. I was also named as lead counsel in
court-ordered notices that issued in Oleniak when SGB was appointed Class Counsel in a
supplemental settlement in the case.
35.
I also participated with Mr. Davis in the litigation and mediation of Hibbert v.
Central Parking Systems, 12-CV-7970 (VSB) (SDNY), a hybrid collective and class action that
has settled in principle.
36.
My firm, SGB, was appointed Class Counsel in Bryan et al v. Urban
Telecommunications, Inc., et al., 12-CV-2816 (KPF) (SDNY), an approved overtime class and
collective action.
37.
I represented Ranti Ojo in an individual FLSA claim in the cases of Ojo v.
Wellness Health, 13-CV-4942 (ERK)(RLM) and Ojo v. Educerus, Inc.,13-CV-4943
(ERK)(RLM), the settlement of which was approved as fair and reasonable by the Court on May
2, 2014.
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38.
When Mr. Davis left SGB in July, 2014, I took over the employment practice at
SGB, and we have maintained the robust employment practice, with the assistance of associate
Saranicole Duaban, and Rita Sethi, of counsel.
39.
SGB is respectfully suggesting the Court adopt a rate $350.00 hourly rate for my
services in this FLSA class and collective action, for the purposes of cross-checking the
reasonableness of a one third contingency fee in this matter.
Qualifications and Participation of Class Counsel- Rachel Haskell
40.
Rachel Haskell was an associate working at SGB exclusively in the Labor and
Employment practice. She was a member of the New York and Massachusetts bar, and was
admitted to practice in the Eastern and Southern districts of New York.
She earned her
Bachelor’s degree from the University of Wisconsin- Madison in 2006, and her J.D. from
Northeastern University School of Law in 2012. She has focused her practice exclusively on
employment law matters, and had experience working for a private practitioner prior to joining
SGB, as well as interning at the U.S. Equal Employment Opportunity Commission.
41.
SGB is respectfully suggesting the Court adopt a rate $250.00 hourly rate for Ms.
Haskell, for the purposes of cross-checking the reasonableness of a one third contingency fee in
this matter.
Qualifications and Participation of Class Counsel- Saranicole Duaban
42.
Saranicole Duaban is an associate at SGB who received her bachelor’s degree
from George Washington University, where she graduated cum laude with Special Honors in
History, and a minor in Art History. She then attended the George Washington University Law
School, where she was a member of the Moot Court Board and a Thurgood Marshall Scholar. At
GW Law, Duaban worked for the Public Justice Advocacy Clinic, representing low-income
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workers in unpaid wage cases at the D.C. Superior Court and in their unemployment hearings.
Prior to joining SGB Duaban was a fellow in the Workplace Justice Practice at MFY Legal
Services, where she managed a heavy caseload of wage and hour, employment discrimination,
and re-entry cases. She has experience representing clients at the EEOC, the New York State
Division of Human Rights, and in administrative hearings. Duaban is a member of the New
York City Bar Association, the Federal Bar Association Labor and Employment Section, and the
National Employment Law Association, New York Chapter, where she is a member of the New
Lawyers Committee.
43.
SGB is respectfully suggesting the Court adopt a rate $250.00 hourly rate for Ms.
Duaban, for the purposes of cross checking the reasonableness of a one third contingency fee in
this matter.
Class Administrator Fees
44.
The Class Administrator has submitted a bill to SGB for $34,519.00, however,
SGB has agreed to pay the administrator the excess over the $30,000.00 provided for in the
Settlement Agreement, with the exception of expenses for notice pursuant to the Class Action
Fairness Act.
45.
The Class Administrator has served the Class reliably and responsively.
46.
In addition, the Class Administrator provided additional services by performing
extensive data calculations and extrapolations, including working with complete data sets that
defendants were not comfortable sharing with plaintiffs in an informal discovery setting. This
added an additional level of comfort to SGB that we were obtaining reliable results from our
calculations, ensuring the fairness of the settlement.
CLASS REPRESENTATIVE SERVICE AWARD
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47.
Plaintiff Delita Jacobs served the class zealously, at her own expense.
48.
Ms. Jacobs brought the case to SGB, obtained an additional opt-in plaintiff to
avoid a “pick off” offer, reviewed discovery and samples provided, and advised SGB on the
detailed operations of defendants’ business model.
49.
Ms. Jacobs attended a day long mediation session.
50.
Ms. Jacobs flew at her own expense to New York from Texas, where she had
moved, to review data and discovery and discuss settlement in person with SGB attorneys.
51.
Ms. Jacobs filed a New York State retaliation claim in Kings County Supreme
Court, index # 19518/2012, arising from the same employment at issue in this case. However,
she agreed to stay prosecution of that matter until provisional approval of the class and collective
action, to avoid the appearance that she had a conflict in any settlement discussions of this
matter.
52.
Ms. Jacobs originally signed up as a client with Christopher Davis while he was at
another firm, very shortly before Davis left and joined SGB. She then changed law firms with
Mr. Davis, to SGB, and then stayed with SGB when Davis left SGB. The entire time, she
diligently worked with attorneys, and actively participated in settlement discussions and
reviewing the fairness of the settlement.
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ANDREW B. STOLL, an attorney duly admitted to practice law in the Courts of the State of
New York, pursuant to 28 U.S.C. § 1746(2), declares under penalty of perjury under the laws of
the United States of America that the foregoing is true and correct.
Brooklyn, NY
April 2, 2015
______________________
Andrew B. Stoll (AS8808)
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EXHIBIT A
Case 1:12-cv-04842-SMG Document 77-1 Filed 04/03/15 Page 1 of 7 PageID #: 867
EXHIBIT B
Stoll, Glickman & Bellina, LLP
Christopher Davis's Time Entry Report
for Selected File:
Jacobs, Delita v. Direct Sales Solutions & Major Energy
Client ID:
Matter ID: 12CV4842
Date
Task/Activity Code
Task/Activity Description
Fri. Sep 14, 2012
Time (hrs)
4.50
Conducted legal research for complaint drafting; drafted complaint.
Mon. Sep 17, 2012
2.00
Email communication with client re drafting of complaint; reviewed
case law re FLSA claims.
Tue. Sep 18, 2012
6.50
Conducted legal research on OT claims; conducted fact research on
OT claims; conducted fact research on corp and individual entities;
long fact interview w. Delita jacobs re OT and deduction claims; drafted
overtime complaint.
Wed. Sep 19, 2012
5.00
Reviewed documents from client and corporate information re entities
and individual defendants in preparation for drafting complaint;
conducted legal research; drafted complaint.
Thu. Sep 20, 2012
5.50
Conducted factual and legal research on overtime claims; telephone
conference with desmond pouncie re facts for complaint and lawsuit;
drafted complaint; email communication with delita jacobs re factual
allegations in lawsuit.
Fri. Sep 21, 2012
3.40
Conducted research on individual defendants background and
residence; conducted legal research; drafted complaint.
Mon. Sep 24, 2012
0.40
Conducted research on entities and drafted complaint.
Tue. Sep 25, 2012
5.50
Drafted OT complaint; conducted legal research; finalized complaint
for filing; office conference with paralegal re filing.
Wed. Oct 10, 2012
0.50
Office conference with paralegal re service of individual defendants;
telephone communication with client re case status.
Wed. Oct 31, 2012
0.40
Telephone communication with opposing counsel re answer extension
and plaintiffs' claims; email communication re same.
Thu. Nov 1, 2012
0.20
Email communication with opposing counsel for DSS re extension on
answer.
Tue. Dec 18, 2012
Printed by Christopher Davis on Thu. Mar 19, 2015
6.50
Page 1 of 9
Time for Selected File
Date
Jacobs, Delita v. Direct Sales Solutions & Major Energy OVERTIME
Case 1:12-cv-04842-SMG
77-2 Filed
04/03/15 Page 2 of 63 PageID #: 875
Task/Activity Code Document
Task/Activity
Description
Time (hrs)
Provided instruction to paralegal on binder preparation; selected
materials for pre-meeting review and provided to paralegal; email
communication with paralegal re same; prepared for meeting with
counsel for DSS and Major Energy by reviewing all prep. Material;
office conference with A. Stoll re meeting with opposing counsel;
attended conference and discussed structure for settlement talk;
drafted notes of meeting; one way travel.
Thu. Dec 20, 2012
1.50
Email communication with opposing counsel re discovery matters,
scheduling, settlement and proposed terms of tolling agreement;
drafted proposed tolling agreement and emailed to counsel; reviewed
proposed stipulation re answer filing and initial conference scheduling.
Thu. Dec 27, 2012
0.80
Telephone and office conference with D. Jacobs re updates on recent
meetings with opposing counsel; drafted notes re meeting and
informed plaintiff of class representative obligations.
Tue. Feb 26, 2013
1.50
Reviewed notes of prior conversations with call in prep for status call
with opposing counsel; reviewed client docs re discovery needs in
case mediation discovery is addressed in call; telephone conference
with opposing counsel re mediation scheduling and mediation
discovery.
Fri. Mar 22, 2013
1.30
Reviewed mediator candidates credentials; email communication with
opposing counsel re mediator selection; telephone communication
with opposing counsel re mediator selections and seeking
adjournment of scheduling deadlines.
Tue. Mar 26, 2013
0.20
Emailed opposing counsel confirming mediator selection.
Fri. Mar 29, 2013
0.30
Email communication with opposing counsel re selection of mediator
and communication with the court.
Mon. Apr 1, 2013
1.20
Email communication with mediator, opposing counsel and A. Stoll re
dates for mediation; email communication with mediator re location of
mediation; reviewed and signed mediator stipulation; conducted
additional open-source research on mediator and qualifications.
Tue. Apr 2, 2013
0.40
Email communication with mediator re scheduling mediation and
logistics; email with opposing counsel re same; email and office
communication with paralegal re contacting plaintiff Delita Jacobs re
attendance at mediation.
Fri. May 3, 2013
1.00
Email and telephone communication with opposing counsel re
defendants' proposed discovery sample; reviewed case law re
appropriate scope of discovery sample.
Mon. May 6, 2013
0.20
Email communication with opposing counsel re scheduling a discovery
telephone conference.
Page 2 of 9
Date
77-2 Filed
04/03/15 Page 3 of 63 PageID #: 876
Task/Activity
Description
Wed. May 8, 2013
Time (hrs)
0.20
Email and telephone communication with G. Salka re discovery
matters.
Thu. May 9, 2013
1.50
Prepared for telephone conference with opposing counsel re discovery
sample; reviewed case law re same; email communication with
opposing counsel; conducted telephone conference with opposing
counsel; reviewed and revised settlement confidentiality stip.
Fri. May 10, 2013
0.20
Email communication with opposing counsel.
Mon. May 20, 2013
0.40
Telephone communication with client re cancellation of mediation,
rescheduling and update on potential other opt ins; reviewed emails
between lawyers and mediator re scheduling mediation.
Thu. May 30, 2013
2.00
Conducted legal research in anticipation of drafting position statement
and upcoming mediation.
Fri. May 31, 2013
3.50
Email communication with opposing counsel re amended complaint;
continued research on outside sales exemption and cases involving
analagous positions.
Thu. Jun 6, 2013
0.40
Email communication with opposing counsel re amending complaint;
office communication with R. Haskell re research assignments and
progress.
Fri. Jun 7, 2013
1.40
Reviewed labor ready deductions case and other legal research in
preparation for meeting with R. Haskell re research assignment
update; office conference with R. Haskell re research; drafted
amended complaint; email communication with opposing counsel re
same.
Mon. Jun 10, 2013
1.30
Email communication with opposing counsel re edits to amended
complaint; reviewed proposed edits to confidentiality stipulation;
reviewed and revised amended complaint following receipt of edits
from counsel.
Tue. Jun 11, 2013
1.50
Email communication with opposing counsel re edits to confidentiality
stipulation and document production arrangements; multiple office
conferences with R. Haskell re results of research and progress with
mediation preparation; reviewed cases re overtime claims (outside
sales exemption and administrative exemption).
Thu. Jun 13, 2013
1.30
Reviewed and signed confidentiality stipulation; office conferences
with Rachel Haskell re results of research; reviewed cases re outside
sales exemption applicable to P's overtime class claims.
Sun. Jun 23, 2013
0.20
Page 3 of 9
Date
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04/03/15 Page 4 of 63 PageID #: 877
Task/Activity
Description
Time (hrs)
Reviewed court scheduling order in anticipation of mediation
preparation.
Tue. Jun 25, 2013
4.50
Conducted legal research in preparation for drafting mediation
statement.
Wed. Jun 26, 2013
3.90
Telephone communication with client re mediation planning and other
matters relating to mediation; email communication re same.;
Conducted research for mediation statement.
Thu. Jun 27, 2013
0.20
Office conference with R. Haskell re assignments and updates on legal
research.
Fri. Jun 28, 2013
6.50
Email communication with opposing counsel re postponing filing
deadline for mediation statements; office conferences with R. Haskell
re same; assigned status letter to intern to draft; reviewed and revised
status letter; supervised junior lawyer in filing status letter; conducted
research for mediation statement.
Mon. Jul 1, 2013
4.80
Office conference with R. Haskell re guidance on document review;
reviewed Orgill written decision re unlawful deductions; reviewed
research key drafted by R. Haskell and conducted research for
mediation statement and mediation.
Wed. Jul 3, 2013
6.20
Reviewed documents produced to counsel by plaintiffs in preparation
for mediation; multiple office conferences with Andrew Stoll and
Rachel Haskell re mediation preparation; email communication with
client Delita Jacobs re possible additional documents in her
possession and other matters; reviewed research in preparation for
drafting mediation statement; reviewed documents while drafting
mediation statement; drafted mediation statement.
Mon. Jul 8, 2013
4.60
Reviewed documents produced by opposing counsel in preparation for
mediation; conducted legal research in preparation for mediation;
multiple office conferences with R. Haskell re mediation.
Tue. Jul 9, 2013
13.80
Conducted legal research for mediation statement; finished drafting
15-page mediation statement; reviewed and revised mediation
statement including cite check, etc; reviewed defendants document
production for relevant references and exhibits; multiple office
conferences with R. Haskell re preparation for mediation; office
conferences with A. Stoll re same.
Wed. Jul 10, 2013
10.50
Telephone communication with mediator re mediation statement and
anticipated legal arguments; prepared for mediation (supervised junior
lawyer and paralegals, reviewed documents produced by opposing
counsel, multiple office conferences with R. Haskell and A. Stoll re
strategy and research; met with plaintiff delita jacobs to prepare her for
mediation session, reviewed damages calculations and directed
interns and paralegals in large drafting excel spreadsheets and other
damages calculation efforts).
Page 4 of 9
Date
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Task/Activity
Description
Thu. Jul 11, 2013
Time (hrs)
14.20
Drafted opening statement, reviewed cases and mediation in
preparation for mediation; participated in mediation; multiple office
conferences with A. Stoll and R. Haskell re strategy; conducted
damages calculations for settlement position; one way travel to garden
city mediation location; post-mediation research re comparable wage
claim settlements which were approved by the court; consulted with
client re outcome of mediation (failed).
Fri. Jul 12, 2013
4.50
Continued research into other wage settlements in SDNY and EDNY
post comcast with respect to settlement position analysis and whether
or not to mediate for a second day; email communication with mediator
re mediating a second day; office conferences with A. Stoll re same
and re strategy.
Mon. Jul 15, 2013
4.30
Finished research on prior settlements involving similar facts for
litigation risk and settlement fairness assessment; drafted proposed
correspondence to the court with mediation status update; email
communication with opposing counsel re same; reviewed, revised and
finalized letter; filed via ECF.
Tue. Jul 16, 2013
0.30
Reviewed court's order scheduling initial conference; reviewed court's
individual rules re prep for initial conf.
Wed. Jul 17, 2013
0.80
Office conference and status/strategy meeting with A. Stoll re litigation.
Mon. Jul 22, 2013
0.30
Reviewed premotion conference letter filed by opposing counsel
seeking dismissal; office conference with A. Stoll re same.
Thu. Jul 25, 2013
4.50
Conducted legal research re response to premotion conference letter
to dismiss; drafted response to premotion conference letter to dismiss.
Fri. Jul 26, 2013
8.50
Conducted legal research in for response to defendants' premotion
conference letter; office conferences with A. Stoll re same; reviewed
defendants correspondence seeking premotion conferences;
reviewed prior stipulations re extension of time to answer and
timeliness of D's letter motion; drafted letter.
Thu. Aug 1, 2013
1.10
Office conference with R. Haskell in preparation for rule 26 meet and
confer with opposing counsel; prepared for conference (reviewed
discovery checklist, vendor ESI needs, ESI checklists); took notes re
conference; participated in conference call; drafted post call to-do list.
Tue. Aug 6, 2013
4.30
Page 5 of 9
Date
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Task/Activity
Description
Time (hrs)
Office conference with r. Haskell re preparation for initial conference;
email communication with opposing counsel re same; email
communication with a. Stoll re same; prepared for initial conference
(conducted research re defending D's application for a stay, reviewed
case law on outside sales exemption, reviewed case law used in
support of P's opposition to D's anticipated MTD, office conference w
R. Haskell re proposed scheduling order); attended and appeared
before judge gold for conference; pre and post appearance conference
with opposing counsel.
Wed. Aug 7, 2013
0.30
Email and office communication with A. Stoll re legal research
assignments and factual investigation.
Fri. Aug 16, 2013
0.40
Email and telephone communication with R. Haskell re problems with
data produced by defense counsel for damages calculations.
Mon. Aug 26, 2013
3.10
Reviewed spreadsheets produced by opposing counsel re damages in
anticipation of meeting with R. Haskell to discuss D's need to
supplement data and our anticipated deposition notices; office
conference with R. Haskell re same; reviewed D counsel's pre motion
conference letter in anticipation of drafting response; conducted legal
research.
Thu. Aug 29, 2013
0.50
Telephone conference with client re client's relocation to texas and
logistics; status of case and other matters.
Fri. Aug 30, 2013
4.80
Office conference with A. Stoll re status of case and updates.;
Conducted research in preparation for drafting response to premotion
conference letter response; reviewed defendants letter; drafted
response; email and office communication with R. Haskell re same.
Mon. Sep 23, 2013
0.20
Office conference with R. Haskell re damages calculations and
assignments.
Tue. Sep 24, 2013
0.20
Office conference with R. Haskell re damages calculations.
Wed. Sep 25, 2013
0.20
Office communication with R. Haskell re damages assignment.
Mon. Sep 30, 2013
0.20
Email communication with opposing counsel re discovery matters and
setting second mediation date.
Tue. Oct 1, 2013
0.40
Email communication with opposing counsel re discovey and
mediation planning; office conference with R. Haskell re status of new
damages calculation.
Mon. Oct 14, 2013
0.20
Office conferences with R. Haskell re discovery assignments and
progress with new damages calculations.
Page 6 of 9
Date
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Task/Activity
Description
Fri. Oct 18, 2013
Time (hrs)
7.40
Prepared for premotion conference (reviewed premotion conference
letters and supporting caselaw) and post-court office settlement
meeting; office conference with R Haskell prior to premotion
conference re strategy with opposing counsel; one way travel to court;
conference with opposing counsel prior to conference; attended court
conference before judge block re motion; office conference with
opposing counsel in SGB offices re damages calculations
assumptions and revision of settlement demand; discussed theories of
different damages calculations and appropriate settlement demand
range; reviewed previously saved case law and provided copies to
opposing counsel re minimum wage overtime provision in NYLL and
relevant first and second circuit precedent re exemptions; office
conference with R Haskell re updating damages calculations per
discussions with opposing counsel.
Tue. Oct 22, 2013
0.20
Office conference with Rachel Haskell to confer about damages
calculations.
Wed. Oct 23, 2013
1.70
Office conference with Rachel Haskell to confer about damages
calculations.; Conducted legal research in ABA and NYSBA ethical
opinions re representation of plaintiffs with multiple or aggregate
claims in class action matters.
Fri. Oct 25, 2013
2.00
Office conference with Rachel Haskell re damages calculations;
reviewed spreadsheets and attempted to determine minimum wage
and gap time damages calculations methodology; email
communication with opposing counsel re damages calculations and
settlement negotiations; reviewed oleniak settlement agreement and
proposed order to determine if can serve as appropriate template in
the instant matter; office conference with R. Haskell re same.
Tue. Oct 29, 2013
0.80
Listened to vm from client; telephone call with client re settlement,
mediation and fact investigation updates; office conference with R.
Haskell re damages calculation updates; email communication with R.
Haskell re same; reviewed updated damages calculations performed
by R. Haskell.
Fri. Nov 1, 2013
0.40
Office conference with R. Haskell re final steps in revised damages
calculation and methodology for a global demand.
Mon. Nov 4, 2013
0.50
Office conference with Rachel Haskell re renewed damages
calculations; reviewed spreadsheets re same.
Wed. Dec 4, 2013
0.20
Email communication with R. Haskell re mediation preparation and
arrangements.
Fri. Dec 13, 2013
4.80
Prepared for and attended mediation session with opposing counsel;
office conferences with R. Haskell after mediation re assignments and
strategy in final settlement push.
Page 7 of 9
Date
77-2 Filed
04/03/15 Page 8 of 63 PageID #: 881
Task/Activity
Description
Mon. Dec 16, 2013
Time (hrs)
2.00
Office conference with Rachel Haskell re responding to Ds settlement
offer; conducted legal research on viability of Pennsylvania gap time
and deductions claims under Pa state law; emailed results to Rachel
Haskell and discussed relevant cases and statutes with her.
