KM C754e-20140626161013SETTLEMENT AGREEMENT This Settlement Agreement is made by and between the undersigned parties on behalf of IKEA CALIFORNIA, L.L.C., a limited liability corporation;

EXHIBIT 1

SETTLEMENT AGREEMENT

This Settlement Agreement is made by and between the undersigned parties on behalf of IKEA CALIFORNIA, L.L.C., a limited liability corporation; and IKEA U.S. WEST, INC (collectively referred to herein as "Defendants') and the individual named plaintlff, Alicia Miller, and the proposed class and each of its members (collectively "Plaintiffs") in Miller v. Ikea California, L.L C., et.al., (Superior Court of the State of California for the County of Orange, Case No. 30-2009-00331682) (the "Litigation") with respect to the settlement of all claims pied in the currently operative complaint filed in the Litigation.

I. NATURE OF THE CASE AND THE PARTIES' SETTLEMENT

1. The Parties and Class Counsel. The Plaintiff and the Defendants are collectively referred to as "the Parties". "Class Counsel" refers to the law firms of Marlin & Saltzman, LLP and The Law Offices of Peter M. Hart.

2. The Class Action. On December 24, 2009, Plaintiff filed a class action complaint in the Orange County Superior Court (''The Class Action"), on behalf of persons who have been or currently are employed by Defendants within the State of California as hourly employees during the Class Period.

3. Plaintiff and Her Claims. Plaintiff worked as an hourly employee at the Defendants' Costa Mesa location. Her Class Action alleges that Defendants (1) failed to (a) pay all wages, (b) timely provide meal periods, (c) to pay "reporting time" wages, (d) furnish accurate wage statements, (e) to pay vested personal time, (f) timely pay employee wages upon their discharge, and (2) engaged in unfair business practices. Plaintiffs Class Action also includes a claim for remedies under the California Private Attorneys General Act of 2004.

4. The Mediation. The Parties engaged in two mediations with two separate mediators. The first was conducted by the Hon. David Velasquez (Ret.), and was unsuccessful. 'fhe second was conducted by Attorney David Rotman, a highly experienced professional mediator, and resulted in a tentative settlement of this case. The terms of the Parties' agreement are set forth herein and this settlement agreement is a result of the Parties' arms-length negotiation.

5. The Settlement Class and Class Activities. The persons covered under this Settlement Agreement ("the Settlement Class") include:

AU of DEFENDANTS' California employees, employed during the time frame from December 24, 2005 until February 24, 2014 (the "Class Period"), who DEFENDANTS classified as non-exempt.

Excluded from the class are non-exempt employees who were or are managers and/or supervisors.

Sub-Class No. 1: All members of the Plaintiff Class whose employment ended during the class period.

Miller vs. Ikea California, L.L.C., et.al. - Settlement Agreement Page 1

In the event either prelimiriary or final approval of the settlement memorialized by this Settlement Agreement is not obtained or, if obtained, is reversed upon appeal, the Parties shall be returned to their respective positions in this Litigation as they existed immediately prior to the execution of this Agreement. Furthermore, nothing said· or represented in connection with obtaining approval of the Court with respect to this settlement, either on a preliminary or final basis, shall be admissible for any purpose other than to obtain approval by the Court of this settlement.

6. Non-admissions. Defendants deny any liability or wrongdoing of any kind associated with the claims alleged in Plaintiff's Complaint, and further contend that, for any purpose other than settlement, this action is not appropriate for class treatment. Defendants contend, among other things, that they complied at all times with the California Labor Code. Plaintiff believes she filed a meritorious action based on alleged violations of California's wage and hour laws and believes that class certification is appropriate because the requisites for class certification can be satisfied in this case.

7. Investigation. Class Counsel have investigated the facts of the class action, including an extensive review of voluminous documents, and have diligently pursued an investigation of Class Members' claims against Defendants. Based on their own independent investigation and evaluation, Plaintiff and Class Counsel believe that this Settlement Agreement is fair, reasonable, and adequate and is in the best interest of the Settlement Class in light of all known facts and circumstances, including the risk of significant delay, failure of a motion for class certification, decertification, defenses asserted by Defendants, anci potential appellate issues.

8. Cooperation. The Parties agree to cooperate and take all steps necessary and appropriate to effectuate the terms of this Settlement Agreement.

II. TERMS OF SETTLEMENT

9. Purpose of the Parties. The Parties agree that this action and any claims arising out of the dispute described in this Settlement Agreement be settled on the terms described herein as between the Settlement Class and Defendants, subject to the approval of the Court.

10. Certification of a Settlement Class. For the purpose of effectuating the settlement memorialized by this Settlement Agreement, the parties agree to stipulate, as part of the settlement and in connection with a motion for preliminary approval of a class settlement, to the certification of a settlement class and a sub-class defined above in Paragraph I.

In the event either preliminary or final approval of the settlement memorialized by this Settlement. Agreement is not obtained or, if obtained, is reversed upon appeal, the Parties shall be returned to their respective positions in this Litigation as they existed immediately prior to the execution of this Agreement. Furthermore, nothing said or represented in connection with obtaining approval of the Court with respect to this settlement, either on a preliminary or final

Mlller vs. Ikea California, L.L.C., et.al. - Settlement Agreement Page2

basis, shall be admissible for any purpose other than to obtain approval by the Court of this settlement.

11 . Settlement ''Effective Date." The settlement embodied in this Settlement Agreement shall become effective on the earlier of:

(a) the Court's final approval of settlement if no objections by Class Members have been filed, or upon final approval and any objection has been withdrawn;

(b) if an objection has been filed and not withdraw; the time to appeal a ruling on the objection has expired and no appeal has been filed; or

( c) the final resolution of any appeal that has been filed.

12. Gross Settlement Fund. In consideration for release of the claims of the Settlement Class against Defendants (as described more fully in Section V, below), Defendants agree to create a non-reversionary "Gross Settlement Fund" of FIVE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($5,750,000). The Gross Settlement Fund ( .. Settlement Fund") shall be comprised of the amount to be paid for approved claims, Attorneys' Fees, Costs and Expenses awarded by the Court, incentive payment to the class representative awarded by the Court, any and all employer-side payroll tax payments resulting from the completion of this settlement and the costs of notice and administration of the settlement.

a. Class Members shall not be required to present a claim in order to share in the settlement. Each class member will be provided with a court approved Notice describing the terms of the settlement, and an Estimated Settlement Share Amount, setting forth the parties' best estimate of the amount to be awarded to each individual class member.

b. Subject to court approval, Class Counsel shall move the Court that the Class Representative shall be paid a reasonable incentive compensation of up to $30,000.00 in light of the fact Plaintiff declined an individual settlement offer by Defendant. Defendant acknowledges making a $25,000 individual settlement offer to plaintiff. Defendant reserves the right to comment upon plaintiffs request for an enhancement award. Such incentive compensation shall be paid out of the Gross Settlement Fund.

c. Class Counsel shall apply to the Court for an award of Attorneys' Fees and Costs. Defendants will not oppose an application for a reasonable award of Attorneys' Fees up to 1/3 (33.3%) of the Class Settlement Fund, plus Costs and Expenses. Amounts awarded by the Court for Attorneys' Fees and Costs shall be paid from the Gross Settlement Fund.

13. Net Settlement Fund. The "Net Settlement Fund" is the balance of the Gross Settlement Fund after payments have been made from the Gross Settlement Fund for attorneys' expenses, attorneys' fees, the Named Plaintiff's Service Award, the Private Attorneys General Act payment, and costs of settlement administration of the Settlement.

Miller vs. Ikea California, L.L. C., et.al. - Settlement Agreement Page3

14. Payment From Net Settlement Fund. Each Settlement Class Member is eligible to Net Settlement Fund proceeds in proportion to the number of work weeks the member worked "in California as an hourly employee during the class period.

15. Payments to Class Members. Calculation of payments shall be on a point system, with one point given for each week of employment, and 4 additional points given if a class member is a former employee. The calculation of a class member's payment shall involve multiplying the Net Settlement Fund by a fraction, the numerator of which is an individual class member's total points, and the denominator of which is the total points of all class members.

16. Uncashed Checks. All settlement checks shall expire after 180 days of initial issuance. In accordance with California's Unclaimed Property Law, any funds attributable to uncashed checks will escheat to the State of California in the name and for the benefit of the particular class member(s) to whom they pertain.

17. Attorneys' Expenses. Class Counsel will apply to the Court for, and Defendants will not oppose, payment of Class Counsel's expenses from the Gross Settlement Fund, in an amount not to exceed $90,000. Attorneys' Expenses shall include, but not be limited to, all costs and expenses incurred by Plaintiff and the Settlement Class in the prosecution of this action.

18. PAGA Payment. Pursuant to the Private Attorneys General Act of 2004, a PAGA payment in the amount of $5,000 for alleged Labor Code violations shall be paid out of the Gross Settlement Fund, 75% of which shall be paid to the California Labor and Workforce Development Agency ("LWDA") and 25% to Settlement Class claimants, on a per rata basis.

19. Taxes. The Settlement Administrator will make appropriate wage deductions and report payments on IRS Forms W-2 and 1099 as appropriate. As to the non-PAGA payment, the Parties allocate the payments as follows: 30% to wages, 35% to interest, and 35% to penalties. Members of the Settlement Class shall be responsible for the payment of any taxes attributable to such payments and hereby agree to indemnify and hold Defendants harmless for tax liability, the failure to withhold, and interest or penalties imposed thereon, except that the Settlement Administrator will allocate and pay the appropriate amounts from the Class Settlement Fund to pay all employer-side taxes.

III. SETTLEMENT ADMINISTRATOR

20. Appointment. The Parties have agreed to the appointment of Simpluris, Inc. to perform the duties of a Settlement Administrator for the purpose of coordinating notice, issuing and mailing settlement checks and reporting payments to the IRS and to Settlement Class Members. The Settlement Administrator shall report, in summary or narrative form, the substance of its findings.

21. Administration Fees. The Parties have agreed that costs of administration will not exceed $70,000. If the Settlement Administrator's fees and costs are less than that amount, then the residual shall be added to the Net Settlement Fund for distribution to the participating Settlement Class Members on a pro rata basis.

Miller vs. Ikea California, L.L.C., eta/. - Settlement Agreement Page4

22. Resolution Of Disputes. All disputes relating to the Settlement Administrator's ability and need to perform duties shall be referred to the Court, if necessary, which will have continuing jurisdiction over this Settlement Agreement until all obligations contemplated by the Settlement Agreement have been fully carried out.

IV. NOTICE TO THE SETTLEMENT CLASS

23. Notice Of Settlement. Each member of the Settlement Class will be given notice of the class action settlement via direct mail. The address for the direct mailing will be supplied by Defendants and will represent the class member's last known address based on Defendant's records. For class members whose notice is returned to the claims administrator undelivered there will be an additional attempt to secure a correct address using "skip tracing" and, if such "skip tracing" is successful, a subsequent notice shall sent to the class member at the new address.

The Claims Administrator shall set up and maintain a website for the settlement from which class members can access the settlement documents and provide the Claims Administrator with information concerning address and contact information changes, and shall institute appropriate security protocols. The website's address will be listed in the direct mail notice.

24. Notice of Settlement Share. Settlement Class Members shall also receive a Notice of Anticipated Settlement Share which will provide them with the Administrator's best estimate of the settlement proceeds each will receive if all requested fees, costs, enhancements, PAGA award and administration expenses are awarded by the Court.

25. · Opt Out Form. Settlement Class Members shall have 30 days from the distribution of the Notice to complete an Opt Out Fonn, sign it, and postmark it for mailing to the Settlement Administrator. Unsigned Opt Out Forms or those postmarked after the deadline will not be honored.

26. Class Member Mailing. Copies of the Notice of Class Action Settlement, Notice of Estimated Settlement Share, and Opt Out Form, all approved by the Court, shall be delivered by the Settlement Administrator to the last known address of each Class Member. The Notice of Class Action Settlement shall be available for viewing on the Settlement Administrator's Website and Class Counsel's website, substantively in the form attached hereto as Exhibit 2. The Notice of Class Action Settlement will instruct Class Members as to the methods by which they may obtain additional information regarding this Class Action Settlement.

27. Objections. The Notice shall provide that the Class Members who object to the Settlement must file with the Court either a written statement objecting to the Settlement or a written notice of intention to appear at the Final Approval hearing and object. Such written statement or notice must be filed with the Court and served on counsel for the Parties within 30 calendar days following the date of the Notice (and in the case of a re-mailed Notice, the date of the re-mailed Notice). Class Members who fail to file and serve timely written objections or notice of intention to appear and object in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement.


28. Funding of Settlement. Within 10 days of the Settlement Effective Date, Defendants shall complete transfer of the Gross Settlement Amount to the Settlement Administrator.

29. Distribution of Settlement Funds. Funds shall be distributed to Class Members, Class Counsel and the Representative Plaintiff as soon as practical after the funding of the Settlement as set forth in paragraph 27.

V. RELEASE BY THE NAMED PLAINTIFFS AND THE CLASS

30. Scope of Release. Upon the final approval by the Court of this Settlement Agreement, and except as to such rights or claims as may be created by this Settlement Agreement, each member of the Settlement Class fully releases and discharges Defendants and all of their past, present, and future parent companies, subsidiaries, affiliates, divisions, agents, management companies, and single-copy distributors, and all of their respective employees, members, officers, directors, partners, legal representatives, accountants, trustees, executors, administrators, real or alleged alter egos, predecessors, successors, transferees, assigns and insurers, from liability for the claims that were asserted in the Third Amended Complaint, and arising out of the acts, facts, transactions, occurrences, representations, or omissions set forth in the Third Amended Complaint, for the time frame from December 24, 2005 until February 24, 2014. Claims that shall not be released include claims for unemployment compensation, workers' compensation, employment discrimination, and retaliation, except that all claims are being released by named Plaintiff Alicia Miller to the fullest extent permitted by law.

31. Named Plaintiff Release. In addition to the releases made by the Settlement Class Members, Plaintiff Alicia Miller makes the additional following general release of all claims, known or unknown, in exchange and consideration of the sum set forth above. Plaintiff agrees to a general release of the Released Parties from all claims, demands, rights, liabilities, grievances, demands for arbitration, and causes of action of every nature and description whatsoever, known or unknown, pending or threatened, asserted or that might have been asserted, whether brought in tort or in contract, whether under state or federal or local law. Plaintiff's release includes all employment-related and non-employment-related claims, whether known or unknown, arising during the Class Period.

Except as otherwise specifically provided under this Settlement Agreement, Plaintiff Alicia Miller expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, which states: "A General Release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known· by him or her must have materially affected his or her settlement with the debtor."

Mfller vs. Ikea California, L.L.C., eta/. - Settlement Agreement Page6

VI. MISCELLANEOUS PROVISIONS

32. Cooperation and Approvals. The parties and counsel will cooperate in obtaining the Court's approval of the settlement and in preparing and executing all documents relating thereto.

33. Confidentiality. The negot1at1ons, terms and existence of this Settlement Agreement will remain strictly confidential and shall not be discussed with anyone other than the parties of record, counsel of record, their retained consultants, and the mediator. Any confidentiality associated with the terms of this settlement shall expire upon the filing of a motion for preliminary approval by the Court of the proposed settlement, except: (i) the negotiations and discussions preceding submission of the settlement to the Court for approval, and any negotiations and discussions between the time of preliminary approval and final approval, shall remain strictly confidential (unless otherwise ordered by the Court); and (ii) Defendants may disclose the settlement in filings that it is required to make with the Securities and Exchange Commission, including 10-Q and 10-K filings.

Upon distribution of all Settlement Funds, the Parties shall destroy all confidential documents relating to the Litigation and this Settlement within 21 business days, and Class Counsel shall sign a declaration so confirming.

34. Press Contact. Prior to final approval by the Court, neither side shall make any public statements, including all forms of media, concerning the settlement, and both sides shall decline to respond to media inquiries concerning the settlement.

35. Notice to Court and Status Quo. The parties to the Litigation shall notify the Court of their intent to resolve the Litigation and request that all pending motions, deadlines, and proceedings be stayed. In the event that no final, non-appealable order approving the settlement is entered, the settlement shall be deemed null, void, and unenforceable and the parties shall be returned to their status quo as of the date notice of the settlement was provided to the trial court.

36. Resolution of Disputes. The parties agree that this Agreement shall be binding and enforceable pursuant to California Code of Civil Procedure section 664.6, with any disputes reviewable by the Court in which the Litigation was brought.

37. Venue. The parties agree that venue for purposes of obtaining preliminary and final Court approval shall be with the Superior Court of the State of California for the County of Orange, the Hon. Gail A. Andler, Judge, presiding.

Millervs. Ikea Californta, L.L.C., et al. - Settlement Agreement Page 7

On behalf of Plaintiff and Proposed Settlement Class:

On behalf of Defendants:

IKEA CALIFORNIA, L.L.C.

By: ________ _ Its: ~~~~~~~~~~-

IKEA U.S. WEST, INC

Counsel for Plaintiff an Class

Peter M. Hart, Esq. Law Offices of Peter M. Hart

Counsel for Defendants

Scott Lacunza, Esq. JACKSON LEWIS, LLP

Miller vs. Ikea California, L.L.C., et.al. - Settlement Aareement Pages

Dated: I { '2-!/ -uJ 11 On behalf of Plaintiff and Proposed Settlement Class:

Alicia Miller Plaintiff and Class Representative



IKEA U.S. WEST, INC

Counsel for Plaintiff and Proposed Settlement Class

Louis M. Marlin, Esq. Marlin & Saltzman, LLP




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Miller vs. Ikea California, L.L.C.1 et.al. - Settlement Agreement Page8

(

AMENDMENT TO SETTLEMENT AGREEMENT

This document amends the Settlement Agreement previously entered into between the undersigned parties on behalf of IKEA CALIFORNIA, L.L.C., a limited liability corporation; and IKEA U.S. WEST, INC (collectively referred to herein as "Defendants') and the individual named plaintiff, Alicia Miller. and the proposed class and each of its members (collectively "Plaintiffs") in Miller v. Jkea Cal{fornia, L.L.C., el.al., (Superior Court of the State of California for the County of Orange, Case No. 30-2009-0033 ,1682) (the " Litigation") with respect to the settlement of all claims pied in the currently operative complaint filed in the Litigation.

PURPOSE OF AMENDMENT: The purpose of this amendment is to address the Court's concerns with regard to the payment of employer-side payroll taxes associated with the class members' settlement shares. By this agreement, the Settlement Agreement is being modified to: ( 1) remove the employer-side payroll taxes as an item deducted from the Gross Settlement Fund; and (2) to pay the employer-side payroll taxes from the award of attorneys' fees to be approved by the Court.

MODIFICATIONS: To further the purpose of this amendment, the parties hereby stipulate to the following modifications of the Settlement Agreement (affected language underlined as noted).

Page 3, Paragraph 12

Original Language:

Gross Settlement Fund. In consideration for release of the claims of the Settlement Class against Defendants (as described more fully in Section V, below), Defendants agree to create a non-reversionary "Gross Settlement fund" of FIVE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($5,750,000). The Gross Settlement Fund ("Settlement Fund") shall be comprised of the amount to be paid for approved claims, Attorneys' Fees, Costs and Expenses awarded by the Court, incentive payment to the class representative awarded by the Court, any and all employer side payroll tax payments resulting from the completion of this settlement and the costs of notice and administration -of the settlement.

(Emphasized language deleted.)

Shall now read:

Gross Settlement Fund. In consideration for release of the claims of the Settlement Class against Defendants (as described more fully in Section V, below), Defendants agree to create a non-reversionary "Gross Settlement Fund" of FIVE MJLLJON SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($5,750,000). The Gross Settlement Fund ("Settlement Fund") shall be

Miller vs. Ikea California, L.L.C., et.al. -Amendment to Settlement Agreement Page 1

comprised of the amount to be paid for approved claims, Attorneys' Fees, Costs and Expenses awarded by the Court, incentive payment to the class representative awarded by the Court, and the costs of notice and administration of the settlement.

Page 3, Paragraph 12.c

Original Language:

Class Counsel shall apply to the Court for an award of Attorneys' Fees and Costs. Defendants will not oppose an application for a..reasonable award of Attorneys' Fees up to 113 (33.3%) of the Class Settlement Fund, plus Costs and Expenses. Amounts awarded by the Court for Attorneys' Fees and Costs shall be paid from the Gross Settlement Fund.

Modified Language:

Class Counsel shall apply to the Court for an award of Attorneys' Fees and Costs. Defendants will not oppose an application for a reasonable award of Attorneys' Fees up to 1/3 (33.3%) of the Class Settlement Fund, plus Costs and Expenses. Amounts awarded by the Court for Attorneys' Fees and Costs shall be paid from the Gross Settlement Fund. The employer-side payroll taxes will be paid from the amount awarded as fees to Class Counsel.

(Emphasized language added.)

Page 4, Paragraph 19

Original Language:

Taxes. The Settlement Admjnistrator will make appropriate wage deductions and report payments on IRS Fonns W-2 and 1099 as appropriate. As to the nonPAGA payment, the Parties allocate the payments as follows: 30% to wages, 35% to interest, and 35% to penalties. Members of the Settlement Class shall be responsible for the payment of any taxes attributable to such payments and hereby agree to indemnify and hold Defendants harmless for tax liability, the failure to withhold, and interest or penalties imposed thereon, except that the Settlement Administrator will allocate and pay the appropriate amounts from the Class Settlement Fund to pay all employer-side taxes.

(Emphasized language deleted.)

Modified Language:

Taxes. The Settlement Administrator will make appropriate wage deductions and report payments on IRS Forms W-2 and 1099 as appropriate. As to the non-

Miller vs. Ikea California, L.L.C., et.al. -Amendment to Settlement Agreement Page 2

PAGA payment, the Parties allocate the payments as follows: 30% to wages, 35% to interest, and 35% to penalties. Members of the Settlement Class shall be responsible for the payment of any taxes attributable to such payments and hereby agree to indemnify and hold Defendants hannless for tax liability, the failure to witW1old, and interest or penalties imposed thereon, except that the Settlement Administrator will allocate and pay the appropriate amounts from the fees awarded to Class Counsel, to pay all employer-side taxes.

(Emphasized language added.)

In all other respects, the Settlement Agreement previously submitted to the Court for approval will control and continue for all intents and purposes.

[SIGNATURE PAGE FOLLOWS]

Miller vs. Ikea California, L.L.C., et.al. - Amendment to Settlement Agreement Page 3






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Miller vs. Ikea California, l.l.C., et.al. -Amendment to Settlement Agreement Page4

On behalf of Plaintiff and Prooosed Settlement Class:

Counsel for Plaintiff and Proposed Settlement

. ic1a Miller Plaintiff and Class Representative



By: _ _________ _

Its: - ----- -------- -IKEA U.S. WEST, INC

By: _______ ____ _ Its: ----------------

Class


Dated: - - - --- --



Miller vs. Ikea California, L.L.C., etaL - Amendment to Settlement Aareement Page4







By: ____ _____ _

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sc-OttUilza:Esq. -=

JACKSON LEWIS, LLP

Miller vs. Ikea California, L.L.C., et.al. -Amendment to Settlement Agreement Page4

EXHIBIT 2A

1 Louis M. Marlin (SBN: 54053) Stephen P. O'Dell (SBN: 132279)

2 MARLIN & SALTZMAN, LLP 3200 El Camino Real, Suite 100

3 Irvine, CA 92602 (714) 669-4900; Fax: 669-4750

4 Peter M. Hart, Esq. (SBN: 198691)

5 · LAW OFFICES OF PETER M. HART 12121 Wilshire Blvd., Suite 205

6 Los Angeles, CA 90025 (310) 478-5789; Fax: (310) 561-6441

7 Attorneys for Plaintiff ALICIA MILLER,

8 individually and on behalf of all other similarly situated individuals

9

ELECTROHICALL Y FILED Superior Court of California.

County of Orange

0112912014 at 12 :37 :DD PM

Clerk of the Superior Court By Inna Cook. Deputy Clerk

10

11

12

13

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE, CIVIL COMPLEX CENTER

ALICIA MILLER, as an individual and on 14 behalf of all others similarly situated,

15 Plaintiff,

16 vs.

17 IKEA CALIFORNIA, LLC, a limited liability corporation; IKEA U.S. WEST, INC., a

18 corporation, and DOES 1through100, inclusive,

19

20

21

22

Defendants.

Case No.: 30-2009 00331682

(Assigned to: Hon. Gail A. Andler, CX-101)

DECLARATION OF STEPHEN P. O'DELL IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

DATE: TIME: DEPT.:

February 24, 2014 1:30p.m. CX-101

Complaint Filed: December 24, 2009

23

24

25

26

I, Stephen P. O'Dell, hereby declare and state as follows:

1. That I am an attorney, licensed to practice before all of the courts of this state and

27 am an associate with Marlin & Saltzman, LLP, co-counsel of record for the plaintiff, Linda

28 Maire, and the proposed class of individuals similarly situated, in this case. The matters set forth Deel. of Stephen P. O'Dell in Support of Motion For Preliminary Approval Of Class Settlement

1

1 herein are of my own, personal, knowledge, except as to those matters indicated to be based

2 upon information and belief, and as to those items, I believe them to be true, and I would and

3 could competently testify thereto, if called upon and sworn.

4 2. Along with Louis M. Marlin, I have been the attorney tasked with the handling of

5 this case, since the time that our firm associated in as counsel, and am intimately familiar with

6 how the case has progressed throughout its history, up to the present time.

7 3. I have attached hereto, as Exhibit-A, a true and correct copy of the settling

8 parties' Joint Stipulation of Settlement of Class Action.

9 4. I have attached hereto, as Exhibit-B, a true and correct copy of the proposed Class

10 Notice, contemplated by Exhibit-A.

11 5. I have attached hereto, as Exhibit-C, a true and correct copy of the proposed

12 Notice of Anticipated Settlement Share, contemplated by Exhibit-A.

13 6. I have attached hereto, as Exhibit-D, a true and correct copy of the proposed Opt-

14 Out form, contemplated by Exhibit-A.

15 7. As the Court's file will reflect, this case was filed by the Law Offices of Peter M.

16 Hart, on December 24, 2009.

17 8. Marlin & Saltzman, LLP, associated into the case with the Law Offices of Peter

18 M. Hart, on or about March 8, 2010.

19 9. The First Amended Complaint was filed on or about June 30, 2010. Defendants

20 filed their answer thereto on or about August 16, 2010.

21 10. A Second Amended Complaint was deemed filed, by Court order, on January 14,

22 2013. The operative Third Amended Complaint was deemed filed and served, by Court order,

23 on August l, 2013. Defendants' answer to the First Amended Complaint was deemed to be

24 effective for all intents and purposes, with respect to the Second and Third Amended

25 Complaints.

26 11. Plaintiff propounded written discovery on Defendants, consisting of Special

27 Interrogatories and Requests for Production. Originally served on Defendants in 2010, the

28 responses to these sets of discovery have been rolled out over the course of this litigation,

Deel. of Stephen P. O'Dell in Support of Motion For Preliminary Approval Of Class Settlement 2

1 supplemented with document productions at depositions, and updated by Defendants, at

2 Plaintiff's request, up through July of 2013. The discovery has resulted in thousands of pages of

3 relevant documents having been produced, including, but not limited to, Ms. Miller's personnel

4 file, Ms. Miller's timekeeping records, the Ikea Employee Handbook (from 2006 to 2010),

5 updates and modifications to the written policies and procedures contained in the Handbooks,

6 internal and managerial versions of the policies and procedures, online versions of policies and

7 procedures (after cessation of the hard copy Handbook in 2010) through January 2013, and

8 massive timekeeping and payroll data for all class members from the inception of the Class

9 Period through 2011 (later supplemented under the mediation privilege).

10 12. Your declarant took the deposition of Defendants' Manager of Co-Worker

11 Relations for all of North America, Mary Lou Begg, over the course of two, separate days in

12 January 2011. Among her job duties, Ms. Begg was responsible for the contents of the

13 Handbook and modifications to company policies and procedures. She was examined, in depth,

14 regarding the policies and procedures at issue in this case, including timekeeping, the rounding

15 policy, the "grace period" policy, attendance, meal and rest breaks, Reporting Time Pay, payroll

16 policies and the generation of pay stubs, personal time off ("PTO") policies, bonuses paid by

17 Ikea, and termination payment procedures.

18 13. Your declarant defended Ms. Miller's deposition, which took place over the

19 course of two, separate days, in January and June of 2011. The process was quite demanding on

20 Ms. Miller and reduced her to tears at one point during the second session. She was examined

21 about all of her experiences at Ikea, during the time that she worked there, as well as her

22 observations of how other similarly situated individuals were treated.

23 14. Defendants' U.S. Labor and Workforce Manager, for all of North America, James

24 Highfill, was deposed in February 2012. His testimony focused on the technical aspects of

25 Defendants' timekeeping system (Kronos) and its interface with the operations and payroll

26 functions. He provided key testimony on the structure of the data maintained by Defendants and

27 how that data was passed on to generate paychecks and pay stubs.

28 15. In the latter part of 2010 and early part of 2011, the parties stipulated to a Belaire-


1 West procedure that resulted in Plaintiff's counsel obtaining contact information for the putative

2 class members. From this, Plaintiff's counsel was able to interview literally dozens of putative

3 class members who worked at Ikea stores throughout the State of California. The information

4 collected proved extremely valuable to helping Plaintiff's counsel prepare for depositions and to

5 assess the relative strengths and weaknesses of the claims on a classwide basis. (As the Court

6 may recall, one of the significant changes made in the Third Amended Complaint was to drop

7 the rest period claim.) Interviews were conducted on an ongoing basis between the first quarter

8 of 2011 until October 2013. Interviews were conducted telephonically and in person. Several

9 individuals were interviewed on multiple occasions.

10 16. As the Court may recall, there was a major delay (of about a year) in Defendants'

11 production of the timekeeping and payroll data. Once that data had been provided, Plaintiff's

12 counsel retained economic consultants to process, analyze, and report on the data. This process

13 eventually spilled over to the first mediation preparations.

14 17. The timekeeping and payroll data produced by Defendants pertained to each

15 timekeeping entry (both "actual" and "rounded") for each person fitting the class definition,

16 throughout out the state. Additionally, payroll data for each of those individuals was also

17 produced. The data assisted Plaintiffs counsel in evaluating the strengths and weaknesses of the

18 claims, especially with respect to the rounding/time-shaving, meal breaks, and Reporting Time

19 Pay, but less so with respect to the other claims. At this point, it became clear that the strongest

20 claim for certification was the rounding/time-shaving claim.

21 18. In late 2012/early 2013, Plaintiff's counsel moved forward with final preparations

22 to file the Motion for Class Certification. Based on conversations with defense counsel, it

23 became clear that there may be a significant window for settlement prior: to the filing of the

24 motion.

25 19. It is worth noting that Defendants had made previous settlement offers, but only

26 to Ms. Miller on an individual basis. The first was in June 2010, at which time a $20,000 offer

27 was made. This was no small sum and, in light of Ms. Miller's circumstances, it took a

28 tremendous amount of character and commitment to the class for her to turn it down. Later,


1 Defendants tested that character and commitment, again, by making a second settlement offer of

2 $25,000, in August 2011. Ms. Miller, again, declined the offer.

3 20. The parties agreed to mediate with Hon. David C. Velasquez (ret.). Plaintiffs

4 counsel requested and received updated class data (through the end of 2011).

5 21. Going into the mediation with Judge Velasquez, we worked with Plaintiff's

6 economic and data consultants to evaluate Plaintiff's claims on a classwide basis and to prepare a

7 damages model for use at the mediation. There were about 6,800 class members, identified

8 through Defendants' payroll records. Based on that model, we found that the strongest case, for

9 which Plaintiff could provide evidence, was the rounding/time-shaving claim. The data available

10 at that time revealed that the claim was worth approximately $1,467,160 over the class period.

11 22. The meal period claim presented more challenges because the Defendants had

12 settled a prior meal and rest period case (Culbertson v. !KEA) in June of 2009. The settlement in

13 that case contained a release of all meal and rest period claims encompassed by the case, through

14 the date of the final approval/judgment (June 24, 2009). This impacted the meal break claims

15 being asserted by Plaintiff, because it meant that the class period started in (basically) July 2009,

16 whereas the class period for the rounding/time-shaving claims started in December 2005. Using

17 the July 2009 starting date, the data revealed that demonstrable meal period violations totaled

18 almost $800,000 (assuming one hour of pay for each violation at the classwide blended rate of

19 $12.73).

20 23. The data did not provide sufficient information to permit as solid calculations of

21 Reporting Time Pay or unpaid PTO, although it reflected that these violations were occurring.

22 Plaintiffs consultants used broad assumptions to calculate the damages and we understood that

23 these claims were vulnerable.