Tue. Dec 17, 2013
0.90
Reviewed recent Metro PCS decision re similar employees in OT
matter; email communication with Rachel Haskell re same; Office
conference with R. Haskell re case law research from Pa and
assignments prior to sending demand; office conference with R.
Haskell re structuring and wording final demand communication;
reviewed research pulled by R. Haskell re deductions claims in Pa.
Tue. Dec 24, 2013
0.40
Drafted and sent email to opposing counsel re settlement position and
their newly filed motion to dismiss.
Mon. Dec 30, 2013
1.00
Reviewed D's newly filed motion to dismiss and supporting paperwork;
office conference and email communication with R. Haskell re
discovery scheduling.
Tue. Dec 31, 2013
0.20
Email communication with Rachel Haskell re scheduling matters.
Tue. Jan 7, 2014
2.00
Email communication with R. Haskell re call with opposing counsel
and call with the court later in the day; telephone communication re
same; reviewed court's scheduling orders re upcoming deadlines in
prep for conf call advice for R Haskell; reviewed R Haskell damages
calculations in anticipation of providing advice to R Haskell on
appropriate settlement position to take during call; reviewed and
revised proposed letter to the court re new schedule in light of
continuing settlement discussions.
Tue. Jan 14, 2014
0.30
Office conferences with Rachel Haskell re settlement progress.
Wed. Jan 29, 2014
0.40
Email communication with opposing counsel re settlement; office
conferences and email communication with Rachel Haskell re same;
left VM for client re settlement.
Thu. Jan 30, 2014
0.50
Reviewed email from opposing counsel and proposed term sheet;
office conference with Rachel Haskell re response to term sheet and
settlement.
Mon. Feb 3, 2014
0.30
Office conference with Rachel Haskell re deadline extension; reviewed
draft correspondence to court re same; office conference with Rachel
Haskell re settlement updates.
Wed. Feb 5, 2014
0.20
Office and email communication with R. Haskell re telephone
conference call.
Thu. Mar 6, 2014
5.00
Reviewed and revise reply.
Page 8 of 9
Date
77-2 Filed
04/03/15 Page 9 of 63 PageID #: 882
Task/Activity
Description
Thu. May 1, 2014
Time (hrs)
0.40
Email and telephone communciation with Delita Jacobs re finalizing
and signing term sheet; office conference with R. haskell re same.
Tue. May 20, 2014
1.30
Telephone conference with opposing counsel re settlement agreement
terms; multiple office conferences with Rachel Haskel re settlement
terms and finalizing settlement paperwork; email with opposing
counsel re same.
Wed. May 21, 2014
0.50
Multiple office conferences with Rachel Haskel re settlement terms
and finalizing settlement paperwork; email with opposing counsel re
same.
Thu. May 22, 2014
0.50
Multiple office conferences with Rachel Haskell re settlement
agreement term negotiations & need for extension of deadline to file
brief; email communication re same.
Fri. May 30, 2014
0.20
Email communication with opposing counsel re settlement of class
claims.
Tue. Jun 3, 2014
1.30
Multiple meetings with Rachel Haskell re responding to email from
opposing counsel re setttlement and drafting letter to the court;
reviewed and and revised emailed to opposing counsel drafted by
rachel haskel re backing out of settlement.
Fri. Jun 6, 2014
0.20
Telephone communication with Rachel Haskell re updates.
Tue. Jun 17, 2014
0.70
Office conference with R. Haskell re latest damages calculation;
telephone conference with opposing counsel re same (and re need for
additional documents and damages information).
Tue. Jun 17, 2014
2.50
Conducted extensive research on minimum needed for representative
proof for settlement of class claims; reviewed bloomberg and reich
cases; discussed both with Rachel H.
Fri. Jun 27, 2014
0.30
Telephone call with client re updates in case.
Tue. Jul 1, 2014
6.50
Prepared for and attended informal mediation session at herrick with r.
haskell; one way travel.
Wed. Jul 23, 2014
0.50
Conference call.
Total Time:
217.10 Hrs
Page 9 of 9
Andrew Stoll's Time Entry Report
for Selected File:
Client ID:
Matter ID: 12CV4842
Date
Task/Activity Code
Wed. Sep 19, 2012
Time (hrs)
0.50
Review CD research
Fri. Dec 14, 2012
0.20
Reveiw Emails
Tue. Jul 9, 2013
1.10
Prep for Mediation
Wed. Jul 10, 2013
9.20
Prep for Mediation
Fri. Jul 12, 2013
9.70
Andrew at Mediation incorporate company one way travel; Emails after
conference concerning judges, status; Conference with CD; Research
Class Contact
Wed. Jul 17, 2013
CL
Class Litigation
2.00
Class Litigation Research whether court supervision is mandatory for
notifying potnetial class members (gulf Oil and progeny)
Conference with CD RE: likely participation rates
Mon. Jul 22, 2013
0.60
Review letter from Avery Mehlman
Conference with CD
Fri. Jul 26, 2013
CL
Class Litigation
0.50
Review Response to Letter Request for Motion Schedule; Class
Litigation
Tue. Aug 6, 2013
2.20
Init conf, prep, and review of new 2d Circuit case, Dejesus
Wed. Aug 7, 2013
1.20
Reveiw proposed amended complaint
Wed. Aug 7, 2013
0.40
Email to Riverkeeper
Thu. Aug 8, 2013
1.30
Research post Christopher cases w emphasis on 2d circuit and Judge
Block
Conference with CD
Sat. Aug 31, 2013
0.20
Reveiw Letter opposition to motion to dismiss
Printed by Andrew Stoll on Wed. Apr 1, 2015
Page 1 of 20
Date
77-2 Filed
04/03/15 Page 11 of 63 PageID #: 884
Task/Activity
Description
Fri. Sep 6, 2013
Time (hrs)
0.30
REveiw Reply to our answer to motion to dismiss
Fri. Oct 18, 2013
0.50
Conference with CD
Mon. Jul 28, 2014
0.10
Telephone call to Rachel Haskell - left message
Tue. Jul 29, 2014
0.10
Reveiw File, docket
Tue. Jul 29, 2014
0.40
Telephone call to Delita Jacobs - spoke
Tue. Jul 29, 2014
0.30
Email to Delita Jacobs
Tue. Jul 29, 2014
0.10
Email to Jonathan Adler
Tue. Jul 29, 2014
0.10
Email to rhaskell@stollglickman.com
Tue. Jul 29, 2014
0.10
Email to rhaskell@stollglickman.com
Tue. Jul 29, 2014
0.10
Email to Kathy Caminiti
Wed. Jul 30, 2014
0.10
Letter to the Court
Wed. Jul 30, 2014
0.40
Wed. Jul 30, 2014
0.60
Wed. Jul 30, 2014
0.20
Telephone call to Jonathan Adler - spoke
Wed. Jul 30, 2014
0.10
Thu. Jul 31, 2014
1.20
Reveiw Settlement Agreement; Teleconference with Court
Sat. Aug 2, 2014
0.10
Sun. Aug 3, 2014
0.30
Reveiw Settlement
Sun. Aug 3, 2014
0.10
Page 2 of 20
Date
77-2 Filed
04/03/15 Page 12 of 63 PageID #: 885
Task/Activity
Description
Sun. Aug 3, 2014
Time (hrs)
1.50
Client Office Visit
Mon. Aug 4, 2014
0.10
Mon. Aug 4, 2014
0.60
Telephone call to Bill Wickersham - spoke
Tue. Aug 5, 2014
0.10
Email to Scott Korenbaum
Tue. Aug 5, 2014
0.10
Review file for number of class members.
Sat. Aug 9, 2014
0.60
Letter to Court
Mon. Aug 11, 2014
0.30
Tue. Aug 12, 2014
0.40
Tue. Aug 12, 2014
0.10
Reveiw Final Settlement Agreement
Tue. Aug 12, 2014
0.10
Tue. Aug 12, 2014
0.10
Wed. Aug 13, 2014
4.30
Reveiw Settleent Agreement
Wed. Aug 13, 2014
0.20
Wed. Aug 13, 2014
0.20
Email to Bill Wickersham
Wed. Aug 13, 2014
0.10
Email to jadler@herrick.com
Wed. Aug 13, 2014
0.10
Wed. Aug 13, 2014
0.20
Telephone call to Kathy Caminiti - spoke
Thu. Aug 14, 2014
0.10
Email to rachel Haskell
Thu. Aug 14, 2014
0.20
Email to Desmond Pouncie
Letter to Desmond Pouncie
Page 3 of 20
Date
77-2 Filed
04/03/15 Page 13 of 63 PageID #: 886
Task/Activity
Description
Thu. Aug 14, 2014
Time (hrs)
1.80
Reveiw Setltment
Thu. Aug 14, 2014
0.10
Telephone call to Jonathan Adler - left message
Thu. Aug 14, 2014
0.10
Telephone call to Kathy Caminiti - left message
Thu. Aug 14, 2014
0.20
Thu. Aug 14, 2014
1.00
Thu. Aug 14, 2014
0.10
Email to rhaskell@workingsolutionsnyc.com
Thu. Aug 14, 2014
0.30
Draft consent to magistrate
Thu. Aug 14, 2014
0.10
Fri. Aug 15, 2014
0.30
Fri. Aug 15, 2014
0.40
Fri. Aug 15, 2014
0.20
Reveiw Dedeuctions
Sat. Aug 16, 2014
0.20
REveiw and amend settlement
Sat. Aug 16, 2014
0.50
Sat. Aug 16, 2014
0.30
Mon. Aug 18, 2014
0.10
Tue. Aug 19, 2014
0.10
Thu. Aug 21, 2014
0.30
Thu. Aug 21, 2014
0.20
Email to WWWickersham@rg2claims.com
Thu. Aug 21, 2014
0.10
Page 4 of 20
Date
77-2 Filed
04/03/15 Page 14 of 63 PageID #: 887
Task/Activity
Description
Fri. Aug 22, 2014
Time (hrs)
0.10
Fri. Aug 22, 2014
0.80
Work on final settlement Stip
Fri. Aug 22, 2014
0.10
Fri. Aug 22, 2014
0.10
Fri. Aug 22, 2014
0.10
Fri. Aug 22, 2014
0.10
Fri. Aug 22, 2014
0.40
Fri. Aug 22, 2014
0.10
Sat. Aug 23, 2014
0.20
Sat. Aug 23, 2014
0.90
Check class Formulas and allocations
Sat. Aug 23, 2014
0.70
Sat. Aug 23, 2014
0.70
Sat. Aug 23, 2014
0.10
Sat. Aug 23, 2014
7.80
Review Proposed Class Notice, Proposed Order, Motion for
settlement
Sat. Aug 23, 2014
0.10
Sat. Aug 23, 2014
0.30
Sun. Aug 24, 2014
1.30
Prepare Settlement Motion
Sun. Aug 24, 2014
0.10
Sun. Aug 24, 2014
0.10
Page 5 of 20
Date
77-2 Filed
04/03/15 Page 15 of 63 PageID #: 888
Task/Activity
Description
Sun. Aug 24, 2014
Time (hrs)
0.40
Mon. Aug 25, 2014
2.30
Motion for Settlement approval
Tue. Aug 26, 2014
0.10
Declaration ins spport of motion
Consent to Magistrate
Tue. Aug 26, 2014
0.20
Tue. Aug 26, 2014
0.20
Tue. Aug 26, 2014
2.00
Continued Damages Calculations
Tue. Aug 26, 2014
0.10
Telephone call to Bill Wickersham - left message
Tue. Aug 26, 2014
0.40
Tue. Aug 26, 2014
0.40
Tue. Aug 26, 2014
0.20
Email to jcall@herrick.com
Wed. Aug 27, 2014
0.80
Wed. Aug 27, 2014
0.70
Wed. Aug 27, 2014
0.50
Letter to Court
Wed. Aug 27, 2014
0.10
Wed. Aug 27, 2014
0.10
Wed. Aug 27, 2014
0.30
Wed. Aug 27, 2014
0.10
Email to bveron@laborlawyers.com;astoll@stollglickman.com
Wed. Aug 27, 2014
0.30
Thu. Aug 28, 2014
0.30
Letter to Court
Page 6 of 20
Date
77-2 Filed
04/03/15 Page 16 of 63 PageID #: 889
Task/Activity
Description
Fri. Aug 29, 2014
Time (hrs)
0.20
Fri. Aug 29, 2014
0.10
Fri. Aug 29, 2014
0.50
Damages Calculation
Fri. Aug 29, 2014
0.10
Email to Rachel Haskell
Fri. Aug 29, 2014
0.70
Reveiw File Communications
Fri. Aug 29, 2014
0.20
Fri. Aug 29, 2014
0.10
Email to rhaskell@workingsolutionsnyc.com
Wed. Sep 3, 2014
0.10
Wed. Sep 3, 2014
0.10
Wed. Sep 3, 2014
0.60
Fri. Sep 5, 2014
0.10
Tue. Sep 9, 2014
0.10
Fri. Sep 12, 2014
0.40
Work on settlement
Mon. Sep 15, 2014
0.10
Tue. Sep 16, 2014
0.10
Tue. Sep 16, 2014
0.10
Review Previously Supplied DIscovery
Thu. Sep 18, 2014
2.30
Review Discovery and prepare settlement
Thu. Sep 18, 2014
0.80
Thu. Sep 18, 2014
0.10
Page 7 of 20
Date
77-2 Filed
04/03/15 Page 17 of 63 PageID #: 890
Task/Activity
Description
Thu. Sep 18, 2014
Time (hrs)
0.10
Fri. Sep 19, 2014
0.20
Fri. Sep 19, 2014
0.30
Reveiw Damages
Fri. Sep 19, 2014
0.20
Fri. Sep 19, 2014
1.40
Sun. Sep 21, 2014
6.10
Mon. Sep 22, 2014
0.20
Mon. Sep 22, 2014
4.30
Damages Calculations
Tue. Sep 23, 2014
6.00
Reveiw damages- conference at Herrick firm with Jonathan Adler and
Kathy Caminetti
Tue. Sep 23, 2014
0.10
Wed. Sep 24, 2014
0.10
Redraft Settlement Papers.
Wed. Sep 24, 2014
0.30
Wed. Sep 24, 2014
2.20
Wed. Sep 24, 2014
0.10
Wed. Sep 24, 2014
0.10
Wed. Sep 24, 2014
.10
Thu. Sep 25, 2014
1.50
Finalize Settlement Paperwork- Rquet for Exclusion Form,
Fri. Sep 26, 2014
2.60
Prepare settlement papers
Fri. Sep 26, 2014
0.30
Page 8 of 20
Date
77-2 Filed
04/03/15 Page 18 of 63 PageID #: 891
Task/Activity
Description
Fri. Sep 26, 2014
Time (hrs)
0.10
Fri. Sep 26, 2014
0.10
Fri. Sep 26, 2014
0.20
Telephone call to Delita Jacobs - left message
Fri. Sep 26, 2014
0.30
Fri. Sep 26, 2014
0.10
Tue. Sep 30, 2014
0.20
Email to
jadler@herrick.com;astoll@stollglickman.com;kcaminiti@laborlawyer
s.com
Tue. Sep 30, 2014
0.80
Reveiw Adler and Caminetti comemnts
Tue. Sep 30, 2014
0.30
Email to jadler@herrick.com;astoll@stollglickman.com
Tue. Sep 30, 2014
3.70
Tue. Sep 30, 2014
0.40
Wed. Oct 1, 2014
0.20
Amend Settlement Agreement
Wed. Oct 1, 2014
0.30
Wed. Oct 1, 2014
2.90
Wed. Oct 1, 2014
0.10
Wed. Oct 1, 2014
1.10
Email to
WWWickersham@rg2claims.com;kcaminiti@laborlawyers.com;astoll
@stollglickman.com
Wed. Oct 1, 2014
0.20
Thu. Oct 2, 2014
0.90
Calculate Damages Specifically for Delita Jacobs and compare to
estimated payout
Thu. Oct 2, 2014
0.20
Page 9 of 20
Date
77-2 Filed
04/03/15 Page 19 of 63 PageID #: 892
Task/Activity
Description
Thu. Oct 2, 2014
Time (hrs)
0.10
Thu. Oct 2, 2014
0.10
Email to kcaminiti@laborlawyers.com
Thu. Oct 2, 2014
0.20
Thu. Oct 2, 2014
0.50
Thu. Oct 2, 2014
0.10
Thu. Oct 2, 2014
0.50
Thu. Oct 2, 2014
0.70
Thu. Oct 2, 2014
0.30
Fri. Oct 3, 2014
0.10
Fri. Oct 3, 2014
0.10
Fri. Oct 3, 2014
2.00
Work on Settlement Papers
Fri. Oct 3, 2014
1.90
Fri. Oct 3, 2014
0.10
Fri. Oct 3, 2014
0.90
Fri. Oct 3, 2014
0.10
Mon. Oct 6, 2014
1.00
Motion for settlement approval
Mon. Oct 6, 2014
2.00
Mon. Oct 6, 2014
0.10
Mon. Oct 6, 2014
0.10
Telephone call to Kathy Caminiti - left message
Page 10 of 20
Date
77-2 Filed
04/03/15 Page 20 of 63 PageID #: 893
Task/Activity
Description
Tue. Oct 7, 2014
Time (hrs)
2.80
Settlement Review
Tue. Oct 7, 2014
0.70
Tue. Oct 7, 2014
0.10
Tue. Oct 7, 2014
0.70
Tue. Oct 7, 2014
1.10
Tue. Oct 7, 2014
1.50
Email to jacobs_place@yahoo.com
Amended Complaint
Tue. Oct 7, 2014
0.10
Tue. Oct 7, 2014
0.30
Tue. Oct 7, 2014
1.00
Tue. Oct 7, 2014
0.30
Email to
MBaldwin@rg2claims.com;WWWickersham@rg2claims.com
Tue. Oct 7, 2014
0.10
Tue. Oct 7, 2014
0.20
Email to kcaminiti@laborlawyers.com;astoll@stollglickman.com
Wed. Oct 8, 2014
2.60
Memo in spupport of settlement
Wed. Oct 8, 2014
0.10
Wed. Oct 8, 2014
0.10
Wed. Oct 8, 2014
0.10
Wed. Oct 8, 2014
0.10
Wed. Oct 8, 2014
0.20
Page 11 of 20
Date
77-2 Filed
04/03/15 Page 21 of 63 PageID #: 894
Task/Activity
Description
Wed. Oct 8, 2014
Time (hrs)
0.70
Email to
s.com;bcossrow@laborlawyers.com
Wed. Oct 8, 2014
0.20
Email to
s.com;bcossrow@laborlawyers.com
Wed. Oct 8, 2014
0.60
Email to
kcaminiti@laborlawyers.com;jadler@herrick.com;astoll@stollglickma
n.com;bcossrow@laborlawyers.com
Wed. Oct 8, 2014
0.40
Wed. Oct 8, 2014
0.30
Wed. Oct 8, 2014
0.40
Wed. Oct 8, 2014
0.10
Research individualized damage notices
Wed. Oct 8, 2014
0.10
Wed. Oct 8, 2014
0.20
Email to WWWickersham@rg2claims.com;astoll@stollglickman.com
Thu. Oct 9, 2014
0.20
Thu. Oct 9, 2014
0.20
Fri. Oct 17, 2014
0.10
Fri. Oct 17, 2014
5.30
Preliminary Settlement Motion
Fri. Oct 17, 2014
1.30
Fri. Oct 17, 2014
2.40
Fri. Oct 17, 2014
0.10
Fri. Oct 17, 2014
0.30
Page 12 of 20
Date
77-2 Filed
04/03/15 Page 22 of 63 PageID #: 895
Task/Activity
Description
Fri. Oct 17, 2014
Time (hrs)
0.10
Fri. Oct 17, 2014
0.20
Fri. Oct 17, 2014
0.10
Fri. Oct 17, 2014
0.70
Fri. Oct 17, 2014
0.20
Fri. Oct 17, 2014
0.20
Sat. Oct 18, 2014
0.80
Delcaration and motion work
Sun. Oct 19, 2014
1.90
Declaration and Motion
Sun. Oct 19, 2014
0.10
Mon. Oct 20, 2014
0.30
Mon. Oct 20, 2014
0.10
Email to
kcaminiti@laborlawyers.com;astoll@stollglickman.com;jadler@herric
k.com
Mon. Oct 20, 2014
1.30
Mon. Oct 20, 2014
0.10
Telephone call to Magistrate Judge Steven M. Gold - left message
Mon. Oct 20, 2014
0.10
Telephone call from Magistrate Judge Steven M. Gold - spoke
Mon. Oct 20, 2014
1.90
Final Drafts of setlement agreement and declaration
Mon. Oct 20, 2014
0.10
Tue. Oct 21, 2014
0.10
Email to jtrafimow@moritthock.com
Tue. Oct 21, 2014
0.20
Email to jtrafimow@moritthock.com
Page 13 of 20
Date
77-2 Filed
04/03/15 Page 23 of 63 PageID #: 896
Task/Activity
Description
Wed. Oct 29, 2014
Time (hrs)
0.10
Email to WWWickersham@rg2claims.com;astoll@stollglickman.com
Wed. Nov 5, 2014
.10
Email to
Thu. Nov 6, 2014
0.10
Mon. Nov 10, 2014
0.10
Conference with SD
Tue. Nov 18, 2014
0.10
Email to
Tue. Nov 18, 2014
0.50
Prepare for conference with Court
Tue. Nov 18, 2014
0.90
Telephone call to Magistrate Judge Steven M. Gold and continued
conferenec with Jonathan Adler - spoke
Tue. Nov 18, 2014
0.20
Prepare additional letter to Court
Tue. Nov 18, 2014
0.10
Wed. Nov 19, 2014
.10
Email to A. Jonathan Trafinmow
Wed. Nov 19, 2014
0.20
Teleconference with Jonathan Trafimow
Sun. Nov 23, 2014
1.40
Correspondence to Court- Amended Class Notices
Sun. Nov 23, 2014
0.10
Mon. Nov 24, 2014
0.10
Sun. Nov 30, 2014
0.10
Mon. Dec 1, 2014
0.10
Fri. Dec 5, 2014
0.10
Mon. Dec 8, 2014
0.10
Page 14 of 20
Date
77-2 Filed
04/03/15 Page 24 of 63 PageID #: 897
Task/Activity
Description
Mon. Dec 8, 2014
Time (hrs)
0.10
Conference Rescheduling
Mon. Dec 8, 2014
0.10
Mon. Dec 8, 2014
0.60
Telephone call to Magistrate Judge Steven M. Gold - spoke
Prepare for conference
Mon. Dec 8, 2014
0.30
Email to Avery Mehlman
Mon. Dec 8, 2014
0.20
Email to
Mon. Dec 8, 2014
0.30
Telephone call to Magistrate Judge Steven M. Gold - spoke
Mon. Dec 8, 2014
0.70
Mon. Dec 8, 2014
0.10
Amend Notices
Mon. Dec 8, 2014
0.10
Mon. Dec 8, 2014
0.10
Tue. Dec 9, 2014
1.00
Amended Notices and correspondence with counsel
Thu. Dec 11, 2014
0.10
Email to
Thu. Dec 11, 2014
0.20
Create Website
Thu. Dec 11, 2014
0.10
Email to David DiNatale
Thu. Dec 11, 2014
0.10
Tue. Dec 16, 2014
0.40
Thu. Dec 18, 2014
0.30
Review timing for final hearing and disbursements
Cehck Documents for online filing
Fri. Dec 19, 2014
0.10
Page 15 of 20
Date
77-2 Filed
04/03/15 Page 25 of 63 PageID #: 898
Task/Activity
Description
Sat. Dec 20, 2014
Time (hrs)
0.70
Email to dave@w3on.com
Fri. Jan 9, 2015
0.90
Reveiw email from Bill Wickersham/ notices to go out
Wed. Jan 14, 2015
0.10
Wed. Jan 14, 2015
0.10
Wed. Jan 14, 2015
0.10
Wed. Jan 14, 2015
1.00
Thu. Jan 15, 2015
0.20
Reveiw Emails from Melissa Baldwin
Thu. Jan 15, 2015
0.10
Telephone call to Melissa Baldwin - left message
Thu. Jan 15, 2015
0.10
Email to
MBaldwin@rg2claims.com;jadler@herrick.com;kcaminiti@laborlawye
rs.com
Thu. Jan 15, 2015
0.30
Thu. Jan 15, 2015
0.30
Telephone call to Melissa Baldwin - spoke
Thu. Jan 15, 2015
0.20
Email to
rs.com
Thu. Jan 15, 2015
0.20
Email to
jadler@herrick.com;astoll@stollglickman.com;MBaldwin@rg2claims.c
om;kcaminiti@laborlawyers.com
Tue. Jan 20, 2015
0.10
Telephone call to Jahlil Jabello - spoke
Wed. Jan 21, 2015
0.20
Email to dave@w3on.com;astoll@stollglickman.com
Wed. Jan 21, 2015
0.10
Wed. Jan 21, 2015
0.10
Page 16 of 20
Date
77-2 Filed
04/03/15 Page 26 of 63 PageID #: 899
Task/Activity
Description
Wed. Jan 21, 2015
Time (hrs)
0.20
Fri. Jan 23, 2015
0.10
Email to Alan Hanson
Fri. Jan 23, 2015
0.10
Telephone call to Alan Hanson - spoke
Fri. Jan 23, 2015
0.10
Email to Tiara Williams
Fri. Jan 23, 2015
0.10
Telephone call to Tiara Williams - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Hakeem Chappelle - spoke
Mon. Jan 26, 2015
0.10
Email to Samuel Parker
Mon. Jan 26, 2015
0.10
Email to Samuel Parker
Mon. Jan 26, 2015
0.10
Telephone call to Samuel Parker - spoke
Mon. Jan 26, 2015
0.10
Email to Edouard Vilnea
Mon. Jan 26, 2015
0.10
Telephone call to Edouard Vilnea - spoke
Mon. Jan 26, 2015
0.10
Email to Tayonne Gaines
Wed. Jan 28, 2015
0.50
Email to
WWWickersham@rg2claims.com;sduaban@stollglickman.com
Thu. Jan 29, 2015
0.10
Review timing for fairness hearing
Thu. Jan 29, 2015
0.10
Thu. Jan 29, 2015
0.10
Thu. Jan 29, 2015
0.10
Email to Takia Hill
Thu. Jan 29, 2015
0.10
Telephone call to Takia Hill - spoke
Thu. Jan 29, 2015
0.20
Telephone call to Raynesha Davis - spoke
Page 17 of 20
Date
77-2 Filed
04/03/15 Page 27 of 63 PageID #: 900
Task/Activity
Description
Thu. Jan 29, 2015
Time (hrs)
0.10
Telephone call to Eric Topping - no answer
Mon. Feb 2, 2015
0.10
Email to Olanrewaju Majekodunmi
Tue. Feb 3, 2015
0.10
Telephone call to Foulishia Jean - spoke
Thu. Feb 12, 2015
0.10
Email to jadawntnelson@aol.com
Thu. Feb 12, 2015
0.20
Research other settlements and average number of opt outs
Fri. Feb 13, 2015
0.30
Review Class members claiming incorrect data
Tue. Feb 24, 2015
0.10
Email to jadler@herrick.com;
Wed. Feb 25, 2015
0.40
Email to
kcaminiti@laborlawyers.com;;jadler@herrick.com;;MBaldwin@rg2clai
ms.com
Wed. Feb 25, 2015
0.10
Wed. Feb 25, 2015
0.20
Fri. Feb 27, 2015
0.50
Fri. Feb 27, 2015
0.30
Reveiw Determination Letters
Fri. Feb 27, 2015
0.10
Email to
rs.com;;
Mon. Mar 2, 2015
0.20
Telephone call to Sol Jules - spoke
Tue. Mar 3, 2015
0.70
Letter to Court
Tue. Mar 3, 2015
0.20
Tue. Mar 3, 2015
1.60
Email to kcaminiti@laborlawyers.com;;jadler@herrick.com
Wed. Mar 4, 2015
0.20
Email to
Page 18 of 20
Date
77-2 Filed
04/03/15 Page 28 of 63 PageID #: 901
Task/Activity
Description
Fri. Mar 6, 2015
Time (hrs)
0.10
Telephone call to D'andre Hobbins - spoke
Mon. Mar 9, 2015
0.10
Mon. Mar 9, 2015
0.10
Mon. Mar 9, 2015
0.80
Mon. Mar 9, 2015
0.10
Wed. Mar 11, 2015
0.20
Email to MBaldwin@rg2claims.com
Wed. Mar 11, 2015
0.20
Mon. Mar 16, 2015
0.20
Email to kcaminiti@laborlawyers.com;
Mon. Mar 16, 2015
0.10
Email to kcaminiti@laborlawyers.com;
Mon. Mar 16, 2015
0.10
Email to Alena Zimbovich, Olisha Wright, Jakera Wright
Wed. Mar 18, 2015
0.10
Wed. Mar 18, 2015
0.60
Thu. Mar 19, 2015
0.30
Email to dave@w3on.com
Thu. Mar 19, 2015
1.80
Final Certification Motion
Sat. Mar 21, 2015
0.10
Wed. Mar 25, 2015
0.20
Work on proposed Court Order
Mon. Mar 30, 2015
1.70
Prepare Proposed Court Order Approving Settlement
Tue. Mar 31, 2015
4.40
Draft Proposed Court Order, Declaration, Motion
Tue. Mar 31, 2015
0.30
Page 19 of 20
Date
77-2 Filed
04/03/15 Page 29 of 63 PageID #: 902
Task/Activity
Description
Wed. Apr 1, 2015
Time (hrs)
4.00
Proposed court order, memorandum of law, motion for fees,
administrator fees, and incentive pay
Wed. Apr 1, 2015
0.10
Wed. Apr 1, 2015
0.30
Total Time:
201.30 Hrs
Page 20 of 20
Rachel Haskell's Time Entry Report
for Selected File:
Client ID:
Matter ID: 12CV4842
Date
Task/Activity Code
Thu. Jun 6, 2013
Time (hrs)
3.90
Research re: misclassification of outside sales exemption and illegal
deductions.
Fri. Jun 7, 2013
2.20
Research on illegal deductions and misclassification
Mon. Jun 10, 2013
2.60
Reserach
Tue. Jun 11, 2013
6.60
Met with C.Davis to discuss our arguments for the overtime claims and
what research we needed to do to support the arguments. Conducted
research on illegal deductions, salary basis test, and outside sales
exemption.
Wed. Jun 12, 2013
5.00
Research on Outside Sales exemption; illegal deductions; salary basis
test;
Thu. Jun 13, 2013
0.10
Thu. Jun 13, 2013
0.10
Telephone call to Desmond Pouncie - spoke
Thu. Jun 13, 2013
3.40
Drafted cover letter for production of documents; put together all client
documents to be produced in the pre-mediation exchange of
documents.
Mon. Jun 17, 2013
2.80
Meeting with D.Jacobs. Went through all of Defendants document
production.
Thu. Jun 20, 2013
0.10
Thu. Jun 20, 2013
0.10
Email correspondence with 'jacobs_place@yahoo.com'
Thu. Jun 27, 2013
2.80
miscellaneous
Fri. Jun 28, 2013
5.60
miscellaneous; Research
Printed by Rachel Haskell on Thu. Mar 19, 2015
Page 1 of 15
Date
77-2 Filed
04/03/15 Page 31 of 63 PageID #: 904
Task/Activity
Description
Fri. Jun 28, 2013
Time (hrs)
0.10
Email correspondence with A. Jonathan Trafimow
Fri. Jun 28, 2013
0.10
Email correspondence with Salka, Gregg
Fri. Jun 28, 2013
0.10
Mon. Jul 1, 2013
0.20
Conference with C.Davis re: research for mediation.
Mon. Jul 1, 2013
5.90
Research re: Illegal Deductions
Mon. Jul 1, 2013
0.90
Reviewing documents
Tue. Jul 2, 2013
4.90
Document Review in prep for mediation.
Tue. Jul 2, 2013
0.20
Office conference with C.Davis regarding evidence for mediation
statement
Wed. Jul 3, 2013
4.10
Document Review
Wed. Jul 3, 2013
0.20
E-mail correspondence with Adler, Jonathan
Wed. Jul 3, 2013
0.30
Confer with C.Davis re: what needs to be done in the Jacobs case.
Wed. Jul 3, 2013
0.10
Mon. Jul 8, 2013
0.10
Mon. Jul 8, 2013
11.20
Drafting Affidavit for Delita Jacobs for mediation including reviewing
Documents/potential exhibits for the mediation.
Mon. Jul 8, 2013
0.50
Confer with Delita regarding text messages and emails she may have
and any other loose ended questions
Mon. Jul 8, 2013
0.10
Tue. Jul 9, 2013
12.80
Affidavit for Delita; Research for Mediation Statement; Drafting section
of Mediations Statement; Document review for affidavit and
mediations statement
Tue. Jul 9, 2013
0.10
Page 2 of 15
Date
77-2 Filed
04/03/15 Page 32 of 63 PageID #: 905
Task/Activity
Description
Wed. Jul 10, 2013
Time (hrs)
14.10
Mediations preperation
Thu. Jul 11, 2013
10.50
At all-day mediation in Garden City.
Thu. Jul 25, 2013
0.50
miscellaneous
Fri. Jul 26, 2013
6.90
Discovery Requests
Mon. Jul 29, 2013
5.20
ESI Letter; Drafting Discovery requests; research for discovery
requests.
Tue. Jul 30, 2013
5.20
Drafting document requests
Tue. Jul 30, 2013
1.00
Research regarding discovery stay pending motion to dismiss.
Wed. Jul 31, 2013
0.20
Thu. Aug 1, 2013
1.20
Meet and Confer conference call with defendants; conference with
C.Davis prior to and afterwards regarding the call and discovery
issues.
Mon. Aug 5, 2013
4.80
miscellaneous
Tue. Aug 6, 2013
2.50
Draft proposed discovery plan for initial conference; attend initial
conference; research regarding exemption being decided at 12(b)(6)
and DeJesus.
Fri. Aug 9, 2013
1.10
Phone call with J.Adler re: Defendants edit to amended complaint.
Made final edits on amended complaint, ECF Amended Complaint.
Fri. Aug 9, 2013
0.30
Phone call to Judge Block and Judge Gold's chambers regarding
redlined copies
Tue. Aug 13, 2013
0.70
Email discovery requests to Defendants in Jacobs; Put together all
hard copies for snail mail.
Tue. Aug 13, 2013
1.10
Review of Sales call-in data to determine best way to sort through
data.
Wed. Aug 14, 2013
4.00
Reviewing call in dates/times to determine periods that people are
working
Thu. Aug 15, 2013
2.90
Reviewing call in data
Page 3 of 15
Date
77-2 Filed
04/03/15 Page 33 of 63 PageID #: 906
Task/Activity
Description
Thu. Aug 15, 2013
Time (hrs)
1.00
Research into the default "work week"
Fri. Aug 16, 2013
0.20
Emails with C.Davis regarding issues with data
Fri. Aug 16, 2013
0.50
Phone call with J. Adler
Fri. Aug 16, 2013
2.80
Review of call-in data
Tue. Aug 20, 2013
0.10
Phone call with J.Adler
Wed. Aug 21, 2013
0.70
Telephone call to John Adler - spoke about damages calculations
and assumptions.
Wed. Aug 21, 2013
0.50
Review of documents that state hours worked calculations.
Mon. Sep 23, 2013
1.50
Damages calculations
Tue. Sep 24, 2013
5.60
Review of TPV calls for purpose of determining damages
Wed. Sep 25, 2013
4.30
Damages calculations; office conference about damages calculations;
extrapolate time worked and weeks worked
Thu. Sep 26, 2013
0.10
Emails with J.Adler regarding damages documents/TPV call ins
Fri. Sep 27, 2013
0.30
Phone call with J.Adler to review data.
Tue. Oct 1, 2013
0.30
Fri. Oct 4, 2013
4.60
Mon. Oct 7, 2013
1.20
Tue. Oct 8, 2013
3.20
Tue. Oct 8, 2013
0.20
Phone call with J.Adler; email with J. Adler
Wed. Oct 9, 2013
4.90
Page 4 of 15
Date
77-2 Filed
04/03/15 Page 34 of 63 PageID #: 907
Task/Activity
Description
Wed. Oct 9, 2013
Time (hrs)
0.10
Office conference with C.Davis
Mon. Oct 14, 2013
4.20
Damages calculations; office conference with C.Davis regarding
assumptions; email to J.Adler regarding meeting with defense counsel
after Fridays court conference
Tue. Oct 15, 2013
5.20
Wed. Oct 16, 2013
6.80
Wed. Oct 16, 2013
0.20
Arrangements for meeting on Friday after court.
Fri. Oct 18, 2013
5.10
Court appearance for premotion conference, meet and confer with
opposing counsel re: assumptions and damages calculations.
Fri. Oct 18, 2013
2.10
Determination of the average hours that TPV class are made for 2010
and 2011.
Mon. Oct 21, 2013
3.20
Damages calculation--earliest time knocking on doors miscellaneous
Tue. Oct 22, 2013
5.90
Damages calculations for deductions and minimum wages
Wed. Oct 23, 2013
4.30
miscellaneous
Fri. Oct 25, 2013
5.80
Emails with J.Adler re example of stip; office conference with C.Davis
regarding planning and reviewing damages calculations for Min. Wage
Violations; Damages calculations for minimum wage violations
Mon. Oct 28, 2013
3.20
Damages calculations for minimum wage issue
Mon. Nov 4, 2013
3.60
Tue. Nov 5, 2013
2.20
Email to John Adler; finalize damages calculations
Wed. Nov 6, 2013
0.60
Email to John Adler
Wed. Nov 6, 2013
1.50
Finalize demand and recheck all calculations
Fri. Nov 8, 2013
0.20
Page 5 of 15
Date
77-2 Filed
04/03/15 Page 35 of 63 PageID #: 908
Task/Activity
Description
Fri. Nov 8, 2013
Time (hrs)
1.00
Office conference with C.Davis; review of letters from J. Adler; edits to
letter; phone call with Adler re: edits
Tue. Nov 19, 2013
0.10
Mon. Nov 25, 2013
0.10
Wed. Nov 27, 2013
0.10
Email correspondence with 'DELITA JACOBS', Chris Davis
(cdavis@stollglickman.com)
Thu. Dec 12, 2013
1.90
Putting together damages, putting together binder of documents for
negotiations
Fri. Dec 13, 2013
4.10
Settlement negotiations
Mon. Dec 16, 2013
0.90
Office Conference with C.Davis re: next steps and position on the
issues.
Tue. Dec 17, 2013
2.30
Research on Penn Deduction laws and gap time laws
Tue. Dec 17, 2013
0.60
Office conference with C.Davis re: research findings and what we want
to get across to Defendants.
Tue. Dec 17, 2013
0.40
Email to opposing counsel re: next moves in settlement demand
Mon. Jan 6, 2014
0.20
Phone call with J.Adler re continued settlement negotiations; court
conference; setting up a call with K.Caminiti
Tue. Jan 7, 2014
1.20
Conference Call with Judge Gold; Phone call with Adler and Caminiti
prior to phone call to discuss settlement structure questions.
Tue. Jan 7, 2014
0.40
Phone call and emails with C.Davis regarding prep for phone call with
J.Adler and K.Caminiti and subsequent call with J.Gold
Tue. Jan 7, 2014
0.90
Prep for phone call with J.Adler; review of settlement demand and
structure; review of case law for Penn wage deductions; review of
possible settlement structures.
Mon. Jan 13, 2014
0.20
Phone call with W.Wickersham re: fraud prevention when sending out
settlement checks.
Tue. Jan 14, 2014
0.60
Email to Jon and Kathy, email with W.Wickersham; office conference
with C.Davis re settlmeent
Page 6 of 15
Date
77-2 Filed
04/03/15 Page 36 of 63 PageID #: 909
Task/Activity
Description
Tue. Jan 21, 2014
Time (hrs)
0.10
Telephone call to Jonathan Adler - message
Thu. Jan 30, 2014
0.10
Telephone call from Jonathan Adler - spoke
Thu. Jan 30, 2014
0.40
Office conference with C.Davis re: phone call with J.Adler, terms
sheet, and settlement possibilities
Fri. Jan 31, 2014
0.60
Fri. Jan 31, 2014
0.40
Email exchange with J.Adler re settlement and terms sheet
Mon. Feb 3, 2014
0.10
Office conference with C.Davis re settlement
Mon. Feb 3, 2014
0.30
Office conference with C.Davis regarding settlement discussions;
Mon. Feb 3, 2014
0.50
Drafting letter to court re status of settlement
Mon. Feb 3, 2014
0.10
Emails with J. Adler re settlement negotiations
Tue. Feb 11, 2014
0.70
Emails with J.Adlar re letter to the court; review letter to the court; ECF
letter to the court;
Tue. Feb 11, 2014
0.50
Phone call with J.Adlar and K.Caminiti re settlement and "shake
hands" agreement over the phone for $700,000.
Wed. Feb 12, 2014
0.20
Review C.Davis edits to the terms sheet
Fri. Feb 21, 2014
0.10
Email with J.Adler and K.Caminiti re phone calls and terms sheet
Fri. Feb 21, 2014
0.50
Review terms sheet; office conference with C.Davis re same
Mon. Feb 24, 2014
0.60
Phone call with J.Adler and K.Caminiti re terms sheet; office
conference with C.Davis re same.
Wed. Mar 5, 2014
0.10
Wed. Mar 5, 2014
0.20
Office conference with C.Davis re settlement negotiations;
conversations with mediator; etc.
Wed. Mar 5, 2014
0.50
Phone call with A.Jonathan Tarfinmow re case and settlement and
certain issues we have run up against.