24 24. The late pay claims and wage statement claims (Labor Code §§ 203 and 226)

25 were, likewise,. impacted by the Culbertson settlement because of the breadth of the release. The

26 degree of impact, however, was not as well defined as with the meal breaks.

27 25. Based on the data, with the broad assumptions and impact of the prior settlement

28 given a reasonable effect, the claims that were certain from the data totaled $2,267,160.


1 Derivative and secondary claims contributed some minor, potential, additional value.

2 26. At the mediation, on April 4, 2013, the parties agreed, for the most part, on what

3 the data showed, with respect to objective criteria, such as the number of class members, hours

4 worked, shifts worked, and the blended hourly wage. However, we encountered most of the

5 arguments that we had anticipated Defendants would make. They stood firm on their

6 interpretation of See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889 to

7 exonerate their rounding and "grace period" practices. They asserted the Culbertson settlement

8 as to the meal breaks, the PTO, the wage statements, and the late pay claims. They took the

9 position that at any particular point in time during the class period, their written policies were

10 compliant with existing law and that deviations from those written policies (as reflected in the

11 data) were too infrequent to support an argument that they had a policy and practice of failing to

12 provide meal breaks. They acknowledged that the data showed potential Reporting Time Pay

13 violations, but argued that the data, alone, could hot be used to determine whether a violation

14 had, in fact, occurred on a particular shift (e.g., where an employee worked less than half of

15 his/her shift, but left early for personal reasons).

16 27. Plaintiff's counsel were ready for Defendants' debate and asserted, for example,

17 that See's was a summary judgment case and had no occasion to state the law, but rather simply

18 assumed in favor of the non-moving party; that the Culbertson settlement, while having some

19 impact on the length of the meal period class, did not apply to wage statement and late pay

20 penalties arising out of distinct or subsequent wage and hour violations; that under Brinker and

21 its progeny Plaintiff and the class would enjoy an evidentiary presumption that the violations (for

22 rounding, meals, and reporting time) reflected in Defendants' business records actually occurred;

23 and that there was a sufficient percentage of class members experiencing at least some violation

24 throughout the class period, to warrant class treatment.

25 28. The parties stood firm in their positions throughout the mediation, with little

26 movement made by either side. Judge Velasquez concluded the day by noting that the parties

27 simply were engaged in debate and that additional discussion may help resolve the case.

28 29. The parties agreed that the case would incorporate continued settlement


1 discussions through Judge Velasquez, while moving forward to the certification hearing.

2 30. Following the mediation, Plaintiff's counsel requested that the data supplied

3 under the mediation privilege be deemed not privileged (but still confidential) and began talcing

4 depositions of store managers.

5 31. In the first of those depositions (the deposition of Gus Tinajero, the General

6 Manager for the Costa Mesa store) it was learned that depositions of "Operations" and "Payroll"

7 department managers might be necessary for each store. Plaintiff noticed the depositions of store

8 mangers and various department managers throughout the state, to occur from July up to

9 September.

10 32. Plaintiffs counsel took the deposition of James Tilley (also in July), the Store

11 Manager for the San Diego store. Subsequent to that deposition, defense counsel and Plaintiffs

12 counsel again focused on the mediation track of the case and discussions lead to a general

13 understanding that changing the mediator and the location of the mediation (i.e., to a place

14 outside of Orange County) may have an impact on the parties' impasse.

15 33. The parties agree to go to a second mediation, this time with attorney David

16 Rotman, in San Francisco.

17 34. Prior to the second mediation, Plaintiffs counsel requested, and Defendants

18 provided, updated data. Defendants also provided the Kronos scheduling data, so that Plaintiff

19 could evaluate the true significance of the Reporting Time Pay claim.

20 35. Also prior to the second mediation, and in an effort streamline the mediation,

21 Plaintiff's counsel hosted defense counsel for two meetings where the recalculations of data and

22 damages were presented to defense counsel. These meetings also provided for an airing of the

23 divergent views of the legal authorities, certification issues, liability issues and their significance

24 to the claims.

25 36. The counsel for the parties met in San Francisco, on October 11, 2013, at Mr.

26 Rotman's office.

27 37. By this time, Plaintiffs counsel had revised the prior damages estimate in light of

28 the additional data and after two in person meetings with defense counsel to discuss data


1 analysis. The class size had increased to 7,745 individuals, identified from Defendants' payroll

2 records. The value of our "time shaving" claim increased. However, the value of our meal break

3 claims declined substantially in light of the data analysis. In addition, we believed that the

4 derivative and secondary claims did add value to the case, but not in a significant amount. At the

5 time of the second mediation, we valued the claims, in light of the substantial evidence available

6 to us, at between $4,000,000 and $6,500,000.

7 38. The second mediation focused, notably, more on the data and numbers, rather

8 than on legal posturing; however, at the end of the day, the parties were still unable to agree on a

9 settlement.

10 39. Mr. Rotman made a "mediator's proposal" to both sides. This involved

11 presenting a settlement amount and certain broad terms (such as Plaintiffs insistence that this be

12 a no-claims-form, non-reversion settlement) to both sides. The parties had until the following

13 week to accept or reject the proposal. If the proposal was accepted by both sides, then Mr.

14 Rotman would convey that a settlement had been reached. Otherwise, there would be no further

15 negotiations.

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40.

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The following week, Mr. Rotman advised that a settlement had been reached.

After being notified of the settlement, Plaintiffs counsel prepared the initial draft

18 of the settlement agreement and accompanying forms (Class Notice, Notice of Anticipated

19 Share, and Opt-Out form). The draft of the settlement agreement was presented to Defendants

20 on November 5, 2013. The accompanying forms were provided on November 7, 2013.

21 Over the course of several weeks, we worked with defense counsel to refine the

22 settlement agreement and the accompanying documents. Further revisions came from both sides,

23 until final drafts were achieved on or about January 21, 2014, by which time the agreement had

24 been signed by Ms. Miller, Marlin & Saltzman, LLP, the Law Offices of Peter M. Hart, and

25 Jackson Lewis, LLP.

26 43. We believe that this settlement represents an excellent result for the class

27 members. The average gross recovery, based on the data as of the time of the second mediation,

28 will be about $742.41. For class members making the state minimum wage, this represents over


1 90 hours of work. For class members making the blended wage rate of $12.73, it represents

2 approximately 57 hours of work. This settlement is particularly favorable when considering: that

3 there is no case law on the subject of the rounding claim; that the law as to meal breaks has been

4 and continues to be the subject of numerous appellate views; that obtaining and maintaining

5 certification through trial is never a guarantee; the degree of likely appeal in the event of a

6 plaintiff verdict; and the present value of obtaining a calculable sum for each and every class

7 member. Viewed in light of the fact that Plaintiff's strongest claim was for time-shaving of mere

8 minutes per day through the rounding policy, this settlement represents a compromise that is fair,

9 adequate, and reasonable.

10 44. During the negotiations for the language of the settlement agreement, I requested

11 bids for the fulfillment of the Settlement Administrator's duties from firms that specialize in the

12 type of class notice and claims administration contemplated in this case. Bids were requested

13 and received from Rust Consulting, Epiq, Inc., and Simpluris, Inc. Simpluris was the most

14 competitive and was also unobjectionable to defense counsel. Simpluris has agreed to cap its

15 costs for administering the settlement in the amount set forth in the Settlement Agreement,

16 subject to there being no substantive or substantial modifications of its duties.

17 45. With regard to a bare bones loadstar amount, our current billing records reflect

18 approximately 1,200 hours of (primarily) attorney time at the partner and senior attorney levels,

19 with some of that time being attributable to junior attorneys and paralegals. Based on the

20 blended rate of $650/hr. (based on rates routinely approved for our firm in similar litigations),

21 the loadstar estimate is $780,000. This does not include the time expended by Mr. Hart and the

22 attorneys that work for the Law Offices of Peter M. Hart. They will be submitting a separate

23 declaration on this subject.

24 46. Marlin & Saltzman, LLP is actively involved in class action and complex

25 litigation and has been for many years. I have been personally involved in many of the cases

26 listed below in paragraph 37 of this declaration. In connection with many of these cases, a firm

27 partner was the active lead attorney on each class action in the office and I or another attorney

28 was responsible for the day-to-day handling of the matter.


1 47. The experience listed below for Marlin & Saltzman includes not only the plaintiff

2 related matters that we have handled for the past seventeen years, beginning with the Jenny

3 Craig matter which settled following certification for approximately 40 million dollars in cash

4 and benefits back in 1994, but also the extensive defense oriented class representation which our

5 firm has been involved in for over twenty years, including many years of our firm's

6 representation of the Regents of the University of California in var~ous matters involving its

7 Willed Body Programs throughout California.

8 48. It is undoubtedly true that other firms may indeed file and prosecute greater

9 volumes of class action cases. We are proud of our selectivity, and I can declare that it is highly

10 unlikely that we will ever file large numbers of cases. We are dedicated to selecting what we

11 believe will be the most challenging and righteous matters, and equally focused on selecting

12 cases that will make a difference in people's lives. To do so, we feel compelled to limit the

13 number of cases we take on, so that we can assure ourselves of having sufficient personnel to

14 devote to each and every matter: We are proud of the results we have achieved as class counsel,

15 and will strive to continue in this manner.

16 49. To date, we have settled, or are in the process of settling, class actions which have

17 produced over $750 million in available settlement funds.

18 50. The following list sets forth many of the class action cases which Marlin &

19 Saltzman has handled:

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a. Guttierez vs. State Farm, Los Angeles Superior Court. Class action seeking

overtime compensation for insurance claims adjusters employed by defendant in

the State of California. Plaintiffs' counsel. Certification granted, and then

summary adjudication as to liability granted in favor of the class. Case settled in

2004 for $135 million, with Final Approval granted and no objections filed.

b. Bednar vs. Allstate Insurance Company, Los Angeles Superior Court. Class

action seeking overtime compensation for insurance claims adjusters employed by

defendant in the State of California. Plaintiffs' counsel. Certification granted, and

then summary adjudication_ as to liability granted in favor of the class. Case


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settled in 2005 for $120 million. Final Approval granted and no objections filed.

c. In re: Wal-Mart Wage and Hour Litigation, United States District Court for

the North~rn District of California. Class action seeking unpaid vacation pay and

penalties. Case has settled for maximum payment of $86 million. Final approval

has been given.

d. In re: Bank of America Wage & Hour Litigation, United States District Court,

Kansas. Class action based on alleged federal and state wage and hour violations .

Appointed by the MDL Court as one of Plaintiffs' Lead Counsel. Settlement in

the amount of $76 million approved and final.

e. Roberts vs. Coast National Insurance, Orange County Superior Court . Class

action seeking overtime compensation for insurance claims adjusters employed by

defendant in the State of California. Plaintiffs' counsel. Certification granted, and

then the matter was tried to binding arbitrator. Case settled for in excess of $18

million during arbitration.

f. CNA Class Action Litigation, Los Angeles Superior Court Class. Class action

seeking overtime compensation for insurance claims adjusters employed by

defendant in the State of California. Plaintiffs' counsel. Case settled in 2005 for

$33 million.

g. Hoyng v. AON, Los Angeles County Superior Court. Class action seeking

overtime compensation for certain employees employed by defendant third party

administrator in the State of California. Plaintiffs' counsel. Certification granted.

Case settled for $10.5 million.

h. Parris vs. Lowe's Home Improvement, Los Angeles Superior Court. Class

action seeking payment of "off the clock" hours worked by all hourly employees

of Lowe's in the State of California. Plaintiffs' counsel. Settled for $29 .5 million.

1. Pardo, et.al. vs. Toyota Motor Sales, U.S.A., et.al., Los Angeles Superior Court.

Plaintiffs' class counsel. Wage and hour class action settled for $7.75 million.

j. Fulton vs. Cisco Systems, Inc., Orange County Superior Court. Wage and hour

Deel. of Stephen P. 0 'Dell in Support of Motion For Preliminary Approval Of Class Settlement 11

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litigation seeking overtime and related compensation. Plaintiffs' class counsel.

Settled for $6. 7 million.

k. Van Heyn vs. WMC Mortgage Corp., Los Angeles Superior Court. Action for

violation of Labor Code §§ 2802 and 2804, etc. for failure to reimburse

employees for business expenses. Case settled for $3 million.

1. In re: JB Hunt Transport Class Action, United States District Court for the

Central District of California. Class counsel for certified class. Action seeks

unpaid regular and overtime compensation.

m. Pasquale vs. Kaiser Foundation Hospitals, United States District Court for the

Southern District of California. Class counsel. Action sought overtime and

related compensation for misclassified employees. Case settled for $3.7 million.

n. Poston vs. Marcus & Millichap Real Estate Investment, Los Angeles Superior

Court. Action for violation of Labor Code §§2802 and 2804, etc. for failure to

reimburse employees for business expenses. Class counsel. Case settled for

$1,340,000.

o. Trejo vs. Oakley, Inc., Orange County Superior Court. Action for violation of

several provisions of the Labor Code. Class counsel. Settlement for $3. 7 5

million pending preliminary approval.

p. Dotson vs. Royal SunAlliance, Orange County Superior Court. Class action

seeking overtime compensation for insurance claims adjusters employed by

defendant in the State of California. Plaintiffs' counsel. Case settled in 2005 for

$12.3 million.

q. Schenck v. Jenny Craig, Inc., Orange County Superior Court. Class action

under Consumer Legal Remedies Act, certified as a liability class and settled as a

mandatory settlement class for in excess of $40 million in cash and benefits.

Served as plaintiffs' counsel.

r. Barber vs. Buy.Com, Orange County Superior Court. Certified class action

claiming negligent misrepresentation. Plaintiff class counsel. Class certified and


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settled in 2000.

s. In re: America Online Litigation, Los Angeles Superior Court. Consumer

action involving coordinated California class actions. Lead Plaintiffs' Counsel.

Also appeared in the class action venued in Chicago as counsel for the California

objectors to the Illinois settlement of that matter.

t. Ko and Chen v. Chinese Yellow Pages, Los Angeles Superior Court. Consumer

action involving failure to reimburse per contract for limited production of yellow

pages. Lead Plaintiffs' Counsel. Class Certified and then settled prior to trial.

u. Duke v. Avis/Budget Rental Cars, Los Angeles Superior Court. Mis-

classification of workers as independent contractors, and overtime/expense claim.

Class certification denied. Approximately 30 individual claims have been filed in

revised action.

v. Ortega vs. AIG, USDC, Central District. Co-lead Counsel for Plaintiffs in

overtime mis-classification case. Case settled and all settlement funds distributed.

w. Cohen, et. al. vs. The Regents of the University of California, Los Angeles

Superior Court. Counsel for the Regents in pending complex consolidated action

involving the claims of over 350 plaintiffs.

x. Berner vs. Kraft Foods, Inc., USDC, Central District. Counsel for Plaintiffs in

"off the clock" action, plus meal and break time. Case settled and all settlement

funds distributed.

y. Overton vs. Walt Disney Corp., Los Angeles Superior Court. Plaintiffs' counsel,

for putative class action claiming alleged mandatory "drive time." Case

dismissed following adverse summary judgment ruling on agreed preliminary

legal issue. Upheld on appeal.

z. Rounsavall vs. Countrywide Home Loans, Inc., Los Angeles Superior Court.

Lead counsel in class action claiming mis-classification of computer driven

underwriting positions. Case settled for $15 million and all settlement funds have

been distributed.


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aa. Ortmann vs. New York Life Insurance, USDC, Central District. Class action

involving alleged failure to pay minimum wages to employed insurance agents,

failure to reimburse, etc. Matter settled for $10 million.

bb. In Re. ABS Plastics Litigation, Alameda Superior Court. Lead counsel for one

of the two target defendants in Western Region (eleven states) product liability

class action. Case settled prior to certification, after extensive discovery and

investigation.

cc. Higby vs. Fernwood Cemetery, et al., San Francisco Superior Court. Lead

defense counsel for primary defendant in alleged cemetery/crematory violations

action. Class stipulated to by prior personal counsel, and then action defensed at

one month trial by "binding arbitration" before JAMS, San Francisco.

dd. Bennett v. Regents of the University of California, Los Angeles County

Superior Court. Mass tort litigation. Defense counsel for the Regents of the

University of California (UCLA). Certified as a class for injunctive relief only.

Defeated certification of liability class. Summary judgment granted to defendant

in connection with all liability claims.

ee. Simpson (Coghill) vs. Regents of the University of California, Orange County

Superior Court. Mass tort litigation. Defense counsel for the Regents of the

University of California (UCI). Certification motion defeated on behalf of our

client.

ff. Sconce/Lamb Cremation Cases, Los Angeles County Superior Court. Mass

tort/wrongful cremation litigation. Served as lead defense counsel. Settlement

class certified.

gg. In Re Evergreen Class Action, Riverside County Superior Court. Mass

tort/wrongful cremation. Served as lead defense counsel.

hh. In Re Cheesecake Factory Class Action, Los Angeles County Superior Court.

Class action claiming violation of the provisions of the Americans With

Disabilities Act. Served as co~lead defense counsel.


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ii. In Re Leneda Crematory Class Action, San Diego County Superior Court.

Mass tort/wrongful cremation action. Served as mortuary defendants' lead

counsel.

JJ. In Re Pomona Cemetery Class Action, Los Angeles County Superior Court.

Mass tort/wrongful cremation. Served as member of defense counsel executive

committee.

kk. Brock v. McCormick, Orange County Superior Court. Mass tort class action

litigation. Defendants' lead counsel. Settlement class certified.

IL In Re Paradise Memorial Park Litigation, Los Angeles County Superior Court.

Mass tort/improper burial practices class action litigation. Defendants' liaison

counsel. Settlement class certified.

mm. In Re Lincoln Cemetery Class Action, Los Angeles County Superior

Court. Mass tort/wrongful burial practices class action litigation. Liaison counsel

for mortuary defendants. Settlement class certified.

nn. In Re Computer Monitor Class Action, San Francisco Superior County

Superior Court. Nationwide class action, including claims under the Consumer

Legal Remedies Act, pertaining to false advertising of computer monitors.

Member, plaintiffs' executive committee.

oo. In Re Miniblinds Class Action, Alameda County Superior Court. Nationwide

class action, including claims under the Consumer Legal Remedies Act,

pertaining to lead content of miniblinds. Member, plaintiffs' executive

committee.

pp. Simonyan v. Countrywide Home Loans, United States District Court, Central

District of California. Nationwide classes for WARN Act and BRISA violations,

on behalf of loan officers. Settled for $1,200,000 in 2013.

qq. Jacobo v. PWP Industries, Los Angles Superior Court. Class of factory workers

denied proper meal and rest periods on 12-hour shifts. Settled in 2013, for

$1,275,000.


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rr. Segura v. National Construction Rentals, Los Angeles Superior Court. Class of

fence installers sued for meal and rest breaks, wages, and prevailing wage claims.

Settled in 2012 for $700,000.

ss. Maire v. Country Villa Service Corp., Los Angeles Superior Court. Class

comprised of Certified Nursing Assistants and Licensed Vocational Nurses, sued

employers for rounding/time-shaving, meal and rest break violations, and related

derivative claims and penalties. Final approval of settlement pending.

Without waiving the attorney/client privilege, the Court may be informed that the

9 retainer agreement with Ms. Miller discloses that any attorneys fees collected or awarded in this

10 matter will be shared by Marlin & Saltzman, LLP, and the Law Offices of Peter M. Hart, with

11 Marlin & Saltzman receiving 66.6% of the fees and the Law Offices of Peter M. Hart receiving

12 33.3%. Ms. Miller consented to this arrangement as part and parcel of the retainer agreement.

13 52. The retainer agreement also informs Ms. Miller that the fee sharing arrangement

14 between the attorneys will not increase the amount agreed to by Ms. Miller for the representation

15 provided in this matter.

16 I declare, under penalty of perjury, under the laws of the State of California, that the

17 foregoing is true and correct and that I would and could so testify, if called upon and .sworn.

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19 Executed this 27th Day of January, 2013, at Irvine, California.

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Stephen P. 0' Dell - Declarant

Deel. of Stephen P. 0' Dell in Support of Motion For Preliminary Approval Of Class Settlement 16

EXHIBIT A

SETTLE:MENT AGREEMENT

This Settlement Agreement is made by and between the undersigned parties on behalf of IKEA CALIFORNIA, L.L.C., a limited liability corporation; and IKEA U.S. WEST, INC (collectively referred to herein as "Defendants') and the individual named plaintiff, Alicia Miller, and the proposed class and each of its members (collectively "Plaintiffs") in Miller v. Ikea California, L.L.C., et.al., (Superior Court of the State of California for the County of Orange, Case No. 30-2009-00331682) (the "Litigation") with respect to the settlement of all claims pled in the currently operative complaint filed in the Litigation.

I. NATURE OF THE CASE AND THE PARTIES' SETTLEMENT

1. The Parties and Class Counsel. The Plaintiff and the Defendants are collectively referred to as "the Parties". "Class Counsel" refers to the law firms of Marlin & Saltzman, LLP and The Law Offices of Peter M. Hart.

2. The Class Action. On December 24, 2009, Plaintiff filed a class action complaint in the Orange County Superior Court ("The Class Action"), on behalf of persons who have been or currently are employed by Defendants within the State of California as hourly employees during the Class Period.

3. Plaintiff and Her Claims. Plaintiff worked as an hourly employee at the Defendants' Costa Mesa location. Her Class Action alleges that Defendants (1) failed to (a) pay all wages, (b) timely provide meal periods, (c) to pay "reporting time" wages, (d) furnish accurate wage statements, (e) to pay vested personal time, (f) timely pay employee wages upon their discharge, and (2) engaged in unfair business practices. Plaintiffs Class Action also includes a claim for remedies under the California Private Attorneys General Act of 2004.

4. The Mediation. The Parties engaged in two mediations with two separate mediators. The first was conducted by the Hon. David Velasquez (Ret.), and was unsuccessful. The second was conducted by Attorney David Rotman, a highly experienced professional mediator, and resulted in a tentative settlement of this case. The terms of the Parties' agreement are set forth herein and this settlement agreement is a result of the Parties' arms-length negotiation.

5. The Settlement Class and Class Activities. The persons covered under this Settlement Agreement ("the Settlement Class") include:

AH of DEFENDANTS' California employees, employed during the time frame from December 24, 2005 until February 24, 2014 (the "Class Period"), who DEFENDANTS classified as non-exempt.

Excluded from the class are non-exempt employees who were or are managers and/or supervisors.

Sub-Class No. 1: All members of the Plaintiff Class whose employment ended during the class period.


In the event either prelimiriary or final approval of the settlement memorialized by this Settlement Agreement is not obtained or, if obtained, is reversed upon appeal, the Parties shall be returned to their respective positions in this Litigation as they existed immediately prior to the execution of this Agreement. Furthermore, nothing said· or represented in connection with obtaining approval of the Court with respect to this settlement, either on a preliminary or final basis, shall be admissible for any purpose other than to obtain approval by the Court of this settlement.

6. Non-admissions. Defendants deny any liability or wrongdoing of any kind associated with the claims alleged in Plaintiff's Complaint, and further contend that, for any purpose other than settlement, this action is not appropiiate for class treatment. Defendants contend, among other things, that they complied at all times with the California Labor Code. Plaintiff believes she filed a meritorious action based on alleged violations of California's wage and hour laws and believes that class certification is appropriate because the requisites for class certification can be satisfied in this case.

7. Investigation. Class Counsel have investigated the facts of the class action, including an extensive review of voluminous documents, and have diligently pursued an investigation of Class Members' claims against Defendants. Based on their own independent investigation and evaluation, Plaintiff and Class Counsel believe that this Settlement Agreement is fair, reasonable, and adequate and is in the best interest of the Settlement Class in light of all known facts and circumstances, including the risk of significant delay, failure of a motion for class certification, decertification, defenses asserted by Defendants, anci potential appellate issues.

8. Cooperation. The Parties agree to cooperate and take all steps necessary and appropriate to effectuate the terms of this Settlement Agreement.

II. TERMS OF SETTLEMENT

9. Purpose of the Parties. The Parties agree that this action and any claims arising out of the dispute described in this Settlement Agreement be settled on the terms described herein as between the Settlement Class and Defendants, subject to the approval of the Court.

10. Certification of a Settlement Class. For the purpose of effectuating the settlement memorialized by this Settlement Agreement, the parties agree to stipulate, as part of the settlement and in connection with a motion for preliminary approval of a class settlement, to the certification of a settlement class and a sub-class defined above in Paragraph I.

In the event either preliminary or final approval of the settlement memorialized by this Settlement.Agreement is not obtained or, if obtained, is reversed upon appeal, the Parties shall be returned to their respective positions in this Litigation as they existed immediately prior to the execution of this Agreement. Furthermore, nothing said or represented in connection with obtaining approval of the Court with respect to this settlement, either on a preliminary or final

Mlller vs. Ikea California, L.L.C., et.al. - Settlement A,greement Page2

basis, shall be admissible for any purpose other than to obtain approval by the Court of this settlement.

11. Settlement ''Effective Date." The settlement embodied in this Settlement Agreement shall become effective on the earlier of:

(a) the Court's final approval of settlement if no objections by Class Members have been filed, or upon final approval and any objection has been withdrawn;

(b) if an objection has been filed and not withdraw; the time to appeal a ruling on the objection has expired and no appeal has been filed; or

(c) the final resolution of any appeal that has been filed.

12. Gross Settlement Fund. In consideration for release of the claims of the Settlement Class against Defendants (as described more fully in Section V, below), Defendants agree to create a non-reversionary "Gross Settlement Fund" of FIVE MILLION SEVEN HUNDRED FIFI'Y THOUSAND DOLLARS ($5,750,000). The Gross Settlement Fund ("Settlement Fund") shall be comprised of the amount to be paid for approved claims, Attorneys' Fees, Costs and Expenses awarded by the Court, incentive payment to the class representative awarded by the Court, any and all employer-side payroll tax payments resulting from the completion of this settlement and the costs of notice and administration of the settlement.

a. Class Members shall not be required to present a claim in order to share in the settlement. Each class member will be provided with a court approved Notice describing the terms of the settlement, and an Estimated Settlement Share Amount, setting forth the parties' best estimate of the amount to be awarded to each individual class member.

b. Subject to court approval, Class Counsel shall move the Court that the Class Representative shall be paid a reasonable incentive compensation of up to $30,000.00 in light of the fact Plaintiff declined an individual settlement offer by Defendant. Defendant acknowledges making a $25,000 individual settlement offer to plaintiff. Defendant reserves the right to comment upon plaintiffs request for an enhancement award. Such incentive compensation shall be paid out of the Gross Settlement Fund.

c. Class Counsel shall apply to the Court for an award of Attorneys' Fees and Costs. Defendants will not oppose an application for a reasonable award of Attorneys' Fees up to 1/3 (33.3%) of the Class Settlement Fund, plus Costs and Expenses. Amounts awarded by the Court for Attorneys' Fees and Costs shall be paid from the Gross Settlement Fund.

13. Net Settlement Fund. The "Net Settlement Fund" is the balance of the Gross Settlement Fund after payments have been made from the Gross Settlement Fund for attorneys' expenses, attorneys' fees, the Named Plaintiff's Service Award, the Private Attorneys General Act payment, and costs of settlement administration of the Settlement.


14. Payment From Net Settlement Fund. Each Settlement Class Member is eligible to Net Settlement Fund proceeds in proportion to the number of work weeks the member worked in California as an hourly employee during the class period.

15. Payments to Class Members. Calculation of payments shall be on a point system, with one point given for each week of employment, and 4 additional points given if a class member is a former employee. The calculation of a class member's payment shall involve multiplying the Net Settlement Fund by a fraction, the numerator of which is an individual class member's total points, and the denominator of which is the total points of all class members.

16. Uncashed Checks. All settlement checks shall expire after 180 days of initial issuance. In accordance with California's Unclaimed Property Law, any funds attributable to uncashed checks will escheat to the State of California in the name and for the benefit of the particular class member(s) to whom they pertain.

17. Attorneys' Expenses. Class Counsel will apply to the Court for, and Defendants will not oppose, payment of Class Counsel's expenses from the Gross Settlement Fund, in an amount not to exceed $90,000. Attorneys' Expenses shall include, but not be limited to, all costs and expenses incurred by Plaintiff and the Settlement Class in the prosecution of this action.

18. PAGA Payment. Pursuant to the Private Attorneys General Act of 2004, a PAGA payment in the amount of $5,000 for alleged Labor Code violations shall be paid out of the Gross Settlement Fund, 75% of which shall be paid to the California Labor and Workforce Development Agency ("LWDA") and 25% to Settlement Class claimants, on a per rata basis.

19. Taxes. The Settlement Administrator will make appropriate wage deductions and report payments on IRS Forms W-2 and 1099 as appropriate. As to the non-PAGA payment, the ·Parties allocate the payments as follows: 30% to wages, 35% to interest, and 35% to penalties. Members of the Settlement Class shall be responsible for the payment of any taxes attributable to such payments and hereby agree to indemnify and hold Defendants harmless for tax liability, the failure to withhold, and interest or penalties imposed thereon, except that the Settlement Administrator will allocate and pay the appropriate amounts from the Class Settlement Fund to pay all employer-side taxes.

III. SETTLEMENT ADMINISTRATOR

20. Appointment. The Parties have agreed to the appointment of Simpluris, Inc. to perform the duties of a Settlement Administrator for the purpose of coordinating notice, issuing and mailing settlement checks and reporting payments to the IRS and to Settlement Class Members. The Settlement Administrator shall report, in summary or narrative form, the substance of its findings.

21. Administration Fees. The Parties have agreed that costs of administration will not exceed $70,000. If the Settlement Administrator's fees and costs are less than that amount, then the residual shall be added to the Net Settlement Fund for distribution to the participating Settlement Class Members on a pro rata basis.

Miller vs. Ikea California, L.L.C., et.al. - Settlement Agreement Page4

22. Resolution Of Disputes. All disputes relating to the Settlement Administrator's ability and need to perfonn duties shall be referred to the Court, if necessary, which will have continuing jurisdiction over this Settlement Agreement until all obligations contemplated by the Settlement Agreement have been fully carried out.

IV. NOTICE TO THE SETTLEMENT CLASS

23. Notice Of Settlement. Each member of the Settlement Class will be given notice of the class action settlement via direct mail. The address for the direct mailing will be supplied by Defendants and will represent the class member's last known address based on Defendant's records. For class members whose notice is returned to the claims administrator undelivered there will be an additional attempt to secure a correct address using "skip tracing" and, if such "skip tracing" is successful, a subsequent notice shall sent to the class member at the new address.

The Claims Administrator shall set up and maintain a website for the settlement from which class members can access the settlement documents and provide the Claims Administrator with inf onnation concerning address and contact infonnation changes, and shall institute appropriate security protocols. The website's address will be listed in the direct mail notice.

24. Notice of Settlement Share. Settlement Class Members shall also receive a Notice of Anticipated Settlement Share which will provide them with the Administrator's best estimate of the settlement proceeds each will receive if all requested fees, costs, enhancements, PAGA award and administration expenses are awarded by the Court.

25. · Opt Out Form. Settlement Class Members shall have 30 days from the distribution of the Notice to complete an Opt Out Form, sign it, and postmark it for mailing to the Settlement Administrator. Unsigned Opt Out Forms or those postmarked after the deadline will not be honored.

26. Class Member Mailing. Copies of the Notice of Class Action Settlement, Notice of Estimated Settlement Share, and Opt Out Form, all approved by the Court, shall be delivered by the Settlement Administrator to the last known address of each Class Member. The Notice of Class Action Settlement shall be available for viewing on the Settlement Administrator's Website and Class Counsel's website, substantively in the fonn attached hereto as Exhibit 2. The Notice of Class Action Settlement will instruct Class Members as to the methods by which they may obtain additional infonnation regarding this Class Action Settlement.

27. Objections. The Notice shall provide that the Class Members who object to the Settlement must file with the Court either a written statement objecting to the Settlement or a written notice of intention to appear at the Final Approval hearing and object. Such written statement or notice must be filed with the Court and served on counsel for the Parties within 30 calendar days following the date of the Notice (and in the case of a re-mailed Notice, the date of the re-mailed Notice). Class Members who fail to file and serve timely written objections or notice of intention to appear and object in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement.

Miller vs. Ikea California, L.L.C., eta/. - Settlement Agreement Page 5

28. Funding of Settlement. Within 10 days of the Settlement Effective Date, Defendants shall complete transfer of the Gross Settlement Amount to the Settlement Administrator.

29. Distribution of Settlement Funds. Funds shall be distributed to Class Members, Class Counsel and the Representative Plaintiff as soon as practical after the funding of the Settlement as set forth in paragraph 27.