Page 7 of 15
Date
77-2 Filed
04/03/15 Page 37 of 63 PageID #: 910
Task/Activity
Description
Wed. Mar 5, 2014
Time (hrs)
0.10
Wed. Mar 5, 2014
0.10
Wed. Mar 5, 2014
0.10
Wed. Mar 5, 2014
0.10
Email correspondence with 'A. Jonathan Trafimow'
Mon. Mar 10, 2014
0.20
Mon. Mar 10, 2014
0.10
Mon. Mar 10, 2014
0.10
Mon. Mar 10, 2014
0.10
Mon. Mar 10, 2014
0.10
Mon. Mar 10, 2014
0.10
Mon. Mar 10, 2014
0.10
Mon. Mar 10, 2014
0.10
Mon. Mar 10, 2014
0.10
Mon. Mar 17, 2014
0.10
Tue. Mar 18, 2014
0.10
Tue. Mar 18, 2014
0.10
Tue. Mar 18, 2014
0.10
Mon. Mar 24, 2014
0.10
Email correspondence with jacobs_place@yahoo.com
Mon. Mar 24, 2014
0.10
Page 8 of 15
Date
77-2 Filed
04/03/15 Page 38 of 63 PageID #: 911
Task/Activity
Description
Tue. Mar 25, 2014
Time (hrs)
0.10
Tue. Mar 25, 2014
0.10
Tue. Mar 25, 2014
0.10
Tue. Mar 25, 2014
0.10
Wed. Mar 26, 2014
0.10
Wed. Mar 26, 2014
0.10
Wed. Mar 26, 2014
0.10
Fri. Apr 4, 2014
0.10
Email correspondence with DELITA JACOBS
Fri. Apr 4, 2014
0.10
Email correspondence with DELITA JACOBS
Fri. Apr 4, 2014
0.10
Email correspondence with 'DELITA JACOBS'
Fri. Apr 4, 2014
0.10
Mon. Apr 7, 2014
0.20
E-mail correspondence with 'DELITA JACOBS'
Wed. Apr 9, 2014
0.20
Draft letter to the court re extension
Wed. Apr 9, 2014
0.20
Wed. Apr 9, 2014
0.10
Office conference with C.Davis re: Jacobs settlement
Wed. Apr 9, 2014
0.10
Email to opposing counsel re letter for extension
Tue. Apr 15, 2014
0.10
E-mail correspondence with jacobs_place@yahoo.com
Thu. Apr 17, 2014
0.10
Email correspondence with jacobs_place@yahoo.com, Chris Davis
Tue. Apr 22, 2014
0.10
Page 9 of 15
Date
77-2 Filed
04/03/15 Page 39 of 63 PageID #: 912
Task/Activity
Description
Time (hrs)
Wed. Apr 23, 2014
0.10
Tue. Apr 29, 2014
0.10
Wed. Apr 30, 2014
0.10
Fri. May 2, 2014
3.80
Drafting of stip of settlement
Mon. May 5, 2014
0.10
Mon. May 5, 2014
7.90
Drafting Preliminary approval motion; stip of settlement; declaration;
notices; request for exclusion; Proposed Order
Tue. May 6, 2014
2.60
Drafting memorandum of law
Tue. May 6, 2014
1.30
Research for D.Jacobs preliminary approval motion; review of Orgill;
review of Patcher; research 3rd circuits approval of Rule 23 class
actions with FLSA collective actions
Wed. May 7, 2014
0.10
Phone call to D.Jacobs -- left message
Wed. May 7, 2014
3.80
Memo of law and declaration.
Wed. May 7, 2014
0.10
Email to J.Adler and K.Caminiti re settlement agreement.
Fri. May 9, 2014
0.10
Review of emails from J.Adler and K.Caminiti
Fri. May 9, 2014
0.20
Mon. May 12, 2014
0.40
E-mail correspondence with 'Adler, Jonathan' -- reviewed letter to
court he sent, edits to letter to court, emailed edited version, set new
date in AMICUS
Mon. May 19, 2014
0.10
E-mail correspondence with 'Adler, Jonathan'
Mon. May 19, 2014
0.10
E-mail correspondence with Wickersham, William W.
Mon. May 19, 2014
0.10
E-mail correspondence with 'Wickersham, William W.'
Page 10 of 15
Date
77-2 Filed
04/03/15 Page 40 of 63 PageID #: 913
Task/Activity
Description
Mon. May 19, 2014
Time (hrs)
0.80
Review settlement agreement mark up
Mon. May 19, 2014
0.10
E-mail correspondence with 'Caminiti, Kathleen';'Adler, Jonathan'
Mon. May 19, 2014
0.10
Mon. May 19, 2014
0.10
Tue. May 20, 2014
0.20
(jadler@herrick.com);kcaminiti@laborlawyers.com
Tue. May 20, 2014
0.50
E-mail correspondence with 'Wickersham, William W.'; Phone call with
Wickersham re damages calculations
Tue. May 20, 2014
0.30
E-mail correspondence with 'Wickersham, William W.'; phone call with
Wickersham re damages calculations for settlement agreement.
Tue. May 20, 2014
0.10
Tue. May 20, 2014
4.40
Review of settlement agreement/damages methodology. Review of
NYLL and Penn Wage Law re: deductions to better understand the
March 2012 and Oct. 9, 2013 date put into settlement agreement;
review data provided by D's for mediation to figure out how Bill could
possible calculate the costs to determine damages.
Wed. May 21, 2014
4.10
Reviewing issues surround settlement stipulation; class size being
almost 30% larger than anticipated based on the 7% sample provided;
discussions with C.Davis and W.Wickersham regarding issues of data
and methodology.
Wed. May 21, 2014
0.10
Wed. May 21, 2014
0.10
Wed. May 21, 2014
0.10
E-mail correspondence with 'Caminiti, Kathleen'
Thu. May 22, 2014
0.50
Phone call with Jon Adler
Thu. May 22, 2014
0.50
Finalize letter and ECF letter for extension
Page 11 of 15
Date
77-2 Filed
04/03/15 Page 41 of 63 PageID #: 914
Task/Activity
Description
Thu. May 22, 2014
Time (hrs)
0.60
Office conference with C.Davis about phone call with Alder, and the
possibility of the settlement blowing up
Thu. May 22, 2014
0.10
E-mail correspondence with 'A. Jonathan Trafimow'
Thu. May 22, 2014
0.10
Tue. May 27, 2014
3.10
Office conference with C.Davis re settlement possibly blowing up,
actual size of class, review of emails and other correspondence
regarding sampling protocol
Tue. May 27, 2014
0.10
E-mail correspondence with Adler, Jonathan (jadler@herrick.com)
Wed. May 28, 2014
0.40
Office conference with C.Davis re email sent last night about class
size; office conference with C.Davis re discovery v. Motion to dismiss
and not staying discovery pending the MTD
Mon. Jun 2, 2014
0.10
E-mail correspondence with 'Adler, Jonathan';'Chris Davis'
Tue. Jun 3, 2014
0.70
Office conference with C.Davis re: next steps; i.e. How long do we give
Defendants, correspondence to the court, and case law on sampling
issues.
Tue. Jun 3, 2014
2.20
Research case law on rejections of settlements based on improper
sampling and plaintiffs not getting a good deal
Tue. Jun 3, 2014
1.90
Wed. Jun 4, 2014
0.70
Telephone call from Kathleen Caminiti - spoke
Wed. Jun 4, 2014
0.50
Office conference with Cdavis re conversation with K.Caminiti.
Wed. Jun 4, 2014
0.20
Email to K.Caminiti
Mon. Jun 9, 2014
0.20
Email correspondence with 'Caminiti, Kathleen', 'Adler, Jonathan',
'Cossrow, Brent', 'Veron, Beth', Chris Davis
(cdavis@stollglickman.com) re sending us the class list and dates
worked and setting up a meeting; Office conference with C.Davis re
same
Tue. Jun 17, 2014
0.50
Phone call with K.Caminiti and J.Adler
Page 12 of 15
Date
77-2 Filed
04/03/15 Page 42 of 63 PageID #: 915
Task/Activity
Description
Tue. Jun 17, 2014
Time (hrs)
0.30
Office conference with C.Davis regarding sample size and altering the
sample to create something that is representative
Tue. Jun 17, 2014
1.10
Review of the full class list and figuring out whether it is representative
Tue. Jun 17, 2014
0.90
Altering the sample I have to create something which is actually
representative of the whole class
Wed. Jun 18, 2014
5.00
Generating new sample and conducting calculations based off of a 2.5
representative sample
Wed. Jun 18, 2014
1.10
Email to J.Adler and K.Caminiti regarding the generated sample and
the calculations based off of such
Fri. Jun 20, 2014
0.50
Review email from J.Adler regarding his requested information and
reply email with as much information as I could provide
Mon. Jun 23, 2014
0.20
E-mail correspondence with 'Caminiti, Kathleen' and create list on the
Reps left out.
Wed. Jun 25, 2014
0.10
Email to K.Caminiti and J.Adler re setting up a date to meet
Mon. Jun 30, 2014
0.10
Mon. Jun 30, 2014
0.10
E-mail correspondence with 'Adler,
Jonathan';'kcaminiti@laborlawyers.com'
Tue. Jul 1, 2014
0.20
Telephone call from Jonathan Adler - spoke
Tue. Jul 1, 2014
1.50
Prep for meeting
Tue. Jul 1, 2014
6.00
Jacobs meeting at Herrick -
Tue. Jul 1, 2014
0.10
E-mail correspondence with 'Mehlman, Avery';'Adler, Jonathan'
Tue. Jul 1, 2014
0.10
E-mail correspondence with Mehlman, Avery
Tue. Jul 1, 2014
0.10
Tue. Jul 1, 2014
0.10
Page 13 of 15
Date
77-2 Filed
04/03/15 Page 43 of 63 PageID #: 916
Task/Activity
Description
Tue. Jul 1, 2014
Time (hrs)
0.10
Wed. Jul 2, 2014
0.30
Email to D.Jacobs regarding the breakdown.
Wed. Jul 2, 2014
0.10
Mon. Jul 7, 2014
0.10
E-mail correspondence with 'Adler, Jonathan';'Wickersham, William
W.';'kcaminiti@laborlawyers.com'
Mon. Jul 7, 2014
0.10
E-mail correspondence with 'Wickersham, William W.';'Adler,
Wed. Jul 9, 2014
0.10
E-mail correspondence with 'Caminiti, Kathleen';'Wickersham, William
W.';'Adler, Jonathan'
Wed. Jul 9, 2014
0.20
Set up conference dial in for call with all counsel and bill wickersham
Thu. Jul 10, 2014
0.70
Thu. Jul 10, 2014
1.20
Settlement agreement round 2
Thu. Jul 10, 2014
0.10
Fri. Jul 11, 2014
3.10
Drafting round 2 settlement agreement
Fri. Jul 11, 2014
0.20
Phone call with W.Wickersham re administration fees
Fri. Jul 11, 2014
0.10
Wed. Jul 16, 2014
0.20
Wed. Jul 16, 2014
0.10
E-mail correspondence with kcaminiti@laborlawyers.com;Adler,
Jonathan (jadler@herrick.com)
Mon. Jul 21, 2014
0.10
E-mail correspondence with Wickersham, William W.
Mon. Jul 21, 2014
0.10
Page 14 of 15
Date
77-2 Filed
04/03/15 Page 44 of 63 PageID #: 917
Task/Activity
Description
Tue. Jul 22, 2014
Time (hrs)
0.10
Tue. Jul 22, 2014
0.10
Tue. Jul 22, 2014
0.10
Tue. Jul 22, 2014
0.10
Tue. Jul 22, 2014
0.10
Wed. Jul 23, 2014
1.00
Drafting settlement agreement.
Wed. Jul 23, 2014
4.40
Preliminary motions; notices; settlement agreement/stip; proposed
order
Wed. Jul 23, 2014
0.10
E-mail correspondence with jacobs_place@yahoo.com with draft of
settlement agreement
Wed. Jul 23, 2014
0.20
Telephone call from Bill Wickersham - spoke
Wed. Jul 23, 2014
0.20
Telephone call from Jonathan Adler, Bill Wickersham - spoke
Wed. Jul 23, 2014
0.10
(jadler@herrick.com);kcaminiti@laborlawyers.com;Wickersham,
William W.;Baldwin, Melissa E (MBaldwin@rg2claims.com)
Wed. Jul 23, 2014
0.10
E-mail correspondence with kcaminiti@laborlawyers.com;Adler,
Jonathan (jadler@herrick.com)
Thu. Jul 24, 2014
4.20
Drafting brief
Sun. Jul 27, 2014
0.60
Review of K.Caminiti's edits to the settlement agreement
Mon. Jul 28, 2014
1.10
Review of edits to the notices and settlement agreement
Mon. Jul 28, 2014
0.10
Total Time:
332.20 Hrs
Page 15 of 15
Saranicole Duaban's Time Entry Report
for Selected File:
Client ID:
Matter ID: 12CV4842
Date
Task/Activity Code
Fri. Oct 3, 2014
Time (hrs)
1.50
Drafted second amended complaint
Fri. Oct 3, 2014
0.90
Edited second amended complaint
Mon. Oct 6, 2014
0.90
Edited PA causes of action in second amended complaint
Tue. Jan 20, 2015
0.10
Telephone call to Danielle Todd - spoke
Tue. Jan 20, 2015
0.20
Telephone call to Denise Willis - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Jenulle Haynes - spoke
Wed. Jan 21, 2015
0.10
Telephone call to Rondell Holder - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Lloyd Winkfield - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Dirian Martinez - spoke
Wed. Jan 21, 2015
0.30
Telephone call to Latoya Payton - spoke
Wed. Jan 21, 2015
0.10
Telephone call to Michael Gilyard - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Zamere Howard - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Kathy Williams - spoke; Telephone call to Kiera
Alexander - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Brittney Smith - spoke; Telephone call to Jessica
DeJesus - left message
Wed. Jan 21, 2015
0.10
Telephone call to William Hopkins - spoke
Printed by Saranicole Duaban on Wed. Apr 1, 2015
Page 1 of 19
Date
77-2 Filed
04/03/15 Page 46 of 63 PageID #: 919
Task/Activity
Description
Wed. Jan 21, 2015
Time (hrs)
0.20
Telephone call to Linda Taylor - spoke
Wed. Jan 21, 2015
0.30
Telephone call to Steven May - spoke; Telephone call to Erick Spady spoke
Wed. Jan 21, 2015
0.20
Telephone call to Luis Reyes - spoke; Telephone call to Andrew
Davis - left message
Wed. Jan 21, 2015
0.40
Telephone call to Kristal Sanders - spoke; Telephone call to Munajj
Bishop - spoke; Telephone call to Brittney Smith - left message
Wed. Jan 21, 2015
0.20
Telephone call to Tia Mccandless - spoke
Wed. Jan 21, 2015
0.10
Telephone call to Jessica DeJesus - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Joseph Kennedy - spoke
Wed. Jan 21, 2015
0.40
Telephone call to Degila Grissin - spoke; Telephone call to Antonette
Earle - spoke; Telephone call to Tiffany Lee - left message; Telephone
call to Patricia Smith - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Tiffany Lee - spoke
Wed. Jan 21, 2015
0.30
Telephone call to Danijah Latimore - spoke
Wed. Jan 21, 2015
0.10
Telephone call to Kathleen Chandler - spoke
Wed. Jan 21, 2015
0.20
Telephone call to Donnell Wiggin - spoke
Thu. Jan 22, 2015
0.10
Telephone call to Princess Williams - spoke
Thu. Jan 22, 2015
0.30
Telephone call to Rodney Pearson - spoke
Thu. Jan 22, 2015
0.40
Telephone call to Christina Byard - spoke; Telephone call to Tamara
Rodgers - spoke; Telephone call to Tyra Williams - left message;
Telephone call to Ashley Benson - left message
Thu. Jan 22, 2015
0.10
Telephone call to Kia Boynes - spoke
Thu. Jan 22, 2015
0.10
Telephone call to Shazzmina Byard - spoke
Page 2 of 19
Date
77-2 Filed
04/03/15 Page 47 of 63 PageID #: 920
Task/Activity
Description
Thu. Jan 22, 2015
Time (hrs)
0.10
Meeting with one of the class action plaintiffs
Thu. Jan 22, 2015
0.10
Telephone call to Tamika Bolden - spoke
Thu. Jan 22, 2015
0.30
Telephone call to Tamerra Wood - spoke; Telephone call to
Shazzmina Byard - spoke
Thu. Jan 22, 2015
0.10
Telephone call to Orlando acevedo - spoke
Thu. Jan 22, 2015
0.20
Telephone call to Douglass Morales - spoke Telephone call to
Shadera Harrod - spoke
Thu. Jan 22, 2015
0.10
Telephone call to Keilana Mungin - spoke
Thu. Jan 22, 2015
0.20
Telephone call to natalie Jordan - spoke
Thu. Jan 22, 2015
0.20
Telephone call to cleon mcinthosh - spoke; Telephone call to Jerome
Alexander - left message
Thu. Jan 22, 2015
0.10
Telephone call to Tiffany Lee - left message
Thu. Jan 22, 2015
0.20
Telephone call to Micheal Phillips - spoke
Thu. Jan 22, 2015
0.10
Telephone call to ideeya sample - spoke
Thu. Jan 22, 2015
0.10
Telephone call to Tevin Adams - spoke
Thu. Jan 22, 2015
0.10
Telephone call to Juan Lopez - spoke
Thu. Jan 22, 2015
0.20
Telephone call to Marion Slockbower - spoke
Thu. Jan 22, 2015
0.20
Telephone call to Jalene Navarre - spoke; Telephone call to Raven
Howard - spoke
Thu. Jan 22, 2015
0.20
Telephone call to Akindayo Oladapo - spoke; Telephone call to
michelle brown - spoke
Thu. Jan 22, 2015
0.20
Telephone call to Kesha Wilson McCowl - spoke; Telephone call to
D. Brown - left message
Thu. Jan 22, 2015
0.10
Telephone call to Jasmine Pierce - spoke
Page 3 of 19
Date
77-2 Filed
04/03/15 Page 48 of 63 PageID #: 921
Task/Activity
Description
Thu. Jan 22, 2015
Time (hrs)
0.10
Telephone call to Tysisha Glassgow - spoke
Thu. Jan 22, 2015
0.10
Telephone call to D. Brown - spoke
Thu. Jan 22, 2015
0.10
Telephone call to Marion Slockbower - spoke
Thu. Jan 22, 2015
0.10
Telephone call to Pearl Sampson - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Jessica Saab - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Jessica Saab - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Krystle Semidey - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Phong Chung - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Antanaya Mazzccua - spoke
Fri. Jan 23, 2015
0.20
Telephone call to Vadim Abdrakhmanov - spoke
Fri. Jan 23, 2015
0.10
Telephone call to George Gilmore - spoke
Fri. Jan 23, 2015
0.40
Telephone call to Shantelle Parker - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Tyrria Williams - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Laniece Mercer - spoke
Fri. Jan 23, 2015
0.30
Telephone call to Matthew Bowen - spoke; Telephone call to Leo
Sampson - spoke; Telephone call to Sahar Ismail - spoke
Fri. Jan 23, 2015
0.20
Telephone call to Taenisha Smith - spoke; Telephone call to Donovan
Wesley - spoke
Fri. Jan 23, 2015
0.10
Telephone call to joseph cawley - spoke
Fri. Jan 23, 2015
0.20
Telephone call to Mariah Green - spoke; Telephone call to Cindy
Livingston - spoke
Page 4 of 19
Date
77-2 Filed
04/03/15 Page 49 of 63 PageID #: 922
Task/Activity
Description
Fri. Jan 23, 2015
Time (hrs)
0.30
Telephone call to Alena Zimbovich - spoke; Telephone call to
Shanyda Hammond - spoke
Fri. Jan 23, 2015
0.30
Telephone call to latik Short - spoke; Telephone call to Andrew Davis
- spoke
Fri. Jan 23, 2015
0.20
Telephone call to Yolanda Novoa - spoke; Telephone call to Corey
Atias - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Pearl Sampson - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Elijah Davis - spoke
Fri. Jan 23, 2015
0.20
Telephone call to Olanrewaju Majekodunmi - spoke; Telephone call to
Nishiara Legister - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Linda Miranda
- spoke
Fri. Jan 23, 2015
0.10
Telephone call to Leo Sampson - spoke
Fri. Jan 23, 2015
0.10
Telephone call to Tanganyika Rice - spoke
Mon. Jan 26, 2015
0.10
Telephone call to Narcissus Dutton - spoke
Mon. Jan 26, 2015
0.20
Telephone call to Antoine Waldron - spoke
Mon. Jan 26, 2015
0.30
Telephone call to Tawana Andrews - spoke
Mon. Jan 26, 2015
0.20
Telephone call to Matanael Negron - spoke; Telephone call to
Vladamir Abreu - spoke
Mon. Jan 26, 2015
0.10
Telephone call to Ronnie Banks - spoke
Mon. Jan 26, 2015
0.10
Telephone call to Verleria Thomas - spoke
Mon. Jan 26, 2015
0.30
Telephone call to Joseph Cawley - spoke; Telephone call to Abgail
Wiltz - spoke; Telephone call to Lance Molina - spoke
Mon. Jan 26, 2015
0.10
Telephone call to Devon Slippen - spoke
Mon. Jan 26, 2015
0.20
Telephone call to Dmytro Trykoza - spoke
Page 5 of 19
Date
77-2 Filed
04/03/15 Page 50 of 63 PageID #: 923
Task/Activity
Description
Mon. Jan 26, 2015
Time (hrs)
0.10
Telephone call to Mark Schroeder - spoke
Mon. Jan 26, 2015
0.40
Telephone call to Travis Prawl - spoke; Telephone call to Jeffrey
Dawson - left message; Telephone call to Nathanial Childs - left
message
Mon. Jan 26, 2015
0.40
Telephone call to Jeffrey Dawson - spoke; Telephone call to Daniel
Kennon - spoke; Telephone call to Nathanial Childs - spoke
Mon. Jan 26, 2015
0.10
Telephone call to Sol Loucette Jules - spoke
Mon. Jan 26, 2015
0.10
Telephone call to Charles Phillips - spoke
Mon. Jan 26, 2015
0.40
Telephone call to Sabrina Blackman - spoke
Mon. Jan 26, 2015
0.20
Telephone call to Jason Shakesphere - spoke; Telephone call with
Olanrewaju Majekodunmi - Spoke
Mon. Jan 26, 2015
0.40
Telephone call to Ashaley Etienne - spoke; Telephone call to Samuel
Parker - spoke; Telephone call to Alana Brissett - left message
Mon. Jan 26, 2015
0.30
Telephone call to Bashir Edwards - spoke; Telephone call to Eric
Carving - left message; Telephone call to Darnell Jones - spoke
Mon. Jan 26, 2015
0.10
Telephone call to Calvin Sharpe - spoke
Mon. Jan 26, 2015
0.10
Telephone call to Kiana Davidson - no answer
Mon. Jan 26, 2015
0.50
Emailed new addresses to claims adminstrator
Tue. Jan 27, 2015
0.10
Telephone call to Eric Carving - spoke
Tue. Jan 27, 2015
0.10
Telephone call to Drew Alexander - spoke
Tue. Jan 27, 2015
0.20
Telephone call to Phillip Hanack - spoke
Tue. Jan 27, 2015
0.20
Telephone call to Elizabeth Miranda-Pastrana - spoke
Wed. Jan 28, 2015
0.30
Telephone call to Scott Duncan - spoke
Page 6 of 19
Date
77-2 Filed
04/03/15 Page 51 of 63 PageID #: 924
Task/Activity
Description
Wed. Jan 28, 2015
Time (hrs)
0.20
Telephone call to Cory Reeves - left message; Telephone call to Jesy
Pierre - spoke
Wed. Jan 28, 2015
0.10
Telephone call to Meshe Miller - spoke
Wed. Jan 28, 2015
0.20
Telephone call to Kaseem Reese - spoke
Wed. Jan 28, 2015
0.40
Telephone call to Zakia Jackson Cosby - spoke; Telephone call to
Kory alexander Reese - spoke; Telephone call to Sol Jules - spoke;
Telephone call to Robert Clark - spoke
Wed. Jan 28, 2015
0.40
Telephone call to Tanario Sanders - spoke
Wed. Jan 28, 2015
0.30
Telephone call to James Robinson - spoke; Telephone call to Tiffany
Murry - left message; Telephone call to Yvonne Jones - spoke
Wed. Jan 28, 2015
0.20
E-mailed settlement adminstrator
Wed. Jan 28, 2015
0.10
Telephone call to Lakisha Arlington - spoke
Mon. Feb 2, 2015
0.10
Telephone call with Patricia Saunders, Patricia Saunders - Spoke
Mon. Feb 2, 2015
0.10
Telephone call to Gary Mines - spoke
Mon. Feb 2, 2015
0.10
Telephone call to Glendale Lawson - spoke
Mon. Feb 2, 2015
0.20
Telephone call to Darnell Jones - spoke
Mon. Feb 2, 2015
0.20
Telephone call to Brian Tillman - spoke; Telephone call to Lance
Jenkins - spoke
Mon. Feb 2, 2015
0.10
Telephone call to Odari Birthwright - spoke
Mon. Feb 2, 2015
0.20
Telephone call to Lance Jenkins - spoke
Mon. Feb 2, 2015
0.10
Telephone call to Edna King - spoke
Mon. Feb 2, 2015
0.20
Telephone call to Alonzo Dario - spoke
Page 7 of 19
Date
77-2 Filed
04/03/15 Page 52 of 63 PageID #: 925
Task/Activity
Description
Mon. Feb 2, 2015
Time (hrs)
0.20
Telephone call to Edna King - spoke; Telephone call to Yashanna
Davis - spoke
Mon. Feb 2, 2015
0.10
Telephone call to Eric Tomkin Jr. - left message
Mon. Feb 2, 2015
0.10
Telephone call to Daniel Bustamante - spoke
Mon. Feb 2, 2015
0.20
Telephone call to Maurice Foster - spoke; Telephone call to
Alexander Montijo - spoke
Mon. Feb 2, 2015
0.10
Telephone call to Latoya Lewis - spoke
Mon. Feb 2, 2015
0.10
Telephone call to Anthony Ginyard - spoke
Mon. Feb 2, 2015
0.10
Telephone call to Quintin Wesley - spoke
Mon. Feb 2, 2015
0.20
Telephone call to Ifrain Berrios - spoke
Mon. Feb 2, 2015
0.20
Telephone call to Vadim Abdrakhmanov - spoke
Tue. Feb 3, 2015
0.10
Telephone call to Quintin Wesley - spoke
Tue. Feb 3, 2015
0.40
Corresponded with client
Tue. Feb 3, 2015
0.10
Telephone call to Vincent Dukes - spoke
Tue. Feb 3, 2015
0.20
Telephone call to Bernadette Perkins - spoke; Telephone call to
Dominic Smith - spoke
Tue. Feb 3, 2015
0.10
Tue. Feb 3, 2015
0.10
Telephone call to Timothy Moore - spoke
Tue. Feb 3, 2015
0.20
Telephone call to Meleila McClary - spoke
Tue. Feb 3, 2015
0.40
Tue. Feb 3, 2015
0.20
Telephone call to Nasser Mouane - spoke
Page 8 of 19
Date
77-2 Filed
04/03/15 Page 53 of 63 PageID #: 926
Task/Activity
Description
Tue. Feb 3, 2015
Time (hrs)
0.20
Telephone call to Jobanie Diaz - spoke; Telephone call to Angelica
Martinez - spoke
Tue. Feb 3, 2015
0.10
Telephone call to Sabrina Blackman - spoke
Wed. Feb 4, 2015
0.10
Telephone call to Gendle Lawson - spoke
Wed. Feb 4, 2015
0.40
Telephone call to Stanley Wells - spoke; Telephone call to Eric
Topping - spoke; Telephone call to Franchesca Myrthil - no answer
Wed. Feb 4, 2015
0.10
Telephone call to Gloria Thomas - left message
Wed. Feb 4, 2015
0.20
Telephone call to Kenda Maybank - spoke
Wed. Feb 4, 2015
0.20
Telephone call to Kashonda Wellman - spoke
Wed. Feb 4, 2015
0.20
Telephone call to Anthony Garner - spoke
Wed. Feb 4, 2015
0.10
Telephone call to Darrius Core - spoke
Wed. Feb 4, 2015
0.30
Telephone call to Chassidy Williams - spoke; Telephone call to
Wakabwe Kabwe - spoke
Wed. Feb 4, 2015
0.30
Telephone call to Kory Reese - spoke; Telephone call to Steven
Nichloas - spoke
Thu. Feb 5, 2015
0.10
Telephone call to Christina Jones - spoke
Thu. Feb 5, 2015
0.10
Telephone call to Richard Perez - spoke
Thu. Feb 5, 2015
0.20
Telephone call to Patrick Nutt - spoke; Telephone call to Yasmine
Smalley - spoke
Thu. Feb 5, 2015
0.10
Thu. Feb 5, 2015
0.30
Telephone call to Zariar Diggs - spoke
Thu. Feb 5, 2015
0.10
Telephone call to Tyrek Taylor - spoke
Fri. Feb 6, 2015
0.10
Telephone call to Shaheed Morris - spoke
Page 9 of 19
Date
77-2 Filed
04/03/15 Page 54 of 63 PageID #: 927
Task/Activity
Description
Fri. Feb 6, 2015
Time (hrs)
0.20
Telephone call to Masrudin Ahmed - spoke
Fri. Feb 6, 2015
0.30
Telephone call from Erasmo Ramos - spoke
Fri. Feb 6, 2015
0.20
Telephone call to Sheldon Harper - spoke
Fri. Feb 6, 2015
0.10
Telephone call to Jackie Lambert - spoke
Fri. Feb 6, 2015
0.30
Telephone call to Milira Shaw - spoke; Telephone call to Brandon
Young - spoke
Mon. Feb 9, 2015
0.20
Telephone call to Datari Peterson - spoke
Mon. Feb 9, 2015
0.10
Telephone call to Nector Caro - spoke
Mon. Feb 9, 2015
0.10
Telephone call to Javier Lopez - spoke
Mon. Feb 9, 2015
0.10
Telephone call to Charles Avitable - spoke
Mon. Feb 9, 2015
0.10
Telephone call to Unique Johnson - spoke
Mon. Feb 9, 2015
0.20
Telephone call to Dmytro Trykoza - spoke
Mon. Feb 9, 2015
0.10
Telephone call to Barbari Peterson - left message
Mon. Feb 9, 2015
0.20
Mon. Feb 9, 2015
0.20
Telephone call to Susan Janitsch - spoke
Mon. Feb 9, 2015
0.20
Telephone call to Akilah Morgan - spoke
Tue. Feb 10, 2015
0.10
Telephone call to Jeremy Collazo - spoke
Tue. Feb 10, 2015
0.10
Telephone call to Lucius Steagall - spoke
Tue. Feb 10, 2015
0.20
Telephone call to Timothy Moore - spoke; Telephone call to Melene
Phillip - spoke
Page 10 of 19
Date
77-2 Filed
04/03/15 Page 55 of 63 PageID #: 928
Task/Activity
Description
Tue. Feb 10, 2015
Time (hrs)
0.20
Tue. Feb 10, 2015
0.20
Telephone call to Felicia Edwards - spoke
Tue. Feb 10, 2015
0.10
Tue. Feb 10, 2015
0.10
Telephone call to Taseen Esfar - spoke
Tue. Feb 10, 2015
0.10
Telephone call to Frank Thomas - spoke
Tue. Feb 10, 2015
0.20
Telephone call to Serge Machurin - spoke
Wed. Feb 11, 2015
0.20
Telephone call to Jerome Browne - spoke
Wed. Feb 11, 2015
0.20
Telephone call to Ilear Wilcox - spoke
Wed. Feb 11, 2015
0.10
Telephone call to Unique Johnson - spoke
Wed. Feb 11, 2015
0.10
Telephone call to Sabrina Smith - spoke
Wed. Feb 11, 2015
0.10
Telephone call to Dominica Cherry - spoke
Wed. Feb 11, 2015
0.10
Telephone call to Kashonda Wellman - spoke
Wed. Feb 11, 2015
0.10
Telephone call to Shanikqua Brazil - spoke
Thu. Feb 12, 2015
0.20
Telephone call to Bryant Valentine - spoke
Thu. Feb 12, 2015
0.20
Telephone call to Tendai Derice - spoke
Thu. Feb 12, 2015
0.10
Telephone call to Angelo Glemaud - spoke
Thu. Feb 12, 2015
0.10
Telephone call to Jakera Wright - spoke
Thu. Feb 12, 2015
0.10
Telephone call to Wendella Afrani - spoke
Thu. Feb 12, 2015
0.20
Emailed oppposing counsel
Page 11 of 19
Date
77-2 Filed
04/03/15 Page 56 of 63 PageID #: 929
Task/Activity
Description
Fri. Feb 13, 2015
Time (hrs)
0.10
Telephone call to McGary Laster - spoke
Fri. Feb 13, 2015
0.10
Telephone call to Daury Tavarez - spoke
Fri. Feb 13, 2015
0.30
Telephone call to Matthew Bowen - spoke
Fri. Feb 13, 2015
0.30
Telephone call to DeeDee Stephens - spoke
Fri. Feb 13, 2015
0.10
Telephone call to Rosie Rodriguez - spoke
Fri. Feb 13, 2015
0.20
Telephone call to Marza Redzepagic - spoke
Fri. Feb 13, 2015
0.30
Telephone call to Donovon Louison - spoke; Telephone call to Eric
Sosa - spoke
Fri. Feb 13, 2015
0.10
Telephone call to Brahiem Horne - spoke
Fri. Feb 13, 2015
0.20
Telephone call to Matthew Henry - spoke; Telephone call to
Vidyanand Pirmal - spoke
Tue. Feb 17, 2015
0.20
Telephone call to Terry Green - spoke; Telephone call to Terry Green
- spoke
Tue. Feb 17, 2015
0.20
Telephone call to Darrin Purcell - spoke
Tue. Feb 17, 2015
0.20
Telephone call to Ramel Harrison - spoke
Tue. Feb 17, 2015
0.10
Telephone call to Errol Oldacre - spoke
Tue. Feb 17, 2015
0.10
Tue. Feb 17, 2015
0.20
Wed. Feb 18, 2015
0.30
Telephone call to Masrudin Ahmed - spoke
Wed. Feb 18, 2015
0.10
Telephone call to Mohammed Ceeesay - spoke
Wed. Feb 18, 2015
0.10
Page 12 of 19
Date
77-2 Filed
04/03/15 Page 57 of 63 PageID #: 930
Task/Activity
Description
Wed. Feb 18, 2015
Time (hrs)
0.10
Telephone call to Lance Jenkins - spoke
Wed. Feb 18, 2015
0.10
Telephone call to Tamika Bolden - spoke
Wed. Feb 18, 2015
0.40
Organized class information for call with opposing counsel
Wed. Feb 18, 2015
0.40
Telephone call to Jonathan Adler - spoke; Telephone call to Rasheen
Walker - spoke
Wed. Feb 18, 2015
0.10
Telephone call to Maileny Franco - spoke
Thu. Feb 19, 2015
0.20
Telephone call to Angelo Glemaud - spoke
Thu. Feb 19, 2015
0.20
Telephone call to Jeffery Desalu - spoke
Thu. Feb 19, 2015
0.20
Telephone call to Mariah Green - spoke
Mon. Feb 23, 2015
0.10
Telephone call to Monica Anderson - spoke
Mon. Feb 23, 2015
0.20
Telephone call to Valecia Lee Colon - spoke
Mon. Feb 23, 2015
0.10
Telephone call to Daniel Castello - spoke
Mon. Feb 23, 2015
0.10
Telephone call to Brian Tillman - spoke
Mon. Feb 23, 2015
0.40
Telephone call to - spoke
Mon. Feb 23, 2015
0.20
Telephone call to Jenny Werner - spoke
Tue. Feb 24, 2015
0.20
Telephone call to Walton Johnson - spoke
Tue. Feb 24, 2015
0.30
Telephone call to Sophia Williams - spoke
Tue. Feb 24, 2015
0.20
Telephone call to Yharivette Rivera - spoke
Tue. Feb 24, 2015
0.10
Telephone call to Richard Clinkscales - spoke
Tue. Feb 24, 2015
0.20
Telephone call to Hakeem Chappelle - spoke
Page 13 of 19
Date
77-2 Filed
04/03/15 Page 58 of 63 PageID #: 931
Task/Activity
Description
Tue. Feb 24, 2015
Time (hrs)
0.10
Telephone call to Anthony Ginyard - spoke
Tue. Feb 24, 2015
0.10
Wed. Feb 25, 2015
0.30
Telephone call to Oneil Palmer - spoke; Telephone call to Oneil
Palmer - spoke
Wed. Feb 25, 2015
0.10
Telephone call to Nacedra Miller - spoke
Wed. Feb 25, 2015
0.20
Telephone call to Warren Hawkins - left message; Telephone call to
Talicia Ferguson - left message
Thu. Feb 26, 2015
0.10
Telephone call to Talicia Ferguson - spoke
Thu. Feb 26, 2015
0.10
Telephone call to Warren Hawkins - spoke
Thu. Feb 26, 2015
0.10
Telephone call to Kareem Townsend - spoke
Thu. Feb 26, 2015
0.10
Telephone call to Naomi Nelson - spoke
Thu. Feb 26, 2015
0.20
Telephone call to Barry Johnson - spoke
Thu. Feb 26, 2015
0.20
Set up conference call
Fri. Feb 27, 2015
0.60
Fri. Feb 27, 2015
0.20
Telephone call to Eduard Vilnea - spoke
Fri. Feb 27, 2015
0.20
Reviewed notices sent out to them
Mon. Mar 2, 2015
0.10
Telephone call to Sabrina Stephenson - spoke
Mon. Mar 2, 2015
0.20
Telephone call to Olisha Wright - spoke
Mon. Mar 2, 2015
0.50
Mon. Mar 2, 2015
0.20
Telephone call to Olanrewaju Majekodunmi - spoke
Page 14 of 19
Date
77-2 Filed
04/03/15 Page 59 of 63 PageID #: 932
Task/Activity
Description
Mon. Mar 2, 2015
Time (hrs)
0.20
Telephone call to Alfonso Powell - spoke
Mon. Mar 2, 2015
0.10
Telephone call to Krystle Crocker - spoke
Tue. Mar 3, 2015
0.10
Telephone call to Douglas Gonzalez - spoke
Tue. Mar 3, 2015
0.30
Telephone call to Kathleen Moroore - spoke
Tue. Mar 3, 2015
0.10
Telephone call to Bryan Mentore - spoke
Tue. Mar 3, 2015
0.20
Telephone call to Kathleen Moroore - spoke
Tue. Mar 3, 2015
0.10
Telephone call to Karl Orelien - spoke
Wed. Mar 4, 2015
0.10
Telephone call to Tiffany Murray - spoke
Wed. Mar 4, 2015
0.20
Telephone call to Bryan Mentore - spoke
Wed. Mar 4, 2015
0.10
Telephone call to Yvonne Jones - spoke
Wed. Mar 4, 2015
0.10
Telephone call to Eric Topping - spoke
Wed. Mar 4, 2015
0.20
Telephone call to Jean Paul - spoke
Thu. Mar 5, 2015
0.20
Telephone call to Stanley Wells - spoke
Thu. Mar 5, 2015
0.20
emailed settlement administrators for updates
Thu. Mar 5, 2015
0.10
Thu. Mar 5, 2015
0.50
Meeting with major energy plaintiff
Fri. Mar 6, 2015
0.10
Telephone call to Darlene Green - spoke
Fri. Mar 6, 2015
0.20
Telephone call to Lance Kennedy - spoke
Fri. Mar 6, 2015
0.20
Telephone call to Kory Reese - spoke
Page 15 of 19
Date
77-2 Filed
04/03/15 Page 60 of 63 PageID #: 933
Task/Activity
Description
Mon. Mar 9, 2015
Time (hrs)
0.30
Telephone call to Rodger Hodges - spoke
Tue. Mar 10, 2015
0.10
Telephone call to Leon Jones - spoke
Tue. Mar 10, 2015
0.20
Telephone call to Charles Phillips - spoke
Tue. Mar 10, 2015
0.10
Telephone call to Maryta Fields - spoke
Wed. Mar 11, 2015
0.10
Telephone call to Barry Fenner - spoke
Wed. Mar 11, 2015
0.20
Telephone call to Donte Gifts - spoke
Wed. Mar 11, 2015
0.10
Telephone call to Akeem Rattray - spoke
Thu. Mar 12, 2015
0.10
Thu. Mar 12, 2015
0.30
Telephone call to Lashonda Kelley - spoke
Thu. Mar 12, 2015
0.20
Telephone call to Jordan Nevers - spoke
Thu. Mar 12, 2015
0.40
Telephone call to David Drew - spoke; Telephone call to Sheldon
Harper - spoke
Thu. Mar 12, 2015
0.10
Telephone call to David Drew - spoke
Fri. Mar 13, 2015
0.10
Fri. Mar 13, 2015
0.10
Emailed settlement administrator
Mon. Mar 16, 2015
0.20
Emailed class about new conference date
Mon. Mar 16, 2015
0.20
Telephone call to Narcissus Dutton - spoke
Mon. Mar 16, 2015
0.20
Telephone call to Lesley Foster - left message; Telephone call to
Francesca Merrsel - left message
Mon. Mar 16, 2015
0.10
Telephone call to Francesca Merrsel - spoke
Page 16 of 19
Date
77-2 Filed
04/03/15 Page 61 of 63 PageID #: 934
Task/Activity
Description
Mon. Mar 16, 2015
Time (hrs)
0.20
Mon. Mar 16, 2015
0.20
Mon. Mar 16, 2015
0.20
Telephone call to Keilana Mungin - spoke
Tue. Mar 17, 2015
0.20
Tue. Mar 17, 2015
0.10
Telephone call to Steven Edler - spoke
Tue. Mar 17, 2015
0.10
Telephone call to Tyreese Sheppard - spoke
Tue. Mar 17, 2015
0.10
Telephone call to Shaheed Morris - spoke
Tue. Mar 17, 2015
0.30
Began researching class action final approval
Wed. Mar 18, 2015
0.30
Wed. Mar 18, 2015
0.20
Wed. Mar 18, 2015
0.10
Telephone call to Aisha Mosley - left message
Wed. Mar 18, 2015
0.10
Telephone call to David Drew - spoke
Thu. Mar 19, 2015
0.10
Telephone call to Nathaniel Childs - spoke
Thu. Mar 19, 2015
0.30
Telephone call to Lesley Foster - spoke
Fri. Mar 20, 2015
0.50
miscellaneous
Fri. Mar 20, 2015
0.20
Telephone call to Luis Matos - spoke
Sat. Mar 21, 2015
0.40
Began compiling list of class action members and amounts
Sun. Mar 22, 2015
0.80
Continued imputting names onto spreadsheet
Sun. Mar 22, 2015
2.40
Drafted proposed order for class action settlement
Page 17 of 19
Date
77-2 Filed
04/03/15 Page 62 of 63 PageID #: 935
Task/Activity
Description
Mon. Mar 23, 2015
Time (hrs)
1.00
Worked on the proposed order for final settlement
Mon. Mar 23, 2015
0.10
Mon. Mar 23, 2015
0.50
Began researching incentive pay and attys fees in the class action
Tue. Mar 24, 2015
0.30
Worked on spreadsheet of names
Tue. Mar 24, 2015
0.20
Telephone call to AnnaMaria Augusto - spoke
Tue. Mar 24, 2015
0.10
Telephone call to Radwan Washington - spoke
Tue. Mar 24, 2015
1.50
worked on proposed order for class action settlement
Tue. Mar 24, 2015
0.10
Telephone call to Susette Whittingham - spoke
Tue. Mar 24, 2015
0.10
Tue. Mar 24, 2015
0.20
Reviewed cases on attorney fee application
Wed. Mar 25, 2015
0.30
Edited first draft of proposed order of settlement
Wed. Mar 25, 2015
0.20
Finished spreadsheet of class member amounts
Wed. Mar 25, 2015
1.20
Researched attorney's fees, read case law, began drafting attorney's
fees motion
Thu. Mar 26, 2015
0.20
Telephone call to Charles Brandon - spoke
Thu. Mar 26, 2015
1.10
Worked on attorney's fees motion
Thu. Mar 26, 2015
0.10
Telephone call to Danielle Todd - spoke
Thu. Mar 26, 2015
0.10
Telephone call to Sabrina Smith - spoke
Fri. Mar 27, 2015
0.60
worked on attorney's fees motion
Fri. Mar 27, 2015
0.10
Telephone call to Domencio Brown - spoke
Page 18 of 19
Date
77-2 Filed
04/03/15 Page 63 of 63 PageID #: 936
Task/Activity
Description
Mon. Mar 30, 2015
Time (hrs)
0.20
Mon. Mar 30, 2015
0.40
Worked on attorney's fees motion
Mon. Mar 30, 2015
0.10
emailed settlement adminstrator
Mon. Mar 30, 2015
0.30
Researched Judge Gold decisions
Mon. Mar 30, 2015
0.10
Telephone call to Rabbian Harris - left message
Tue. Mar 31, 2015
0.10
Telephone call to Abgail Wiltz - spoke
Wed. Apr 1, 2015
0.10
Telephone call to Rabbian Harris - spoke
Total Time:
70.00 Hrs
Page 19 of 19
EXHIBIT C
EXHIBIT D
Invoice
475 Atlantic Avenue, 3rd Floor
Brooklyn, NY 11217
Invoice Date:
Invoice #:
8/23/2014
1466
Bill To:
Case #
Date
11/15/2012
8/1/2013
8/12/2013
9/17/2013
6/24/2014
9/26/2012
3/11/2014
12/22/14
1/9/15
1/29/15
Description
Rate
Amount
Process serving:
Misc case related costs:legal research
Courier fee:RJI
Misc case related costs:research
Mediation
Filing & Court Fees:
Expert Fees:mediation
572.50
449.65
25.00
261.30
187.50
350.00
1,745.10
Mediator
Go Daddy Website Hosting
Website Set up and Hosting
100.00
392.04
750.00
572.50
449.65
25.00
261.30
187.50
350.00
1,745.10
100.00
392.04
750.00
Note: Some charges added by hand as accounting software currently with accountant and changes
cannot be made- This is the reason for the formatting oddities.