V. RELEASE BY THE NAMED PLAINTIFFS AND THE CLASS

30. Scope of Release. Upon the final approval by the Court of this Settlement Agreement, and except as to such rights or claims as may be created by this Settlement Agreement, each member of the Settlement Class fully releases and discharges Defendants and all of their past, present, and future parent companies, subsidiaries, affiliates, divisions, agents, management companies, and single-copy distributors, and all of their respective employees, members, officers, directors, partners, legal representatives, accountants, trustees, executors, administrators, real or alleged alter egos, predecessors, successors, transferees, assigns and insurers, from liability for the claims that were asserted in the Third Amended Complaint, and arising out of the acts, facts, transactions, occurrences, representations, or omissions set forth in the Third Amended Complaint, for the time frame from December 24, 2005 until February 24, 2014. Claims that shall not be released include claims for unemployment compensation, workers' compensation, employment discrimination, and retaliation, except that all claims are being released by named Plaintiff Alicia Miller to the fullest extent permitted by law.

31. Named Plaintiff Release. In addition to the releases made by the Settlement Class Members, Plaintiff Alicia Miller makes the additional following general release of all claims, known or unknown, in exchange and consideration of the sum set forth above. Plaintiff agrees to a general release of the Released Parties from all claims, demands, rights, liabilities, grievances, demands for arbitration, and causes of action of every nature and description whatsoever, known or unknown, pending or threatened, asserted or that might have been asserted, whether brought in tort or in contract, whether under state or federal or local law. Plaintiff's release includes all employment-related and non-employment-related claims, whether known or unknown, arising during the Class Period.

Except as otherwise specifically provided under this Settlement Agreement, Plaintiff Alicia Miller expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, which states: "A General Release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."


VI. MISCELLANEOUS PROVISIONS

32. Cooperation and Approvals. The parties and counsel will cooperate in obtaining the Court's approval of the settlement and in preparing and executing all documents relating thereto.

33. Confidentiality. The negotiations, terms and existence of this Settlement Agreement will remain strictly confidential and shall not be discussed with anyone other than the parties of record, counsel of record, their retained consultants, and the mediator. Any confid~ntiality associated with the terms of this settlement shall expire upon the filing of a motion for preliminary approval by the Court of the proposed settlement, except: (i) the negotiations and discussions preceding submission of the settlement to the Court for approval, and any negotiations and discussions between the time of preliminary approval and final approval, shall remain strictly confidential (unless otherwise ordered by the Court); and (ii) Defendants may disclose the settlement in filings that it is required to make with the Securities and Exchange Commission, including 10-Q and 10-K filings.

Upon distribution of all Settlement Funds, the Parties shall destroy all confidential documents relating to the Litigation and this Settlement within 21 business days, and Class Counsel shall sign a declaration so confirming.

34. Press Contact. Prior to final approval by the Court, neither side shall make any public statements, including all forms of media, concerning the settlement, and both sides shall decline to respond to media inquiries concerning the settlement.

35. Notice to Court and Status Quo. The parties to the Litigation shall notify the Court of their intent to resolve the Litigation and request that all pending motions, deadlines, and proceedings be stayed. In the event that no final, non-appealable order approving the settlement is entered, the settlement shall be deemed null, void, and unenforceable and the parties shall be returned to their status quo as of the date notice of the settlement was provided to the trial court.

36. Resolution of Disputes. The parties agree that this Agreement shall be binding and enforceable pursuant to California Code of Civil Procedure section 664.6, with any disputes reviewable by the Court in which the Litigation was brought.

37. Venue. The parties agree that venue for purposes of obtaining preliminary and final Court approval shall be with the Superior Court of the State of California for the County of Orange, the Hon. Gail A. Andler, Judge, presiding.

Miller vs. Ikea California, L.L.C., et al. - Settlement Agreement Page 7

Dated: yl J/tjJ ?& \ i On behalf of Plaintiff and Proposed Settlement Class:



By: _ _______ _ Its: _________ _

IKEA U.S. WEST, INC

Counsel for Plaintiff an Class




Mtller vs. Ikea California, L.L.C., et.al. - Settlement Aareement Pages

Dated: I { ?-J / -z-o 11 On behalf of Plaintiff and Proposed Settlement Class:




IKEA U.S. WEST, INC





Miller vs. Ikea California, L.L.C., eta I. - Settlement Agreement Pages

.... .... '




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By:~----------Its: _ _________ _

IKEA U.S. WEST, INC




Counsel for Defendants ·

Miller vs. Ikea California, L.L.C., eta/. - Settlement Agreement PageB

(

EXHIBIT B

Alicia Miller v. Ikea California, L.L. C., et al.

(Orange County Superior Court No. 30-2009-00331682)

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

A court authorized this notice. This is not a solicitation. This is not a lawsuit against you and you are not being sued.

However, your legal rights are affected whether you act or not.

If you worked at Ikea California, L.L.C and/or Ikea U.S. West, Inc. as an hourly employee, at any time between December 24, 2005 and October 11, 2013, then you may be eligible to recover money under the terms of a proposed class action settlement.

PLEASE READ THIS NOTICE CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OPTIONS FOR YOU TO CONSIDER.

I. What is the purpose of this notice? Page 2

II. Why does Plaintiff seek approval of the Settlement?.............................. ....... ....................... Page 2

III. What is Defendants' Position on the Settlement?.................................................................. Page 2

IV. Why did I get this Notice?... .. ..................................... ............. .............................................. Page 3

V. Who are the Parties in the class action?................................................. ....................... ......... Page 3

VI. Who are the attorneys representing the Parties?.......... .. ..... ................................................ ... Page 3

VII. What is the Proposed Settlement? .. . ... . .......... ... ..... . . ...... ... .. .. .. .. .. .. . . .. .. .. .. ......... ... .. .. .. .. . .. .. . .. .. . Page 3

VIII. What are my rights with regard to this matter? .... .. . .. ... .. ... .. .. .. .. .. .. .. . .. .. .. ... .. .. .. .... .. . .. .. ... .. . .. . .. Page 4

IX. How much money will I get if I do not request to be excluded?...................... ..................... Page 5

X. Release. . .............. . ...... .. ... . ................ . ......... . .... ... ............... ... .. .. .... . .. . ...... Page 5

XI. Additional important information....................................... ...... ... ............. ............................. Page 5

XII. Settlement Approval Hearing .... .. .. .. .. .. .. . . . ... . . . ... .. .. .. .... .... .. ......... .. . . . .. . .. .. . .. ..... ... ..... .. ............. Page 6

XIII. Who can I contact if I have further questions? ..... ... ........ .................... .... ........ .... .. .. . ............ Page 6

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Page 1

I. What is the purpose of this Notice?

The purpose of this Notice is to let you know that there is a proposed class action lawsuit pending in the Orange County Superior Court, and you are a member of the proposed class ("the Class") in that lawsuit. The lawsuit is a proposed class action filed against Ikea California, LLC and Ikea U.S. West, Inc. ("Defendants"), concerning employees who worked as hourly employees between December 24, 2005 until October 11, 2013.

The case was filed by Plaintiff Alicia Miller against the Defendants (Orange County Superior Court No. 30-2009-00331682) (the "Action"). The lawsuit alleges that Defendants) (1) failed to (a) pay all wages, (b) timely provide meal periods, (c) pay "reporting time" wages, (d) furnish accurate wage statements, (e) to pay vested personal time, (f) timely pay employee wages upon their discharge, and (2) engaged in unfair business practices. The case also includes a.claim for remedies under the California Private Attorneys General Act of 2004.

Defendants denied and continue to deny Plaintiff's claims and contend that the members of the class were paid properly at all times.

The Parties to the lawsuit have agreed to settle this matter as the result of arm's-length negotiations. Both sides agree that, in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances. Please be advised that the Orange County Superior Court has not ruled on the merits of Plaintiffs claims or Defendants' defenses.

On [hearing date], 2013, the Court held a hearing in which it approved the Parties' Motion for a Court Order:

1) Granting preliminary Court approval of the proposed settlement; 2) Certifying the Settlement Class; 3) Granting Court approval of this Notice, including the schedule and procedure for

exclusion or objection set forth herein; and 4) Scheduling a Final Approval Hearing for final Court approval of the proposed

Settlement.

II. Why does Plaintiff seek approval of the Settlement?

Plaintiff seeks approval of the Settlement because the Plaintiff and Class Counsel believe the Settlement to be fair, reasonable, adequate, and in the best interests of the members of the Class and all Parties.

III. What is the Defendants' Position on the Settlement?

Defendants view this Settlement as a compromise. They are not admitting to the allegations in the lawsuit. Defendants deny that any of their practices at issue in this lawsuit were, or are, unlawful.

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Page2

IV. Why did I get this Notice?

You received this Notice because Defendants' records identify you as a member of the Class, which means that you are, or were, employed by Defendants between December 24, 2005 and October 11, 2013, and worked as an hourly employee during that time.

V. Who are the Parties in this Class Action?

The lawsuit was brought against Ikea California, LLC and 1kea U.S. West, Inc., which are the Defendants. Plaintiff, Alicia Miller, is a fonner employee of Defendants who brought the action on behalf of herself and on behalf of all similarly situated current and fonner employees.

VI. Who are the Attorneys for Parties?

Counsel for the Class

Louis M. Marlin Stephen P. O'Dell Hanna B. Raanan MARLIN & SALTZMAN, LLP 3200 El Camino Real, Suite 100 Irvine, California 92602 Phone: (714) 669-4900 Fax: (714) 669-4750

Peter M. Hart, Esq. Law Offices of Peter M. Hart 12121 Wilshire Blvd., Suite 205 Los Angeles, CA 90025 Phone: (310) 478-5789 Fax: (509) 561-6441

VII. What is the Proposed Settlement?

The proposed settlement is as follows:


Scott C. L~cunza Allison S. Lynch JACKSON LEWIS LLP 5000 Birch Street Suite 5000 Newport Beach, CA 92660 Phone: (949) 885-1360 Fax: (949) 885-1380

Defendants have agreed to pay a total of $5,750,000 (the "Settlement Amount") to the approximately 7,700 Class Members. This sum includes amounts subject to Court approval including: payment of expenses and fees of the Settlement Administrator which is anticipated to be no more than $70,000.00; an enhancement award of $30,000 to the class representative (Alicia Miller) for her efforts in the litigation; attorneys' fees of up to one-third of the Settlement Amount; and costs expended by Class Counsel, as approved by the Court (not to exceed $90,000), and payroll taxes. The entire sum of $5,750,000 will be paid by Defendants and no funds will revert to the Defendants.

The following is a summary of the Settlement provisions. The specific and complete terms of the proposed Settlement are stated in the Settlement Agreement, a copy of which has been filed with the Clerk of the Court. You may view and obtain a copy of the Settlement Agreement at www.[websiteaddress}.com or at www.marlinsaltzman.com.

NOTICE OF PROPOSED CLASS ACTION SETTLE:MENT Page3

Settlement Payment. Defendants have agreed to pay the Settlement Amount through the Settlement Administrator in accordance with the tenns of the Settlement Agreement, after the Effective Date of the Settlement, as defined in the Settlement Agreement. Settlement payments to Class Members who do not opt-out of the Settlement will be distributed approximately 40 days after the effective date of the Settlement.

After the deduction of the Court-approved expenses, fees, costs, enhancement award, and payroll taxes from the gross settlement amount, the remaining sum ("Net Settlement Fund") will be available to pay all members of the Class who do not exclude themselves from the Settlement, their allocated shares of the Net Settlement Fund.

Each Class Member's allocation of the Net Settlement Fund will be calculated based on a point system, with one point given for each week of employment, and 4 additional points given if a class member is a former employee. The calculation of a class member's payment shall involve multiplying the Net Settlement Fund by the ratio of an individual class member's total points to the total points of all class members.

VIII. What are my rights with regard to this matter?

You have three options. Each option has its own consequences, which you should understand before making your decision. Your rights regarding each option, and the procedure you must follow to select each option, follow.

A. Option One. Participate in the Settlement as a Class Member. which requires you to do nothing at this time.

If you are a Class Member, and you do not exclude yourself from the Class, the Settlement Administrator will send you a check at a later date, provided that the Court grants final approval of the Settlement and the Settlement becomes effective.

Note, however, that by not excluding yourself, you will be bound by the Settlement and will be barred from separately pursuing the claims released by the Settlement.

B. Option Two. You Can Exclude Yourself ("opt out") from the Settlement.

If you do not wish to participate in or be bound by the Settlement, you must notify the Settlement Administrator in writing of your wish to be excluded ("Opt Out Fonn"). The Opt Out Fonn . must contain your full name, current home (or mailing) address, and last four digits of your Social Security number, and must include the statement "I wish to be excluded from the Settlement of the case entitled Alicia Miller v. Ikea California, L.L. C.., et al., Case No. 30-2009-00331682." The Opt Out Fonn must be signed and dated and returned by mail to the Settlement Administrator, Simpluris, Inc., at the address provided below. In order to be valid, your request to be excluded from the settlement must be · post-marked on or before [opt-out postmark deadline].

If you submit a timely and valid Opt Out Form, you will neither receive any money from the Settlement, nor will you be considered to have released your claims alleged in the class action. If you request exclusion from the Settlement, you may not pursue any recovery under the


Settlement. You may, however, pursue other remedies, separate and apart from the Class Action Settlement, that may be available to you.

If you want money from the Settlement, do llQ1 submit a Request for Exclusion ..

C. Option Three. You May Object to the Settlement.

If you are a Class Member, and you do not exclude yourself from the Settlement (opt out), you may object to the Settlement before final approval of the settlement by the Court. If you choose to object to the Settlement, you may enter an appearance by representing yourself, or through an attorney that you hire and pay for yourself.

In order to object to the Settlement, or any portion of it, you must file with the Court and serve the attorneys for the Class and for the Defendants with your objection in writing on or before [objection postmark deadline] in order for your objection to be considered. If the Court approves the Settlement despite any objections, you will receive your share of the Settlement proceeds and will be bound by the Release (as discussed below).

IX. How much money will You receive if You do not request to be excluded and the Settlement is approved?

As mentioned above, Defendants have agreed to pay a gross settlement amount of $5,750,000 in consideration for this Settlement and a release of all claims asserted in the lawsuit by the Class. From this sum, amounts will be deducted for payroll taxes, expenses and fees of the Settlement Administrator, an enhancement award to the Class Representative, and attorneys' fees and expenses, to establish the Net Settlement Fund. Enclosed with this Notice you will find a Notice of Anticipated Settlement Share. This represents the Administrator's best estimate of your share of the Net Settlement if all deductions described above are approved by the Court. It is an estimate only, and may vary depending upon the Court's rulings.

X. Release

Upon the final approval by the Court of this Settlement Agreement, and except as to such rights or claims as may be created by this Settlement Agreement, each member of the Settlement Class fully releases and discharges Defendants and all of their past, present, and future parent companies, subsidiaries, affiliates, divisions, agents, management companies, and single-copy distributors, and all of their respective employees, members, officers, directors, partners, legal representatives, accountants, trustees, executors, administrators, real or alleged alter egos, predecessors, successors, transferees, assigns and insurers, from liability for the claims that were asserted in the Third Amended Complaint, and arising out of the acts, facts, transactions, occurrences, representations, or omissions set forth in the Third Amended Complaint. Claims that shall not be released include claims for unemployment compensation, workers' compensation, employment discrimination, and retaliation, except that all claims are being released by named Plaintiff Alicia Miller to the fullest extent pennitted by law.

XI. Additional important information.

You will get your share of the Settlement only if the Settlement Administrator has your correct information. It is your responsibility to ensure that the Settlement Administrator has this

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Pages

information. It also is your responsibility to keep a current address on file with the Settlement Administrator to ensure that you receive your settlement payment, should the Court order final approval of the settlement.

XII. Settlement Approval Hearing

The Court will hold a Settlement Approval Hearing on [Final Approval hearing date] at [Time], in Department [ CX-101] of the Orange County Superior Court, Civil Complex Division, located at [751 West Santa Ana Ave., Santa Ana, CA], at which time the Court will determine: (1) whether the settlement should be approved as fair, reasonable, and adequate; (2) whether the application of Class Counsel for an award of attorneys' fees and expenses should be approved and, if so, in what amount; (3) whether the application for enhancement award for the Class Representatives should be approved and, if so, in what amount; and (4) whether a proposed Final Approval Order and Judgment should be entered by the Court. If objections have been received, the Court will consider them at that time.

You Are Not Required To Attend The Settlement Approval Hearing.

You are welcome to attend the Final Approval Hearing, at your own expense. You may request permission to speak to the Court at the Settlement Approval Hearing. You may hire your own attorney at your own expense to speak at the Settlement Approval Hearing. If you want to speak at the Settlement Approval Hearing, you must ask the Court for permission. To do so, send a letter to the Court (at the address set forth above in this Section of the Notice) with a copy to the Claims Administrator (at the address set forth in Section V of this Notice), requesting permission to speak at the Settlement Approval Hearing. Such letter should be signed and should contain a brief statement of the position that you wish to put before the Court at the Settlement Approval Hearing and the basis for that position. The Court may, or may not, grant the request.

If the Court issues a Final Approval Order, the parties will jointly seek the Court' s approval of the dismissal of the claims of the case with prejudice. The Court will retain jurisdiction to oversee the full implementation of the Settlement.

XIII. Who can I contact if I have further questions?

The contact information for the court-appointed Settlement Administrator for this Class Action Settlement is as follows:

Alicia Miller v. Ikea Calif omia L.L. C . ., et al,

[Class Action Administrator Contact Info]

If you have questions, you may call the Settlement Administrator, toll free, at(***) ***-****. Ask about the Miller v. Ikea Class Action Settlement.

You may also call Class Counsel listed in Section VI above. They can be reached as follows:

Stephen P. O'Dell at Marlin & Saltzman, LLP (714) 669 - 4900

NOTICE OF PROPOSED CLASS ACTION SETTLE:MENT Page6

Peter M. Hart at Law Offices of Peter M. Hart (310) 478-5789


EXHIBIT C

Alicia Miller v. Ikea California, LLC, et al,

(Orange County Superior Court, No. 30-2009-)

NOTICE OF ANTICIPATED SETTLEMENT SHARE

***PLEASE REVIEW THIS NOTICE CAREFUUY***

Based upon employment records provided by Ikea California, L.L.C. and Ikea U.S. West, Inc. ("Ikea"), (1) you were employed by Ikea during the period from December 24, 2005, until October 11, 2013; and (2) worked as an hourly employee for a total of weeks. Based upon this determination, your anticipated settlement share is:

$ _____ _

•••••••••••••••••••••••••••• •••••• ••••• •••••••••••••••••••••••••••••••••••••••••• •

1.

YOU DO fiJil. NEED TO RESPOND TO THIS NOTICE IN ORDER TO

RECEIVE YOUR SHARE OF Tms SETTLEMENT IN THE EVENT

THAT THE SETTLEMENT IS APPROVED BY THE COURT AND IF

YOUR INFORMATION BELOW IS ACCURATE

YOU MUST RETURN THIS FORM IF:

YOUR PERSONAL INFORMATION BELOW IS INCORRECT

OR

YOU DISAGREE WITH THE EMPLOYMENT INFORMATION BELOW ,

[CURRENT INFORMATION] [CORRECTED INFORMATION]

[Name]

[Name while employed]

[Address]

[Address]

[Home Telephone]

[Other Telephone]

Name while employed: ---------

Address:--------------

Home Tel: ------------~

Other Tel:-------------

If any of the information above is inco"ect,

YOU MUST provide the correct information in the space provided

and return this page to the Settlement Administrator at the address shown below

2. EMPLOYMENT WITH IKEA CALIFORNIA, LLC AND/OR IKEA U.S. WEST, INC.

Section A: Ikea California LLC's and/or Ikea U.S. West, Inc.'s Records indicate that you are a Class Member:

Ikea California L.L.C.'s and/or Ikea U.S. West, Inc.'s ("Ikea") records indicate that, at some point during the period December 24, 2005 and October 11, 2013, you were employed by Ikea in California as an hourly non-exempt employee (except those employed as a supervisor or manager).

The Settlement allocates a proportional amount of the Net Settlement Fund (as defined in the accompanying Notice) to each Class Member. This amount is based on the number of weeks that you worked in a class position during the class period.

Ikea California, L.L.C.'s and/or Ikea U.S. West, Inc.'s records reflect that:

• you worked _ work weeks during the class period in one or more of the listed positions. .

IF YOU AGREE WITH THE INFORMATION STATED ABOVE, YOU NEED NOT DO ANYTHING FURTHER, UNLESS YOU NEED TO CORRECT YOUR PERSONAL

IDENTIFICATION INFORMATION IN SECTION 1 OF THIS NOTICE

••••••••••••••••••••••••••••••••••••••••••••• ••••••••••••••••••••••••••• ••••••••••

2

Section 8: Information Provided by Class Member.

Complete this section ONLY IF you believe that the information set forth in Section A, above, is not accurate.

Corrected information:

I worked in one or more of the class positions during the period from December 24, 2005 to

October 11, 2013 for a total of __ weeks. I have included copies of documentation in my

possession which supports this number with this document.

When you return this Form to the Settlement Administrator, you MUST also send documentation that supports or relates to the information that you provide in this Section B. This portion of this form MUST be returned to the Settlement Administrator noted below by

no later than - - ---

Signed:----------- Date:----------

Print Name:---------- Last 4 Digits of Soc. Sec. # __ _

•• • • •••• •••••• •••••••••• ••• •••• • • •• • • • • •• • •• • •• • ••• ••• • •• • •• • •••••• •• • • ••• • ••• •••• IF YOU NEED TO RETURN ANY PART OF THIS FORM

TO THE SETTLEMENT ADMINISTRATOR PLEASE MAIL IT TO THE FOLLOWING ADDRESS

Alicia Miller v. Ikea California, L.L.C., et al.

[SETTLEMENT ADMINISTRATOR],

[ADDRESS],

[FAX TELEPHONE NUMBER]

YOU MAY ALSO NOTIFY THE SETTLEMENT ADMINISTRATOR

OF A CHANGE OF ADDRESS BY GOING TO THE FOLLOWING WEBSITE:

www. _____ -'-.com

Your share of the Settlement will be mailed to you at the address provided if the Court grants final approval of the Settlement. It is your responsibility to keep a cu"ent address on file with

the Settlement Administrator to ensure receipt of your share of the Settlement.

3

EXHIBIT D

Alicia Miller v . . Ikea California, LL. C., et al.

(Orange County Superior Court No. 30-2009-00331682)

OPT OUT FORM

Instructions: Please complete this Form only if you do not want to participate in the Settlement that is described in the Notice of Class Settlement that accompanies this Form. If you choose to complete this Form, the deadline for mailing it to the Settlement Administrator is [**INSERT DATE**].

I. PERSONALINFORM:ATION

Name (first, middle and last):_

Home Street Address:_

City, State, Zip Code:_

Home Telephone Number: ( __ )_

Last 4 digits of Social Security Number:_

Please Provide Your Home or Mobile Telephone Number: ( )

Please Provide Your E-mail address (optional - to be used only to communicate with you regarding the Settlement):

II. REQUEST FOR EXCLUSION

By signing and returning this Form, I certify that I have carefully read the Notice of Class Settlement and that I wish to be excluded from the Settlement described therein. I understand this means that I will not be eligible to receive any money or other benefits under the Settlement and I will not have standing to object to the Settlement or to Class Counsel's application for Attorneys' Fees and Expenses. I also understand that if I am excluded from the class, I may bring a separate legal action seeking damages, but might recover nothing or less than what I would have recovered if I had participated in the Settlement.

III. MAILING INSTRUCTIONS

If you choose to return this Form, you must return it to the Settlement Administrator postmarked on or before [**INSERT DATE**] at the address listed below:

Alicia Miller v. Ikea California L.L.C., et al, Class Action Administrator

(Continued on Reverse Side)

IV. PLEASE SIGN BELOW

I certify that the foregoing statements made by me are true and correct.

Dated: (Signature)

(Print Name)

2

1 PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF ORANGE;

3 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 3200 El Camino Real, Suite 100, Irvine,

4 California, 92602. On January 29, 2014, I served the foregoing document described as

5 DECLARATION OF STEPHEN P. O'DELL IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

6 on the interested parties in this action by placing a true copy thereof enclosed in a sealed

7 envelope addressed as follows:

8

9 [X]

10

11

12

13

14

[ ]

15 [X]

16 [ ]

17

See Attached Service List

(VIA E-SERVICE) I caused to have such docwnent served via e-Service with One Legal.

(VIA US MAIL) I caused such envelope(s) to be deposited in the mail at Irvine, California with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

(STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

(FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

18 I declare under penalty of perjury, under the laws of the State of California that the

foregoing is true and correct.

19

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25

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27

28

Executed on January 29, 2014 at Irvine, California.

Notice Of Motion And Motion For Pre1iminary Approval Of Class Settlement 20

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SERVICE LIST

ALICIA MILLER v. IKEA CALIFORNIA OCSC Case No. 30-2009-00331682-CU-OE-CXC

cott Lacunza, Esq. icole M. Savala, Esq. ACKSON LEWIS LLP 000 Birch Street, Suite 5000

ine, CA 92660 [email protected]

949) 885-1360; Fax: (949) 885-1380

eter M. Hart, Esq. AW OFFICES OF PETER M. HART

12121 Wilshire Blvd., Suite 205 os Angeles, CA 90025 [email protected] 310) 478-5789; Fax: (310) 561-6441

ttomeys for Defendant, IKEA ALIFORNIA, LLC and IKEA U.S. WEST, c.

o-Counsel for Plaintiff

Notice Of Motion And Motion For Preliminary Approval Of Class Settlement 21

EXHIBIT 2B

1 PETERM. HART (SBN 198691) LAW OFFICES OF PETER M. HART 12121 Wilshire Boulevard, Suite 205

2 Los Angeles, California 90025

3 Telet>hone: (310) 207-0109 Facsimile: (509) 561-6441

4 LOUIS M. MARLIN (SBN 54053)

5 STEPHEN P. O'DELL (SBN 132279) MARLIN & SALTZMAN, LLP 3200 El Camino Real, Suite 100

6 Irvine, California 92602 Telephone: (714) 669-4900

7 Facsimilie: (714) 669-4750

8 Attorneys for Plaintiff ALICIA MILLER

9

ELECTROIHCALL Y FILED Superior Court of California,

County of Orange

0112912014 at 12 :37 :DO PM Clerk of the Superior Court

By Irma Cook , Deputy Clerk

10

11 ·

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE

ALICIA MILLER, as an individual and on behalf 12 of others similarly situated,

13

14 v.

Plaintiff,

15 IKEA CALIFORNIA, L.L.C., a limited liability company; IKEA U.S. WEST, INC., a corporation,

16 and DOES 1 THROUGH 100, inclusive,

17

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27

Defendants.

CASE NO.: 30-2009 00331682

[Assigned to Judge Gail A. Andler, Dept. CXlOl]

DECLARATION OF PETER M. HART IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

[Complaint filed on December 24, 2009)

1 DECLARATION OF PETER M. HART ISO MOTION FOR PRELIMINARY APPROVAL OF CLASS

ACTION SETTLEMENT

1 DECLARATION OF PETER M. ftART

2 I, Peter M. Hart, declare as follows:

3 1. I am an individual over the age of 18. I am a California bar-admitted attorney with a

4 private practice. My firm is the Law Offices of Peter M. Hart (hereafter "Law Offices"), and I am one

5 of the attorneys of record for Plaintiff Alicia Miller ("Plaintiff") in this action. Plaintiff Miller

6 originally retained my firm in this action on a pure contingent fee basis. The finn of Marlin &

7 Saltzman was associated in on this action at the commencement and early stages of this action.

8 2. I have personal knowledge of the facts set forth below and if called to testify I could

9 and would do so competently.

10 SUMMARY OF RESEARCH, DISCOVERY AND INVESTIGATION

11 3. I and associates at my finn were involved in this lawsuit, including the drafting of the

12 initial complaint, preparing discovery, creating a litigation strategy, reviewing client documents,

13 reviewing policy docwnents and class data produced by Defendant, preparing for the two separate

14 full-day mediations in this case, travelling to and attending the mediation sessions, working with

15 attorneys from my offices and with my co-counsels in defending Plaintiff's depositions, conferencing

16 with Plaintiff to prepare her for deposition, consulting for hours with putative class members and

17 witnesses, reviewing the class action settlement agreement, notice, claim form and proposed order,

18 performing legal research throughout the case (research supporting the pleadings. discovery, and

19 mediation research), supervising the work of other attorneys and attending a number of court hearings.

20

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27

I was involved in determining the case prosecution strategy as well as determining specific tactics at

various points in the case.

4. The research and review I performed of the class data and the policies and practices of

Defendants was necessary help prepare for mediation and to help assess the strengths and weaknesses

of this case. I also spent numerous hours reviewing the policies and creating estimates of the liability

for the claims of the Class and potential exposlire risks, particularly as we headed to the mediation

sessions.

5. I spent significant time talking with the Plaintiff in order to obtain detailed facts of this


ACTION SETTLEMENT

. 1 action and of Plaintiff's own employment, particularly at the inception of this case and the case

2 investigation prior to the filing of this action.

3

4 6.

THE SETTLEMlNT IS FAIR, REASONABLE AND ADEQUATE

Based upon my involvement in this case and for the reasons set forth below in this

5 declaration, the settlement achieved in this case is fair, reasonable and adequate. The full amount of

6 $5,750,000.00 settlement is to be paid out with no reversion to Defendant.

7 7. This was a highly contentious litigation with the parties each being represented by

8 highly competent counsel through over 4 years of litigation. As discussed above, the parties engaged

9 in substantial discovery and over the years of this litigation. Further, the settlement was reached only

10 after arm's-length negotiations bet:ween the parties, including at two separate mediation sessions, and

11 in the negotiation and drafting of the long form class settlement agreement.

12 8. As shown above, and as further discussed herein, there should be little doubt that the

13 parties were well-infonned and possessed all of the relevant information needed to reach this current

14 settlement. Plaintiff and Defendant have done extensive investigation, disc0very leading up to this

15 settlement. Plaintiff has extensively investigated the exposure of Defendant during the mediations

16 which led to settlement.

17 9. Class Counsel have advanced substantial litigation costs during this litigation, including

18 substantial costs on expert analysis of data and records, depositions, travel, mediation fees, and other

19 costs such as copies, court filings, and service of docwnents, and have set forth their estimates of costs

20 in the Class Notice.

21

22 10.

EXPERIENCE OF COUNSEL

Both Plaintiff's counsel and counsel for Defendant have a great deal of experience in

23 wag~ and hour class action litigation. Furthermore, attorneys for, Plaintiff are an experienced team of

24 lawyers with substantial complex litigation experience at both the trial court and appellate level.

25 Plaintiff's counsel has been approved as class counsel in other wage/hour class actions, including 26 actions that have been granted final approval. 27 11. I am one of the attorneys on this matter. My qualifications are as follows: I received


ACTION SEITLEMENT

1 my JD from Loyola Law School in 1998. During law school, I interned for Hon. Judge Harvey

2 Schneider1 Los Angeles County Superior Court. I also did a summer internship with the Los Angeles

3 office of Perkins Coie, LLP. I graduated cum laude from Loyola Law School in the top 5% of my

4 class and graduated ranked No. 9 out of 311 students. While I was at Loyola Law School, I was the

5 Research Editor of the Loyola of Los Angeles Law Review.

6 12. After law school, I worked for the Seattle-based national law finn of Perkins Coie, LLP

7 in their Los Angeles office as an associate representing major corporations such as Boeing, W.R.

8 Grace, and Merrill Lynch. I transitioned to St. Louis-based Bryan Cave LLP, another national law

9 firm, and continued to represent major corporations in contract and employment matters.

10 13. After leaving Bryan Cave LLP, I started my own firm. My firm's sole focus is

11 employment law. The majonty of the cases I do are wage and hour cases, primarily focused on class

12 actions. I have handled a number of wage and hour matters including class actions and multiple-

13 Plaintiffs actions. I have a practice that encompasses cases in the Los Angeles Superior Courts, the

14 Orange County Superior Courts, the San Francisco County Superior Courts, the San Diego County

15 Superior Courts, and the United States District Courts for the Northern and Central Districts of

16 California and before the United States Court of Appeals for the Ninth Circuit.

17 14. I was one of the primary class counsel in a wage and hour class settlement of

l8 Mardirossian v. Whole Foods Markets, Inc., Los Angeles Superior Court Case No. BC 344325 in

19 which, with my co-counsels, we were able to obtain a commendable result for current and fonner

20 employees of Whole Foods. ·The class aotion against ·Whole •Foods .. was granted final approval on

21

22

23

April 10, 2007 by Hon. Judge David Minning of the Los Angeles County Superior Courts.