Total
Payments applied
Balance Due
$4833.09
$3,591.05
$0.00
$4833.09
$3,591.05
EXHIBIT E
NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT AND
HEARING DATE FOR COURT APPROVAL
DELITA JACOBS, individually and on behalf of all others similarly
situated, and DESMOND POUNCIE, individually,
12-CV-04842(FB)(SMG)
Plaintiffs,
vs.
MAJOR ENERGY SERVICES LLC/RESPOND POWER LLC;
MAJOR ENERGY ELECTRIC SERVICES LLC; DIRECT SALES
SOLUTIONS LLC; ASHER FRIED; SAUL HOROWITZ; MARK
WIEDERMAN; and SHAI FISHMAN in their individual and
professional capacities,
Defendants.
TO:
ALL CURRENT AND FORMER FIELD REPRESENTATIVES AND TEAM LEADERS
EMPLOYED BY DEFENDANTS, BASED OUT OF THEIR PENNSYLVANIA OFFICES
BETWEEN SEPTEMBER 27, 2009 AND DECEMBER 12, 2014.
PLEASE READ THIS NOTICE CAREFULLY. THIS IS NOT A SOLICITATION FROM A LAWYER.
SPANISH VERSION AVAILABLE: UNA VERSIÓN EN ESPAÑOL DE ESTE AVISO Y FORMAS ESTÁ
DISPONIBLE POR PONERSE EN CONTACTO CON EL ADMINISTRADOR DE RECLAMOS
FIGURAN AL FINAL DE ESTE AVISO.
INTRODUCTION
This Notice describes a proposed Settlement (the “Settlement”) of the class action lawsuit Delita Jacobs and
Desmond Pouncie v. Major Energy Services LLC/Respond Power LLC; Major Energy Electric Services LLC;
Direct Sales Solutions LLC; Asher Fried; Saul Horowitz; Mark Wiederman; and Shai Fishman, United States
District Court for the Eastern District of New York, Case No. 12-CV-04842 (FB)(SMG) (the “litigation”). The
Settlement will resolve all claims that were, or which could have been, asserted in this litigation on an individual,
class, or representative basis, including claims under the Fair Labor Standards Act, the Pennsylvania Minimum
Wage Act, the Pennsylvania Wage Payment and Collection Law and the New York Labor Law.
You have received this Notice because records indicate that you worked as a field representative and/or team
leader based out of defendants’ Pennsylvania offices at any time from September 27, 2009 to December 12, 2014.
This Notice informs you of how you can make a claim under the Settlement.
The following table summarizes your options in responding to this Notice and the result of you exercising each
option. These options are described in more detail below.
Page 1 of 6
SUMMARY OF LEGAL RIGHTS AND OPTIONS
OPTION
RESULT
Receive additional information
concerning the proposed
Settlement
Contact Class Counsel Stoll, Glickman & Bellina, LLP at
(718) 852-3710.
Submit an exclusion form
Request to be excluded from the Settlement and retain your rights to bring
your own lawsuit.
Object
Write to the Court and explain any concerns you have regarding the
Settlement.
Attend hearing
Request to speak to the Court about the fairness of the Settlement.
Do nothing
Receive a payment from the proceeds of the Settlement. Give up your right to
bring your own claim or lawsuit.
CRITICAL DATES
MARCH 6, 2015:
The last date to sign, complete and mail the enclosed request for exclusion
form to opt out of the Settlement and retain your rights to bring your own
claim.
MARCH 6, 2015:
The last date to file any written objections to the Settlement.
MARCH 25, 2015, 4:00 PM:
The date of the Court hearing to determine whether the proposed Settlement
is fair, reasonable and adequate and should be approved by the Court.
BACKGROUND OF THE CASE
Former field representatives and/or team leaders (“plaintiffs”) filed a proposed class action complaint (“the
litigation”) against defendants on behalf of themselves and all persons alleged to be similarly situated.
Plaintiffs allege in the litigation that since September 27, 2009, defendants failed to pay field representatives and
team leaders all wages due, including regular or overtime wages for all hours worked, and were subjected to
unlawful deductions from commissions.
Defendants contend that the litigation lacks merit and that they properly paid field representatives and team
leaders for all hours worked, including regular or overtime wages. Defendants deny that plaintiffs or field
representatives or team leaders are entitled to any relief whatsoever under the Fair Labor Standards Act, the
Pennsylvania Minimum Wage Act, the Pennsylvania Wage Payment and Collection Law and the New York
Labor Law.
SUMMARY OF THE PROPOSED SETTLEMENT
Who is included in the Settlement?
You are eligible for inclusion in the Settlement if you were employed by defendants as a field representative or
team leader based out of defendants’ Pennsylvania offices between September 27, 2009, and December 12, 2014
(the “recovery period”). Defendants will make a Settlement payment, through an independent Settlement
Administrator, to each Settlement Class Member who is eligible for payment, based on the formula set forth
below.
Page 2 of 6
What will I receive from the Settlement?
According to defendants’ records, you were employed a total of __________ compensable workweeks.
According to defendants’ records, your gross pay within the relevant period was $________________. The
estimated amount of your individual settlement payment is $____________. The final amount, however, will not
be known until the time has expired for the return of all Exclusion Forms (described above) and any adjustments
are made to the calculation of Settlement payments. This amount was calculated using the pro rata formulas
explained below.
All Settlement payments are subject to taxation. Of each Settlement payment, fifty-percent (50%) will be
considered wages, fifty-percent (50%) will be considered interest. Payments allocated to wages shall be subject
to all applicable wage laws, including federal, state and local tax withholding and payroll taxes. Prior to mailing
Settlement payments, the Settlement Administrator will calculate and deduct all required withholdings and
employee and employer-side payroll taxes from each Settlement payment. However, Settlement Class Members
bear full and sole responsibility for the payment of any personal income taxes arising from their Settlement
payments. No representation is made by the Class Representative, Class Counsel, or defendants concerning the
tax consequences of this Settlement or your election to participate in the Settlement. Tax issues for each
Settlement Class Member is unique, and each Settlement Class Member is advised to obtain tax advice from his
or her own tax advisor with respect to any payments resulting from this Settlement.
The Settlement calls for a total maximum payment by defendants not to exceed $700,000.00. Class Counsel fees
and costs, Settlement Administrator fees, and Class Representative Incentive payments, estimated to total
approximately $288,000.00, will be paid out of that fund. The net Settlement amount of approximately
$412,000.00 will be paid to participating Class Members based upon the following:
i. Each individual Settlement payment will be calculated by summing the total amount each participating
Class Member is entitled to from each of the below mentioned categories. The sums allocated to each
category (“the net category allocation”), which currently total $700,000.00, will be reduced
proportionally to the net aggregate Settlement amount.1 The categories are as follows:
A. Minimum Wage and Overtime: Each participating NY minimum wage/OT Class Member and
PA minimum wage/OT class member will receive a pro rata share of $127,445.00, based on
weeks worked within the class period, compared to the total weeks worked by all Class
Members in this category.
B. NY Reserve: Each participating NY reserve Class Member who was hired prior to the end of
the NY reserve class period will receive a pro rata share of $312,800.00, based on that Class
Member’s gross pay within the NY reserve class period, compared to the total gross pay of the
NY reserve class during the NY reserve class period.
C. PA Reserve: Each participating PA reserve Class Member who was hired prior to the end of the
PA reserve class period will receive a pro rata share of $65,700.00, based on the that Class
Member’s gross pay within the PA reserve class period, compared to the total gross pay of the
PA reserve class during the PA reserve class period.
D. NY Deduction: Each participating NY deduction Class Member who worked within the NY
class period will receive a pro rata share of $132,000.00, based on weeks worked within the NY
class period, compared to total weeks worked by all Class Members in this category.
1
Thus the net category allocation can be determined as follows: (gross category allocation / $700,000) x net aggregate
Settlement amount (which remains subject to final calculation).
Page 3 of 6
E. PA Deduction: Each participating PA deduction Class Member who worked within the PA
class period will receive a pro rata share of $62,055.00, based on weeks worked within the PA
class period, compared to total weeks worked by all Class Members in this category.
Irrespective of the formula set forth above, no Class Member will receive less than $25.00. In the event that a
participating Class Member’s share, after the combination of the Class Member’s Settlement amounts from all
applicable categories, is less than $25.00, he will receive additional compensation to bring his share up to $25.00
and all other participating Class Members’ benefit amounts will be reduced on a pro rata basis to account for the
minimum threshold amount.2
When will I receive my Settlement payment?
The Settlement payments will be paid approximately 28 days after final Court approval of the Settlement and after
all rights to appeal or review are exhausted or any appeal or review has been resolved in favor of the Settlement.
The earliest that the Settlement payment could occur is May 1, 2015.
Reimbursement to class representatives: Subject to approval and order by the Court, and pursuant to applicable
legal standards, there will be a payment to Plaintiff Delita Jacobs up to $20,000.00 (but no more). This payment
is to reimburse Plaintiff for any lost pay or time attributable to her time spent assisting in the investigation,
responding to informal discovery, attending mediation, and otherwise assisting Class Counsel. Defendants will
not oppose this request.
Attorneys' Fees and Costs: Subject to approval and order by the Court, and pursuant to applicable legal
standards, Class Counsel will seek an award of attorneys’ fees in an amount up to $233,333.00. In addition, Class
Counsel will ask to be reimbursed for costs in an amount up to $5,000.00 incurred in prosecuting this action.
Class Counsel believes that the amounts for costs and attorneys’ fees requested is fair and reasonable. Defendants
will not oppose Class Counsel’s request for these amounts.
Claims Administrator: The Court has appointed RG2 Claims Administration, LLC to act as an independent
Settlement Administrator to process this Settlement, to resolve any dispute concerning a Settlement Class
Member’s eligibility to participate in the Settlement and his or her share of the Settlement proceeds and to make
payments to participating Class Members. Subject to approval and order by the Court, the independent
Settlement Administrator will be reimbursed for administering this Settlement in an amount estimated to be up to
$30,000.00.
YOUR LEGAL REPRESENTATION
The Court has decided that the following attorneys are qualified to represent you and all other Settlement Class
Members:
Andrew B. Stoll
475 Atlantic Avenue
Brooklyn, NY 11217
astoll@stollglickman.com
Tele: (718) 852-3710
These attorneys are called “Class Counsel.” You do not need to hire your own attorney because Class Counsel is
working on your behalf. You do have the right to have your own attorney instead, but you would be required then
to pay his or her fees. If you have questions or desire additional details, you may call, email or correspond with
2
Estimates of the total potential recovery for each of the categories above, in the event that the case did not settle and
plaintiffs were to succeed with certifying a class and proving liability and damages with respect to each claim, can be found
at www.ednyclasssettlement.com, and as docket entry 64.
Page 4 of 6
Class Counsel. You may also view any of the documents on file with the Court in the litigation online at
www.ednyclasssettlement.com.
WHAT ARE YOUR RIGHTS AS A CLASS MEMBER?
Excluding Yourself from the Settlement: If you do not wish to be bound by the Settlement and do not wish to
receive a Settlement payment, you must complete the request for exclusion form and return it. The request for
exclusion form must be signed, dated, and postmarked no later than March 6, 2015 and returned to:
MAJOR ENERGY SETTLEMENT
c/o RG2 Claims Administration, LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Tele: (866) 742-4955
Any person who submits a complete and timely request for exclusion form shall, upon receipt, no longer be a
Settlement Class Member, shall be barred from participating in any portion of the Settlement, and shall receive no
benefits from the Settlement. Any such person may, at their own expense, pursue any claims he or she may have
against defendants. Class Counsel would not represent any such person, and any such person would be
responsible for his or her own attorneys’ fees. An incomplete or unsigned request for exclusion will be deemed
invalid.
Objecting to Settlement: You can object to the terms of the Settlement before final approval. However, if the
Court rejects your objection, you will still be bound by the terms of the Settlement. To object, you must file a
written objection and a notice of intention to appear at the Final Approval hearing currently set for March 25,
2015, at 4:00 PM, with the Clerk of the United States District Court for the Eastern District of New York, 225
Cadman Plaza East, Brooklyn, New York 11201, and send copies of your objection to the following:
CLASS COUNSEL
DEFENDANTS’ COUNSEL
Andrew B. Stoll
475 Atlantic Avenue
Brooklyn, NY 11217
astoll@stollglickman.com
Avery S. Mehlman
Jonathan Adler
Herrick Feinstein, LLP
2 Park Avenue
New York, NY 10016
jadler@herrick.com
Kathleen McLeod Caminiti
Fisher & Phillips, LLP
430 Mountain Ave., Suite 303
Murray Hill, NJ 07974
kcaminiti@laborlawyers.com
Any written objection shall state each specific reason in support of your objection and any legal support for each
objection. Your objection must also state your full name, address, and the dates of your employment with
defendants. To be valid and effective, any objection to approval of the Settlement must be filed with the Clerk of
the Court and served upon each of the above-listed attorneys no later than March 6, 2015. DO NOT
TELEPHONE THE COURT.
If you choose to hire an attorney to file an objection to the terms of this Settlement, you will be solely responsible
for the fees and costs of your own attorney.
EFFECT OF PARTICIPATING IN THE SETTLEMENT
If the Court grants final approval of the Settlement, the lawsuit will be dismissed with prejudice, and you will
fully and finally release and discharge defendants from any and all claims that are asserted in the lawsuit or that
arise from or are related to the facts alleged in the lawsuit. When claims are “released,” that means that a person
covered by the release cannot sue the released parties for any of the claims that are covered by the Release. The
exact terms of the Release and the definition of released claims contained in the settlement agreement are as
follows:
Page 5 of 6
The settling class and each settling Class Member who has been identified on the class list submitted to the
Settlement Administrator, who does not exclude him or herself, and without the need to manually sign a release
document, shall in exchange for the consideration recited in this agreement, on behalf of himself or herself and on
behalf of his or her current, former, and future heirs, executors, administrators, attorneys, representatives, agents,
and assigns, fully release and discharge defendants and their past, present and future partners, directors, officers,
employees, agents, servants, registered representatives, administrators, predecessors, successors, subsidiaries,
affiliates, parents, fiduciaries, trustees, assigns, attorneys, and agents (collectively the “releasees”) from all claims,
causes of action, damages, liabilities, debts, penalties, obligations, and demands, whether known or unknown,
which were or could have been asserted in the litigation, including, without limitation, all claims related to (a)
defendants’ alleged failure to pay field representatives and team leaders all compensation due, including wages,
regular or overtime compensation; (b) unlawful deductions; (c) reserve withholding, and/or (d) any other claims
arising under the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, the Pennsylvania Wage
Payment and Collection Law and the New York Labor Law, or and any other state or local labor law, and
including any and all claims for attorneys’ fees, costs, interest, and statutory penalties. If you choose to
participate in this Settlement, please be advised that if you later initiate a lawsuit against defendants based on any
claim that you have released above, and the Court invalidates the release, you must return to defendants all
payments that you have received under this Settlement within five (5) days of defendants’ request.
Furthermore, if you are a Class Member and do not elect to exclude yourself from the Settlement as provided for
in this Notice, you will be deemed to have entered into this Release and to have released the above-described
claims. If the Settlement is approved by the Court and becomes final, the Settlement will be consummated. If the
Settlement is not approved by the Court or does not become final for some other reason, the litigation will
continue.
FINAL SETTLEMENT APPROVAL HEARING
The Court will hold a hearing in the United States District Court for the Eastern District of New York, 225
Cadman Plaza East, Brooklyn, New York 11201 on March 25, 2015 at 4:00 PM, to determine whether the
Settlement should be finally approved as fair, reasonable and adequate. The Court also will be asked to approve
Class Counsel’s request for attorneys’ fees and reimbursement of costs and expenses. The hearing may be
continued without further notice to the Settlement class. It is not necessary for you to appear at this hearing
unless you have timely filed an objection with the Court.
ADDITIONAL INFORMATION
The above is a summary of the basic terms of the Settlement. For the precise terms and conditions of the
Settlement, you should consult the detailed “Joint Stipulation of Class Settlement and Release Between Plaintiffs
and Defendants,” which is on file with the Clerk of the Court and available online at
www.ednyclasssettlement.com. The pleadings and other records in the litigation, including that stipulation, may
be examined at any time during regular business hours at the Office of the Clerk of the United States District
Court for the Eastern District of New York, 225 Cadman Plaza East Brooklyn, New York 11201.
If you are a current employee of defendants (or a successor, parent, subsidiary or affiliate of defendants), please
know that you will not suffer any retaliation should you decide to participate in this Settlement.
PLEASE DO NOT TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR
INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS. ANY QUESTIONS
SHOULD BE DIRECTED TO CLASS COUNSEL (NOT DEFENDANTS’ COUNSEL) OR THE
SETTLEMENT ADMINISTRATOR HERE LISTED BY ORDER OF THE COURT.
Page 6 of 6
DELITA JACOBS, individually and on behalf of all others similarly
situated, and DESMOND POUNCIE, individually,
12-CV-04842(FB)(SMG)
Plaintiffs,
vs.
MAJOR ENERGY SERVICES LLC/RESPOND POWER LLC;
MAJOR ENERGY ELECTRIC SERVICES LLC; DIRECT SALES
SOLUTIONS LLC; ASHER FRIED; SAUL HOROWITZ; MARK
WIEDERMAN; and SHAI FISHMAN in their individual and
professional capacities,
Defendants.
REQUEST FOR EXCLUSION FORM - PLEASE READ CAREFULLY
ONLY COMPLETE THIS FORM IF YOU WANT TO EXCLUDE YOURSELF FROM, AND NOT
PARTICIPATE IN, THE CLASS ACTION SETTLEMENT OF THE ABOVE-ENTITLED ACTION.
THE DETAILS OF THE CLASS ACTION SETTLEMENT ARE DESCRIBED IN THE NOTICE THAT
WAS PROVIDED TO YOU WITH THIS FORM. IF YOU EXCLUDE YOURSELF FROM THIS
SETTLEMENT, YOU WILL NOT RECEIVE A SHARE OF THE SETTLEMENT AMOUNT BEING
DISTRIBUTED IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT. IF YOU DO NOT
FILL OUT THIS FORM AND SUBMIT IT BY THE DATE SET FORTH IN THE NOTICE THAT WAS
PROVIDED TO YOU WITH THIS FORM, YOU WILL GIVE UP YOUR RIGHT TO BRING YOUR
OWN CLAIM OR LAWSUIT.
I do not wish to receive compensation under the terms of the proposed Settlement or to otherwise participate in
the proposed Settlement. Therefore, I hereby exclude myself from the Settlement.
__________________________________________________
Signature
__________________________
Date
__________________________________________________
Print Name
__________________________
Social Security Number
Address: __________________________________________
__________________________________________________
Daytime Telephone Number:
________________________
Evening Telephone Number:
________________________
Page 1 of 1
MAJOR ENERGY SETTLEMENT
c/o RG2 Claims Administration, LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
PRESORTED
FIRST-CLASS MAIL
U.S. POSTAGE
PAID
LANSDALE, PA
PERMIT NO. 491
IMPORTANT LEGAL DOCUMENT
IMPORTANT LEGAL DOCUMENT
EXHIBIT F
DELITA JACOBS, individually and on behalf of
all others similarly situated, and DESMOND
POUNCIE, individually,
12-CV-04842 (FB)(SMG)
Plaintiffs,
vs.