J 5. I was one of the primary class counsel in the vacation forfeiture class settlement of

Chan-Lanier v. Citigroup, Inc. et al, San Francisco Superior Court Case No. CGC-05-445143, in 24 which, with my co-counsels, we were able to obtain settlement for current and former employees of 25 Citigroup. The class action against Citigroup was granted final approval in August 2007 by Hon. 26 Judge Peter Busch of the San Francisco County Superior Court. 27 ~n

16. I was one of the lead counsel in a class action before Hon. Judge Wayne D. Brazil

4 DECLARATION OF PETER M; HARr ISO'MOTION FOR PREUMINARY APPROVAL OF CLASS

ACTION SEITLEMENT

f • 1 • I > ' ' • '• "

against Target Corporation for forfeiture of vested vacation wages, among other claims. See Wong v.

2 Target Corporation, Case No. C06 CVOS398 (WDB), United States District Court for the Northern

3 District of California. Judge Brazil granted final approval of class action settlement in this case in July

4 2008.

5 17. I was one of the class counsel in an off-the-clock settlement entitled Smith v. Hartford

6 Fire Insurance Company, San Diego County Superior Court Case No. GIC 856271. Titls case was

7 granted final approval on a class-wide basis by Hon. Judge Ronald °L. Siyn of the San Diego County

8 Superior Courts.

9 18. I have engaged in appellate work in wage and hour matters, including the published

10 Ninth Circuit case of Jacquelin Davis v. 0 'Melveny & Myers, 485 F .3d 1066 (9th Cir. 2007) (reversing

11 District Court's granting of motion to compel arbitration against national and international law finn

12 and allowing Ms. Davis to proceed in the District Court for the Central District of California for meal

13 and rest period violations, overtime violations, other California Labor Code and FLSA claims, and

14 California Unfair Practices claims).

15 19. I have also been named as Class Counsel in a number of class actions that have been

16 granted final approval by the Superior Courts of Los Angeles County, Orange County, and San Diego

17 County, including the following: Le v. Toshiba, Orange County Superior Court, Case No. 04

18 CC04108; Carter v. Ethan Allen, Inc., Los Angeles Superior Court Case No. BC 312632.

19 20. I was retained based upon a contingency fee arrangement wherein Plaintiff's counsel

20 agreed to advance the costs and receive no fee unless a recovery was accomplished. Specifically, had

21 Plaintiff failed to prevail on these claims, counsel for Plaintiff would have spent a significant amount

22 of time, money and other resources without any benefit or return. For Plaintiff's counsel, the fees here

23 were wholly contingent in nature and the case presented far more risk than. the usual contingency fee

24 case. 25 21. Among the risks was the cost inherent in class action litigation, as well as a long battle

26 with a corporate Defendants who had retained a premier defense finn. 27 22. Associated with my firm during this litigation was Amber S. Healy (California State

5 DECLARA TlON OF PETER M. HART ISO MOTION FOR PRELIMINARY APPROVAL OF CLASS

ACTION SEITLEMENT

1 Bar no. 232730). Ms. Healy performed legal research, attended court hearings, participated in

2 discovery matters, and attended the first mediation session before Hon. Judge Velasquez. Ms. Healy

3 received her J.D. from Loyola Law School, Los Angeles, in 2004 and was admitted to the California

4 State Bar thereafter. Prior to joining my offices, Ms. Healy worked at Zimmerman & Kahanowith

5 APC, which specialized in complex litigation. Ms. Healy also worked at Kalcheim Salah (later

6 Kalcheim Law Group), a boutique litigation firm representing California consumers in complex class

7 litigation. Ms. Healy has been billed out by my firm at the rate of$475.00 per hour

8 23. Also, associated with my firm during this litigation was Katherine Marie Copeland

9 (California State Bar no. 281662). Ms. Copeland performed legal research in this case and reviewed

10 documents. She received her J.D. from Loyola Law School in 2011 and was admitted to the

11 California Bar thereafter. Ms. Copeland has been billed out by my finn in this case at $400.00 per

12 h our.

13 24. Also, associated with my finn after this case settled is Travis Hodgkins. Mr. Hodgkins

14 attended court hearings in this case and also prepared for and attended the second mediation session in

15

16

San Francisco with David Rotman, presiding as the mediator. He received his J.D. from U.C.

Hastings, College of Law, in 2008 and was admitted to the California State Bar thereafter. Prior to

1? joining my offices, Mr. Hodgkins worked at the Aequitas Law Group, which specializes in wage and

18 hour class action litigation, for nearly three years. Prior to that, he worked at Lee Anav Chung LLP, a

19 mid-size trial litigation firm representing international corporations in complex business disputes. Mr.

20 Hodgkins has been billed out by my firm in this case at $475.00 per hour.

21 25. Also associated with my firm during the litigation was Kimberly A. Westmoreland. Ms.

22 Westmoreland performed detailed legal research and reviewed deposition testimony in this action. Ms.

23

24

Westmoreland received her J.D. from Loyola Law School, Los Angeles, in 2004 and was admitted to

the California State Bar shortly thereafter. Prior to joining my offices, Ms. Westmoreland began

25 working at Riley & Reiner, a business litigation finn headed by Ira Reiner, the former District 26 Attorney of Los Angeles. Ms. Westmoreland also worked for Hamner Law Offices, an employment 27 .. .,,

class action firm specializing in plaintiff wage and hour matters. Mr. Westmoreland has been billed

6 DECLARATION OF PETER M. HART ISO MOTION FOR PRELrMINARY APPROVAL OF CLASS

ACTION SETTLEMENT

out by my firm in this case at $475.00 per hour.

2 26. Also associated with my firm during the litigation of this case were Melissa M. Coyle

3 who performed detailed legal research necessary to analyze the relative strength of the claims and also

4 prepared for and attended the deposition of Plaintiff Miller. I directly supervised Ms. Coyle's to work

5 to ensure the quality of their work, the necessity of the work and to rninimiz.e duplication of attorney

6 time. Ms. Coyle received her J.D. from Loyola Law School, Los Angeles, in 2004 and was admitted to

7 the California State Bar that year. Prior to joining my office, Ms. Coyle was associated with two mid·

8 size local Los Angeles law firms, Epport, Richman & Robbins, LLP and Booth, Mitchel & Strange,

9 LLP. Ms. Coyle has been billed in this case at $475.00 per hour.

10 27. I routinely engage in negotiations with attorneys who have practiced many more years

11 than I have. I have a great deal more responsibility and discretion than attorneys with the same

12 nwnber of years experience at mid-to-big siz.e firms. My billing rate for this case has been at the rate

13 of $695.00. I have been approved by state and federal courts at the rate of$650.00 per hour.

14 ATTORNEYS' FEES AND COSTS

15 28. The total costs of this litigation to my firm are $5,551.95. My firm will submit an'

16 itemization of these costs at final approval.

17 29. Costs and attorney hours are individually tracked and recorded for each case my law

18 firm handles.

19 30. The total of attorney's fees to date for myself and my firm including the other attorrieys

20 on this case under my supervision is 790.5 hours which is $495,497 .5 in fees incurred for my firm.

21 This includes an estimated 30 additional hours preparing for and travelling to the Final Fairness

22 Hearing and drafting the papers in support thereof, coordinating with the Defendant and the Claims

23 Administrator regarding the settlement papers and the implementation of the settlement process,

24 resolving issues regarding claims submitted with Defendant, talking to class members who contact me

25 by telephone, or e-mail, or fax with questions regarding the settlement and claims process. In 26 addition, there are usually a number of hours of more work post final approval, should it be granted, in 27 answering class member questions regarding payouts and in coordinating late submitted claims and


ACTION SETILEMENT

other issues with Defendants, Class Members and the Claims Administrator.

2 31. Combined with the total fees to date for Class Counsel combined, the amount of hours '

3 incurred by Class Counsel in this litigation supports the fees that Plaintiff's counsel seek in lhl:s case-

4 and this is even more so when factoring in the reasonable estimates of additional attorney time

5 preparing for the Final Fairness Hearing and dealing with matters that arise in settlement

6 administration issues post final approval.

7 32. A more detailed summary of my hours and the hours of the attorneys referenced above

8 will be provided by my finn at final approval.

9 33. The amount of attorney's fees requested for Plaintiff's counsel are well within the

10 range of what is acceptable and fair and reasonable. Defendant has agreed to not oppose this

11 requested amount of fees. Accordingly, the attorneys' fees sought by Plaintiff's counsel and the

12 litigation costs sought are fair, reasonable, and adequate, and are well within a reasonable range for

13 this case. Plaintiff's counsel through this lawsuit brought a significant recovery, to the class members

14 in payments to Defendant's employees that significantly benefitted the current and former employees

15 and that the settlement is fair reasonable and adequate and should be granted final approval. Class

16 Counsel believe that these are important issues for the Court to consider as well.

17 I declare under penalty of perjury under the laws of the California that the foregoing is

18 true and correct. Executed on this~th day of January 2014 at Los Angeles, California.

19

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23

24

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26

27

~,Md-Peter M. Hart


ACTION SETTLEMENT

1 PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF ORANGE;

3 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 3200 El Camino Real, Suite 100, Irvine,

4 California, 92602. On January 29, 2014, I served the foregoing document described as

5 DECLARATION OF PETER M. HART IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

6 on the interested parties in this action by placing a true copy thereof enclosed in a sealed

7 envelope addressed as follows:

8

9 [X]

10

11 [ ]

12

13

14

15 [X]

16 [ ]

17

See Attached Service List

(VIA E-SERVICE) I caused to have such document served via e-Service with One Legal.

(VIA US MAIL) I caused such envelope(s) to be deposited in the mail at Irvine, California with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

(ST ATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

(FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

18 I declare under penalty of perjury, under the laws of the State of California that the

foregoing is true and correct.

19

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28

Executed on January 29, 2014 at Irvine, California.

~, ~ ?Shepard


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SERVICE LIST

ALICIA MILLER v. IKEA CALIFORNIA OCSC Case No. 30-2009-00331682-CU-OE-CXC

cott Lacunz.a, Esq. icole M. Savala, Esq. ACKSON LEWIS LLP 000 Birch Street, Suite 5000

ine, CA 92660 [email protected]

949) 885-1360; Fax: (949) 885-1380

eter M. Hart, Esq. AW OFFICES OF PETER M. HART

12121 Wilshire Blvd., Suite 205 os Angeles, CA 90025 [email protected] 310) 478-5789; Fax: (310) 561-6441

ttorneys for Defendant, IKEA ALIFORNIA, LLC and IKEA U.S. WEST, c.

o-Counsel for Plaintiff


EXHIBIT 3

6125/2014 1:21 PM

Nickname Full Name Address Phone 1 Phone 3 In Ref To

Fees Arrg. Expense Arrg. Tax Profile

22-371 0 ! Ikea Class Ikea Class Action Co-Counsel Peter Hart

Marlin & Saltzman, LLP Pre-bill Worksheet

Phone 2 Phone 4

Ikea Class Action Our File# 22-3710 By billing value on each slip By billing value on each slip Exempt

T o.tc,:il of billable time slips

Date ID

Price

Page 2

$0.00

Quantity Amount Total Attorney Expense

3/9/2010 Karir. 158006 $Mileage

Markup % _________ _ 0.55 13.000 7.15 ---B-il-la-b-le

Mileage re; travel to court hearing; SPO

3/9/2010 Karin 158007 $Parking

Parking re atcendance at court hearing; SPO

2.50

4/301201 O Karin 0.25 153890 $Photocopies

A1x il, 201 O copy charges; 56 copies @ .25 per copy

41301201 O Kc:rin 0.25 · ~ t,8899 $Photocopies

April , 2010 copy charges; 15 copies@ .25 per copy

s11 ·1/L01 O Karin 0.55 158854 $Mileage

Mileage re; travel to attendance at court hearing; S. O'dell

5/1 ~/2010 Karin 158855 $Parking

Parki:1g re attendance at court hearing; S O'dell

E/21/201 O Karin 15f-898 ~Attorney Serv

Attorney Serv:ce re

5/3112010 Karin 15941 O $Poscage

May, 201 O Postage charges.

2.50

0.00

0.61

1.000

56.000

15.000

13.000

1.000

1.000

1.000

6/29/2010 Karin 22.00 1.000 159907 $Attorney Serv

Attorney Service re One Legal; Stip and Proposed Order for Filing of FAC; Invoice# 5002165

7."! /201 O Karin 0.25 1.000 159911 $Photocopies

June, 201 C ct1py charges; 29 copies @ .25 per copy

2.50 Billable

14.00 Billable

3.75 Billable

7.15 Billable

2.50 Billable

0.00 Billable

Billable

22.00 Billable

0.25 Billable

6/25/2014 1:21 PM

22-3710:1kea Class Action (continued)

Date Attorney


Price ID =E~xp~e~n=s~e~~~~~~~~~~~~ Markup%

7/6/2010 Karin 0.55 160574 $Mileage

Quantity

13.000

Mileage re; travel to court appearance; 13 miles @ .55 per mile; S O'dell

7/6/2010 Karin 160575 $Parking

Parking re court appearance; S.O'dell

2.50

7/31/2010 Karin 0.25 160438 $Photocopies

July, 2010 copy charges; 14 copies@ .25 per copy

7/31/2010 Karin 0.25 160483 $Photocopies

July, 2010 copy charges; 17 copies @ .25 per copy

7/31/2010 Karin 1.00 160484 $Fax

July, 201 O fax charges; 2 faxes @ 1.00 per fax

1.000

14.000

17.000

2.000

8/31 /2010 Karin 9.95 1.000 160838 $Attorney Serv

Attorney Service re Joint Case Management Conference; S. Simpson Invoice# 5008405

8/31/2010 Karin 0.25 1.000 160932 $Photocopies

August, 2010 copy charges; 1 copy @.25 per copy

9/7/2010 Karin 0.55 13.000 160841 $Mileage

Mileage re; travel to Court Further Status Conference; ; S. O'Dell

9/7/2010 Karin 2.50 1.000 160842 $Parking

Parking re court Further Status Conference; S. O'Dell

10/29/201 O Joy 0.25 68.000 161688 $Photocopies

October, 201 O copy charges; 68 copies @ .25 per copy

11 /18/2010 Joy 31.95 1.000 162123 $Attorney Serv

Attorney Service re One Legal LLC; Invoice 5017291 ; E filing; court filing

11/30/2010 Joy 9.95 1.000 162464 $Attorney Serv

Attorney Service re One Legal; Invoice 5018296; e-filing

12/7/2010 Joy 0.55 14.000 163311 $Mileage

Mileage re; travel to court appearance; S. O'Dell; 14 miles@ .55 per mile

Page 3

Amount Total

7.15 Billable

2.50 Billable

3.50 Billable

4.25 Billable

2.00 Billable

9.95 Billable

0.25 Billable

7.15 Billable

2.50 Billable

17.00 Billable

31 .95 Billable

9.95 Billable

7.70 Billable

6/25/2014 1 :21 PM


Date Attorney


Price

Page 4

Quantity Amount Total ID =E~xp~e~n_s_e ___________ ~

12/7/2010 Joy

Markup% _________ _ 5.00 1.000 5.00 ---B-i-lla-bl-e

163312 $Parking Parking re court appearance; S. O'Dell

1/19/2011 Joy 0.55 14.000 163231 $Mileage

Mileage re; travel to Court; S.O'Dell; 14 miles@ .55 per mile

1 /19/2011 Joy 5.00 1.000 163232 $Parking

Parking re Court appearance; S. O'Dell

1/31/2011 Joy 0.15 45.000 163919 $Photocopies

January, 2011 copy charges; 45 copies @ .15 per copy

1/31/2011 Joy 0.55 13.000 163962 $Mileage

Mileage re; travel to deposition of client; 13 miles@ .55 per mile; S. O'Dell

2/8/2011 Joy 942.30 1.000 163903 $Depositions

Deposition Costs re M&M Court Reporters; Invoice 12298A; Copy of Transcript of Mary Lou Beggs, Vol I

2/8/2011 Joy 407.50 1.000 163904 $Depositions

Deposition Costs re M&M Court Reporters; Invoice 12302A; Copy of Transcript of Mary Lou Begg, Vol II

2/9/2011 Joy 417.50 1.000 163901 $Depositions

Deposition Costs re M&M Court Reporters; Invoice 20074R; Video of Mary Lou Begg, Vol II

2/9/2011 Joy 702.50 1.000 163902 $Depositions

Deposition Costs re M&M court Reporters; Video Setup of Mary Lou Beggs, Vol I

2/17/2011 Joy 163905 $Depositions

Deposition Costs re Miller

573.00 1.000

Legalink; Invoice # 17142382; Transcript of Alicia

3/2/2011 Joy 96.50 1.000 163799 $Expenses

Expense re Continental Interpreting; Spanish translation of letter to IKEA Coworker; Invoice 155305

7.70 Billable

5.00 Billable

, 6.75 Billable

7.15 Billable

942.30 Billable

407.50 Billable

417.50 Billable

702.50 Billable

573.00 Billable

96.50 Billable

6/25/2014 1:21 PM


Date Attorney


Price

Page 5

Quantity Amount Total ID _E_xp~e_n_s_e ___________ ~ Markup% ______________ _

3/16/2011 Joy 6862.00 1.000 164122 $Expenses

Expense re Epiq Class Action & Claims Solutions; deposit; Print and postage

4/13/2011 Joy 9.95 164751 $Attorney Serv

Attorney Service re One Legal; Invoice 5035422; e-filing fee

4/20/2011 Joy 164787 $Parking

Parking re court appearance; D. Anderson

2.50

1.000

1.000

4/20/2011 Joy 0.55 14.000 164788 $Mileage

Mileage re; travel to court appearance; D. Anderson; 14 miles@ .55 per mile

4/30/2011 Joy 0.1 O 57.000 165169 $Photocopies

April , 2011 copy charges; 57 copies@ .10 per copy

4/30/2011 Joy 1.21 1.000 165189 $P~stage

April, 2011 Postage charges.

4/30/2011 Joy 72.20 1.000 166782 $Expenses

Expense re Continental Interpreting; Spanish interpreting service for April , 2011

5/31/2011 Joy 0.10 20.000 165891 $Photocopies

May, 2011 copy charges; 20 copies @ .10 per copy

6/6/2011 Joy 0.51 9.000 166690 $Mileage

Mileage re; travel to deposition in Newport Beach; S. O'Dell; 9 miles @ .51 per mile

6/6/2011 Joy 166691 $Parking

P'3rking re deposition in Newport Beach; S. O'Dell

10.00 1.000

6/14/2011 Joy 0.51 14.000 166694 $Mileage

Mileage re O.C. Superior Court appearance; S. O'Dell; 14 miles@ .51 per mile

6/23/2011 Joy 18.37 1.000 166625 $FedEx

Federal Express charges to Alicia Miller, Westminster, CA

6,862.00 Billable

9.95 Billable

2.50 Billable

7.70 Billable

5.70 Billable

Billable

72.20 Billable

2.00 Billable

4.59 Billable

10.00 Billable

7.14 Billable

Billable

6/25/2014 1:21 PM



Date Attorney Price Quantity

Page 6

Amount Total ID Expense Markup% ______________ _

6/30/2011 Joy 0.10 43.000 166187 $Photocopies

June, 2011 copy charges; 43 copies @ .10 per copy

7/8/2011 Joy 19.77 1.000 166746 $FedEx

Federal Express charges, return delivery to Marlin & Saltzman

7/1 5/2011 Joy 17.24 1.000 166744 $FedEx

Federal Express charges to Scott Lacunza, Esq, Newport Beach, CA

7/31/2011 Joy 0.10 169.000 167092 $Photocopies

July, 2011 copy charges; 169 copies@ .10 per copy

7/31/2011 Joy 3282.41 1.000 167127 $Expenses

Expense re Epiq Systems; Class Action & Claims Solutions; Invoice 207002

8/31/2011 Joy 0.10 15.000 167501 $Photocopies

August, 2011 copy charges; 15 copies@ .10 per copy

10/13/2011 Joy 19.85 1.000 167897 $Expenses

Expense re One Legal; Invoice 5068495; e-filing service fee

10/19/2011 Joy 2.50 1.000 168020 $Parking

Parking re court appearance; S. O'Dell

10/31/2011 Joy 0.10 16.000 168089 $Photocopies

October, 2011 copy charges; 16 copies @ .10 per copy

12/10/2011 Joy 9.95 1.000 168441 $Expenses


12/14/2011 Joy 0.555 14.000 168398 $Mileage

Mileage re; travel to court appearance in Santa Ana; S. O'Dell; 14 miles @ .55 per mile

12/1 4/2011 Joy 5.00 1.000 168399 $Parking

Parking re court appearance in Santa Ana; S. O'Dell

4.30 Billable

Billable

Billable

. 16.90 Billable

3,282.41 Billable

1.50 Billable

19.85 Billable

2.50 Billable

1.60 Billable

9.95 Billable

7.77 Billable

5.00 Billable

6/25/2014 1 :21 PM

22-371 O:lkea Class Action (continued)

Date Attorney


Price

Page 7

Quantity Amount Total ID _E~xp~e_n_s_e ___________ _ Markup% ______________ _

1/27/2012 Joy 168645 $Expenses

9.95


1.000

1/31/2012 Joy 0.10 72.000 168693 $Photocopies

January, 2012 copy charges; 72 copies @ .1 O per copy

2/8/2012 Joy 0.555 14.000 168961 $Mileage


2/8/2012 Joy 5.00 1.000 168962 $Parking


2/28/2012 Joy 9.95 1.000 168950 $Expenses


2/29/2012 Joy 0.555 14.000 168965 $Mileage


2/29/2012 Joy 3.75 1.000 168966 $Parking


3/20/2012 Joy 0.00 1.000 169046 $Depositions

Deposition Costs re M&M Court Reporters; Invoice 22388R; Certified copy of

3/31/2012 Joy 0.10 385.000 169434 $Photocopies

March, 2012 copy charges; 385 copies @ .1 O per copy

4/3/2012 Joy 38.89 1.000 169303 $Copy Service

Copy Service re Skyline Document Solutions; Invoice 117705; copies

4/4/2012 Joy 8.08 1.000 169312 $Copy Service

Copy Service re Skyline Document Solutions, Inc.; Invoice 117722; Litigation Copies

4/5/2012 Joy 9.95 1.000 169314 $Expenses

Expense re One Legal; Invoice 5104305; E-filing service fee - complex

9.95 Billable

7.20 Billable

7.77 Billable

5.00 Billable

9.95 Billable

7.77 Billable

3.75 Billable

0.00 Billable

38.50 Billable

38.89 Billable

8.08 Billable

9.95 Billable

6/25/2014 1:21 PM

22-371 O:lkea Class Action (continued)

Date Attorney


Price

Page 8

Quantity Amount Total ID _E~xp~e_n_s_e ___________ ~ Markup% ______________ _

4/11/2012 Joy 0.555 14.000 169622 $Mileage


4/11/2012 Joy 169623 $Parking


5.00

4/23/2012 Joy 19.85 169480 $Expenses

Expense re One Legal; Invoice 5108716; e-filing service fees

4/24/2012 Joy 19.85 · 169446 $Expenses

Expense re One Legal; Invoice 5108970; E-filing service fees

1.000

1.000

1.000

4/25/2012 Joy 0.555 14.000 169628 $Mileage


4/25/2012 Joy 169629 ~Parking


2.50 1.000

5/16/2012 Joy 19.85 1.000 169669 $Expenses

Expense re One Legal; Invoice 5114717; E-filing complex service fee

5/21/2012 Joy 9.95 1.000 169702 $Expenses

Expense re One Legal; Invoice 5115180; e-filing service fee, complex

5/22/2012 Joy 0.555 14.000 169807 $Mileage

Mileage re; travel to Orange County court appearance; S. O'Dell; 14 miles @ .555 per mile

5/22/2012 Joy 169808 $Parking


2.50

5/30/2012 JO'f 9.95 169793 $Expenses

Expense re One Legal, Invoice 5116254; E-filing service fee

5/31/2012 Joy 0.10 1697E3 $Photocopies

May, 2012 copy charges; 54 copies@ .10 per copy

1.000

1.000

54.000

7.77 Billable

5.00 Billable

19.85 Billable

19.85 Billable

7.77 Billable

2.50 Billable

19.85 Billable

9.95 Billable

7.77 Billable

2.50 Billable

9.95 Billable

5.40 Billable

6/25/2014 1:21 PM


Date Attorney


Price

Page 9

Quantity Amount Total ID =E~xp~e=n=s~e-----------~

5/31/2012 Joy

Markup% _____ ____ _ 2.60 1.000 ~---B-il-la-bl-e

169772 $Postage May, 2012 Postage charges.

6/4/2012 Joy 9.95 1.000 169778 $Expenses

Expense re One Legal; Invoice 5119254; E-filing service fee

6/5/2012 Joy 35.00 1.000 169892 $Expenses

Expense re Janney & Janney; Invoice OC2060412091-01 ; File Joint Status Conference Statement OCSC Complex

6/5/2012 Joy 0.555 14.000 170117 $Mileage

Mileage re; travel to to Santa Ana for court appearance; S. O'Dell; 14 miles @ .555 per mile

6/5/2012 Joy 3.75 170118 $Parking


6/5/2012 Joy 30.00 170119 $Expenses

Expense re court filing fee re application for commission to take deposition; S. O'Dell

6/18/2012 Joy 19.85 169935 $Expenses

Expense re One Legal, Invoice 5123265; E-filing service fee

6/18/2012 Joy 19.85 169947 $Expenses


1.000

1.000

1.000

1.000

6/19/2012 Joy 0.555 14.000 170120 $Mileage


6/19/2012 Joy 3.75 1.000 170121 $Parking


6/30/2012 Joy 1.30 1.000 170177 $Postage

June, 2012 Postage charges.

71512012 Joy 3000. 00 1. 000 170212 $Expert

Expert fees re Formuzis Pickersgill & Hunt; Economic Consultants; retainer

9.95 Billable

35.00 Billable

7.77 Billable

3.75 Billable

30.00 Billable

19.85 Billable

19.85 Billable

7.77 Billable

3.75 Billable

.~O Billable

3,000.00 Billable

6/25/2014 1 :21 PM



Date Attorney Price Quantity

Page 10

Amount Total ID Expense Markup% _____ ---~- ____ _

7/5/2012 Joy 15.52 1.000 9'~2 ' 170215 $FedEx

Federal Express charges to Tamorah Hunt, Santa Ana, California

7/23/2012 Joy 65.00 1.000 170345 $Expenses

Expense re Janney & Janney; Invoice OC2071914102-01 ; Obtain police report

7/31 /2012 Joy 19.85 1.000 170425 $Expenses


8/7/2012 Joy 0.555 14.000 170551 $Mileage


8/7/2012 Joy 3.00 1.000 170552 $Parking

Parking re appearance at court in Santa Ana, S. O'Dell

8/9/2012 Joy 8.20 1.000 170499 $Expenses

Expense re Superior Court; print document

8/23/2012 Joy 76.00 1.000 171857 $Expenses

Expense re Janney & Janney; Invoice OC2082016152-01 ; Obtain copy of Case File

8/23/2012 Joy 65.00 1.000 171858 $Expenses

Expense re Janney & Janney; Invoice OC2071914005-01 ; Obtain police report

9/5/2012 Joy 9.95 1.000 170771 $Expenses


9/15/2012 Joy 8100.00 1.000 170855 $Expenses

Expense re Formuzis, Pickersgill & Hunt; September 15th, 2012 invoice; for Data analysis, review

912712012 Joy 19.85 1.000 170975 $Expenses


9/30/2012 Joy 0.1 O 40.000 171038 $Photocopies

September, 2012 copy charges; 40 copies@ .10 per copy

Billable

65.00 Billable

19.85 Billable

7.77 Billable

3.00 Billable

8.20 Billable

76.00 Billable

65.00 Billable

9.95 Billable

8,100.00 Billable

19.85 Billable

4.00 Billable

6/25/2014 1:21 PM


Date Attorney


Price Quantity Amount ID =E~xp~e~n=s~e-----------~

10/9/2012 Joy Markup % ____ _

0.555 14.000 ---7-.7-7 171412 $Mileage

Mileage re; travel to court in Santa Ana; S. O'Dell; 14 miles @ .555 per mile

10/9/2012 Joy 3. 00 1.000 171413 $Parking


10/30/2012 Joy 0.555 8.000 171418 $Mileage

Mileage re; travel to Santa Ana for meeting with economic consultants; S. O'Dell; 8 miles @ .555 per mile

11/1 6/2012Joy 27350.00 1.000 171625 $Expenses

Expense re Formuzis Pickersgill & Hunt; November 16, 2012 invoice; Data Analysis, file review, meeting with attorney

1/9/2013 Joy 0.555 14.000 171971 $Mileage

Mileage re; travel to Santa Ana for court appearance; S. O'Dell; 14 miles @ .555 per mile

1 /9/2013 Joy 4.50 1.000 171972 $Parking


1/9/2013 Joy 39.85 1.000 172048 $Expenses

Expense re One Legal; Invoice 5186179; E-filing service fees; court filing fee

1/17/2013 Joy 19.85 1.000 171958 $Expenses


2/6/2013 Joy 0.555 14.000 172547 $Mileage


2/12/2013 Joy 2645.00 1.000 172269 $Expenses

Expense re Judicate West; Invoice 307482; Mediation fees on April 4, 2013

3/15/2013 Joy 2200.00 1.000 173062 $Expenses

Expense re Formuzis Pickersgill & Hunt; Analysis of Economic Loss

3.00

4.44

27,350.00

7.77

4.50

39.85

1~ . 85

7.77

2,645.00

2,200.00

Page 11

Total

Billable

Billable

Billable

Billable

Billable

Billable

Billable

Billable

Billable

Billable

Billable

6/25/2014 1 :21 PM


Date Attorney


Price

Page 12

Quantity Amount Total ~ID:...-~~-~E~x~pe~n=s~e-----------~

4/2/2013 Joy

Markup% ______________ _ 52.42 1.000

173156 $FedEx Federal Express charges to Formuzis Pickersgill & Hunt, Santa Ana, California

4/4/2013 Joy 173687 $Parking

Parking at mediation; S. O'Dell

7.50 1.000

4/9/2013 Joy 19.85 1.000 173091 $Expenses


4/15/2013 Joy 3900.00 1.000 173067 $Expenses

Expense re Formuzis Pickersgill & Hunt; April 15th, 2013 invoice; Analysis of Econonomic Loss

4/17/2013 Joy 4.50 173689 $Parking

Parking re Court appearance; S. O'Dell

4/30/2013 Joy 0.1 O 173429 $Photocopies

April , 2013 copy charges; 297 copies @ .1 O per copy

1.000

297.000

4/30/2013 Joy 0.555 9.000 173686 $Mileage

Mileage re; travel to mediation in Santa Ana; S. O'Dell; 9 miles @ .555 per mile

5/8/2013 Joy 19.85 1.000 173644 $Expenses

Expense re One Legal; Invoice 7460300; E-filing service fee - Complex

5/15/2013 Joy 0.565 14.000 173695 $Mileage


5/15/2013 Joy 4.50 1.000 173696 $Parking


5/21/2013 Joy 19.85 1.000 173421 $Expenses


5/31 /2013 Joy 0.10 297.000 173379 $Photocopies

May, 2013 copy charges; 297 copies @ .1 O per copy

Billable

7.50 Billable

19.85 Billable

3,900.00 Billable

4.50 Billable

29.70 Billable

5.00 Billable

19.85 Billable

7.91 Billable

4.50 Billable

19.85 Billable

29.70 Billable

6/25/2014 1:21 PM

22-371 0:1kea Class Action (continued)

Date Attorney


Price

Page 13

Quantity Amount Total ID =E~xp~e~n~s~e-----------~ Markup% ______________ _

6/20/2013 Joy 173574 $Expenses

19.85 1.000

Expense re One Legal; Invoice 7487319; E-filing service fees - complex

6/30/2013 Joy 0. 1 O 297.000 173578 $Photocopies

June, 2013 copy charges; 297 copies @ .10 per copy

7/31/2013 Joy 39.85 1.000 174120 $Expenses

Expense re One Legal; Invoice 7812685; Court filing fee, e-filing service fee

7/31/2013 Joy 0.10 345.000 17 4145 $Photocopies

July, 2013 copy charges; 345 copies @ .10 per copy

7/31/2013 Joy 1. 72 1.000 17 4295 $Postage

July, 2013 Postage charges.

8/6/2013 Joy 19.85 1.000 174033 $Expenses

Expense re One Legal; Invoice 7817318; E-filing service fee, complex

8/6/2013 Joy 540.50 1.000 17 4311 $Depositions

Deposition Costs re M&M Court Reporters; Invoice 25634R; Video of deposition of Jammes Tilley

8/12/2013 Joy 569.50 1.000 17 4394 $Depositions

Deposition Costs re M&M Court Reporters; Invoice 21685P; Certified copy of transcript of deposition of Gus Tinajero on 7 /30/13

8/13/2013 Joy 493.00 1.000 17 4395 $Depositions

Deposition Costs re M&M Court Reporters; Invoice 21711 P; Video of deposition of Gus Tinajero on 7 /30/13

8/20/2013 Joy 598.95 1.000 17 4335 $Depositions

Deposition Costs re M&M Court Reporters; Invoice 21748P; Certified copy of transcript of the deposition of James Tilley on 08/06/13

8/31/2013 Joy 0.10 346.000 17 4479 $Photocopies

August, 2013 copy charges; 346 copies @ .1 O per copy

9/18/2013 Joy 39.85 1.000 174684 $Expenses

Expense re One Legal; Invoice 7844055; court filing fee, e-filing fee

19.85 Billable

29.70 Billable

39.85 Billable

34.50 Billable

Billable

19.85 Billable

540.50 Billable

569.50 Billable

493.00 Billable

598.95 Billable

34.60 Billable

39.85 Billable

6/25/2014 1:21 PM


Date Attorney


Price

Page 14

Quantity Amount Total ID =E~xp~e_n~s~e-----------~ Markup% ______________ _

9/24/2013 Joy 174778 $Expenses

19.85


1.000

9/30/2013 Joy 0.10 346.000 17 4927 $Photocopies

September, 2013 copy charges; 346 copies @ .10 per copy

10/7/2013 Joy 9250.00 1.000 175184 $Expenses

Expense re Gregorio, Halderman & Rotman, mediation fees

10/8/2013 Joy 473.80 1.000 175322 $Travel

Travel expense re Southwest Airlines; travel to Oakland for mediation in San Francisco; H. Raanan

10/10/2013 Joy 473.80 1.000 175187 $Travel

Travel expense re Southwest Airlines; L. Marlin; travel to Oakland for mediation in San Francisco

10/11/2013 Joy 473.80 1.000 175072 $Travel

Travel expense re Southwest Airlines; A Bacon; travel to Oakland, Ca for mediation

10/11/2013Joy 473.80 1.000 175185 $Travel

Travel expense re Southwest Airlines; H. Raanan, flight to Oakland for mediation in San Francisco

10/11 /2013 Joy 473.80 1.000 175186 $Travel

Travel expense re Southwest Airlines; S. O'Dell, travel to Oakland for mediation in San Francisco

10/14/2013 Joy 200.00 1.000 175212 $Expenses

Expense re M&M Court Reporters; Invoice 25938R; Video cancellation of Kristine Verbeke on 10/1 4/13

10/22/2013 Joy 0.565 13.000 175225 $Mileage


10/24/2013 Joy 0.565 82.000 175226 $Mileage

Mileage re; travel to Los Angeles for court appearance; S. O'Dell; 82 miles @ .565 per mile

19.85 Billable

34.60 Billable

9,250.00 Billable

473.80 Billable

473.80 Billable

473.80 Billable

473.80 Billable

473.80 Billable

200.00 Billable

7.35 Billable

46.33 Billable

6/25/2014 1:21 PM


Date Attorney


Price

Page 15

Quantity Amount Total ID =E~xp~e~n=s~e-----------~

10/31/2013 Joy Markup% _________ _

0.10 346.000 34.60 ---B-i-lla-b-le 175238 $Photocopies

October, 2013 copy charges; 346 copies @ . 10 per copy

11/13/2013 Joy 39.85 1.000 175350 $Expenses

Expense re One Legal; Invoice 7882784; court filing fee, e-filing service fee

11/25/2013 Joy 19.85 175417 $Expenses


11/30/2013 Joy 0.10 175731 $Photocopies

November, 2013 copy charges; 346 copies @ .1 O per copy

12/6/2013 Joy 19.85 175655 $Expenses


12/13/2013 Joy 19.85 175656 $Expenses


12/31/2013 Joy 0.10 175693 $Photocopies

December, 2013 copy charges; 346 copies @ .10 per copy

1/7/2014 Joy 176096 $Parking


4.50

1.000

346.000

1.000

1.000

346.000

1.000

1/7/2014 Joy 0.565 13.000 176317 $Mileage


1/31/2014 Joy 0.10 346.000 176203 $Photocopies

January, 2014 copy charges; 346 copies@ .1 O per copy

2/4/2014 Joy 109.85 1. 000 176163 $Expenses

Expense re One Legal; Invoice 7931456; Filing fee; e-filing service fee

2/13/2014 Joy 19.85 1.000 176164 $Expenses


39.85 Billable

19.85 Billable

34.60 Billable

19.85 Billable

19.85 Billable

' 34.60 Billable

4.50 Billable

7.35 Billable

34.60 Billable

109.85 Billable

19.85 Billable

6/25/2014 1:21 PM


Date Attorney


Price

Page 16

Quantity Amount Total ID =E~xp~e~n=s~e-----------~

2/24/2014 Joy Markup% _________ _

0.565 14.000 7.91 ---B-i-lla-bl-e 176618 $Mileage

Mileage re; travel to court appearance; S. O'Dell; 14 miles @ .565 per mile

2/24/2014 Joy 177238 $Parking


6.00

2/28/2014 Joy 0.1 O 176563 $Photocopies

February, 2014 copy charges; 346 copies@ .10 per copy

1.000

346.000

3/5/2014 Joy 0.565 14.000 177047 $Mileage


3/5/2014 Joy 177239 $Parking


3.00

3/26/2014 Joy 19.85 176757 $Expenses


3/31/2014 Joy 0.10 176826 $Photocopies

March, 2014 copy charges; 346 copies@ .10 per copy

4/7/2014 Joy 3.00 177286 $Parking

Parking at courthouse, Santa Ana; S. O'Dell

4/8/2014 Joy 19.85 176865 $Expenses

Expense re One Legal ; Invoice 7979991 ; e-filing service fees

TOTAL Billable Costs

Total Fees: Client Hold applied

Total of Costs (Expense Charges)

Total new charges

New Balance Current

1.000

1.000

346.000

1.000

1.000

6.00

34.60

7.91

3.00

19.85

34.60

3.00

19.85

Amount

$76,785.31

Billable

Billable

Billable

Billable

Billable

Billable

Billable

Billable

$76,785.31

Total

$0.00

$76,785.31

$76,785.31

6/25/2014 1:21 PM


Total New Balance


Amount

Page 17

Total

$76,785.31

EXHIBIT4

Marlin/Saltzman, LLP Page 1 Miller v. Ikea Time Report

Date User TaskType Explanation Hours

Case Management 03122/2010 Stephen O'Dell Meeting Prepare for and attend meeting with Mr. Marlin 0.7

0312312010 Stephen O'Dell Communication Email exchanges 0.3

03/30/2010 Stephen O'Dell Communication Email from defense counsel 0.1 Email from co-counsel; investigate status of discovery responses and association of counsel;

03131/2010 Stephen O'Dell Communication prepare e-memo re the same 0.5 Receipt and review of Ikea, LLC's responses to Request for Production: evaluate sufficiency of responses and need for meet and confer: prepare table summarizing responses and

03/31/2010 Stephen O'Dell Written Discovery quoting reference to pertinent CCP sections 4.7 Begin reviewing documents produced by

03/31/2010 Stephen O'Dell Written Discovery defendants 1.2 Email exchange with co-counsel re discovery

03/31/2010 Stephen O'Dell Communication Issues 0.5 Receipt and review of Ikea West's responses to request for production; compare responses to

03/31/2010 Stephen O'Dell Written Discovery those provided by Ikea LLC 1

03/3112010 Stephen O'Dell Communication Further email exchange with co-counsel 0.2

04/01/2010 Stephen O'Dell Communication Email exchange with co-counsel 0.2 Continue to review and evaluate documents produced by defendants (through page 000287); extract pertinent pages: annotate applicable

04/01 /2010 Stephen O'Dell Document Review Wage Order to extracted pages 6.6 Continue review and analysis of documents

04/01/2010 Stephen O'Dell Document Review produced by defendants (pp. 288-587) 2.8

04/0212010 Stephen O'Dell Communication Email exchange with co-counsel 0.3 Email exchan e re

04/02/2010 Stephen O'Dell Communication 0.3

Continue review and extract pertinent pages from documents produced by defendants (pp. 288-587); evaluate and review and extract pertinent pages from documents produced (pp. 588-914); evaluate impact of investigative action;

0410212010 Stephen O'Dell Document Review prepare e-memo re lnvestigativ 6 Receipt and review and analysis of documents produced by defendants (pp. 588-914 and pp. 915-1299 end pp. 1300-1360); extract pertinent pages; begin assessing defendants' fulfillment of

04/02/2010 Stephen O'Dell Document Review discovery obligations 3 document production by defendants; prepare for and attend telephonic conference with co-counsel; prepare e-memo re conference; emails

04/05/2010 Stephen O'Dell Document Review to co-counsel 3.2

0410712010 Stephen O'Dell Communication Email exchange with co-counsel 0.3 Receipt and review of defendants' objections (two sets) to PMK depositions; prepare email to

04/07/2010 Stephen O'Dell Document Review co-counsel re the same 1.6

0410712010 Stephen O'Dell Pleadings Draft first amended complaint 2.5

04108/2010 Stephen O'Dell Communication Email exchange with co-counsel 0.4 Receipt and review of documents previously

0411212010 Stephen O'Dell Document Review produced to co-counsel (pp. 000001-00040) Miscellaneous

04112/2010 Stephen O'Dell Case Activity Update case status log 0.5

04/12/2010 Stephen O'Dell Communication Email to co-counsel 0.4


Miscellaneous Evaluate status of proposed amended complaint 04/20/2010 Stephen O'Dell Case Activity and outstanding discovery issues 0.8

04/20/2010 Stephen O'Dell Communication Prepare email to co-counsel 0.2

04/21/2010 Stephen O'Dell Communication Multiple email exchanges with co-counsel 0.4 Case Management Meet with L. Marlin re status and strategy for

04/23/2010 Stephen O'Dell Meeting further handling 0.3 Multiple email exchanges with co-counsel and

04/26/2010 Stephen O'Dell Communication defense counsel 0.5 Case Management

04/27/2010 Stephen O'Dell Meeting Prepare for and attend meeting 0.4

04/27/2010 Stephen O'Dell Communication Multiple email exchanges with co-counsel 0.5 Receipt and review of email exchange from co-

04/28/2010 Stephen O'Dell Communication counsel to/from defense counsel 0.1 Prepare for and attend meet and confer re (1) class list: (2) PMK depositions: (3) amending the complaint; and (4) Joint Status Conference

04/28/2010 Stephen O'Dell Communication Statement; prepare e-memo re the same 2.1 Re effect of potential conflict of interests between supervisory and non-supervisory personnel on the "adequacy" element of class

04/28/2010 Stephen O'Dell Research - Legal certification; prepare e-memo re the same 1.4

04/28/2010 Stephen O'Dell Research - Legal Re alternatives to Belaire-West procedure 2.5 Prepare email to defense counsel re alternative

04/2812010 Stephen O'Dell Communication to Belaire-West procedure 0.5 Evaluate issues pertaining solely to the current

Miscellaneous class representative and framing of the class 04/28/2010 Stephen O'Dell Case Activity definition: prepare e-memo re the same 0.3

Review file and prepare Initial draft of Joint 04/29/2010 Stephen O'Dell Pleadings Status Conference Statement 1.5

04/29/2010 Stephen O'Dell Pleadings Revise draft of First Amended Complaint 0.5 Receipt and review of email from defense

04/29/2010 Stephen O'Dell Communication counsel (with attachments) 0.1 Begin review and evaluation of documents

04/29/2010 Stephen O'Dell Document Review attached to defense counsel's email 0.5

04/30/2010 Stephen O'Dell Pleadings Revise Joint Status Conference Statement 0.3

04/30/2010 Stephen O'Dell Communication Email to defense cousnel and co-counsel 0.1 Continue review of documents attached to

04/30/2010 Stephen O'Dell Document Review defense counsel's 4/29 email 2.4

04/30/2010 Stephen O'Dell Communication Receipt and review of email from co-counsel 0.1 Make final revisions to proposed First Amended Complaint and email the same to defendants'

04/30/2010 Stephen O'Dell Pleadings counsel 0.5

05/03/2010 Stephen O'Dell Communication Email exchange with co-counsel re strategies 0.4 Receipt and review of email from defense

05/03/2010 Stephen O'Dell Communication counsel (with attachment) 0.2

05/03/2010 Stephen O'Dell Communication Email exchange with co-<:<>unsel 0.2

05/03/2010 Stephen O'Dell Communication Email to defense counsel 0.1

05/03/2010 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Receipt and review of conformed Joint Status Conference Statement: prepare email to defense

05/04/2010 Stephen O'Dell Communication counsel re the same 0.2

05/05/2010 Stephen O'Dell Communication Multiple email exchanges with defense counsel 0.3 Prepare stipulation and proposed order re first

05106/2010 Stephen O'Dell Pleadings amended complaint 0.6 Miscellaneous Pepare memo lo file re meet and confer with

05106/2010 Stephen O'Dell Case Activity defense counsel 0.3


Email exchange with defense counsel re 05/06/2010 Stephen O'Dell Communication stipulation and proposed order 0.2

Continue to review documents provided by 05/06/2010 Stephen O'Dell Document Review defense counsel 1

05/06/2010 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Prepare for and attend further meet and confer with defense counsel re amended complaint. pre-certification notice, outstanding discovery, and

05/06/2010 Stephen O'Dell Communication Status Conference 2

05/10/2010 Stephen O'Dell Communication Emall exchange with co-counsel 0.2 Mlscellaneous Make final revisions to Stipulation and Order and

05/10/2010 Stephen O'Dell Case Activity First Amended Complaint; prepare hearing folder 0.5 Miscellaneous Prepare for and attend Further Status

05/11/2010 Stephen O'Dell Case Activity Conference 4.2 Miscellaneous Prepare memorandum of appearance re Further

05/11/2010 Stephen O'Dell Case Activity Status Conference 0.5 Research. Re number of employees in California and prior

05/14/2010 Stephen O'Dell Factual wage and hour suits 1.2 Receipt and review of email from defense counsel (with attachment • detailed settlement offer to individual client); prepare ememo re

06/01/2010 Stephen O'Dell Document Review Initial Impression 0.8 Telephone conference with defense counsel re

06/01/2010 Stephen O'Dell Communication settlement offer; prepare e-memo re the same 0.5 Miscellaneous Review prior discovery provided by defendant re

06/01/2010 Stephen O'Dell Case Activity impact of settlement offer to our client 0.8

06/07/2010 Louis M. Marlin Document Review Assist with document review. 2 Telephone conference with defense counsel re

06/10/2010 Stephen O'Dell Communication various issues 0.3

06/10/2010 Stephen O'Dell Communication Email to co-counsel 0.2 Miscellaneous Review file re status; update status notes;

06/24/2010 Stephen O'Dell Case Activity multiple email exchanges with defense counsel 1.8 re first amended complaint, further responses to discovery, obtaining class list, and other issues. with defense counsel; prepare e-memo re the

0612412010 Stephen O'Dell Communication same 2 Prepare for and conduct further meet and confer re Further Status Conference Statement; revise

Miscellaneous Further Status Conference Statement: prepare 06/28/2010 Stephen O'Dell Case Activity email to defense counsel re the same

Draft Joint Status Conference Statement;

06128/2010 Stephen O'Dell Pleadings prepare email to defense counsel re the same 1.9 Prepare stipulation and proposed order, and first

0612812010 Stephen O'Dell Pleadings amended complaint, for filing 0.3 Complaint; revise stipulation and proposed order: prepare email to defense counsel re the same,

Miscellaneous as well as documenting other agreements of

06/28/2010 Stephen O'Dell Case Activity counsel 1.2 Receipt and review of emall from defense counsel (with attachments); respond to defense

06/28/2010 Stephen O'Dell Communication counsel's email 0.4 Miscellaneous

06/28/2010 Stephen O'Dell Case Activity Revise draft of proposed pre-certification notice 0.5 Receipt and review of confirmation of electronic

Miscellaneous filings, conformed Status Conference Statement: 0612912010 Stephen O'Dell Case Activity and conformed Stipulation and (Proposed) Order 0.2

Marlin/Saltzman, LLP Page4 Miller v. Ikea Time Report

Receipt and review of email from defense counsel; receipt of voice mail from defense counsel; telephone conference with defense

07/01/2010 Stephen O'Dell Communication counsel; email to defense counsel 0.5

Initial receipt, review, and evaluation of defendants' drafts of proposed stipulation and

Miscellaneous order re pre~ertificatJon opt-out procedure;

07/01 /2010 Stephen O'Dell Case Activity prepare e-memo re the same 0.5

Evaluate pre-certification notices from various matters and perform comparative analysis with defendants' proposed pre-certification notice; draft revised pre-certification notice; prepare e·

Miscellaneous memo re the same; make initial revisions to

07/02/2010 Stephen O'Dell Case Activity defendants' proposed 3 Case Management

07/06/2010 Louis M. Marlin Meeting 0.4 Case Management

07/06/2010 Stephen O'Dell MeetJng Status meeting with Mr. Marlin 0.2 Receipt and review of court-signed order re filing of First Amended Complaint; discussion with

07/06/2010 Stephen O'Dell Communication defense counsel re answer thereto 0.3 Miscellaneous Prepare for and attend Further Status

07/06/2010 Stephen O'Dell Case Activity Conference 3.9 case Management

07/12/2010 Stephen O'Dell Meeting 0.2 Case Management

07/20/2010 Stephen O'Dell Meeting 0.2 Miscellaneous Review tile re preparation for case management

07/26/2010 Stephen O'Dell case Activity meeting 0.3

Comprehensive review of discovery propounded by co-counsel; responses thereto; and adequacy of responses; review and revise defendants' proposed stipulation and order and proposed

07127/2010 Stephen O'Dell Written Discovery form of pre-certification notice 4.5 case Management

07/28/2010 Stephen O'Dell Meeting 0.3 Revise and redraft: (1 ) stipulation re pre-

Miscellaneous certification notice; (2) notice letter; and (3) opt-

07/28/2010 Stephen O'Dell Case Activity out postcard 3 and postcards re pre-certification notice

Miscellaneous procedure; prepare email to defense counsel re

07/29/2010 Stephen O'Dell Case Activity the same 0.7 Review tile re outstanding Issues and prepare

08103/2010 Stephen O'Dell Communication email to defense counsel

Telephone conference with defense counsel's

08/03/2010 Stephen O'Dell Communication assistant 0.1


08/05/2010 Louis M. Marfin Written Discovery Review and revise proposed discovery 2 Subseuqent email e><change with defense

08/05/2010 Stephen O'Dell Communication counsel. Lacunza, re meet and confer 0.2 Case Management

08105/2010 Stephen O'Dell Meeting 0.3

08/05/2010 Stephen O'Dell Communication Emall exchange with defense counsel, Lacunza 0.2

08111/2010 Stephen O'Dell Communication Multiple email exchanges with Mr. Lacunza 0.5

defense counsel re: ( 1) pre-cert notice procedure; (2) positions for Status Conference Statement; and (3) defendants' answer to first

08/12/2010 Stephen O'Dell Communication amended complaint 1.5


Miscellaneous Evaluate time line issues in light of

08/12/2010 Stephen O'Dell Case Activity postponement of meet and confer 0.3

08/12/2010 Stephen O'Dell Communication Multiple email exchanges with co-counsel 0.3 Prepare for and conduct further meet and confer regarding outstanding Issues re the class list

08/24/2010 Stephen O'Dell Communication procedure and discovery 2.6 Miscellaneous Prepare e-memo re meet and confer; update

08/24/2010 Stephen O'Dell Case Activity case status log 0.2 Case Management

08/25/2010 Stephen O'Dell Meeting 0.3 Prepare for and conduct further meet and confer re precertification issues: prepare e-memo re the

08/26/2010 Stephen O'Dell Communication same: prepare email confirming next session 1.5

08/30/2010 Stephen O'Dell Communication Email exchange with co-counsel 0.2

08/30/2010 Stephen O'Dell Communication Telephone conference with co-counsel 0.2 Miscellaneous

08/30/2010 Stephen O'Dell Case Activity Revise proposed precertification Notice 0.2 Multiple email exchanges with co-counsel and

08/30/2010 Stephen O'Dell Communication defense counsel 0.2 Prepare "discussion draft" of Joint Status

Miscellaneous Conference Statement; prepare email to

08/30/2010 Stephen O'Dell Case Activity opposing counsel re the same 2 Prepare for and participate in further meet and confer re discovery, precertification notice. and

Miscellaneous status conference: prepare email to co-counsel

08/30/2010 Stephen O'Dell Case Activity re the same; prepare memo to file re the same 1.4 Email exchange (including attachments) with

08/31/2010 Stephen O'Dell Communication defense counsel 0.5 Miscellaneous Finalize Joint Further Status Conference

08/31/2010 Stephen O'Dell Case Activity Statement and prepare for filing 0.2 Case Management

09/01/2010 Stephen O'Dell Meeting 0.4 Stipulation. Proposed Order, Notice. and

Miscellaneous postcard; prepare email to defense counsel re

09/07/2010 Stephen O'Dell Case Activity revisions 1.7 Prepare for and attend Further Status

Miscellaneous Conference: meet with defense counsel; prepare

09/07/2010 Stephen O'Dell Case Activity memo of appearance 3.5 Miscellaneous

09/20/2010 Stephen O'Dell Case Activity Review file re status: update status report 0.2 Case Management

10/07/2010 Stephen O'Dell Meeting 0.4

10/07/2010 Stephen O'Dell Communication Prepare email to defense counsel 0.2 Miscellaneous

11/08/2010 Stephen O'Dell Case Activity Review file re status 0.2

11/09/2010 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Subsequent email exchanges with defense and

11/09/2010 Stephen O'Dell Communication co-counsel 0.3 Multiple email exchanges with defense counsel

11/10/2010 Stephen O'Dell Communication and co-counsel 0.5 responses re analysis of currentness and need for additional discovery; review and evaluate

Miscellaneous prior PMK deposition notices re prioritizing

11/12/2010 Stephen O'Dell Case Activity deponents 3.5 for and attend meet and confer with defense

11/12/2010 Stephen O'Dell Communication counsel 1.5 prepare e-memo re meet and confer with

11/12/2010 Stephen O'Dell Communication defense counsel 0.5


Miscellaneous 11/15/2010 Stephen O'Dell Case Activity Review file re status 0.5

Prepare email to co-counsel re deposition 11/16/2010 Stephen O'Dell Communication scheduling 0.3

11/16/2010 Stephen O'Dell Communication Subsequent email exchange with co-counsel 0.2 11/16/2010 Stephen O'Dell Communication Prepare email to defense counsel 0.2

Receipt of email from defense counsel with attachments; review and evaluate defense counsel's proposed revisions to stipulation re pre-certification notice, notice to putative class members, and proposed order; revise

11/17/2010 Stephen O'Dell Written Discovery documents; email to defense counsel r 2 Multiple email exchanges with defense counsel, co-counsel, and defense counsel and co-counsel; finalize pre-certification procedure documents; assist in preparing and e-filing

Miscellaneous documents; extended telephone conference with 11/18/2010 Stephen O'Dell Case Activity defense counsel and co-counsel re 2.5

11/29/2010 Stephen O'Dell Communication Multiple email exchange with defense counsel 0.2 Prepare draft of proposed Joint Status

Miscellaneous Conference Statement and circulate (via email) 11/29/2010 Stephen O'Dell Case Activity to defense counsel and co-counsel 2

Miscellaneous Receipt of executed Joint Status Conference 11/29/2010 Stephen O'Dell Case Activity Statement; prepare the same for e-filing 0.2

11/30/2010 Stephen O'Dell Communication Email to defense counsel 0.2 deposition scheduling; prepare email re the

12/02/2010 Stephen O'Dell Communication same 0.3 12/03/2010 Stephen O'Dell Communication Email exchange with defense counsel 0.2

Miscellaneous Prepare for and attend Joint Status Conference; 12/07/2010 Stephen O'Dell Case Activity prepare memo of appearance re the same 3.5

Multiple email exchange; evaluate potential 12/09/2010 Stephen O'Dell Communication deposition schedule 0.5 12/17/2010 Stephen O'Dell Communication Telephone conference with co-counsel 0.4

Meet and confer with defense counsel re PMK deposition scheduling, etc.; prepare note to file

12/1712010 Stephen O'Dell Communication re the same 0.7 Multiple email exchanges with defense and co-

12/17/2010 Stephen O'Dell Communication counsel 0.4

12/17/2010 Stephen O'Dell Communication Email exchange with co-counsel 0.3 Subsequent multi-email exchange with defense

12/17/2010 Stephen O'Dell Communication and co-counsel 0.3 Telephone conference with Epiq re procedures

12/17/2010 Stephen O'Dell Communication for malling 0.2 Evaluate readiness for malling; email exchange

12/1712010 Stephen O'Dell Communication with mailing administrator 0.4 Review history of negotiations re PMK

Miscellaneous depositions, in preparation for meet and confer 12/17/2010 Stephen O'Dell Case Activity with defense counsel 0.8

Phone call to mailing administrator (left

12/1712010 Stephen O'Dell Communication message) 0.1 Receipt of email from co-counsel; email to

12/20/2010 Stephen O'Dell Communication defense counsel 0.3 Telephone call (with message) and email to

12/20/2010 Stephen O'Dell Communication mailing administrator 0.2 Case Management

12/21/2010 Stephen O'Dell Meeting 0.3 Telephone conference with Epiq re notice

12/21/2010 Stephen O'Dell Communication procedure 0.2


Prepare pre-cert notice materials for transmission to malling administrator; email to

12121/2010 Stephen O'Dell Communication mailing administrator 0.5 Evaluate status of transmission of class list;

12/22/2010 Stephen O'Dell Communication prepare email to defense counsel 0.4 Receipt of email communication from Epiq to

12/22/2010 Stephen O'Dell Communication defense counsel 0.1 Email exchange with mailing administrator

12/22/2010 Stephen O'Dell Communication (including review of attachments) 0.5 Email exchange with mailing administrator

12/22/2010 Stephen O'Dell Communication (including review of attachments) 0.5 Telephone conference with co-counsel re issues

12/22/2010 ~tephen O'Dell Communication raised in defense counsel's emails 0.3 Multiple subsequent email exchanges with defense counsel re provision of class llst and

12/22/2010 Stephen O'Dell Communication deposition scheduling

Multiple email exchanges with defense counsel: 12123/2010 Stephen O'Dell Communication telephone conference with clerk of the court 0.5

12/2312010 Stephen O'Dell Communication Email to defense counsel 0.1 Telephone call to defense counsel (left

12/23/2010 Stephen O'Dell Communication message) 0.1

01/0612011 Stephen O'Dell Communication Email to defense counsel 0.2 Receipt and review of email (with attachments) from mailing administrator. prepare email to

01/06/2011 Stephen O'Dell Communication mailing administrator 0.5

01/06/2011 Stephen O'Dell Communication Email exchange with mailing administrator 0.3 Telephone conference with defense counsel re

01/07/2011 Stephen O'Dell Communication proposed revisions to Epiq's notice 0.2 Miscellaneous Draft Joint Status Conference Statement;

01/07/2011 Stephen O'Dell Case Activity prepare email to defense counsel 1.8 Mlscellaneous Prepare e-memo re defendants' requested

01 /0712011 Stephen O'Dell Case Activity change to pre-certification notice 0.2 Multiple subsequent email exchanges with defense counsel and mailing administrator;

01/10/2011 Stephen O'Dell Communication telephone conference with defense counsel 0.7 attachments); telephone conference with defense counsel; prepare email to defense


01/10/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2

01/10/2011 Stephen O'Dell Communication Email exchange with malling administrator 0.5 Multiple email exchanges between counsel and

01/10/2011 Stephen O'Dell Communication malling administrator 0.3 Miscellaneous

01/11/2011 Stephen O'Dell Case Activity Prepare caller questionnaire outline 1.2

01/11 /2011 Stephen O'Dell Communication Prepare email to co-counsel 0.2 Case Management

01 /11/2011 Stephen O'Dell Meeting 0.4 Miscellaneous Review information re potential case vs. Our 365

01/11/201 1 Stephen O'Dell Case Activity New Born Photography 0.3 Multiple email exchanges with co-counsel re

01/12/2011 Stephen O'Dell Communication deposition scheduling and caller outline 0.5 Multiple subsequent email exchanges with co·

01 /12/2011 Stephen O'Dell Communication counsel 0.4

01 /12/2011 Stephen O'Dell Communication Email exchange with mailing administrator 0.2

01/13/2011 Stephen O'Dell Communication Email to co-counsel 0.2 Telephone conference with defense counsel re deposition scheduling and re provision of payroll

01/13/2011 Stephen O'Dell Communication data sets 0.4


01/14/2011 Jeannine Hawkes Class member Interview and write up. 2.2

01 /1 4/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2

01 /17/2011 Stephen O'Dell Communication Multiple email exchanges with co-counsel 0.5 Begin revising stipulation re pre-certification

Miscellaneous procedure; draft proposed order; begin revising 01 /17/2011 Stephen O'Dell Case Activity notice 2.1

Analysis of research re: advanced vacation time; 01 /18/2011 Louis M. Marlin Research • Legal further research re: same. 4

Evaluate proper handling of contact from Class Member putative class member who wants to opt-out of

01/18/2011 Stephen O'Dell Contact providing contact information 0.3 Begin preparating for PMK deposition of Begg (reviewing documents: legal research; analysis

01/18/2011 Stephen O'Dell Depositions of representative plaintiff's case) 6 Telephone conference with co-counsel (two

01/18/2011 Stephen O'Dell Communication calls) 0.5 Miscellaneous Prepare notes to file re document review and

01/18/2011 Stephen O'Dell Case Activity DLSE research 0.5

01/19/2011 Stephen O'Dell Communication Multiple email exchanges with co-counsel 0.5 Prepare for and attend Further Status Conference: post-hearing discussions (separate) with defense counsel and co-counsel; prepare

Miscellaneous memorandum of appearance and note to file re 01/1912011 Stephen O'Dell Case Activity discussions with counsel 5

Review notes re interviews with putative class Miscellaneous members who have called in response to Belaire-

01/19/2011 Stephen O'Dell Case Activity West notice Continue document review re preparation for

01/19/2011 Stephen O'Dell Depositions deposition of Mary Lou Begg 4 Receipt and review of email from mailing

01 /19/2011 Stephen O'Dell Communication administrator (with attachment) 0.2

01/20/2011 Stephen O'Dell Communication Telephone conference with defense counsel 0.2

01/20/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2 re payback of negative vacation, flex time, and personal time, when termination occurs; and re rounding of time entries: also, factual research re Kronos (including views and comments from

01/20/2011 Stephen O'Dell Research • Legal legal community) 4.8 continue evaluating documents to use at

01/20/2011 Stephen O'Dell Depositions deposition 6.5 Continue analysis of rounding issue: continue

Miscellaneous evaluating interviews with putative class 01121/2011 Stephen O'Dell Case Activity members: continue preparing for PMK deposition 2 .5

Attend deposoition of defendants' Human 01/21/2011 Stephen O'Dell Depositions Resource PMK (Mary Lou Begg). first session 5.3

counsel re use at second session of deposition 01/24/2011 Stephen O'Dell Depositions of Ms. Begg 3.5

Miscellaneous Review notes from first session of deposition of 01 /24/201 1 Stephen O'Dell Case Activity Mary Lou Begg; prepare e-memo re the same 3.5

01/24/2011 Stephen O'Dell Communication Telephone conference with defense counsel 0.2 Multiple email exchanges with defense counsel

01/24/2011 Stephen O'Dell Communication (with attachments) 0.3 Evaluate documents re prior suit, from defense

Miscellaneous counsel: research Alameda County docket re the 01/24/2011 Stephen O'Dell Case Activity same: prepare e-memo re the same 2

01/24/2011 Stephen O'Dell Communication Email exchange with co-counsel 0.2 Research and review information obtained to

Research - date regarding "rounding" of time entries and 01/2512011 Louis M. Marlin Factual programs which permit the same 4

Marlin/Saltzman, LLP Miller v. Ikea Time Report

Page 9

Prepare for and attend second session of 01/25/2011 Stephen O'Dell Depositions deposition of Mary Lou Begg 4.5

Receipt and review of email (with attachment) 01/25/2011 Stephen O'Dell Communication from malling administrator 0.2

Miscellaneous Begin evaluation of documents to request for 01 /25/2011 Stephen O'Dell Case Activity third session of Begg's deposition 2.2

Conference with defense counsel re scheduling 01/25/2011 Stephen O'Dell Communication third session of Ms. Begg's deposition 0.2

Review and evaluate client's personnel file in 01/26/2011 Stephen O'Dell Depositions preparation for pre-deposition conference 1.8 01/26/2011 Stephen O'Dell Communication Email exchange with co-counsel 0.2

Receipt of voice mall message from putative 01 /26/2011 Stephen O'Dell Communication class member (Elise Amelia) 0.1

Meet with co-counsel; prepare for and meet with 01/27/2011 Stephen O'Dell Depositions client re pre-deposition preparation 4

01/27/2011 Stephen O'Dell Communication Email exchange with co-counsel 0.3 Prepare for and attend first session of client's

01/31/2011 Stephen O'Dell Depositions deposition 6.5 Receipt of email from mailing administrator (with

02/01/2011 Stephen O'Dell Communication attachment) 0.2 Class Member

02107/2011 Stephen O'Dell Contact Review interview report re G. Fermin 0.5 perform additional calculations; determine

Miscellaneous impact of pay period closing on rounding 02/07/2011 Stephen O'Dell Case Activity calculations 2

Miscellaneous Confer with paralegals re information from 02/08/2011 Stephen O'Dell Case Activity callers 0 .5

Receipt and brief review of deposition transcripts Miscellaneous from first and second sessions of PMK

02/09/2011 Stephen O'Dell Case Activity deposition of Mary Lou Begg 2.2 Telephone conference with defense counsel re handling of confidential information in Alicia's

02/11/2011 Stephen O'Dell Communication deposition transcript 0.2

02/14/2011 Stephen O'Dell Communication Email exchange with mailing administrator 0.5 Receipt of client's original deposition transcript;

02115/2011 Stephen O'Dell Depositions prepare email to co-counsel 0.5 Email exchange with mailing administrator

02/15/2011 Stephen O'Dell Communication (including review of attachment) 0.2 re recent cases (UPS v. S. Ct. and Marlo v.