MAJOR ENERY SERVICES LLC/RESPOND
POWER LLC; MAJOR ENERGY ELECTRIC
SERVICES LLC; DIRECT SALES SOLUTIONS
LLC; ASHER FRIED; SAUL HOROWITZ;
MARK WIEDERMAN; and SHAI FISHMAN in
their individual and professional capacities,
JOINT STIPULATION OF
CLASS SETTLEMENT AND
RELEASE
Defendants.
This Joint Stipulation of Class Settlement and Release (hereinafter “settlement” or
“agreement”) is made and entered into by and between Plaintiff Delita Jacobs, individually and
on behalf of the class members, as defined below (collectively, “plaintiffs”), and defendants
Major Energy Services LLC, Major Energy Electric Services LLC, Respond Power LLC, Asher
Fried, Saul Horowitz, and Mark Wiederman (the “Major Energy Defendants”) and Direct Sales
Solutions LLC and Shai Fishman (the “DSS Defendants,” and collectively with the Major
Energy Defendants, “defendants”) in settlement of the above-captioned matter (the “litigation”).
Subject to the approval of the Court, the parties agree as follows:
I.
DEFINITIONS
In addition to the other terms defined in this agreement, the terms below have the
following meanings:
1.
“Class Counsel” means Andrew B. Stoll, of Stoll, Glickman & Bellina, LLP.
2.
“Class Counsel fees and costs payment” means the total amount of attorneys’
fees, litigation costs, and expenses awarded to Class Counsel by the Court to compensate them
for their representation of the class in this litigation, including their pre-filing investigation, their
filing of the litigation, all related litigation activities, this settlement, and all post-settlement
compliance procedures.
3.
“Class members” means all individuals who fit within the definitions set forth in
subparagraphs (a) through (f) below. The “NY class” means all individuals who fit within any
and all of the definitions set forth in subparagraphs (a), (c), and (e) below. The “PA class”
means any and all individuals who fit within the definitions set forth in subparagraphs (b), (d),
and (f) below.
a.
The “NY minimum wage/OT class” means all individuals who worked as
field representatives and/or team leaders out of defendants’ New York
based offices from September 27, 2006 through the date, if any, the Court
approves the preliminary settlement (the “NY class period”);
b.
The “PA minimum wage/OT class” means all individuals who worked as
field representatives and/or team leaders out of defendants’ Pennsylvania
based offices from September 27, 2009 through the date, if any, the Court
approves the preliminary settlement (the “PA class period”);
c.
The “NY reserve class” means all individuals who worked as field
representatives and/or team leaders out of defendants’ New York based
offices from September 27, 2006 through February 26, 2012. (the “NY
reserve class period”);
2
d.
The “PA reserve class” means all individuals who worked as field
representatives and/or team leaders out of defendants’ Pennsylvania based
offices from September 27, 2009 through February 26, 2012 (the “PA
reserve class period”);
e.
The “NY deduction class” means all individuals who worked as field
representatives and/or team leaders out of defendants’ New York based
offices during the NY class period;
f.
The “PA deduction class” means all individuals who worked as field
representatives and/or team leaders out of defendants’ Pennsylvania based
offices during the PA class period;
4.
“Class period” refers collectively to paragraphs 3 (a) through (f) above.
5.
“Class Representative” refers to named Plaintiff Delita Jacobs.
6.
“Class Representative payment” means any judicially approved incentive award
made to the Class Representative in her individual capacity for her service as the class
representative.
7.
“Compensable workweek(s)” means, for each class member, every week in which
the class member was engaged to perform work, for any period of time, on behalf of any of the
defendants as a field representative and/or team leader during the class period. For purposes of
this agreement only, compensable workweeks shall be determined for each class member by
reference to the class member’s dates of employment, with each week between the class
3
member’s start and end date 1 to be considered a compensable workweek, excluding gaps 2 in
employment.
8.
“Court” means the United States District Court for the Eastern District of New
9.
“Deductions” mean, for each class member, any amount deducted from his or her
York.
commissions for any purpose other than taxes and deductions required by law. Such purposes
include Major Energy apparel, transportation costs, and lodging and hotel costs.
10.
“Reserves” mean, for each class member employed during the NY reserve class
period and/or the PA reserve class period, any amount withheld from his or her commissions to
account for any possible or actual chargebacks or cancelled orders.
11.
“Defendants’ counsel” means Avery S. Mehlman and Jonathan L. Adler, of
Herrick Feinstein, LLP, and Kathleen McLeod Caminiti and Brent Cossrow, of Fisher &
Phillips, LLP.
12.
“Effective date” means the last date by which all of the following have occurred:
a.
All parties, Class Counsel and defendants’ counsel have executed this
agreement; and
b.
The Court has entered judgment approving the final settlement on this
matter and ruled on the motions for awards of Class Representative
payments and Class Counsel fees and costs payment; and
1
The “end date” shall mean the last date that the class member performed services or worked for
defendants.
2
For purposes of this definition, any extended of period of time, as determined by the Settlement
Administrator, when plaintiff performed no services shall be considered a “gap in employment”
and shall not be considered.
4
c.
The judgment and the rulings on such motions have become final and the
Court has dismissed the litigation with prejudice.
13.
“Fairness hearing” shall mean the hearing on the motion for judgment and final
approval.
14.
“Final” means that the settlement has been finally approved by the Court without
material modification and either:
a.
If no one has sought rehearing, reconsideration, or appellate review, thirtyfive (35) days after the Court has entered judgment, or
b.
If rehearing, reconsideration and appellate review is sought, the day after
any and all avenues of rehearing, reconsideration and appellate review
have been exhausted and no further rehearing, reconsideration or appellate
review is permitted, and the time for seeking such review has expired and
the judgment has not been subject to fundamental change (as that term is
defined in Paragraph 61 below) as a result of rehearing, reconsideration or
appellate review.
15.
“Individual settlement payment” means the net payable to any class member
pursuant to the terms of this stipulation, before deduction of the class member’s share of any
federal, state and local income tax withholding and FICA tax.
16.
“Judgment” means the Court’s order approving the final settlement of this matter
after the fairness hearing. No judgment shall be entered as to liability or otherwise against any
one or more of the defendants.
17.
“Maximum settlement amount” means up to $700,000.00, payable by defendants
or their designee(s) as provided by this agreement. The maximum settlement amount is inclusive
5
of all payments to participating class members, the Class Counsel fees and expenses payment,
the Class Representative payments, the settlement administration fees and all state and federal
payroll taxes imposed by applicable law for the wage allocation of the settlement payments made
to participating class members under this settlement, including defendants’ share of said taxes
and withholding (for example, without limitation, defendants’ share of FICA). In no event shall
defendants be required to pay in excess of the maximum settlement amount, inclusive of all
amounts set forth in this agreement or that may otherwise be required to consummate the
agreement.
18.
“Net aggregate settlement amount” means the remainder of the maximum
settlement amount after deductions for (i) Class Counsel fees and costs payment; (ii) the Class
Representative payment; (iii) the settlement administration fees and costs; and (iv) defendants’
share of all state and federal payroll taxes imposed by applicable law for the wage allocation of
the individual settlement payments made to participating class members under this settlement.
19.
“Non-participating class member” means a class member who timely submits a
request for exclusion form in accordance with Section IV of this agreement.
20.
“Participating class member” means a class member who does not submit a timely
request for exclusion form, and who otherwise meets all of the conditions in accordance with
Section IV of this agreement.
21.
“Preliminary approval of the settlement” means the Court’s preliminary approval
of the settlement without material change.
22.
“Qualified settlement fund” means the account established by the settlement
administrator into which defendants will deposit that portion of the maximum settlement amount
necessary to pay: (1) the Settlement Administrator’s fees and costs; (2) Court-approved
6
attorneys’ fees and costs for Class Counsel; (3) the Court-approved Class Representative
payment as specified herein; (4) defendants’ share of all state and federal payroll taxes imposed
by applicable law for the wage allocation of the individual settlement payments made to
participating class members under this settlement and (5) the net aggregate settlement amount.
The qualified settlement fund will be controlled by the settlement administrator subject to the
terms of this agreement and the Court’s orders for preliminary approval and final approval.
23.
“Settlement Administrator” means the third-party administrator appointed by the
Court to administer the settlement.
RG/2 Claims Administration LLC, by William W.
Wickersham, Esq., shall serve as the Settlement Administrator, subject to the Court’s approval.
24.
“Settlement administration fees and costs” means any and all fees and costs owed
to the Settlement Administrator in connection with administering the class settlement in this
action.
25.
“Settling class” means all participating class members and non-participating class
members who do not request to be excluded from the settlement in accordance with Section IV
of this Agreement. 3
II.
THE LITIGATION
26.
On September 27, 2012, plaintiffs commenced this action against defendants in
the United States District Court for the Eastern District of New York, seeking to represent the
class members. Plaintiffs’ complaint alleged claims on behalf of the class members under the
Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) for failure to pay
straight time for all hours worked and an overtime premium rate for any hours over forty, and for
unlawful deductions.
3
The settling class includes, without limitation, named Plaintiff Delita Jacobs.
7
27.
Defendants deny any liability or wrongdoing of any kind associated with the
claims alleged in the litigation, and further contend that, for any purpose other than settlement,
this action is not appropriate for class treatment. Defendants assert, among other things, that
they have complied at all times with the FLSA, NYLL and relevant Pennsylvania law, including
without limitation, the Pennsylvania Minimum Wage Act (“PMWA”) and the Pennsylvania
Wage Payment and Collection Law (“PWPCL”), including by properly paying field
representatives and/or team leaders for all hours worked, and that, as outside sales
representatives, plaintiffs and the class members are exempt from minimum wage and overtime
requirements. Defendants further assert that any deductions were properly made before plaintiffs
earned their commissions in accordance with the compensation formulas expressly agreed to by
plaintiffs and the class members in their employment agreement with defendants.
28.
On February 28, 2013, the parties requested that the case be referred to mediation,
and it was by order dated March 5, 2013. After an unsuccessful mediation, on July 22, 2013,
defendants filed a letter with the Court requesting a pre-motion conference to address their
anticipated motion to dismiss the complaint.
An initial conference was held with Chief
Magistrate Steven M. Gold on August 7, 2013.
29.
On August 9, 2013, plaintiffs filed an amended complaint. Defendants again filed
a letter motion with the Court requesting a pre-motion conference to address their anticipated
motion to dismiss the amended complaint. A pre-motion conference was held before District
Judge Frederic Block on October 18, 2013.
30.
On December 20, 2013, defendants filed a motion to dismiss plaintiffs’ amended
complaint. In the meantime, the parties continued settlement discussions, which were ultimately
successful.
8
31.
As part of this settlement, the parties have stipulated pursuant to Fed. R. Civ.
Proc. 15(a)(2) to the filing of a second amended complaint, in the form attached here as Exhibit
A, that includes Pennsylvania state law claims under the PMWA and PWPCL, which have been
fully negotiated and settled as part of this settlement agreement.
32.
As part of their settlement negotiations and in conjunction with the mediation, the
parties engaged in extensive informal discovery, including the exchange of a significant amount
of papers, documents and electronically stored information and data. The parties also each
engaged in substantial investigation in connection with the litigation.
33.
Throughout the mediation and settlement process the parties continued to
exchange additional data and engaged in further meetings as necessary to achieve a fair and final
settlement of all claims for all class members.
34.
The settlement set forth in this agreement represents a compromise and settlement
of highly disputed claims. Nothing in this agreement or the settlement is intended, or may be
construed, as an admission by defendants that the settling class’s claims in the litigation have any
merit, or that defendants bear any liability to the settling class or any other participating or nonparticipating class member with respect to those claims. In fact, defendants maintain that their
field representatives and team leaders are exempt employees.
35.
Plaintiffs and defendants agree to the certification of a Rule 23 class with respect
to both the NY class and the PA class for purposes of this settlement only. If this settlement is
not preliminarily approved by the Court for any reason, such agreed certification is void and the
parties will litigate this issue, and this document shall not be admissible for any purpose in the
litigation.
9
36.
The Court’s final approval with respect to this agreement shall result in a full and
complete settlement and release of the claims alleged in the litigation against defendants. The
release includes, in its effect, defendants’ partners, directors, officers, employees, agents,
servants, registered representatives, administrators, predecessors, successors, fiduciaries, parents,
subsidiaries, affiliates, trustees, successors, assigns, attorneys, and agents, with respect to the
settling class. The settlement releases those claims of the settling class that arose during the
class period based on the facts that were asserted in the litigation, including all known or
unknown claims which could have been asserted in the litigation based on those facts, except as
set forth in paragraph 57, below. This release includes, without limitation, all claims related to
defendants’ alleged failure to pay field representatives and team leaders wages, including regular
or overtime compensation, unlawful deductions, reserve withholdings and/or any other claims
arising under the FLSA, NYLL, PMWA or PWPCL based on the class members’ employment
by defendants.
37.
On or before October 8, 2014, plaintiffs will submit to the Court a motion for an
order conditionally certifying the settling class and preliminarily approving the class action
settlement, proposed notice of settlement of the class action lawsuit and fairness hearing, and a
proposed order preliminarily approving the settlement. Plaintiffs will seek, and defendants will
not oppose, conditional certification of the NY and PA classes in accordance with the terms set
forth here pursuant to Rule 23 of the Fed. R. Civ. P., solely for purposes of settling this litigation.
If the Court denies the motion for conditional certification of the settlement class and preliminary
approval of the class action settlement, then the litigation will resume unless the parties jointly
agree to seek reconsideration of the ruling or seek Court approval of a renegotiated settlement. If
a mutually agreed class settlement is not approved, the case will proceed as if no settlement had
10
been attempted, and defendants retain the right to contest whether this case should be maintained
as a class or collective action and to contest the merits of the claims being asserted by plaintiffs
in this litigation. In such a case, the parties will negotiate and submit for court approval a case
schedule which shall, among other things, propose deadlines for completion of briefing on
defendants’ motion to dismiss and plaintiffs’ motion for conditional and class certification.
38.
Class Counsel’s firm has investigated the facts of the case. Based on their own
independent investigation and evaluation, Class Counsel is of the opinion that the settlement with
defendants for the consideration and on the terms set forth in this agreement is fair, reasonable,
and adequate, and is in the best interest of the class in light of all known facts and circumstances,
including the risk of significant costs and delay, risk of non-certification of the class, defenses
asserted by defendants, and numerous potential appellate issues. Although defendants contend
that they have no liability in this case, defendants’ counsel shares Class Counsel’s belief that the
settlement represents a fair and adequate settlement given the risks associated with the litigation.
39.
The parties will work together expeditiously to obtain preliminary and final
approval of this agreement, and to dismiss this action with prejudice.
III.
TERMS OF SETTLEMENT
40.
In consideration of the mutual covenants, promises and warranties here set forth,
plaintiffs and defendants agree that the claims set forth in the litigation be settled and
compromised between the settling class and defendants, subject to the Court’s approval, as set
forth below.
41.
The settlement embodied in this agreement, including all releases of claims
against defendants by the settling class, except as set forth in paragraph 57, below, shall become
effective upon the effective date.
11
42.
Financial Terms of Settlement:
a.
In consideration for the settlement and release of the claims asserted in the
litigation, defendants shall pay up to the maximum settlement amount which shall fully resolve
and satisfy any and all amounts approved by the Court to be paid to participating class members
(including all associated taxes), any Class Counsel fees and costs payment approved by the
Court, any Court-approved Class Representative payment, and any settlement administration fees
and costs.
b.
Defendants shall deliver the total qualified settlement fund amount to the
Settlement Administrator within 14 business days of the effective date to be deposited into the
qualified settlement fund. Under no circumstances shall the amount paid to the Settlement
Administrator, plus the amount paid to Class Counsel and any other amounts to be paid by
defendants exceed the maximum settlement amount. The Settlement Administrator will pay out
of the qualified settlement fund the Class Representative service payment, and the amounts due
to the participating class members under this agreement, within 14 business days after receiving
the net aggregate settlement amount from defendants. In no event will defendants be required to
pay more than the maximum settlement amount, with that amount paid only in the event that all
class members participate in the settlement.
c.
If settlement payments to participating class members are not cashed
within 90 days of the check date, the checks will be void. Any participating class member who
does not cash their check will still be bound by all terms and conditions of this stipulation of
settlement (including the releases contained in Section V) and will still be deemed a participating
class member. In the event that the total claims of participating class members and other
amounts required to be paid by defendants under the terms of this agreement are less than the
12
maximum settlement amount, defendants shall have no obligation to pay the difference to any
person or entity. Any unclaimed monies remaining in the qualified settlement fund attributable
to settlement checks that have not been cashed shall be returned to defendants in accordance with
written instruction to the Settlement Administrator signed by authorized representatives of each
defendant.
d.
Class members who do not return a request for exclusion form will be
eligible for payment.
e.
Defendants will not oppose Class Counsel’s application to the Court for an
award of a Class Counsel fees and expenses payment. At the fairness hearing, Class Counsel
shall petition the Court for no more than 33.3% of the maximum settlement amount as an award
of attorneys’ fees. Class Counsel shall also seek reimbursement of reasonable litigation costs
and expenses from the maximum settlement amount. Defendants will not oppose such a fee and
cost application. Plaintiffs, the settling class, and Class Counsel shall not seek payment of
attorneys’ fees or reimbursement of costs or expenses except as set forth here. The award of
attorneys’ fees and costs will be deducted from the maximum settlement amount and paid by the
Settlement Administrator to Class Counsel within 28 business days of the effective date. The
Settlement Administrator will issue an IRS Form 1099 to Class Counsel with respect to the
attorneys’ fees and costs awarded to them.
f.
Plaintiffs will request, and defendants will not oppose, payment of an
enhancement award to Plaintiff Delita Jacobs in an amount not to exceed $20,000.00, as
reasonable additional compensation for the time and effort expended by her in connection with
the initiation and maintenance of the litigation. The Class Representative payment will be
deducted from the maximum settlement amount, and is in addition to any payment to which
13
Plaintiff Delita Jacobs is otherwise entitled as a participating class member.
The Class
Representative payment will be reported to the taxing authorities by means of an IRS Form 1099.
g.
For purposes of this agreement, the parties estimate that Settlement
Administrator fees shall not exceed $30,000.00. The Settlement Administrator fees will be
deducted from the maximum settlement amount.
h.
The net aggregate settlement fund shall be allocated and distributed to
participating class members as follows:
i.
Each individual settlement payment will be calculated by
summing the total amount each participating class member is entitled to
from each of the below mentioned categories. The sums allocated to each
category (“the
net
category
allocation”),
which
currently total
$700,000.00, will be reduced proportionally to the net aggregate
settlement amount. 4 The categories are as follows:
1. Minimum Wage and Overtime: Each participating NY minimum
wage/OT class member and PA minimum wage/OT class member
will receive a pro rata share of $127,445.00, based on weeks
worked within the class period, compared to the total weeks
worked by all class members in this category.
2. NY Reserve: Each participating NY reserve class member who
was hired prior to the end of the NY reserve class period will
receive a pro rata share of $312,800.00, based on that class
member’s gross pay within the NY reserve class period, compared
4
Thus the net category allocation can be determined as follows: (gross category allocation /
$700,000) x Net aggregate settlement amount (which remains subject to final calculation).
14
to the total gross pay of the NY reserve class during the NY
reserve class period.
3. PA Reserve: Each participating PA reserve class member who was
hired prior to the end of the PA reserve class period will receive a
pro rata share of $65,700.00, based on the that class member’s
gross pay within the PA reserve class period, compared to the total
gross pay of the PA reserve class during the PA reserve class
period.
4. NY Deduction: Each participating NY deduction class member
who worked within the NY class period will receive a pro rata
share of $132,000.00, based on weeks worked within the NY class
period, compared to total weeks worked by all class members in
this category.
5. PA Deduction: Each participating PA deduction class member who
worked within the PA class period will receive a pro rata share of
$62,055.00, based on weeks worked within the PA class period,
compared to total weeks worked by all class members in this
category.
ii.
Irrespective of the formula set forth above, no class
member shall receive less than twenty-five dollars ($25.00). In the event
that a participating class member’s share, after the combination of the
class member’s settlement amounts from all applicable categories, is less
than $25.00, he will receive additional compensation to bring his share up
15
to $25.00 and all other participating class members’ benefit amounts will
be reduced on a pro rata basis to account for the minimum threshold
amount.
iii.
Each participating class member’s individual settlement
payment will be attributed as 50% back wages and 50% interest. From
each participating class member’s individual settlement, deductions for the
participating class member’s share of federal, state and local income tax
withholding and the participating class member’s share of the FICA tax on
the wage portion of the benefit amount will be made. The Settlement
Administrator will be responsible for issuing an IRS W-2 form to each
participating class member for the wage portion of their benefit amount
payable under this agreement and an IRS 1099 Form for the non-wage
portion as may be necessary.
iv.
Any portion of the individual settlement payment treated as
back wages shall be reported to the Internal Revenue Service (“IRS”) and
the payee under the payee’s name and social security number on an IRS
Form W-2.
v.
Any portion of the individual settlement payment treated as
interest shall be made without withholding and shall be reported to the IRS
and the payee, to the extent required by law, under the payee’s name and
social security number on an IRS Form 1099.
vi.
Payments of Class Counsel’s fees and costs shall be made
without withholding and reported to the IRS and the payee under the
16
payee’s name and taxpayer identification number, which each such payee
shall provide for this purpose, on an IRS Form 1099.
vii.
Any Class Representative payment shall be made without
withholding and reported to the IRS and the payee under the payee’s name
and social security number on an IRS Form 1099.
IV.
NOTICE AND CLAIMS PROCESS
43.