02/1712011 Stephen O'Dell Research - Legal UPS) bearing on meal and rest break premiums Miscellaneous Evaluate allegations of operative complaint re

02/17/2011 Stephen O'Dell Case Activity inclusion/exclusion of rest break claims 0.5 Email to co-counsel; prepare note to file re

02117/2011 Stephen O'Dell Communication research and analysis 0 .4 administrator (including receipt and review of

02/17/2011 Stephen O'Dell Communication attachment) 0.6 Begin drafting of letter to putative class members

02/1712011 Stephen O'Dell Communication (including Spanish translation) 1.5 Receipt and reivew of email (with attachment)

02/22/2011 Stephen O'Dell Communication from mailing administrator 0.1 Miscellaneous Review file re status and prepare for case

02/23/2011 Stephen O'Dell Case Activity management meeting 0.5 Miscellaneous Review Stephen's Class Certification readiness

02/24/2011 Case Activity analysis; discuss case 0.2 Miscellaneous

02/24/2011 Stephen O'Dell Case Activity Prepare certification readiness analysis 2 02/24/2011 Stephen O'Dell Communication Email exchange with co-counsel 0.2

Prepare for and attend conference with co-02/24/2011 Stephen O'Dell Communication counsel; prepare e-memo to file re the same


Case Management 02/24/2011 Stephen O'Dell Meeting 0.3

Re: case from co-counsel re analysis of 02/24/2011 Stephen O'Dell Research - Legal predominance issues 1

02/24/2011 Stephen O'Dell Communication Email to co-counsel 0.3 Miscellaneous Begin assessing interview memos of putative

02/24/2011 Stephen O'Dell Case Activity class members who have called in already 2 Class Member Revise letter to putative class members; prepare

03/01/2011 Stephen O'Dell Contact for transmission to translator 0.3 deposition testimony; prepare email to defense


03/01/2011 Stephen O'Dell Communication Telephone conference with defense counsel 0.2 Email exchange with mailing administrator (with

03/01/2011 Stephen O'Dell Communication attachment) 0.2 Review and verify Spanish translation of draft of letter to putative class members; prepare email

03/03/2011 Stephen O'Dell Communication to Epiq 0.5

03/09/2011 Stephen O'Dell Communication Emal! exchange with co-counsel 0.2 Email exchange with co-counsel re deposition

03/1012011 Stephen O'Dell Communication transcript 0.2

03/10/2011 Stephen O'Dell Communication m'er to client re

0.3 Prepare for and attend telephonic conference with defense counsel; prepare note to file re

03/10/2011 Stephen O'Dell Communication conference; email to co-counsel 0.5

03/10/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Email to malling administrator re status on

03/10/2011 Stephen O'Dell Communication second letter 0.1

03/10/2011 Stephen O'Dell Communication Telephone conference with co-counsel 0.2

03/15/2011 Stephen O'Dell Communication Email to mailing administrator 0.2 Multiple email exchange with mailing administrator; evaluate timing on private letter to class members; email exchange with defense counsel; evaluate schedule for next session of

03/15/2011 Stephen O'Dell Communication client's deposition 0.8

03/15/2011 Stephen O'Dell Communication Emall to client 0.2

03/17/2011 Stephen O'Dell Communication Email exchange with mailing administrator 0.2

03/17/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Receipt and review of email from mailing

03/22/2011 Stephen O'Dell Communication administrator 0.1

03/22/2011 Stephen O'Dell Communication Email to client 0.2 Receipt and review of voice mail message from defense counsel; email to defense counsel;

03/23/2011 Stephen O'Dell Communication email to co-counsel 0.5 putative class members; prepare responding email to putative class member; evaluate summaries of new interviews with putative class

03/24/2011 Stephen O'Dell Communication members 0 .5 Miscellaneous

03/2512011 Louis M. Marlin Case Activity Review file re status 2

03/25/2011 Stephen O'Dell Communication Email to co-counsel 0.1 Email exchange with mother of putative class

03/25/2011 Stephen O'Dell Communication member, Kyle Simpson 0 .2 Email exchange with purported putative class

03/25/2011 Stephen O'Dell Communication member. Campanelli 0.2

03/25/2011 Stephen O'Dell Communication Subsequent email exchange with co-counsel 0.2 Receipt of email from co-counsel; prepare email

03/25/2011 Stephen O'Dell Communication to defense counsel 0.3


03/29/2011 Stephen O'Dell Communication Email exchange with mailing administrator 0.2 Telephone call to Mr. Gavela; left detailed voice

03/29/2011 Stephen O'Dell Communication mail message 0.2

Receipt and review of emails and voice mail messages from putative class members; evaluate information from putative class members re possible additional class representative(s); prepare email to co-counsel re

03/29/2011 Stephen O'Dell Communication additional class representative; receipt of v 5.8 Telephone conference with Ms. Miller; prepare

03/30/2011 Stephen O'Dell Communication email to Ms. Miller 0.4 Telephone conference with Mr. Gavela; prepare

03/30/2011 Stephen O'Dell Communication email to Mr. Gavela 0.3 Class Member

03/30/2011 Stephen O'Dell Contact Email exchange with Mr. Fu 0.2 Miscellaneous

03/30/2011 Stephen O'Dell Case Activity Update certification analysis 0 .5

03/31/2011 Stephen O'Dell Communication Telephone conference with defense counsel 0.4 counsel; prepare email to co-counsel re the

03/31/2011 Stephen O'Dell Communication same 0.2 Class Member Multiple email exchanges with potential class

03/31/201 1 Stephen O'Dell Contact member, Finley Wise 0.2 Receipt and review of client's original deposition transcript and errata sheet; prepare email to

03/31/2011 Stephen O'Dell Depositions defense counsel re the same 0.4 Miscellaneous Review and evaluate most recent interviews with

03/31/2011 Stephen O'Dell Case Activity putative class members 0.5 Miscellaneous

03/31/2011 Stephen O'Dell Case Activity Prepare for meeting with Mr. Gavela 0.5

03/31/2011 Stephen O'Dell Communication Email exchange with Richard Gavela 0 .2 Class Member Email exchange with potential class member,

03131/2011 Stephen O'Dell Contact David Tomlinson 0.2 Receipt and review of voice mail message from

Class Member putative class member, Dorneil Armstrong; 04/01/2011 Stephen O'Dell Contact prepare note re the same 0.2

Miscellaneous Review notes from most recent interviews of 04/01/2011 Stephen O'Dell Case Activity putative class members 0.5

Multiple email exchanges with putative class 04/05/2011 Stephen O'Dell Communication member. Gavela 0 .3

Miscellaneous Review and evaluate Interview summaries of 04/06/2011 Stephen O'Dell Case Activity Tomlinson, Ruellas, and Omega 0.6

Miscellaneous Review and evaluate summaries of interviews 04/08/2011 Stephen O'Dell Case Activity with Davis, Bridgewater, Fromosa, and Ledesma 1.1

Miscellaneous Prepare for meeting with Mr. Gavela (did not 0410812011 Stephen O'Dell Case Activity show) 0.4

Miscellaneous Review and evaluate summary of interview with 04108/2011 Stephen O'Dell Case Activity Jiminez 0.2

Review and evaluate Interview summaries re Miscellaneous Anderson, Vasquez. Perez. Armstrong, Pierre.

04/0812011 Stephen O'Dell Case Activity and Perkins

Miscellaneous with Reynolds, Butteling. Torres. Kabacinsky. 04108/2011 Stephen O'Dell Case Activity and Leon 0.9

Class Member Email exchange with putative class member, 04/1112011 Stephen O'Dell Contact Escamilla 0.2

0411112011 Stephen O'Dell Communication Multiple email exchanges with defense counsel 0.2 Prepare for second session of client's deposition

0411212011 Stephen O'Dell Depositions (did not go forward) 1.2


Multiple email exchanges with defense counsel 04/12/2011 Stephen O'Dell Communication (re continuation of Ms. Miller's deposition) 0.3

notes re discussions with defense counsel; prepare updated Joint Status Conference Statement; prepare email to defense counsel re

0411212011 Stephen O'Dell Pleadings the same Miscellaneous Review interview summaries of Rye, Wise, and

0411 312011 Stephen O'Dell Case Activity Mora 0.6 Class Member Receipt and review of email from putative class

04113/2011 Stephen O'Dell Contact member, Neshat; prepare email response 0.2 Receipt and review of email from mailing

04/13/2011 Stephen O'Dell Communication administrator (with attachment) 0.2 Email exchange with putative class member

04/14/2011 Stephen O'Dell Communication Nashat 0.2 re federal cases addressing the issue of

04/15/2011 Stephen O'Dell Research - Legal rounding time 2 Miscellaneous Reveiw and evaluate interviews with putative

04/15/2011 Stephen O'Dell Case Activity class members Cofmoraro and Escamilla 0.3 Class Member Email exchange with putative class member

04/15/2011 Stephen O'Dell Contact Koskerian 0.2 Review and evaluate summaries of putative

Miscellaneous class member interviews of Watts. O'Neil. 04/15/2011 Stephen O'Dell Case Activity Harbor, Evans, and Benjamin 0.9

Miscellaneous Prepare for in-person interview with putative 04/19/2011 Stephen O'Dell Case Activity class member (did not show) 0.5

Class Member Email exchange with putative class member 04/19/2011 Stephen O'Dell Contact (Garin) 0.2

Class Member Subsequent email exchange with Garen 04/19/2011 Stephen O'Dell Contact Koskarien 0.2

Prepare for and attend status conference and Miscellaneous subsequent meeting with defense counsel;

04/20/2011 Stephen O'Dell Case Activity prepare memo of appearance re the same 4.5 Evaluate potential challenges in filing certification motion before mediating; prepare email to co-

04/20/2011 Stephen O'Dell Communication counsel re the same 0.3 Miscellaneous Evaluate witness interview with putatuive class

05/02/2011 Stephen O'Dell Case Activity member, Simko 0.2 Status review with emphasis on status of

Miscellaneous precertification discovery and Information 05/04/2011 Louis M. Marfin Case Activity promised by defense 2



05/05/2011 Stephen O'Dell Communication Subsequent email to defense counsel 0.1 Review and evaluate witness itnerview with R.

Miscellaneous Ramos; assess as possible additional 05/05/2011 Stephen O'Dell Case Activity representative 0.2

Miscellaneous Meet with paralegal re topics and issues to be 05/06/2011 Stephen O'Dell Case Activity emphasized In summaries of key depositions 0.4

05/09/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Email exchange with malling administrator

05/10/2011 Stephen O'Dell Communication (including review of attachment) 0.2

05/11/2011 Stephen O'Dell Communication Email to defense counsel 0.1 Multi-email exchange with potential new class

0511112011 Stephen O'Dell Communication representative, R. Gavela 0.3 Evaluate status of client's deposition; prepare

05/12/2011 Stephen O'Dell Communication email to defense counsel 0.2 Telephone conference with defense counsel re

05/12/2011 Stephen O'Dell Communication rescheduling client's deposition 0.3

0511212011 Stephen O'Dell Communication Email exchange with defense counsel 0.2


re new (Flores) case addressing certification of 05/12/2011 Stephen O'Dell Research - Legal meal and rest break issues

05/12/2011 Stephen O'Dell Communication Email exchange with client 0.2

05/12/2011 Stephen O'Dell Communication Telephone conference with client 0.4 Prepare for and meet with witness, Richard

05/18/2011 Stephen O'Dell Witness Interviews Gavels 1.8 Evaluate status of deposition discovery: prepare

05/18/2011 Stephen O'Dell Communication email to defense counsel 0.2


05/19/2011 Stephen O'Dell Communication Multiple email exchange with defense counsel 0.2 Receipt and review of email from putative class

05/23/2011 Stephen O'Dell Communication member, Jay Mota 0.2

05/23/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Mlscellaneous Evaluate summary of witness interview of

06/01/2011 Stephen O'Dell Case Activity putative class member, D. Jordan 0.2

06/02/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Evaluate status of interviews for potential new class representative: prepare email to co-

06/02/2011 Stephen O'Dell Communication counsel re the same 0.5 Subsequent email exchange with defense

06/02/2011 Stephen O'Dell Communication counsel 0.2 Review first volume of client's deposition re

06/03/2011 Stephen O'Dell Depositions preparation for second session 2 Miscellaneous

06/03/2011 Stephen O'Dell Case Activity Evaluate witness interview with Jose Arroyo 0.2 Prepare for and attend second session of client's deposition (including post-deposition conference

06/06/2011 Stephen O'Dell Depositions with defense counsel) 8.9 Statement: email to defense counsel re the

06106/2011 Stephen O'Dell Pleadings same 0.5 Multiple email exchanges with defense counsel; telephone conference with defense counsel; revise Joint Status Conference Statement and

06/07/2011 Stephen O'Dell Pleadings prepare the same for e-filing 0.8

06/07/2011 Stephen O'Dell Communication Email to defense counsel 0.1 re Pennsylvania case (over 200 pages long) addressing similar meal and rest break and off-

06/13/2011 Stephen O'Dell Research - Legal the-clock issues (Braun v. Wal-Mart) 3 Miscellaneous

06/14/2011 Stephen O'Dell Case Activity Prepare for and attend Status Conference 3.4 Miscellaneous Prepare memorandum of appearance and email

06/14/2011 Stephen O'Dell Case Activity to co-counsel re the same 0.3 Receipt of email from putative class member.

06/22/2011 Stephen O'Dell Communication GreyEagle: review interview notes re the same 0.2 Email exchange with putative class member,

06/22/2011 Stephen O'Dell Communication Severing 0.2 Meet with legal assistant re preparation of

Miscellaneous spreadsheet to analyze strength and 07/08/2011 Stephen O'Dell Case Activity predominance of claims 0.4

Assess status of payroll information and other pre-certification discovery; prepare email to

07/1112011 Stephen O'Dell Communication defense counsel re the same 0.4 setting of Payroll PMK depositions , selction of

Miscellaneous mediator. and readiness for fil ing certification 07/21/2011 Stephen O'Dell Case Activity motion 0.5

Review prior communications with defense counsel re discovery and mediation Issues;

07/21/2011 Stephen O'Dell Communication prepare email to defense counsel 0.2


Begin reviewing notes and theories re assessing strength of evidence for certification elements:

Motions - Class prepare email to defense counsel re overdue 07/27/2011 Stephen O'Dell Certification data and PMK deposition 3 07/28/2011 Stephen O'Dell Communication Email to Mr. Hart 0.1 07/28/2011 Stephen O'Dell Communication Multiple email exchanges with Mr. Hart 0.7

Telephone conference with defense counsel's 07/28/2011 Stephen O'Dell Communication office (defense counsel unavailable) 0.1

07/28/2011 Stephen O'Dell Communication Extended telephone conference with Mr. Hart 0.4 re "injury" and "knowing and intentional" aspects

07/28/2011 Stephen O'Dell Research - Legal of226claim 3.3

07/29/2011 Stephen O'Dell Communication Email to defense counsel 0.1 Telephone call to defense counsel (left message): email exchange with defense counsel

08/01/2011 Stephen O'Dell Communication re discovery and scheduling 0.7 Prepare stipulation and proposed order re certification fil ing deadline; prepare email to

08102/2011 Stephen O'Dell Pleadings defense counsel re the same Telephone call to defense cousnel; email to

08/03/2011 Stephen O'Dell Communication defense counsel 0.2 Email exchange with defense counsel (with attachment): email from Mr. Hart and

08/03/2011 Stephen O'Dell Communication subsequent email exchange with Mr. Hart 0.5 Case Management Prepare for and attend case management

08/09/2011 Stephen O'Dell Meeting meeting (with team) 1.8 08/12/2011 Stephen O'Dell Communication Email to Mr. Lacunza 0.1

Miscellaneous intentionality of time shaving via rounding 08/15/2011 Stephen O'Dell Case Activity function 1.2

re "de mlnlmis" time worked re time shaving 08/17/2011 Stephen O'Dell Research • Legal allegations 2 08125/2011 Stephen O'Dell Communication Review status; email to Mr. Lacunza 0.3

Miscellaneous Receipt and review of defendants' settlement 08/31/2011 Stephen O'Dell Case Activity offer to client


09/02/2011 Stephen O'Dell Communication Telephone call to defense counsel 0.1

09/02/2011 Stephen O'Dell Communication Telephone call to client 0.1 Telephone conference with client; prepare note

09/07/2011 Stephen O'Dell Communication to file and email to Mr. Hart re the same 0.4 Telephone conference with defense counsel;

09/07/2011 Stephen O'Dell Communication prepare subsequent email to defense counsel 0.5 Miscellaneous

09/07/2011 Stephen O'Dell Case Activity Prepare note to file re meal break claim 0.2 Multiple emall exchanges re scheduling, with

09/12/2011 Stephen O'Dell Communication defense counsel 0.3

09/13/2011 Stephen O'Dell Communication Multiple email exchanges re scheduling matters 0.2

09/15/2011 Stephen O'Dell Communication Further meet and confer re payroll data sets 0.5

09/21/2011 Stephen O'Dell Communication Email to defense counsel 0.1 Prepare for and attend meet and confer re payroll data and Payroll PMK deposition: prepare note to file re the same; prepare email to Mr.

09/2112011 Stephen O'Dell Communication Hart re the same Prepare for and conduct telephone conference

09/27/2011 Stephen O'Dell Communication with defense counsel re payroll data issues 0.4 Email exchange with defense counsel (re

10/03/2011 Stephen O'Dell Communication scheduling) 0.2

10/0512011 Stephen O'Dell Communication Email to defense counsel 0.1


Review file and prepare draft of Joint Status Conference Statement: prepare email to defense

10/12/2011 Stephen O'Dell Pleadings counsel re the same 1.3 Telephone conference with defense counsel re

10/12/2011 Stephen O'Dell Communication Joint Status Conference Statement 0.4

10/12/2011 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Receipt and review of email from defense

10/12/2011 Stephen O'Dell Communication counsel 0.1 Receipt and review of defendants' revisions to Joint Status Conference Statement; prepare

10112/2011 Stephen O'Dell Pleadings document for flllng 0.4 Miscellaneous

10/1912011 Stephen O'Dell Case Activity Prepare memorandum of appearance 0.3 Miscellaneous Prepare for and attend Further Status

10/1912011 Stephen O'Dell Case Activity Conference 3.5 Evaluate defendants' position regarding scheduling of mediation; discuss issue with team members; prepare email to defense counsel re

10/20/2011 Stephen O'Dell Communication the same 0.6 Review file re status; prepare email to defense

11/04/2011 Stephen O'Dell Communication counsel re discovery Issue 0.3 Case Management

11/0812011 Meeting Discuss during attorney meeting 0.1

11/10/2011 Stephen O'Dell Communication Receipt and review of email from Mr. Hart 0.1

12/0612011 Stephen O'Dell Communication Email to defense counsel 0.1 In-person conference with defense counsel (at

12/07/2011 Stephen O'Dell Communication courthouse); email lo defense counsel 0.4 production and potential avenues of resolution; draft updated Joint Status Conference Statement; email to defense counsel re the

12/07/2011 Stephen O'Dell Pleadings same 1.5 Revise "joint" statement to reflect single-party

12/07/2011 Stephen O'Dell Pleadings submission 0.3 Miscellaneous Prepare for and conduct meet and confer with

12/08/2011 Stephen O'Dell Case Activity defense counsel; prepare note to file re the same 2 Receipt and review of email from defense

12108/2011 Stephen O'Dell Communication counsel 0.1 Receipt of email from defense counsel;

12/09/2011 Stephen O'Dell Communication telephone call to defense counsel 0.2 Telephone conference with defense counsel;

12/09/2011 Stephen O'Dell Communication prepare note to file re the same 0.3 Miscellaneous Conference; prepare memorandum of

12/14/2011 Stephen O'Dell Case Activity appearance re the same 4.2 Review case re status of discovery, certification readiness, and mediation potential; extended telephone conference with Ms. Miller; note to file

12/20/2011 Stephen O'Dell Communication re the same 2.7 Case Management

01/03/2012 Meeting Discuss at attorney meeting 0 .1 Case Management

01/0312012 Stephen O'Dell Meeting Review status and develop further handing plan Email from Mr. Hart; review file re status:

01/1812012 Stephen O'Dell Communication prepare responding email 0.5 Review and evaluate recent case (Bridgeford v. Pacific) addressing use and extent of collateral

01 /19/2012 Stephen O'Dell Research • Legal estopopel in subsequently filed class actions 1.6 Re-evaluate the Martinez v Combs case re potential impact on pending Brinker case;

01/19/2012 Stephen O'Dell Research - Legal prepare note to file re the same 1.8

MarllnfSaltzman, LLP Page 16 Miller v. Ikea Time Report

Evaluate status: prepare email to defense 01/23/2012 Stephen O'Dell Communication counsel 0.3

01 /25/2012 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Review file re facts; assess potential remedies for discovery violations: prepare initial draft of

01/25/2012 Stephen O'Dell Pleadings Joint Status Conference Statement

01/25/2012 Stephen O'Dell Communication Multiple email exchanges with defense counsel 0.3 Prepare for and conduct meet and confer re Joint Status Conference Statement (significant

01/25/2012 Stephen O'Dell Communication discovery issues) 1.7 Evaluate filing status of joint statement: prepare

01126/2012 Stephen O'Dell Communication email to defense counsel 0.2 Telephone conference with defense counsel and

01/26/2012 Stephen O'Dell Communication multiple additional email exchanges 0.4 Review defendants' revisions to joint statement;

01126/2012 Stephen O'Dell Pleadings finalize and prepare for filing 0.4

Evaluate arguments made by plaintiff in the Silva v. See's Candy pending appeal re enhancement and use in our case re lime-shaving/rounding

Miscellaneous issue (esp. the time interval for auditing the 01/31/2012 Stephen O'Dell Case Activity effects of the rounding) 3

Miscellaneous 02/0112012 Samantha Smith Case Activity 0.5

Miscellaneous 02/01/2012 Samantha Smith Case Activity 0.5

review status conference statement from 2/1 hearing: analyzed declaration of James Highfill provided by defendants In support of SCS;

Miscellaneous drafted depo notice and production request for 02101 /2012 Samantha Smith Case Activity James Highfill; email to SPO and JMM - 3

Research -02/01/2012 Samantha Smith Factual 2

Extended telephone conference with Mr. 02/01/2012 Stephen O'Dell Communication Lacunza 0.4

02/01/2012 Stephen O'Dell Communication Email to defense counsel 0.1 Review and revise notice of deposition and

02/01/2012 Stephen O'Dell Depositions duces tecum re deposition of Highfill 0.5 Case Management Meet with Mr. Marlin and Ms. Smith re further

02101/2012 Stephen O'Dell Meeting handling strategies 0.5 Research -

02/01/2012 Stephen O'Dell Factual re Kronos and Global View organizations 0.8 Miscellaneous Case status meeting with Mr. Marlin and Mr.

02102/2012 Case Activity O'Dell 0.4 Case Management

02/02/2012 Stephen O'Dell Meeting meeting with Mr. Marlin and Ms. Smith 0.3 Telephone call to defense counsel; email to

02/0212012 Stephen O'Dell Communication defense counsel 0.2 mtg w/SPO re his conversation w/def counsel re

Miscellaneous depo notice of james highfill and status of payroll 02/03/2012 Case Activity data production 0.5

Motions - Create time line of events w/regards to discovery 02/0312012 Discovery and request for production of the payroll data 4

Miscellaneous Prepare note to file re conversation with defense

02/0312012 Stephen O'Dell Case Activity counsel 0.2

0210312012 Stephen O'Dell Communication Email from defense counsel 0.1


Extended telephone conversation with defense counsel re deposition scheduling and production

02/03/2012 Stephen O'Dell Communication of payroll data 0.5 Review status of production or payroll data and

02/06/2012 Stephen O'Dell Communication prepare email to defense counsel re the same 0.2 Review status of production of payroll data; meet

Miscellaneous with Ms. Smith re the same and strategy and 02/06/2012 Stephen O'Dell Case Activity scheduling issues 0.8

Telephone conference (2d of day) with defense 02/07/2012 Stephen O'Dell Communication counsel re payroll data 0.2

Multiple multi-email exchanges with defense 02/07/2012 Stephen O'Dell Communication counsel 0.5

Receipt and review of initial installment of payroll 02/07/2012 Stephen O'Dell Document Review data from defendants 2.3

Extended telephone conference with defense counsel re contents of payroll data and re further supplementation of the same; prepare memo re

02/07/2012 Stephen O'Dell Communication the same 1.1 Extended telephone conference with defense counsel re production of payroll data; prepare

02/07/2012 Stephen O'Dell Communication note to file re the same 0.6 Email exchange with SPO and def counsel re def

02/08/2012 Communication counsel's outstanding document production 0.5 Prepare for and attend Status Conference

Miscellaneous (including pre-hearing meet and confer and post-02/08/2012 Stephen O'Dell Case Activity hearing conference with defense counsel) 4.7

Miscellaneous Prepare memorandum of appearance; prepare 02/08/2012 Stephen O'Dell Case Activity email to co-counsel re the same 0.7

Case Management review of email re status conference hearing;

02/09/2012 Meeting mtg w/SPO re same 0.1 Case Management

02/13/2012 Stephen O'Dell Meeting 0.6 Telephone call to defense counsel (left voice mail message); email to defense counsel re rate

02/14/2012 Stephen O'Dell Communication of data production 0.2 Begin preparing rough outline for deposition of

02/14/2012 Stephen O'Dell Depositions Highfill 2 review email from SPO to def counsel re

02/16/2012 Samantha Sm ith Communication document production 0.1 Miscellaneous meeting w/SPO re outstanding document

02/17/2012 Samantha Smith Case Activity production, litigation strategy 0.5 Miscellaneous Begin drafting ex parte application re deposition

02/17/2012 Samantha Smith Case Activity of James Highfill 0.7 Miscellaneous meeting w/SPO re meet and confer w/defense

02/17/2012 Samantha Smith Case Activity counsel over outstanding document production Telephone call to Mr. Lacunza (left detailed voice

02/17/2012 Stephen O'Dell Communication mail message) 0.1

02/17/2012 Stephen O'Dell Communication Telephone conference with Judge Andler's clerk 0.2 Subsequent extended telephone conversation

02/1712012 Stephen O'Dell Communication with Mr. Lacunza 0.4

Extended telephone conference with defense counsel and conference call with Mr. Highfill; telephone conference with court's clerk; prepare

02/17/2012 Stephen O'Dell Communication note to file re the same 2.8

(1) Telephone call to defense counsel· spoke with his assistant, Deborah West, and gave ex parte notice; and (2) extended converstation with

02/17/2012 Stephen O'Dell Communication Mr. Lacunza 0.5


Multiple meetings with Mr. Marlin and Ms. Smith Case Management re defendants' lack of data production and further

02/1712012 Stephen O'Dell Meeting handling 2.3 Prepare draft of Joint Statement of Issues for Telephonic Conference With Court; prepare

02/17/2012 Stephen O'Dell Pleadings email to defense counsel re the same 1.1 Miscellaneous At Mr. Marlin's direction, began collecting

0212112012 Case Activity information for motion to compel 2 Begin work on analysis and research for motion

Motions- for sanctions against defendant for failure to

02/21/2012 Louis M. Marlin Discovery comply with court order 4.4

Multiple email exchanges with defense counsel; telephone conference with defense counsel ; prepare and fax-file final version of Joint

02/21/2012 Stephen O'Dell Communication Statement of Issues 1.4 with the court re issues concerning data

Miscellaneous production and scheduling of deposition and 02/21/2012 Stephen O'Dell Case Activity status conference 0.8

Telephone conference with defense counsel re

02/21/2012 Stephen O'Dell Communication defendants' inability to provide raw data 0.2 Reviewing documents and files to determine

Motions· timeline and efforts to obtain data material in

02/22/2012 Louis M. Marlin Discovery preparation for motion for sanctions 2.8 Motions·

02/22/2012 Louis M. Marlin Discovery Legal research for motion for sanctions 2 .2 Prepare initial draft of motion for sanctions for

Motions - failure to obey court order and produce data 02/22/2012 Louis M. Marlin Discovery material 2.6

02/2212012 Stephen O'Dell Communication Email to defense counsel re data sample 0 .1

02/22/2012 Stephen O'Dell Communication Telephone conference with defense counsel 0.2 Review documents produced by defendants (and pleadings) re information pertinent to Highfill

02/2212012 Stephen O'Dell Depositions deposition and documents to use as exhibits 2.5 Multiple subsequent telephone conferences with

02/22/2012 Stephen O'Dell Communication defense counsel 0.4 Receipt and review of test payroll data for

02/22/2012 Stephen O'Dell Document Review discussion at Highfill deposition 1.5

0212212012 Stephen O'Dell Communication Subsequent email to defense counsel 0.1 Prepare initial draft of deposition outline re

02/22/2012 Stephen O'Dell Depositions deposition of James Highfill 2.2 Multiple telephone conferences with defense

02/23/2012 Stephen O'Dell Communication counsel 0.2 Prepare for and attend deposition of James

02/23/2012 Stephen O'Dell Depositions Highfill 9.6 Case Management

02/23/2012 Stephen O'Dell Meeting and e-memo to Ms. Smith re further handling 0 .3

02/24/2012 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Receipt and review of email from defense

0212712012 Stephen O'Dell Communication counsel re data structure 0.2 Prepare updated further status conference

02/2812012 Stephen O'Dell Pleadings statement; email to defense counsel re the same 0.8

02/28/2012 Stephen O'Dell Communication Email exchange with Ms. Miller 0.3 Receipt and review of over 10GB of payroll data ;

02/28/2012 Stephen O'Dell Document Review begin analysis of efficacy of the data 3 Miscellaneous Prepare memorandum of appearance: email to

02/29/2012 Stephen O'Dell Case Activity co-counsel re the same 0.4

0212912012 Stephen O'Dell Communication Email to client re status 0.3 Miscellaneous Prepare for and attend Further Status

02/29/2012 Stephen O'Dell Case Activity Conference 3.3


02129/2012 Stephen O'Dell Document Review Continue to evaluate punch data 2.6 Miscellaneous

03/16/2012 Stephen O'Dell Case Activity Review file re status 0.5 Telephone call to defense counsel; email to

03/16/2012 Stephen O'Dell Communication defense counsel 0.2 Review sttaus of production of •actual pay" data

03/20/2012 Stephen O'Dell Communication and send email to defense counsel re the same 0.2 Reserach and draft commissions for deposition

03122/2012 Louis M. Marlin in Massachusetts of Kronos 4.5

03/2212012 Stephen O'Dell Communication Email exchange with Ms. Miller 0.2

03/22/2012 Stephen O'Dell Communication Receipt of email from defense counsel 0.1

03/23/2012 Louis M. Marlin Work on commission for Kronos deposition 0.5

03/26/2012 Work on subpoenas to Kronos 1.5 Telephone call to defense counsel (left

03/26/2012 Stephen O'Dell Communication message) 0.1 Case Management

03/2612012 Stephen O'Dell Meeting with Mr. Marlin 0.3



03129/2012 Work on amicus brief 3.5

03/29/2012 Stephen O'Dell Communication Email to defense counsel 0.1 Multiple emails re scheduling of telphone

03/29/2012 Stephen O'Dell Communication conference 0.3

Prepare for and conduct meet and confer with defense counsel re: 1) production of payroll data (actual pay); 2) mediation, and 3) Kronos

03/29/2012 Stephen O'Dell Communication deposition; prepare memo to file re the same 1.4 Prepare initial draft of Joint Status Conference

04/03/2012 Stephen O'Dell Pleadings Statement 0.6 Miscellaneous Continue analysis of actual and rounded punch

04/03/2012 Stephen O'Dell Case Activity data 4.7

04/03/2012 Stephen O'Dell Communication Email to defense counsel 0.1 Miscellaneous

04/04/2012 Stephen O'Dell Case Activity Continue review and analysis of punch data 3.5 Revise joint status conference statement;

04/04/2012 Stephen O'Dell Pleadings prepare email to defense counsel re the same 0.3

Sliva v. See's Candy case, re applicable law and principles, as well as distinctions and areas where a different evidentiary showing will be

04/04/2012 Stephen O'Dell Research - Legal necessary 2.3

04/04/2012 Stephen O'Dell Communication Brief telephone conference with defense counsel 0.1 Receipt and review of defendants' portion of joint

04/04/2012 Stephen O'Dell Pleadings statement 0.2 Multiple emails with defense counsel and receipt

04/04/2012 Stephen O'Dell Communication and review of signature page for joint statement 0.2

04/04/2012 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Prepare for and conduct meet and confer conference with defense counsel re: (1) efficacy

04/0512012 Stephen O'Dell Communication of punch data; and (2) "actual pay" data 2.2 Receipt and review of email (with attachment) re store conversions to pay-to-the-minute punch

04/05/2012 Stephen O'Dell Document Review processing 0.2 Telephone call to defense counsel (left

04/05/2012 Stephen O'Dell Communication message) 0.1 counsel (with attachment) re order for preliminary approval in the prior meal break case

04/05/2012 Stephen O'Dell Document Review (Culbertson) 0.2


Case Management 04109/2012 Stephen O'Dell Meeting with Mr. Marlin 0.2

Miscellaneous 04/11/2012 Stephen O'Dell Case Activity Prepare memorandum or appearance 0.3

Miscellaneous Prepare for and attend Status Conference; post-04/ 11/2012 Stephen O'Dell Case Activity hearing conference with defense counsel 3.7

Miscellaneous 04/12/2012 Stephen O'Dell Case Activity Prepare note to file re effect of Brinker 0.3

Analysis of Brinker and its effect on meal period 04/12/2012 Stephen O'Dell Research • Legal claim and certification issues 3.8

Receipt and review of email from defense 04/13/2012 Stephen O'Dell Communication counsel 0.1

Receipt and review of corrections to deposition 04/13/2012 Stephen O'Dell Document Review transcript of James Highfill 0.1

Telephone conference with Ms. Miller; prepare 04117/2012 Stephen O'Dell Communication note to file re the same 0.3

04/19/2012 Stephen O'Dell Communication Email to defense counsel 0.1 Prepare draft of updated joint status conference

04/20/2012 Stephen O'Dell Pleadings statement; email to defense counsel re the same 0.7 Email exchange with Mr. Lacunza re joint

04/23/2012 Stephen O'Dell Communication statement 0.2 Receipt and review of email (with test data re

0412412012 Stephen O'Dell Communication "actual pay" attached} from defense counsel 0.3 Extended telephone conference with defense

0412412012 Stephen O'Dell Communication counsel 0.4 Miscellaneous Prepare for and attend Status Conference;

04/25/2012 Stephen O'Dell Case Activity prepare memorandum or appearance 2.9 Review outstanding issues and prepare email to

0412612012 Stephen O'Dell Communication defense counsel 0.3 Miscellaneous

0412712012 Stephen O'Dell Case Activity Begin revising certification analysis 0.5 re recent California Supreme Court case (Kirby v. lmmoos) affecting recovery of attorneys fees

0510212012 Stephen O'Dell Research • Legal under a 226. 7 claim 0.8 Voice mail from Ms. Miller: review file re issues;

05/02/2012 Stephen O'Dell Communication telephone conference with Ms. Miller 0.4 re defense-side analysis (by L. Abbott, et al.) of effect of Brinker decision on meal and rest break

05103/2012 Stephen O'Dell Research· Legal claims 0.7 re trial court ruling applying Brinker to deny

05/04/2012 Stephen O'Dell Research • Legal certification of meal and rest break claims 0.8 re recent trial court decision (re Bed Bath &

05/04/2012 Stephen O'Dell Research • Legal Beyond) upholding class claims under PAGA 0.3 Email exchange with potential class member,

05/07/2012 Stephen O'Dell Communication Gave la 0.2 Review pleadings and class list; prepare email to

05109/2012 Stephen O'Dell Communication Tamarah Hunt 0.5 Telephone conference with forensic economist

05109/2012 Stephen O'Dell Communication re payroll data issues and scope of assignment 0.2 Further telephone conference with T. Hunt, regarding details of scope of assignment. time

05/1012012 Stephen O'Dell Communication table, and data challenges 0.2 Miscellaneous Review file re status: prepare email to defense

05/1112012 Stephen O'Dell Case Activity counsel 0.4 Review file re status; assess need for court intervention; prepare draft of Joint Status

05/1512012 Stephen O'Dell Pleadings Conference Statement

05/15/2012 Stephen O'Dell Communication Prepare email to defense counsel 0.1


Telephone calls to/from defense counsel : receipt and review of voice mail; receipt and review of email and attachment: make final revisions to

05/15/2012 Stephen O'Dell Communication Joint Statement 0.5 Receipt and review of email from defense

05/1 5/2012 Stephen O'Dell Communication counsel 0.1 Review and revise commission for out-of-state

05/16/2012 Stephen O'Dell Depositions deposition (Kronos, Inc.) 0.2 Prepare for and attend telephonic meet and confer with defense counsel re production of

05/17/2012 Stephen O'Dell Communication "actual pay" data 0.8 Evaluate need to Insist on "raw• data; assess

Miscellaneous further handling options depending on data 05/17/2012 Stephen O'Dell Case Activity provided before Status Conference 0.3

Receipt and review of email from defense 05/1812012 Stephen O'Dell Communication counsel 0.1

05/21/2012 Stephen O'Dell Communication Telephone conference with Mr. Lacunza 0.2


05/21/2012 Stephen O'Dell Document Review Begin evaluating efficacy of "actual pay" data 0.7 Receipt and review of partial "actual pay" data

05/21/2012 Stephen O'Dell Document Review from defendants 2.7 Miscellaneous Prepare for and attend Status Conference

05/22/2012 Stephen O'Dell Case Activity hearing 3.4 Prepare memorandum of appearance: email to

05/2212012 Stephen O'Dell Communication co-counsel re the same 0.5

05/29/2012 Stephen O'Dell Communication Telephone conference with client 0.2 Miscellaneous

05/30/2012 Stephen O'Dell Case Activity Office meeting with client 0.3 Receipt and review of court's rejection notice re commission for out-of-state deposition; assess further handling options; meet with staff re the

0513012012 Stephen O'Dell Document Review same 0.3 Telephone conference with Mr. Lacunza; note to

05/31/2012 Stephen O'Dell Communication file re the same 0.2 Telephone conference with attorney representing

06/01/2012 Stephen O'Dell Communication Kronos, Inc. 0.2 Statement; email to defense counsel re the

06/04/2012 Stephen O'Dell Pleadings same 0.5 attachments); review defense modifications to Status Conference Statement and finalize the

06/04/2012 Stephen O'Dell Communication same 0.4 Miscellaneous Continue to examine punch and payroll data;

06/0412012 Stephen O'Dell Case Activity begin preparing memo to consultant 4 Miscellaneous Prepare memorandum of appearance; email to

06/05/2012 Stephen O'Dell Case Activity defense counsel re the same 0.3

0610512012 Stephen O'Dell Communication Email exchange with Mr. Hart 0.2 Prepare for and attend Status Conference (including pre- and post-hearing discussions with defense counsel and extended conference with

Miscellaneous head of e-fillng re Issuance of commission for 06/05/2012 Stephen O'Dell Case Activity out-of-state deposition) 3.6

responses to discovery re potential documents and/or information to provide to economic

06/0612012 Stephen O'Dell Document Review consultant 1.1 Miscellaneous Prepare note to file re adjustments lo meal

06/07/2012 Stephen O'Dell Case Activity period claims 0.7 Re lengthy, recent federal district court case (Moreyra v. Fresenius) addressing rounding

06/07/2012 Stephen O'Dell Research • Legal claims 2.7


Email exchange with defense counsel (with 06/07/2012 Stephen O'Dell Communication attachment - attachment not reviewed) 0.2

Miscellaneous Continue to review punch and payroll data and 06/08/2012 Stephen O'Dell Case Activity continue preparing memo to consultant 2.7

Case Management 06108/2012 Stephen O'Dell Meeting Prepare for and meet with Mr. Marlin 0.5

Review status of actual pay data; prepare email 06/14/2012 Stephen O'Dell Communication to defense counsel re the same 0.3

status of actual pay data; prepare note to file re 06/14/2012 Stephen O'Dell Communication the same 0.3

06/15/2012 Stephen O'Dell Communication Telephone conference with client 0.2 Subsequent email exchange with defense

06/18/2012 Stephen O'Dell Communication counsel 0.2 Telephone conference with defense counsel; receipt and review of email from defense counsel

06/1812012 Stephen O'Dell Communication (with attachement) 0.4

06/18/2012 Stephen O'Dell Communication Email exchange with co-counsel re strategy 0.3 Review status re production of actual pay data; prepare initial draft of updated joints status conference statement; email to defense counsel

06/18/2012 Stephen O'Dell Pleadings re the same 0.7 Subsequent email exchange with co-counsel re

06/18/2012 Stephen O'Dell Communication research and strategy 0.2 Miscellaneous Prepare tor and attend Status Conference;

06/19/2012 Stephen O'Dell Case Activity prepare memo of appearance re the same 3.6 Case Management

06/25/2012 Meeting discuss during attorney meeting 0.1 Case Management

06/25/2012 Stephen O'Dell Meeting with Mr. Marlin, el al. 0.3

07/02/2012 Stephen O'Dell Communication Revise memo to economic consultant 0.3 Miscellaneous Review all timekeeping and payroll data re

07/02/2012 Stephen O'Dell Case Activity transmission of the same to economic consultant 3.5 Revise memo to consultant; review data to be enclosed; review defendants' discovery responses and deposition summaries and

Miscellaneous prepare addtional documents to assist 07/03/2012 Stephen O'Dell Case Activity consultant; meet with staff re the same 1.9

Telephone conference with John Robinson; note 07/05/2012 Stephen O'Dell Communication to file re the same 0.4

Review Kronos data in light of consultant's Miscellaneous queries; email to defense counsel re scheduling

07/05/2012 Stephen O'Dell Case Activity of Further Status Conference 0.7


07/09/2012 Stephen O'Dell Communication Email exchanges with defense counsel 0.2 Telephone conference with client; note to file re

07/11/2012 Stephen O'Dell Communication the same 0.6 Prepare for and conduct meet and confer with Kronos' counsel re responses to deposition

07/16/2012 Stephen O'Dell Communication subpoenas 0.5 Miscellaneous Brief legal research and evaluate conditions set

07/16/2012 Stephen O'Dell Case Activity forth by Kronos' counsel; note to file re the same 0.3 Review file and draft email to defense counsel re confidentiality/protective order for Kronos

07/17/2012 Stephen O'Dell Communication documents to be produced 0.5

07/1712012 Stephen O'Dell Communication Email to economic consultant (with attachment) 0.1

07/23/2012 Stephen O'Dell Communication Email from putative class member (Fahnestock) 0.1


decided Harris v. Superior Corut case (potential impact on who qualifies as non-exempt portion of class and analysis of whether some classifications should be excluded from class

07/24/2012 Stephen O'Dell Research - Legal definition) 2.9 Draft proposed, updated, joint statuts conference

07/30/2012 Stephen O'Dell Pleadings statement; email to defense counsel re the same 1.8 Email exchange (with attachments) with defense


07/31/2012 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Telephone call to defense counsel; left message

07/31/2012 Stephen O'Dell Communication with assistant 0.1 re recent Superior Court decision decertifying meal and rest break claim class (Wackenhut

0810312012 Stephen O'Dell Research • Legal Wage and Hour Cases) 0.7 Multiple emails from consultant; telephone

08106/2012 Stephen O'Dell Communication conference with consultant 0.7 Review status of data analysis and send email to

08/06/2012 Stephen O'Dell Communication consultant 0.2 Miscellaneous Prepare for and appear at Status Conference;

0810712012 Stephen O'Dell Case Activity discussion with defense counsel after hearing 3.2 Miscellaneous

08/07/2012 Stephen O'Dell Case Activity Prepare memorandum of appearance 0.2 Miscellaneous Prepare memo to file re preliminary report from

08107/2012 Stephen O'Dell Case Activity consultant 0.2

08/07/2012 Stephen O'Dell Communication Email to co-counsel 0.1 re recent federal case addressing potential arbitration issues (Lima v. Gateway) • especially

08/08/2012 Stephen O'Dell Research - Legal waiver issues 2 Receipt and review of voicemail from consultant; telphone conference with consultant; note to file

08/15/2012 Stephen O'Dell Communication re the same 0.3

08/16/2012 Stephen O'Dell Communication Telephone conference with Ms. Miller 0.3 Meeting with Mr. Lacunza re questions concerning data and re Kronos situation: prepare

08122/2012 Stephen O'Dell Communication note to file re the same 0.4 Email to defense counsel re: (1) observations and questions from consultant re payroll data;

08/22/2012 Stephen O'Dell Communication and (2) status of Kronos production 0.5

Review status of Kronos production In lieu of deposition testimony; email to Kronos' counsel re stipulation in light of there being no underlying

08/22/2012 Stephen O'Dell Communication confidentiality order in this case 0.3 re unpublished opinion (Hernandez v. Chipotle) bearing on certification of meal break class; begin exploring alternative language to define

08/23/2012 Stephen O'Dell Research • Legal meal break subclass 1.7 Review file re status and send email to defense

09/04/2012 Stephen O'Dell Communication counsel 0.3 Revise notice of continuance of status

09/04/2012 Stephen O'Dell Pleadings conference 0.2

09/04/2012 Stephen O'Dell Communication Email to Mr. Hart 0 .1

09/04/2012 Stephen O'Dell Communication Multiple email exchanges with defense counsel 0.4

09/04(2012 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1

09/04/2012 Stephen O'Dell Communication Subsequent email exchange with Mr. Hart 0.2

09/11/2012 Stephen O'Dell Communication Multiple email exchanges with Mr. Lacunza 0.2


payroll and timekeeping data issues, as well as Kronos production issue: prepare note to fi le re

09/11/2012 Stephen O'Dell Communication the same 1.3 Receipt of email from Mr. Hart; review file and

09/14/2012 Stephen O'Dell Communication notes re issue raised; responding email 0.5 re recent federal case (Schnieder Trucking) bearing on certification of meal breaks (and other

09/14/2012 Stephen O'Dell Research - Legal general certification issues) 2 Review file re status of promised explanatory

09/14/2012 Stephen O'Dell Communication information; email to defense counsel 0.2 Miscellaneous

09/17/2012 Adrian Bacon Case Activity Meeting re case assignment 0.4 Subsequent email exchange with Mr. Hart re

09/17/2012 Stephen O'Dell Communication mediation strategies 0.2

09/1712012 Stephen O'Dell Communication Email to consultant 0.1 Email exchange with Mr. Hart re strategies

09/17/2012 Stephen O'Dell Communication moving into mediation 0.2 Prepare for and conduct extended telephone

09/18/2012 Stephen O'Dell Comm uni cation conference with consultant re data analysis 0.5 Case Management

09/20/2012 Meeting disucss with Stephen 0.3 Assess status of information re payroll data;

09/21 /2012 Stephen O'Dell Communication email to defense counsel re the same 0.2 Telephone conference with consultant re family emergency and interim arrangements; memo to

09/24/2012 Stephen O'Dell Communication file re the same 0.3

09/25/2012 Stephen O'Dell Communication Email exchange with defense counsel 0.2 Email exchange with defense counsel, including review of attachment (responses to our inquiries

09/25/2012 Stephen O'Dell Communication re data Inconsistencies) 0.4 Multiple email exchange with defense counsel ;

09/25/201 2 Stephen O'Dell Communication telephone conference with defense counsel 0.4 Review file re status; prepare initial draft of joint status conference statement: email to defense

09/26/2012 Stephen O'Dell Pleadings counsel re the same 0.5

09/27/2012 Stephen O'Dell Communication Email from defense counsel 0.1 Receipt and review email from defense counsel and defendants' revisions to joint status

09/27/2012 Stephen O'Dell Communication conference statement; finalize statement 0.3 Telephone conference with Mr. Robinson re

10/04/2012 Stephen O'Dell Communication status of data analysis 0.2 Prepare for and attend Status Conference: post·

Miscellaneous hearing conferences with defense counsel and

10/09/201 2 Stephen O'Dell Case Activity Ms. Healey 3 Prepare memorandum of appearance; email to

10/09/2012 Stephen O'Dell Communication co-counsel re the same 0.4

10/10/201 2 Stephen O'Dell Communication Receipt and review of email from Mr. Hart 0.1 Miscellaneous Begin review of current complaint re drafting of

10/16/2012 Stephen O'Dell Case Activity Second Amended Complaint 0.4 Case Management Meet w/ Mr. O'Dell re Kronos findings &

10/17/2012 Adrian Bacon Meeting amended complaint 0.4 Continue to research and draft Second Amended

10/17/2012 Stephen O'Dell Pleadings Complaint 6 .2 Email to defense counsel re target date for

10/18/201 2 Stephen O'Dell Communication Second Amended Complaint 0.1 Complaint; review file materials re evidence and data developed; substantially revise draft of

10/18/2012 Stephen O'Dell Pleadings complaint 5.6


Case Management Meet w/ SPO re standing research for amended 10/23/2012 Adrian Bacon Meeting complaint 0.5

Amended Complaint; email to Mr. Hart re the 10/23/2012 Louis M. Marlin Pleadings same 3.8

Brief legal research and meet with Mr. Bacon re legal research on standing issues for injunctive

Miscellaneous relief sought in the Second Amended Complaint; 10/23/2012 Stephen O'Dell Case Activity brief discussion with Mr. Marlin re the same 0.6

10/23/2012 Stephen O'Dell Communication Email exchange with Ms. Miiier re status 0.2 Prepare stipulation and proosed order re filing of Second Amended Complaint; make final revisions to draft of Second Amended Complaint;

10/24/2012 Stephen O'Dell Pleadings email to defense counsel 1.4 Email exchange with consultant re scheduling of

10/26/2012 Stephen O'Dell Communication meeting to discuss data analysis 0.2 Reveiw status and prepare email to data

10/26/2012 Stephen O'Dell Communication consultant 0.2

10/26/2012 Stephen O'Dell Communication Telephone conference with consultant 0.2 Evaluate status of filing of Second Amended

10/26/2012 Stephen O'Dell Communication Complaint; email to Mr. Lacunza 0.3

10/26/2012 Stephen O'Dell Communication Subsequent email to Mr. Lacunza 0. 1 Miscellaneous Prepare memo on issues re

10/29/2012 Adrian Bacon Case Activity 4 Telephone conference with data consultant re

10/29/2012 Stephen O'Dell Communication 0.3 Review status of outstanding data and

10/29/2012 Stephen O'Dell Communication procedural issues: email to defense counsel 0.3 re new opinion (Silva v. See's Candy) re rounding issues: perform additional research and

10/30/2012 Stephen O'Dell Research • Legal analyals; prepare e-memo re the same 2.8 Miscellaneous Prepare for and meet with economic consultant

10/30/2012 Stephen O'Dell Case Activity re data calculations 3.5

10/31/2012 Stephen O'Dell Communication Email to Mr. Lacunza 0.1

11/01/2012 Stephen O'Dell Communication Email exchange with Mr. Lacunza re scheduling 0.2

11/02/2012 Stephen O'Dell Communication Review file and provide status update to client 0.3 Email exchange with Mr. Lacunza re scheduling

11/06/2012 Stephen O'Dell Communication of meet and confer conference 0.2

11/07/2012 Stephen O'Dell Communication Email exchange with Mr. Lacunza 0.2 Prepare for and conduct meet and confer conference with defense counsel; prepare memo

11/07/2012 Stephen O'Dell Communication to file re the same 1. 1

11/07/2012 Stephen O'Dell Communication Email from Mr. Lacunza 0.1

11/07/2012 Stephen O'Dell Communication Email to Lacunza 0.1 Evaluate status of outstanding pleading and

11/12/2012 Stephen O'Dell Communication discovery issues; email to Mr. Lacunza 0.3 Telephone call to consultant; left detailed voice

11/13/2012 Stephen O'Dell Communication mail message 0.1 Evaluate status of stipulation re Third Amended Complaint and data issues; email to defense

11 /15/2012 Stephen O'Dell Communication counsel 0.2 Receipt and review of email with data summary

11/16/2012 Stephen O'Dell Comm uni cation attached, from consultant 0.3 calculations, data errors, and setting up reconciliation conference with defense

11/16/2012 Stephen O'Del l Communication consultant 0.7 Miscellaneous Continue to evaluate data from consultant and

11/ 16/2012 Stephen O'Dell Case Activity begin rough preliminary damages calculations 0.8


Motions • Class Begin outlining and crafting prose for motion for

11/26/2012 Stephen O'Dell Certification class certification 0.8 Case Management Review file re status; meet with Mr. Marlin re the

11/26/2012 Stephen O'Dell Meeting same; email to defense counsel 0 .4 Email exchange with Mr. Lacunza re scheduling

11/27/2012 Stephen O'Dell Communication of meet and confer conference 0.2

re recent case (Aleman v. AirTouch) re reporting time claim and attorneys fees and cases cited therein concerning the same issues: evaluate

11/27/2012 Stephen O'Dell Research • Legal applicablillty to our claims 2.3 Prepare for and conduct meet and confer conference with defense counsel re pleading,

11/27/2012 Stephen O'Dell Communication discovery, and mediation issues 1.3

11/27/2012 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Prepare memo to file re Aleman v. AirTouch

Miscellaneous case re exposure to attorneys fees and

11/28/2012 Stephen O'Dell Case Activity Reporting Time claim 0.9 Evaluate status of various outstanding Issues;

12/07/2012 Stephen O'Dell Communication email to Mr. Lacunza re the same 0.3 Extended email exchange with Mr. Hart re status

12/1 1/2012 Stephen O'Dell Communication on multiple issues and strategies for proceeding 0.5

12/11/2012 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 provided by defendants in light of evolving

Miscellaneous jurisprudence on the rounding/time-shaving

12/1112012 Stephen O'Dell Case Activity claim 2.6

12/11/2012 Stephen O'Dell Communication Email from Mr. Hart 0.1

Research re recent cases and trends pertaining to rounding/time-shaving in the context of class actions; evaluate applicability to our case; prepare notes re evaluation and application of

1211112012 Stephen O'Dell Research - Legal authorities, for use in drafing certification motion 3.7 Receipt and review of email from Mr. Hart to Mr.

12/1212012 Stephen O'Dell Communication Lacunza 0.1 re Bradley v . Networkers (issued 12/12/12) re impact on meal and rest break claims and

12/13/2012 Stephen O'Dell Research • Legal general certification jurisprudence 1.4 Email to Mr. Lacunza re outstanding pleading

12/13/2012 Stephen O'Dell Communication and data Issues 0.2 Subsequent email exchange with Mr. Hart re

12/13/2012 Stephen O'Dell Communication meal break theories 0.2 Email exchange with Mr. Hart re strategies for

12113/2012 Stephen O'Dell Communication further handling 0.2 Continue evaluating testimony and documents

Miscellaneous produced by client or in discovery, to marshal!

12/17/2012 Stephen O'Dell Case Activity evidence for motion for class certification 6.3 Email to Mr. Lacunza re outstanding pleading

12/17/2012 Stephen O'Dell Communication and data issues 0.1 Receipt and review of email (with attachment)

12/18/2012 Stephen O'Dell Communication from mediator 0.2

12/18/2012 Stephen O'Dell Communication Email to Mr. Hart re certification strategies 0.2 Email exchange with Mr. Hart re strategy and

12/18/2012 Stephen O'Dell Communication mediation 0.2

for class certification; note areas where evidence still needed and assess means and t iming of

Motions • Class obtaining it; continue outlining and rough drafting

12118/2012 Stephen O'Dell Certification of motion 6.6

12/19/2012 Stephen O'Dell Communication Email from Mr. Hart re mediation strategies 0.1 Research and formulate additional argument

12/19/2012 Stephen O'Dell Research • Legal regarding meal periods (re "on duty" meals) 0.5


Continue detailed data analysis, comparing differing data sources, including data received from defendants, Ms. Miller's Time Detail Report, and internally generated reports, re integrity and

Miscellaneous reliability of data for use in arguments pertaining 12/19/2012 Stephen O'Dell Case Activity to class ce 2

Begin evaluation of documents provided by co-Miscellaneous counsel relating to the time-shaving/rounding

12/20/2012 Stephen O'Dell Case Activity issue 1.2 Email from Ms. Healy with multiple attachments

12/20/2012 Stephen O'Dell Communication (not reviewed) 0.1

01/02/2013 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1 Extensive file review re status; prepare draft of joint status conference statement; brief legal research on amendment or pleadings; email to

01/02/2013 Stephen O'Dell Pleadings defense counsel 2.1 Telephone conference with Mr. Lacunza re

01/02/2013 Stephen O'Dell Communication outstanding pleading and data Issues 0.4

01/02/2013 Stephen O'Dell Communication Email to Mr. Hart re conference with Mr. Lacunza 0.1 Email exchange with defense counsel re re-

01/02/2013 Stephen O'Dell Communication scheduling mediation 0.2 Continue data review (Alicia's data only) re use

Miscellaneous in motion for class certification to show existence 01/02/2013 Stephen O'Dell Case Activity of claims 0.7

effect of prior settlement for meal period violations; specifically regarding meal period claim in this case, but also potential impact on other claims occuring during the prior case class

01/03/2013 Stephen O'Dell Research • Legal period 2.2 Email from defense counsel (with attachments); review and revise joint status conference

01/03/2013 Stephen O'Dell Communication statement; email to defense counsel 0.3

01/03/2013 Stephen O'Dell Communication Multi-email exchange with Mr. Lacunza 0.2 Prepare for and attend meet and confer with defense counsel and defendants' data consultant

01/03/2013 Stephen O'Dell Communication re pleading and data issues 0.5

01/03/2013 Stephen O'Dell Communication Email from defense counsel 0.1

01/03/2013 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1

01/08/2013 Stephen O'Dell Communication Email from defense counsel 0.1 Email exchange with Mr. Lacunza; receipt and review of stipulation to file Second Amended

01/08/2013 Stephen O'Dell Communication Complaint 0.3 Prepare for and conduct meet and confer with defense counsel re scheduling of mediation and

01/08/2013 Stephen O'Dell Communication resolution of data issues 0.5 Survey recent case law re rounding claims

01/08/201 3 Stephen O'Dell Research • Legal and/or Kronos systems 1.2

01/08/2013 Stephen O'Dell Communication Email exchange with Mr. Lacunza 0.1 review of evidence (including review of Alicia's

Miscellaneous deposition testimony) and rough drafting of 01/09/2013 Louis M. Marlin Case Activity arguments 4.2

Miscellaneous 01/09/2013 Stephen O'Dell Case Activity Prepare for and attend Status Conference 3.6

Miscellaneous Prepare memorandum of appearance and email 01/09/2013 Stephen O'Dell Case Activity to co-counsel re the same 0.3

Email to co-counsel re thoughts on further 01/09/2013 Stephen O'Dell Communication handling, mediation dates, etc. 0.2


Email to defense counsel re mediation 01/09/2013 Stephen O'Dell Communication scheduling 0.1

01/09/2013 Stephen O'Dell Communication Email from co-counsel 0.1 Miscellaneous mediation purposes and selection of mediation

01/11/2013 Stephen O'Dell Case Activity dates 0.3

01/15/2013 Stephen O'Dell Communication Email to Mr. Lacunza re mediation scheduling 0.1 Receipt and review of executed order, inter alia. permitting the filing of the Second Amended

01/16/2013 Stephen O'Dell Document Review Complaint 0.1 Telephone conference with John Robinson re

01/18/2013 Stephen O'Dell Communication status of data analysis 0.2 Telephone conference with Mr. Lacunza re mediation scheduling and data issues; e-memo

01/18/2013 Stephen O'Dell Communication re the same 0.3

01/18/2013 Stephen O'Dell Communication Email exchange with Mr. Lacunza 0.2 Legal research re DLSE opinions regarding issue

01/21/2013 Stephen O'Dell Research - Legal of what constitutes compensable time off

Prepare initial draft of updated joint status conference statement; emall to defense counsel

01/22/2013 Stephen O'Dell Pleadings re the same 0.6 Telephone conference with Mr. Lacunza re contengencies affecting updated statement;

01/22/2013 Stephen O'Dell Communication Instruct staff re the same 0.2

01/22/2013 Stephen O'Dell Communication Email from Mr. Lacunza 0.1

01 /23/2013 Stephen O'Dell Communication Brief email exchange with John Robinson 0.1 Extended telephone conference with data

01 /24/2013 Stephen O'Dell Communication consultant 0.5 Email exchagne with Mr. Lacunza re mediator's

02/04/2013 Stephen O'Dell Communication unavailability and rescheduling 0.2 Email exchange with potential class member

02/04/2013 Stephen O'Dell Communication (lewis) 0.2 Email exchange with Mr. Lacunza re scheduling

02/04/2013 Stephen O'Dell Communication of mediation 0.2 Multiple brief telephone conferences with Mr.

02/05/2013 Stephen O'Dell Communication Lacunza 0.2 Review file re status and email to Mr. Lacunza re

02/05/2013 Stephen O'Dell Communication pending hearing 0.4

02/06/2013 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Miscellaneous Preprare memorandum of appearance and email

02/06/2013 Stephen O'Dell Case Activity to co-counsel re the same 0.3

02/06/2013 Stephen O'Dell Communication Subsequent email exchange with Mr. Hart 0.2 Miscellaneous

02/06/2013 Stephen O'Dell Case Activity Prepare for and attend Status Conference 3.3

02/07/2013 Stephen O'Dell Communication Brief email exchanges with defense counsel 0.1 Multiple emails to/from co-counsel re scheduling

02/07/201 3 Stephen O'Dell Communication of mediation 0.2

02/11/2013 Stephen O'Dell Communication Email exchange with Mr. Hart 0 .1 Miscellaneous Review status of defendants' responsive

02/12/2013 Stephen O'Dell Case Activity pleading to the Second Amended Complaint 0.2 Email to Mr. Lacunza re defendants' responsive

02112/2013 Stephen O'Dell Communication pleading 0.1 Prepare for and participate In conference call

02/13/2013 Stephen O'Dell Communication with client re upcoming mediation 0.3 Note to file re conversation with client; email to

02/13/2013 Stephen O'Dell Communication co-counsel re the same 0.2 Receipt and review of email from mediator (with

02115/2013 Stephen O'Dell Communication attachments) 0.1


Receipt and review of remittitur from Court of 0212212013 Stephen O'Dell Document Review Appeal re related See's Candy case 0.1

Continue legal research and analysis for Miscellaneous preparation of mediation brief and motion for

0212612013 Stephen O'Dell Case Activity class certification 2.1 Motions - Class

03/0412013 Stephen O'Dell Certification Work on certification motion 2.2

03/13/2013 Stephen O'Dell Communication Email exchange with mediator's office 0.2 Receipt and review of email from mediator to

03114/2013 Stephen O'Dell Communication defese counsel 0.1 Multiple email exchanges with mediator's office and defense counsel (and copies of their

03/14/2013 Stephen O'Dell Communication exchanges) re pre-mediation conference 0.2 Prepare for and attend telephonic conference

03/22/2013 Stephen O'Dell Communication with mediator. Judge Velasquez 1.2 Miscellaneous Prepare note to file re conference with Judge

03/2212013 Stephen O'Dell Case Activity Velasquez; email to co-counsel re the seme 0.2

03122/2013 Stephen O'Dell Communication Email from mediator 0.1 Miscellaneous Begin review of documents for mediation brief

03/25/2013 Stephen O'Dell Case Activity (preparation and/or exhibits} 3 Continue to evaluate evidence and perform legal

Miscellaneous research (re rounding cases) for preparation of

03/26/2013 Stephen O'Dell Case Activity mediation brief 5.7 Continue to research (factual/legal), outline, and

03/27/2013 Stephen O'Dell Mediation draft mediation brief; identify potential exhibits 8.2

03/2812013 Stephen O'Dell Communication Email exchange with Mr. Hart 0.2 Continue to draft and revise mediation brief; begin damages analysis; email to consultant re

03/28/2013 Stephen O'Dell Mediation data issues 8.2 Comprehensive review of draft of mediation brief:

03/29/2013 Louis M. Marlin Mediation direct changes to same 3.3

03/29/2013 Stephen O'Dell Communication Email exchange with Mr. Hart 0.2

03/29/2013 Stephen O'Dell Communication Email to data consultant 0.1 Telephone conference with consultant re

03/29/2013 Stephen O'Dell Communication damages analysis 0.5

03/29/2013 Stephen O'Dell Mediation Prepare initial draft of damages analysis 6.7 Receipt, review and evaluation of email from Mr. Hart: prepare responding email based on

03/29/2013 Stephen O'Dell Communication evaluation 0.4 Telephone conference with consultant; note to

04101/2013 Stephen O'Dell Communication file re the same 0.3 Email exchange with Mr. Hart re mediation brief

04/01/2013 Stephen O'Dell Communication and damages issues 0.2 Multiple email exchanges with consultant (with

04/01/2013 Stephen O'Dell Communication extensive attachments) 0.5 Extensive revisions to damages analysis (per

04/01/2013 Stephen O'Dell Mediation new data from consultant) 2.7 Revise damages analysis with new figures from

04/01/2013 Stephen O'Dell Mediation consultant 0.8 Email to Mr. Hart (with attachment) re rest period

04/01/2013 Stephen O'Dell Communication policies 0.2 Recipt and review of voice mail from Mr.