The parties have agreed to the appointment of the Settlement Administrator to
administer this settlement and independently review and verify documentation associated with
any submitted claims or requests to be excluded and to pay the claims to the participating class
members. The Settlement Administrator has been or shall be provided with a class list that
includes each class member’s name, address, social security number, dates of employment, and
work location. Defendants and the Settlement Administrator shall exchange such information as
is necessary for the Settlement Administrator to perform its duties, including making proper tax
withholdings and complying with tax reporting obligations.
Defendants will provide such
information sufficiently in advance to allow the Settlement Administrator to send out settlement
checks on schedule and provide appropriate tax reporting.
44.
Any disputes concerning administration of the settlement (including those
concerning the number of compensable workweeks that a participating class member worked, or
gross pay that a participating class member earned) shall be resolved by the Settlement
Administrator subject to a reasonable dispute resolution procedure.
45.
Within 21 calendar days of the Court entering the order granting preliminary
approval, defendants shall provide (to the extent such information has not already been provided)
to the Settlement Administrator the information necessary, in electronic form, to calculate the
17
settlement payment for all class members, which shall include the names, addresses, social
security numbers, dates of employment, and work locations of all class members (“the class
list”). Defendants agree to provide this information in Excel format, which is acceptable to the
Settlement Administrator. A class list with only employee identification numbers or, if no
employee identification numbers are available, the last four digits of each class member’s social
security number, will be provided to Class Counsel and used solely in connection with
overseeing this settlement. Class Counsel shall destroy the class list provided to it either upon or
before the effective date of the settlement or upon receiving notice that defendants have revoked
this agreement pursuant to paragraphs 60 and 61, below. Class Counsel shall not use the class
list for any purpose other than overseeing this settlement. Class Counsel shall not initiate
contact, or attempt to initiate contact, with any individual on the class list to encourage, solicit, or
convince any class member to participate; provided, however nothing in this agreement shall
prohibit Class Counsel from responding to unsolicited inquiries from class members.
46.
The Settlement Administrator shall update the class members’ addresses through
the National Change of Address Database (“NCOA”) or similar methods to ensure the most
complete and accurate mailing reasonably possible, based on updated address information
reasonably available and send, by first class mail, a notice of pendency of class action, proposed
settlement and hearing date for Court approval (the “class notice”) to each member of the NY
class and PA class in the forms here attached as Exhibits “B” and “C”, or as otherwise approved
by the Court. The Claims Administrator will use the address information provided by defendants
or a more current address from the NCOA or similar methods to ensure that the mailing is sent to
the most accurate address reasonably available.
18
47.
The Settlement Administrator will issue checks to the class members entitled to
payment. All checks issued to the class members shall contain, on the back of the check, the
following limited endorsement:
CONSENT TO JOIN AND FINAL RELEASE OF CLAIMS:
I understand that I have up to 90 days from the date of this settlement
check to sign and cash this settlement check.
I understand that I have consented to join in the case entitled Jacobs et
al. v. Major Energy LLC/Respond Power LLC, et al., Civil Action No
1:12-cv-04842 (FB) (SMG), now pending in the United States District
Court for the Eastern District of New York, and agree to be bound by
the settlement agreement negotiated by Class Counsel in that case. I
agree that this payment represents payment in full for any and all
federal Fair Labor Standards Act, New York Labor Law, Pennsylvania
Minimum Wage Act, Pennsylvania Wage Payment and Collection
Law, and any other state or local labor law, wage and hour and/or
overtime or regular time claims I may or might have against Major
Energy Services LLC/Respond Power LLC, Major Energy Electric
Services LLC, Direct Sales Solutions LLC, and any and all related
persons and entities.
I irrevocably and unconditionally waive, release, extinguish, acquit,
and forever discharge any claim I may or might have for unpaid wages
or regular or overtime pay, or any other claim for violations of the
federal or state wage and hour laws against Major Energy Services
LLC/Respond Power LLC, Major Energy Electric Services LLC,
Direct Sales Solutions LLC, and any and all related persons and
entities.
48.
Any envelopes from the mailings set forth above that are returned with
forwarding addresses will be utilized by the Settlement Administrator to locate class members.
The Settlement Administrator will take appropriate steps (which may include skip tracing) to
ensure that the class notices are sent to all class members. It will be conclusively presumed that
if an envelope has not been returned within thirty (30) days of the mailing, the class member
received the class notice.
19
49.
Any class member may request exclusion from the class by “opting out.” The NY
class notice and the PA class notice will provide that any class members who wish to exclude
themselves (“opt out”) from the settlement must mail to the Settlement Administrator, not later
than 45 days after the date that the Settlement Administrator first mails the class notice, a signed
request to be excluded from the settlement (“request for exclusion”) in the form attached here as
Exhibit “D” and approved by the Court. A request for exclusion must be completed in full,
signed, postmarked and sent to the Settlement Administrator within 45 days from its initial
mailing by the Settlement Administrator, as specified in the class notice, or it will not be
honored. A class member who does not complete and mail a timely request for exclusion in the
manner and by the deadline specified above will, if the Court approves the settlement, be bound
by all terms and conditions of the settlement, including the release set forth herein, and be
deemed a participating class member. An eligible class member who timely submits a request
for exclusion will not participate in or be bound by this settlement or the judgment in any
respect.
Class members who submit a request for exclusion will not be permitted to file
objections to the settlement or appear at the final approval hearing to voice any objections to the
settlement.
50.
The class notice will also provide that class members who wish to object to the
settlement must file with the Court and serve on counsel for the parties, not later than 45 days
after the date that the Settlement Administrator first mails the class notice, a written statement
objecting to the settlement and setting forth the grounds for the objection.
Any written
objections shall state each specific objection and any legal support for each objection. The
objection must also state the class member’s full name, address, and the dates of his or her
employment with defendants. The statement also will indicate whether the class member intends
20
to appear and object to the settlement at the final approval hearing; the failure to so indicate will
constitute a waiver of the right to appear at the hearing. A class member who does not file and
serve an objection in the manner and by the deadline specified above will be deemed to have
waived all objections and will be foreclosed from making any objections to the settlement,
whether by appeal or otherwise. All written objections shall be filed with the Court, with copies
sent to the following:
To Class Counsel:
Andrew B. Stoll
475 Atlantic Avenue
Brooklyn, NY 11217
To Defendants’ Counsel:
Avery S. Mehlman
Jonathan L. Adler
2 Park Avenue
New York, NY 10016
Brent Cossrow
Fisher & Phillips
150 North Radnor Chester Road , Suite C300
Radnor, PA 19087
51.
The Settlement Administrator will certify in writing the following to Class
Counsel and defendants’ counsel within seven days after the deadline to submit a request for
exclusion form:
21
a.
the names of each class member who timely requested to be excluded
from the settlement; and
b.
the names of each class member who did not timely submit a request for
exclusion.
52.
Class Counsel and defendants’ counsel shall thereafter be entitled to file and serve
a response to any such objection[s] no later than five days before the hearing for final approval
of the settlement.
53.
If the Court rejects a class member’s objection, the class member will still be
bound by the terms of this agreement. Class members who submit requests for exclusion shall
not have standing to object to the settlement.
54.
Neither the parties nor their respective counsel will solicit or otherwise encourage
any class member, directly or indirectly, to request exclusion from the settlement, object to the
settlement, or appeal.
V.
RELEASE OF CLAIMS BY THE CLASS
55.
Upon the entry of an order granting final approval by the Court of this agreement,
except as to such rights or claims as may be created by this agreement, the settling class and each
settling class member who has been identified on the class list submitted to the Settlement
Administrator, who does not exclude him or herself, and without the need to manually sign a
release document, shall in exchange for the consideration recited in this agreement, on behalf of
himself or herself and on behalf of his or her current, former, and future heirs, executors,
administrators, attorneys, representatives, agents, and assigns, fully release and discharge
defendants and their past, present and future partners, directors, officers, employees, agents,
servants, registered representatives, administrators, predecessors, successors, subsidiaries,
22
affiliates, parents, fiduciaries, trustees, assigns, attorneys, and agents (collectively the
“releasees”) from all claims, causes of action, damages, liabilities, debts, penalties, obligations,
and demands, whether known or unknown, which were or could have been asserted in the
litigation, including, without limitation, all claims related to (a) defendants’ alleged failure to pay
field representatives and team leaders all compensation due, including wages, regular or
overtime compensation; (b) unlawful deductions; (c) reserve withholding, and/or (d) any other
claims arising under the FLSA, NYLL, PMWA, PWPCL, or and any other state or local labor
law, and including any and all claims for attorneys’ fees, costs, interest, and statutory penalties.
56.
In addition to the release as set forth in paragraph 55 above, with the exception of
paragraph 57 below, Named Plaintiff Delita Jacobs hereby settles with, compromises, releases,
remits, acquits, discharges and reaches accord and satisfaction upon any and all claims, demands,
causes of action, remedies, obligations, damages, and liabilities which she had or now has,
whether known or unknown, against defendants and their past, present and future partners,
directors, officers, employees, agents, servants, registered representatives, administrators,
predecessors, successors, subsidiaries, affiliates, parents, fiduciaries, trustees, assigns, attorneys,
and agents, in addition to those claims already being released by her as part of the class action
stipulation and agreement. This release specifically includes, but is not limited to, any claims for
wages, back pay, front pay, bonuses, commissions, liquidated damages, penalties or punitive
damages arising out of her employment by defendants or the separation of her employment, as
well as any and all claims she may have had, or claims to have as a member or representative of
any class, including, but not limited to claims under the FLSA, NYLL, PMWA, and PWPCL,
Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age
Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act, the
23
Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, New
York State and City Human Rights Laws, Federal and New York State Prevailing Wage Laws,
the Immigration Reform and Control Act, and any other similar federal, state or local antidiscrimination or employment laws.
57.
Irrespective of any other terms or releases specified in this agreement, Named
Plaintiff Delita Jacobs, by signing this agreement and the terms sheet associated with this
agreement, and/or otherwise participating as a settling class member, does not release those
claims asserted by her against defendants in the matter captioned Delita Jacobs v. Major Energy,
et al., Index No. 19518/2012, filed in New York State Supreme Court, Kings County, Civil
Term.
VI.
ADDITIONAL DUTIES OF THE PARTIES
58.
Promptly upon execution of this stipulation of settlement, the parties shall apply
to the Court for the entry of a preliminary order accomplishing the following:
a.
Preliminarily approving this settlement as to form and content;
b.
Preliminarily certifying the class for purposes of settlement;
c.
Approving as to form and content the proposed NY and PA class notices;
d.
Directing the mailing of the class notices by first class mail to the class
e.
Scheduling a hearing to determine whether this settlement should be
members; and
finally approved as fair, reasonable and adequate as to the members of the class, and approving
attorneys’ fees and costs.
59.
At or immediately after final approval by the Court of the settlement provided for
in this agreement, the parties will submit a proposed final order:
24
a.
Approving the settlement, adjudging the terms to be fair, reasonable and
adequate, and directing consummation of its terms and provisions;
b.
Approving the Class Counsel fees and costs payment and the Class
Representative payment, in the manner set forth in this agreement; and
c.
Dismissing this action on the merits and with prejudice and permanently
barring all members of the settling class from prosecuting against the releasees any individual or
class claims released by the members of the settling class, except as set forth in Paragraph 57
above, through the date of preliminary approval, upon satisfaction of all payments and
obligations hereunder.
VII.
VOIDING THE AGREEMENT
60.
If a combined 40% or more of the eligible class members submit valid requests
for exclusion, defendants shall have the option, in their sole discretion, of cancelling the
settlement within 15 business days after their receipt of the report referenced in Paragraph 51,
above.
61.
A failure of the Court to approve any material condition of this agreement, that
effects a fundamental change of the parties’ settlement, shall render the entire agreement
voidable and unenforceable as to all parties herein at the option of any party. A fundamental
change to the settlement includes, but is not limited to, a decision by the Court to strike any of
the claims listed in Section V from the settlement or its release or to modify or alter the terms of
payment of the settlement funds, with the exception of attorneys’ fees or service payments.
Also, if the Court denies final approval of the settlement, then this settlement shall become null
and void. If the settlement is voided through any of these mechanisms, the parties will have no
further obligations under the settlement, including any obligation by defendants to pay the
25
maximum settlement amount or the net aggregate settlement amount, or any amounts that
otherwise would have been owed under this settlement. Each party may exercise this option to
void the settlement by giving notice, in writing, to the other party and to the Court at any time
prior to the effective date of the settlement.
VIII. MEDIA CONTACT AND CONFIDENTIALITY
62.
This agreement shall be filed with the Court and, except as otherwise here
provided, up until this agreement is filed and approved, in order to avoid unnecessary confusion
and/or the dissemination of inaccurate information, plaintiffs, defendants, Class Representative
and Class Counsel shall keep strictly confidential the terms of this agreement, shall not disclose,
make known, discuss or relay orally, or in writing, electronically or otherwise, the existence or
terms of this agreement, any information concerning this agreement, any of the discussions
leading up to this agreement, the facts and allegations underlying the claims in the Complaint,
and/or defendants’ defenses to such claims. The parties recognize and acknowledge that this
agreement was carefully negotiated, and plaintiffs and Class Counsel agree to limit disclosure of
the settlement terms to this agreement itself and the pleadings on the Court docket in order to
avoid unnecessary confusion and/or the dissemination of inaccurate information.
63.
Any communication about the settlement to class members prior to the Court-
approved mailing will be limited to a statement that a settlement has been reached and the details
will be communicated in a forthcoming Court-approved notice. Neither the parties nor their
counsel shall issue any press releases or media releases, utilize any social media, or have any
communications with the press or media, regarding the settlement at any time.
64.
The parties agree and Class Counsel agrees that there will be no advertising,
promotional efforts or materials regarding the litigation or the settlement. Class Counsel agrees
26
that they will not directly or indirectly issue any press release, hold any press conference, make
any posting on any website, instant messaging site, blog, or social networking site, initiate or
respond to any contact with any members of the news media, including, but not limited to, any
radio or television stations, newspapers, or magazines regarding the litigation, the settlement
between the parties, this agreement, or the negotiations of this agreement.
If plaintiffs,
defendants, participating class members or their counsel are asked about the details of the
settlement, they may state only that “the matter has been resolved” and refer to the pleadings on
file with the Court.
IX.
PARTIES’ AUTHORITY AND AGREEMENT OF CLASS REPRESENTATIVE
65.
The parties and their respective signatories represent and warrant that they have
the capacity and full authority to enter into this agreement and to bind the parties to the terms and
conditions set forth in this agreement.
66.
The Class Representative agrees to sign this agreement and by signing this
agreement is bound by the terms herein stated, and further agrees not to request to be excluded as
a class member and agrees not to object to or appeal any of the terms of this agreement. Noncompliance by the Class Representative with this paragraph shall be void and of no force or
effect. Any such request for exclusion or objection shall therefore be void and of no force or
effect.
X.
MUTUAL FULL COOPERATION
67.
The parties agree to fully cooperate with each other to accomplish the terms of
this agreement, including execution of such documents and such other action as may reasonably
be necessary to implement the terms of this agreement. The parties to this agreement shall use
their best efforts, including all efforts contemplated by this agreement and any other efforts that
27
may become necessary by order of the Court, or otherwise, to effectuate this agreement and the
terms set forth here. As soon as practicable after execution of this agreement, Class Counsel
shall, with the assistance and cooperation of defendants and defendants’ counsel, take all
reasonable and necessary steps to secure the Court’s final approval of this agreement.
68.
The outcome of any proceeding related to Class Counsel’s application for
attorneys’ fees and costs shall not terminate this agreement, extinguish any party’s obligations
under this agreement, or otherwise affect the Court’s ruling on the motion for judgment and final
approval.
XI.
NO PRIOR ASSIGNMENTS
69.
The parties represent, covenant, and warrant that they have not directly or
indirectly, assigned, transferred, encumbered, or purported to assign, transfer, or encumber to
any person or entity any portion of any liability, claim, demand, action, cause of action or rights
herein released and discharged.
XII.
NO ADMISSION
70.
Nothing contained in this agreement, nor the consummation of this agreement, is
to be construed or deemed an admission of liability, culpability, negligence, or wrongdoing on
the part of defendants. Each of the parties has entered into this agreement with the intention to
avoid further disputes and litigation with the attendant inconvenience and expenses.
This
agreement is a settlement document and shall be inadmissible in evidence in any proceeding
except in an action or proceeding to approve, interpret, or enforce this agreement.
71.
For settlement purposes only, the parties will stipulate that a class may be
certified, as described in this settlement. The parties agree that certification for settlement
purposes under the lenient standard applied to settlements is in no way an admission that class
28
certification is proper under the more stringent standard applied for litigation purposes, and that
evidence of this limited stipulation for settlement purposes only will not be deemed admissible in
this or any other proceeding.
XIII. NOTICES
72.
Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been duly
given as of the third business day after mailing by first class United States mail, return receipt
requested, addressed:
To Class Counsel:
Andrew B. Stoll
475 Atlantic Avenue
Brooklyn, NY 11217
To Defendants’ Counsel:
Avery S. Mehlman
Jonathan L. Adler
2 Park Avenue
New York, NY 10016
Brent Cossrow
Fisher & Phillips
150 North Radnor Chester Road, Suite C300
Radnor, PA 19087
XIV. CONSTRUCTION
29
73.
The parties agree that the terms and conditions of this agreement are the result of
lengthy, intensive arms-length negotiations between the parties and their counsel. The parties
have jointly participated in the drafting and approval of this agreement, which shall not be
construed in favor of or against any party by reason of the extent to which any party or his, her or
its counsel participated in the drafting of this agreement.
XV.
CAPTIONS AND INTERPRETATIONS
74.
Section and paragraph titles or captions contained in this agreement are inserted
as a matter of convenience and for reference, and in no way define, limit, extend, or describe the
scope of this agreement or any of its provisions. Each term of this agreement is contractual and
not merely a recital.
XVI. MODIFICATION
75.
This agreement may not be changed, altered, or modified, except in writing and
signed by the parties, and approved by the Court. This agreement may not be discharged except
by performance in accordance with its terms or by a writing signed by all of the parties.
XVII. MERGER AND INTEGRATION
76.
This stipulation of settlement contains the entire agreement between the parties
relating to the settlement and transaction contemplated here, and all prior or contemporaneous
agreements, understandings, representations, and statements, whether oral or written and whether
by a party or such party’s legal counsel, are merged here. No rights here may be waived except
in writing.
XVIII. BINDING ON ASSIGNS
77.
This agreement shall be binding upon and inure to the benefit of the parties and
their respective heirs, trustees, executors, administrators, successors and assigns.
30
XIX. CLASS COUNSEL SIGNATORIES
78.
It is agreed that because the members of the class are so numerous, it is
impossible or impractical to have each member of the class execute this agreement. The NY and
PA Class notices will advise all class members of the binding nature of the release and such shall
have the same force and effect as if this agreement were executed by each member of the class.
XX.
CONTINUING JURISDICTION
79.
The Court shall retain jurisdiction over the interpretation and implementation of
this agreement as well as any and all matters arising out of, or related to, the interpretation or
implementation of this agreement and of the settlement it contemplates.
XXI. COUNTERPARTS
80.
This agreement may be executed in counterparts, and when each party has signed
and delivered at least one such counterpart, each counterpart shall be deemed an original, and,
when taken together with other signed counterparts, shall constitute one agreement, which shall
be binding upon and effective as to all parties.
81.
Any party may execute this agreement by causing its counsel to sign on the
designated signature block below and transmitting that signature page via facsimile or email to
counsel for the other party. Any signature made and transmitted by facsimile or email for the
purpose of executing this agreement shall be deemed an original signature for purposes of this
agreement and shall be binding upon the party whose counsel transmits the signature page by
facsimile or email.
XXII. INDEMNIFICATION
82.
In signing this agreement, Class Counsel Andrew B. Stoll represents that he has
full authority to represent the Class Representative and named plaintiffs, and that Stoll,
31
Glickman & Bellina, LLP was retained by, and has represented plaintiffs since August 13, 2012.
Class Counsel agrees to indemnify defendants in the unlikely event of any claims for attorneys’
fees made by Christopher Q. Davis or any attorneys currently employed by him.
XXIII. CONSENT TO PROCEED BEFORE A MAGISTRATE
81.
Upon signing of this agreement, the parties and their counsel agree to sign and
submit to the Court a form consenting to a United States magistrate’s authority to conduct all
proceedings relating to settlement and administration of the settlement of this matter. In the
event that this agreement is not approved, is voided or the settlement does not become effective,
defendants reserve the right to revoke their consent.
DATED: October ___, 2014
Andrew B. Stoll
Attorney for Delita Jacobs, and Proposed Class
Counsel
____________________________________
Kathleen McLeod Caminiti, Esq. (Pro Hac Vice)
Fisher & Phillips LLP
430 Mountain Avenue, Suite 303
Murray Hill, New Jersey 07974
Attorney for Direct Sales Solutions Defendants
Avery S. Mehlman, Esq.
Jonathan L. Adler, Esq.
Herrick, Feinstein LLP
2 Park Avenue
New York, New York 10016
Attorneys for Major Energy Defendants
32
_______________________________________
Delita Jacobs, Class Representative
MAJOR ENERGY SERVICES LLC/RESPOND
POWER LLC
Name:
Title:
MAJOR ENERGY ELECTRIC SERVICES
LLC
Name:
Title:
DIRECT SALES SOLUTIONS LLC
DATED: October___, 2014
Name:
Title:
SAUL HOROWITZ
ASHER FRIED
MARK WIEDERMAN
33
SHAI FISHMAN
34

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW

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