04/01/2013 Stephen O'Dell Communication Lacunza 0.1

04/01/2013 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Extensive revisions to mediation brief at Mr.

04/01/2013 Stephen O'Dell Mediation Marlin's direction 1.4 Make final review and revisions to mediation brief and damages analysis; begin identifying

04/01/2013 Stephen O'Dell Mediation additional documents to use at mediation 1.2


Subsequent telephone conference with data 04/02/2013 Stephen O'Dell Communication consultant re rest break issue 0.1

04/02/2013 Stephen O'Dell Communication Telephone conference with Mr. Hart 0.4

04/02/2013 Stephen O'Dell Communication Email from mediator's office 0.1

04/02/2013 Stephen O'Dell Communication Email exchange (brief) with Mr. Lacunza 0.1 Prepare for and conduct extended telephone confernce with Mr. Lacunza re mediation (and

04/02/2013 Stephen O'Dell Communication data) issues 1.9

04/02/2013 Stephen O'Dell Communication Email to mediator. with attachments 0.1

04/02/2013 Stephen O'Dell Communication Email to Mr. Lacunza, with attachment 0.1

04/02/2013 Stephen O'Dell Communication Subsequent telephone conference with Mr. Hart 0.2

04/02/2013 Stephen O'Dell Communication Email to data consultant 0.1

04/0212013 Stephen O'Dell Communication Brief email exchange with data consultant 0.1 Subsequent telephone conversation with Mr. Lacunza re effect of Culbertson settlement. followed by subsequent email exchanges re the

04/02/2013 Stephen O'Dell Communication same 0.4 Subsequent email exchange with consultant re

04/02/2013 Stephen O'Dell Communication figures for potential rest period violations 0.2

04/03/2013 Stephen O'Dell Communication Email from Mr. Hart 0.1 Email exchange with consultant re rest period

04/03/2013 Stephen O'Dell Communication calculations 0.2 Miscellaneous

04/03/2013 Stephen O'Dell Case Activity Review and revise draft of MOU for mediation 0.2

04/04/2013 Louis M. Marlin Mediation Prepare for and attend mediation 9

04/04/2013 Stephen O'Dell Mediation Prepare for and attend mediation 11 . 7


04/05/2013 Stephen O'Dell Communication Email to Mr. Lacunza and Mr. Hart 0.1

04/05/2013 Stephen O'Dell Communication Email to client re mediation and further handling 0.2 Multiple email exchanges with Mr. lacunza and

04/08/2013 Stephen O'Dell Communication Mr. Hart re rescheduling telephone conference 0.2 Telephone conference with Mr. Hart; extended telephone conference with Mr. Lacunza and Mr. Hart re mediation follow-up and preparation of

04/08/2013 Stephen O'Dell Communication joint status conference statement 1.9 Subsequent email exchange with Mr. Lacunza;

04/09/2013 Stephen O'Dell Communication review revisions; finalize joint statement for filing 0.2 Draft joint status conference statement: email to

04/09/2013 Stephen O'Dell Pleadings defense counsel re the same 0.6 Telephone conference with Mr. Lacunza re joint

04/09/2013 Stephen O'Dell Communication statement 0.1

04/15/2013 Stephen O'Dell Communication Telephone conference with Judge Velasquez 0.4

04/16/2013 Stephen O'Dell Communication Email exchange with mediator 0.1 Miscellaneous

04/17/2013 Stephen O'Dell Case Activity Prepare for and attend status conference 3.4 Email exchange with Judge Velasquez re

04/17/2013 Stephen O'Dell Communication continued mediation efforts 0.2 Miscellaneous Prepare memorandum of appearance; email to

04/17/2013 Stephen O'Dell Case Activity co-counsel re the same 0.3

04/17/2013 Stephen O'Dell Communication Email from Mr. Lacunza 0.1 Receipt and review of email from Judge

04/18/2013 Stephen O'Dell Communication Velasquez 0.1 Receipt of voicemail message from Ms. Healy;

04/22/2013 Stephen O'Dell Communication email to Ms. Healy 0.2

04/23/2013 Stephen O'Dell Communication Email exchange with Ms. Healy 0.1


Telephone conference with Ms. Healy re status 04/23/2013 Stephen O'Dell Communication post mediation and further handling 0.4

04/24/2013 Stephen O'Dell Communication Telephone conference with Ms. Miller re status 0.3 Receipt and review of email from Ms. Healy (with attachment); review file and notes from mediation re additional discovery needed for certification motion; revise draft of letter to Mr.

04/30/2013 Stephen O'Dell Communication Lacunza; email to Ms. Healy re the same 0.8 Review file re status and prepare email to Judge

05/03/2013 Stephen O'Dell Communication Velasquez re status of talks with Ikea 0.3 Telephone conference with Judge Velasquez re

05/06/2013 Stephen O'Dell Communication status of continued negotiations 0.2 Lengthy email exchange with Mr. Hart re status of discovery and mediation issues. as well as

05107/2013 Stephen O'Dell Communication strategies for further handling 0.5 Multple subsequent email exchanges (with

05/07/2013 Stephen O'Dell Communication attachments) with Mr. Hart 0.2 Review file and prepare plaintiffs draft of updated Joint Status Conference Statement;

05/0712013 Stephen O'Dell Pleadings email to defense counsel re the same 0.8 case (Genesis Healthcare) re issues of mootness and the "pick off" doctrine; evaluate applicability In light of prior offer of settlement

05/0712013 Stephen O'Dell Research • Legal proffered to Alicia 1.8 Telephone call lo Mr. Lacunza; note to file re the

05/08/2013 Stephen O'Dell Communication same 0.1 Revise Joint Status Conference Statement to make it a Status Conference Statement (not

0510812013 Stephen O'Dell Pleadings joint); add exhibit 0.3

05/0912013 Stephen O'Dell Communicalion Telephone conference with Judge Velasquez 0.1 application to proof of damages on classwide

05109/2013 Stephen O'Dell Research • Legal basis 0.6

05/09/2013 Stephen O'Dell Communication Email to Judge Velasquez 0.1 Receipt and review of voicemail from mediator; discuss with Mr. Marlin; telephone call to Judge Velasquez (not available, left detailed voicemail

05/1312013 Stephen O'Dell Communication message) 0.3 Research and evaluate recent appellate case (Faulkinbury v. Boyd) re treatment of certification elements, post-Brinker, and application to

05114/2013 Stephen O'Dell Research • Legal current meal and rest break claims In our case 1.2

0511412013 Stephen O'Dell Communication Review file and draft email to Judge Velasquez 0.2 Telephone conference with Judge Velasquez re

0511512013 Stephen O'Dell Communication ongoing mediation efforts 0.3 Miscellaneous

0511512013 Stephen O'Dell Case Activity Prepare for and attend Status Conference 3 Miscellaneous Prepare memorandum of appearance; email to

05/15/2013 Stephen O'Dell Case Activi ty co-counsel re the same 0.5 Review and revise notice of ruling and further

0511612013 Stephen O'Dell Pleadings status conference 0 .4

05/2312013 Stephen O'Dell Communication Telephone conference with Judge Velasquez 0.2 Receipt and review of email from Judge

05/24/2013 Stephen O'Dell Communication Velasquez 0.1 Comparative analysis of holdings from recent appellate cases (Faulkinbury and Bluford); begin

Motions • Class pulling language from these cases to use in 0512412013 Stephen O'Dell Certification certification motion 3.2

05/28/2013 Stephen O'Dell Communication Brief email exchange with mediator 0.1


construing California law (Leyva v. Medline) re certification of rounding claims and other wage

05129/2013 Stephen O'Dell Research - Legal order claims 0.8 Prepare for and conduct meet and confer conference with defense counsel re updated joint

06/18/2013 Stephen O'Dell Communication status conference statement 0.5 Email exchange with Mr. Lacunza re scheduling

06/18/2013 Stephen O'Dell Communication of meet and confer 0.2

06/18/2013 Stephen O'Dell Communication Email exchange with mediator 0.1 Review file re status conference statement and

06/19/2013 Stephen O'Dell Communication send email to Mr. Lacunza re the same 0.2 Prepare Initial draft of joint status conference

06/19/2013 Stephen O'Dell Pleadings statement; email to defense counsel re the same 0.6 Multiple email exchanges and telephonic conference with defense counsel re joint status conference statement and status of requested

06/19/2013 Stephen O'Dell Communication discovery items 0.6

06/19/2013 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1 Email from Mr. Lacunza: receipt and review of revisions to joint status conference statement:

06/19/2013 Stephen O'Dell Communication further email exchange with defense counsel 0.4 Miscellaneous Examine and finalize Status Conferene

06/20/2013 Susan McGrath Case Activity Statement for a-filing and e-service. 0.6 Telephone conference with mediator; e-memo to

06/24/2013 Stephen O'Dell Communication file re the same 0.5 Extended telephone conference with Ms. Miller

06/26/2013 Stephen O'Dell Communication re status 0.4

07/01/2013 Stephen O'Dell Communication Brief email exchange with mediator 0.1 Draft Third Amended Complaint; email to

07/05/2013 Stephen O'Dell Pleadings defense counsel re the same 2.4 order re production of requested discovery Items:

Miscellaneous evaluate options; prepare email to defense 07/11/2013 Stephen O'Dell Case Activity counsel 0.6

California. Begin calling each store for information on their General and/or Store

Miscellaneous Manager. Prepare Notices of videotaped 07/12/2013 Jeannine Hawkes Case Activity Deposition for 8 store managers. 4

Telephone conference with Judge Velasquez re 07/15/2013 Stephen O'Dell Communication lack of communication from Mr. Lacunza 0.2

07/15/2013 Stephen O'Dell Communication Brief email exchange with Mr. Lacunza 0.1 Prepare for and conduct lengthy telephone conference with Mr. Lacunza re amended pleadings, production of discovery items. motion to compel, depositions of store managers, and

07/15/2013 Stephen O'Dell Communication progress of ongoing mediation efforts 1.2 Miscellaneous Note to f ile re conversation with Judge

07/15/2013 Stephen O'Dell Case Activity Velasquez 0.1 Brief email exchange with Judge Velasquez re

07/15/2013 Stephen O'Dell Communication update 0.1 Research and evaluate viability of stand-alone PAGA claim, in light of recent ruling by U.S. Dist.

07/15/2013 Stephen O'Dell Research - Legal Court in Cunningham v. Leslie's 2.5

07/15/2013 Stephen O'Dell Communication Subsequent brief email exchange with mediator 0. 1 Prepare for and conduct extended meet and confer conference with Mr. Lacunza re discovery

07/17/2013 Stephen O'Dell Communication issues and mediation issues 1.2 Email to Mr. Lacunza. summarizing and documenting agreements from meet and confer

07/1712013 Stephen O'Dell Communication conference 0.2


Receipt and review of five emails from Mr. Lacunza (with attachments): brief receipt and review of over 2,500 pages of updated personnel

07/18/2013 Stephen O'Dell Communication policies: email to Mr. Lacunza re missing pages 1.2

Prepare for and conduct meet and confer with Mr. Lacunza; subsequent email re non-receipt of additional documents; subsequent email re

07/19/2013 Stephen O'Dell Communication receipt of documents 0.4 Case Management

07/22/2013 Adrian Bacon Meeting Attorney Meeting 0.2 Case Management

07/22/2013 Stephen O'Dell Meeting Review file re status and meet with Mr. Marlin 0 .7

07/22/2013 Stephen O'Dell Communication Brief email exchange with Mr. Lacunza 0.1 Detailed email to Mr. Lacunza confirming agreements from meet and confer conference;

07/23/2013 Stephen O'Dell Communication brief conference with Ms. Raanan re the same 0.3 Prepare for and conduct meet and confer conference with Mr. Lacunza re production of

07/23/2013 Stephen O'Dell Communication data. documents, etc. 0 .6 Review file re status of depositions of store

07/24/2013 Stephen O'Dell Communication managers; email to Mr. Lacunza re the same 0.2 Prepare for and conduct further meet and confer conference with Mr. Lacunza re deposition

07/25/2013 Stephen O'Dell Communication scheduling and data production 0.4 Multiple additional email exchanges with Mr.


Receipt of email from Mr. Lacunza re depoenents' availability for depositions; meet

Miscellaneous with Mr. Marlin and Ms. Raanan re the same;

07/25/2013 Stephen O'Dell Case Activity revise proposed schedule: email to Mr. Lacunza 1.1 Email from Mr. Lacunza re deposition of Gus

07/26/2013 Stephen O'Dell Communication Tinajero 0.1 Prepare for and conduct meet and confer conference with Mr. Lacunza re deposition

07/26/2013 Stephen O'Dell Communication scheduling and data production 0.8 Miscellaneous Prepare note to file re meet and confer with Mr.

07/26/2013 Stephen O'Dell Case Activity Lacunza 0.3

emails to/from Mr. Lacunza; evaluate schedules, availability and status; multiple responses to select emails; prepare revised schedule and confer with Mr. Marlin and Ms. Raanan re the

07/26/2013 Stephen O'Dell Communication same 0.6 Review 2010 Coworker Handbook and 2013 Management Policies and evaluate use of

07/26/2013 Stephen O'Dell Depositions selected items for depositions of store managers 3 .2 Begin drafting outline for general use at

07/26/2013 Stephen O'Dell Depositions depositions of store managers 3 Review file re factual support for motion to

Motions . compel production of data ; begin drafting 07/26/2013 Stephen O'Dell Discovery declaration of Louis M. Marlin in support 0.4

Review deposition transcripts and documents to

07/28/2013 Hanna B. Raanan Depositions prepare for store general manager depositions 5 Miscellaneous

07/29/2013 Hanna B. Raanan Case Activity Revise deposition outline per LMM comments 1.8 Miscellaneous

07/29/2013 Hanna B. Raanan Case Activity Prepare combined deposition outline 0.5


Continue reviewing documentation produced by defendants: select documents for use at depositions of store managers; continue preparation of outline for store manager

07/29/2013 Stephen O'Dell Depositions depositions 3.2 Prepare for and conduct further meet and confer with Mr. Lacunza re data production and

07/2912013 Stephen O'Dell Communication deposition items: note to file re the same 0.6

Begin reviewing updated Kronos time (actuals/rounded) produced by defendants on 7126/13: revise deposition outline In light of

07/29/2013 Stephen O'Dell Document Review potential issues arising from the data 3 Email to Mr. Lacunza re privileged status of "Pay

07/29/2013 Stephen O'Dell Communication to the Minute" tlmeline 0.1

07/29/2013 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1 Email from Mr. Lacunza (with attachment); begin

07/29/2013 Stephen O'Dell Document Review evaluating sample Kronos scheduling data 1.3 Continue evaluating sample Kronos scheduling

07/29/2013 Stephen O'Dell Document Review data; email to Mr. Lacunza re the same 0.4 Case Management Prepare for and meet with Mr. Marlin re

07/29/2013 Stephen O'Dell Meeting alternatives to motion to compel production 0.2 Receipt and review of phone message from Mr. Lacunza; telephone call to Mr. Lacunza (left

07/29/2013 Stephen O'Dell Communication volcemail message) 0.1 Draft stipulation and proposed order re filing of

07/29/2013 Stephen O'Dell Pleadings Third Amended Complaint 0.4 Miscellaneous

07/30/2013 Hanna B. Raanan Case Activity Prepare exhibits for deposition 0.3 Attend deposition of G. Tinejero. store manager

07/30/2013 Hanna B. Raanan Depositions for Costa Mesa Ikea store 3.5 Tinajero (including pre-deposition conference with defense counsel and post-deposition conference re deposition scheduling with

07/30/2013 Stephen O'Dell Depositions defense counsel) 4.1 Prepare for and attend telephonic conference

Miscellaneous with Judge Andler and defense counsel re

07/30/2013 Stephen O'Dell Case Activity pending discovery Issues 0.5

07/30/2013 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1 Email to Mr. Lacunza re documenting telephonic hearing with court and current status of

07/30/2013 Stephen O'Dell Communication Sacramento deposition 0.2


07/31/2013 Stephen O'Dell Communication Receipt and review of email from Mr. Lacunza 0.1

07/31/2013 Stephen O'Dell Communication Telephone conference with Mr. Lacunza 0.3 Prepare for and conduct meet and confer conference with Mr. Lacunza re deposition

07/31/2013 Stephen O'Dell Communication scheduling (store managers) 0.4 Miscellaneous Evaluate proposed modifications to deposition

07/31/2013 Stephen O'Dell Case Activity schedule: discuss the same with Mr. Marlin 0.5

08101/2013 Stephen O'Dell Communication Brief, multi-email exchange with Mr. Lacunza 0.1

08/01/2013 Stephen O'Dell Communication Brief email exchange with Mr. Lacunza 0.1

08/01/2013 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.2 Multiple conferences with Ms. Raanan re

08/0112013 Stephen O'Dell Communication deposition scheduling 0.4 Prepare email to Mr. Lacunza re further handling of the deposition scheduling issues and with

08101 /2013 Stephen O'Dell Communication proposed schedule 0.4

MarlinlSaltzman, LLP Page 35 Miller v. Ikea Time Report

Evaluate status of store manager depositions and progess on obtaining information for payroll and adminstration manager depositions; email to

08/05/2013 Stephen O'Dell Communication Mr. Lacunza re the same 0.5

08/05/2013 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1 Miscellaneous Prepare detailed note to file re meet and confer

08/05/2013 Stephen O'Dell Case Activity with Mr. Lacunza 0.5 Continue to work on oppositions to defendants'

08/05/2013 Stephen O'Dell Motions - General motions 2 Extended telephonic meet and confer with Mr. Lacunza re status of data production and

08/05/2013 Stephen O'Dell Communication deposition scheduling

Prepare for and attend deposition of Jim Tilley (Including post-deposition conference with

08/06/2013 Stephen O'Dell Depositions defense counsel) 5.4 Review status and email Mr. Lacunza re potential new mediators and confirming the

08/0712013 Stephen O'Dell Communication deposition schedule 0.2 Multiple telephone conferences with several

08/07/2013 Stephen O'Dell Communication mediators re availability; e-memo re the same 0.5

08/07/2013 Stephen O'Dell Communication Email to Mr. Hart re developments in the case 0.3 Subsequent email to Mr. Lacunza re potential

08107/2013 Stephen O'Dell Communication second mediation dates 0.1 Receipt and review of two DVRs with Kronos Scheduling Data re: 1 J West Sacramento; 2)

08/07/2013 Stephen O'Dell Document Review Covina ; and 3) Burbank stores 0.3

08/07/2013 Stephen O'Dell Communication Email exchange with Mr. Hart 0.1 Prepare for and conduct further meet and confer with Mr. Lacunza re data production and potential mediators/mediation dates; prepare

08/08/2013 Stephen O'Dell Communication detailed note to file re the same Telephone call to Mr. Rudy's office; telephone

08/08/2013 Stephen O'Dell Communication call to Mr. Rotman's office 0.2 Evaluate need for data consultant to process

Miscellaneous recent data provided by defendants; email to Mr. 08/08/2013 Stephen O'Dell Case Activity Lacunza re production of data 0.3

Email from Mr. Lacunza; review file re status on mediation issues and assess status of data

08/09/2013 Stephen O'Dell Communication production; email to Mr. Lacunza 0.4 Email exchange with Mr. Lacunza re status of data production and scheduling of next meet and

08/09/2013 Stephen O'Dell Communication confer session 0.2

08/09/2013 Stephen O'Dell Communication Email exchange with Mr. Rotman's office 0.1 Receipt and review of voicemaii from Mr.

08/09/2013 Stephen O'Dell Communication Lacunza 0.1 Telephone call to Mr. Lacunza (not in the office·

08/09/2013 Stephen O'Dell Communication left detailed voice mail message) 0. 1 defense counsel (re schedule data for Carson, East Bay, San Diego, and East Palo Alto· not

08/09/2013 Stephen O'Dell Document Review reviewed) 0. 1 Telephone conference with Mr. Lacunza; confer wit Mr. Marlin; email to Mr. Lacunza re mediation

08/12/2013 Stephen O'Dell Communication settings 0.4 Telephone conference with Justice Trotter's office; telephone call to Justice Trotter's office (left message); multiple email exchange with Justice Trotter's o ffice; multiple email exchanges

08112/2013 Stephen O'Dell Communication with Mr. Lacunza 0.4


Case Management production. mediation arrangements. and 08/ 12/2013 Stephen O'Dell Meeting deposition schedule 0.3


08/12/2013 Stephen O'Dell Communication Brief email exchange with Mr. Lacunza 0.1 Receipt and review of DVD containing final installation of production of Kronors scheduling

08/12/2013 Stephen O'Dell Document Review data (not reviewed) 0.1 Subsequent telephone conference with Mr. Lacunza; e-memo re the same; multiple subsequent email exchanges with Mr. Lacunza;

08/12/2013 Stephen O'Dell Communication confer with Mr. Marlin re the same 0.4


08/13/2013 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Email from Mr. Lacunza re mediation scheduling; review notes and calendar; prepare responding

08/1 3/2013 Stephen O'Dell Communication email 0.2 Prepare for and conduct multiple subsequent telephone conferences with Mr. Lacunza; confer

08/13/2013 Stephen O'Dell Communication with Mr. Marlin re the same 0.5 Telephone conference with Mr. Lacunza re mediation scheduling or alternatives for moving

08/14/2013 Stephen O'Dell Communication forward 0.2 Telephone conference with Mr. Lacunza re

08/14/2013 Stephen O'Dell Communication mediation scheduling 0.3 Email exchange with Mr. Lacunza re mediation

08/14/2013 Stephen O'Dell Communication scheduling 0.2

08/14/2013 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1 Miscellaneous Meet with Ms. Miller re status, progress and

08/ 15/2013 Stephen O'Dell Case Activity mediation issues 0.4 Multiple emails from Mr. Lacunza; email to Mr.


08/15/2013 Stephen O'Dell Communication Subsequent email exchange with Mr. Lacunza 0.1 Subsequent email to Mr. Lacunza re efforts to

08/15/2013 Stephen O'Dell Communication confirm mediation date 0.1 discovery; multiple email exchange with Mr.


08/16/2013 Stephen O'Dell Communication Subsequent email exchange with Mr. Lacunza 0.1 Receipt and review of multiple emails from mediator requesting information; prepare

08/17/2013 Stephen O'Dell Communication responding email 0.3

08/19/2013 Stephen O'Dell Communication Brief email exchange with mediator 0.1

08/21/2013 Stephen O'Dell Communication Email exchange with mediator 0.1 Email exchange with Mr. Hart re resumption of

08/26/2013 Stephen O'Dell Communication mediation and strategies 0.2 Case Management Meet w/ Stephen O'Dell re data analysis of time

08/27/2013 Adrian Bacon Meeting punch records 0.2 Miscellaneous Assist with analysis of time punch data for

08/27/2013 Adrian Bacon Case Activity mediation 3.5

08/27/2013 Stephen O'Dell Communication Email from Mr. Hart 0.1 Case Management

08/29/2013 Adrian Bacon Meeting Meet w/ Stephen O'Dell re data analysis project 0.2 Miscellaneous Data analysis of time punch records for

08/2912013 Adrian Bacon Case Activity mediation 7 Email from Mr. Lacunza (with attachment); receipt and review of letter advising of revisions

08/2912013 Stephen O'Dell Communication to Tinajero testimony 0.2


Miscellaneous Meet with Mr. Bacon re updating prior data and 08/29/2013 Stephen O'Dell Case Activity damages analysis , etc. 0.5

Case Management 09/0312013 Samantha Smith Meeting discuss at attorney meeting 0.2

Miscellaneous 09t03/2013 Adrian Bacon Case Activity Analysis of time punch data for mediation 2.5

Case Management Prepare for and meet with Mr. Martin, et al., re

09t03t2013 Stephen O'Dell Meeting status 0.4 Case Management Meet w/ Stephen O'Dell re Analysis of time

09t04/2013 Adrian Bacon Meeting punch data for mediation 0.5 Miscellaneous

09t04t2013 Adrian Bacon Case Activity Analysis of lime punch data for mediation 7 Prepare for and meet with Mr. Bacon re revising

Case Management data analysis in preparation for upcoming 09t04/2013 Stephen O'Dell Meeting meeting with defense counsel 0.5

Case Management Meet wt Stephen O'Dell re Analysis of time 09105/2013 Adrian Bacon Meeting punch data for mediation 0.5

Analysis of time punch data for mediation and Miscellaneous preparation for pre-mediation meeting w/

09t05t2013 Adrian Bacon Case Activity defense counsel 3 Miscellaneous

09t05t2013 Adrian Bacon Case Activity Draft memo re revised damages analysis 3 scheduling informal damages discussion

09/05t2013 Stephen O'Dell Communication meeting 0.2 Review and evaluate revised damages analysis:

09t05/2013 Stephen O'Dell Mediation discuss the same with Mr. Bacon 0.6

09t06/2013 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Miscellaneous

09t09/2013 Adrian Bacon Case Activity Analysis of time punch data for mediation 0.5 Receipt and review of letter (with CD endosure •

09/09/2013 Stephen O'Dell Communication not reviewed) from defense counsel 0.1 Case Management Meetings wt Lou Marlin re Analysis of time punch

09t10t2013 Adrian Bacon Meeting data for mediation 0.3 Case Management Attend pre-mediation meeting wt defense

09/10/2013 Adrian Bacon Meeting counsel 0.9 Miscellaneous Continued analysis of time punch data for

09/10/2013 Adrian Bacon Case Activity mediation 3 Prepare for and attend pre-mediation meeting

09t10t2013 Louis M. Marlin with defense counsel to review damage analysis 3 Prepare for and attend pre-mediation conference

09t10t2013 Stephen O'Dell Mediation with defense counsel 3.6 Receipt and review of correspondence from Mr.

09/13t2013 Stephen O'Dell Communication Lacunza re Mr. Tilley's deposition transcript 0.1 Prepare draft of joint status conference

09t1712013 Stephen O'Dell Pleadings statement: email to defense counsel re the same 0.9 Email exchange with Ms. Lynch (with attachment • reviewed): final preparations of Joint Status

09/17t2013 Stephen O'Dell Communication Conference Statement 0.2 Prepare and assemble findings in data analysis

Miscellaneous project into Powerpoint presentation to be used 09t19t2013 Adrian Bacon Case Activity at mediation 5

Telephone conference with Dept. CX-101 derk; email to defense counsel re continuance of

09/20/2013 Stephen O'Dell Communication Status Conference 0.2 Prepare and draft findings in data analysis

Miscellaneous project into Powerpolnt presentation to be used

09t22/201 3 Adrian Bacon Case Activity at mediation and in pre-mediation meetings 4 Prepare and draft findings in data analysis

Miscellaneous project Into Powerpoint presentation to be used 09/23t2013 Adrian Bacon Case Activity at mediation and in pre-mediation meetings 3.2


Case Management 09/23/2013 Adrian Bacon Meeting 0.8

Consult with Mr. Bacon re, and view and critique, 09/23/2013 Stephen O'Dell Mediation presentation re damages and calculations

Revise findings in data analysis project into Miscellaneous Powerpolnt presentation to be used at mediation

og/24/2013 Adrian Bacon Case Activity and in pre-mediation meetings 2.5 Case Management

09/24/2013 Adrian Bacon Meeting Emalls w/ counsel re pre-mediation meeting 0.1 Brief, subsequent email exchange with Mr.

09/24/2013 Stephen O'Dell Communication Lacunza 0.1 Multiple email exchanges with Mr. Lacunza re re-

09/2412013 Stephen O'Dell Communication scheduling meeting of counsel 0.3 Review file re status; review and execute confidentiality agreement re mediation; email to

09/27/2013 Stephen O'Dell Communication mediator re the same 0.5 Prepare for pre-mediation meeting, revise

Miscellaneous powerpoint presentation and gather notes for 09/30/2013 Adrian Bacon Case Activity discussion. 3

Case Management 09/30/2013 Adrian Bacon Meeting Pre-mediation meeting wt defense counsel 3

Phone call w/ expert John Robinson re data 09/30/2013 Adrian Bacon Communication analysis 0.8

Meeting with Defense counsel regarding Ikea's Case Management damages calculations in preparation for

09/30/2013 Hanna B. Raanan Meeting mediation on 10/11/13 2.3 Attend pre-mediation meeting with defense

09/30/2013 Louis M. Marlin Mediation counsel 2 Prepare for and participate in pre-mediation session with defense counsel, in advance of

09/30/2013 Stephen O'Dell Mediation second mediation session 4

File research re prior damages calcualtions, seeking to isolate areas where parties have major disagreements; extended telphone conference with data consultant; confer with Mr.

09/30/2013 Stephen O'Dell Mediation Bacon and Ms. Raanan re the same 2.8 Phone call w/ expert John Robinson re data

10/01/2013 Adrian Bacon Communication analysis 0.3 Case Management

10/01/2013 Adrian Bacon Meeting Meetings w/ Stephen O'Dell re damages analysis 0.8 Miscellaneous

10/01/2013 Adrian Bacon Case Activity Revise analysis of time punch data for mediation 2.8 Emails w/ defense counsel re damages analysis

10/01/2013 Adrian Bacon Communication questions 0.5 Conference with Mr. Bacon re results of data review and further consultations with data

10/01/2013 Stephen O'Dell Mediation consultant; develop plan for further handling 0.4 Further discussions with Mr. Bacon and Ms.

10/01/2013 Stephen O'Dell Mediation Raanan re data issues 0.3

10/01/2013 Stephen O'Dell Communication Brief telephone conference with data consultant 0 .1 Begin drafting mediation brief for 10/1 1 /13

10/01/2013 Stephen O'Dell Mediation mediation 1.3 Review proposed mediation brief for second

10/03/2013 Louis M. Marlin Mediation mediation and direct changes in same.

Continue preparation of initial draft of mediation brief for second mediation; multiple revisions to the same; brief legal research re legal authorities

10/03/2013 Stephen O'Dell Mediation published since prior mediation 6.5


Marlin to the mediation brief; locate and assemble exhibits to brief; make final revisions

10/04/2013 Stephen O'Dell Mediation to brief 1.6 Multiple conferences with Mr. Bacon re status of and modifications to damages analysis for

10/04/2013 Stephen O'Dell Mediation mediation 0.5

10/04/2013 Stephen O'Dell Communication Brief email exchange with Mr. Lacunza 0.1 Multiple conferences with Mr. Bacon re further revisions to the damages analysis; review and

10/04/2013 Stephen O'Dell Mediation evaluate fully revised damages summary 0.7 Motions - Class Continue working on reply to opposition to

10/04/2013 Stephen O'Dell Certification motion for class certification 1.6 Miscellaneous Revisions to damages analysis figures for

10/05/2013 Adrian Bacon Case Activity mediation 0.5 Case Management

10/05/2013 Adrian Bacon Meeting Meet w/ Stephen O'Dell re damages analysis 0.3 Phone call wl defense counsel re damages

10/05/2013 Adrian Bacon Communication analysis questions & mediation issues 0.3 Miscellaneous Analysis of time punch data for use at mediation

10/07/2013 Adrian Bacon Case Activity as proof of damages 2 Miscellaneous Revisions to Powerpoint presentation for

10/0712013 Adrian Bacon Case Activity mediation 1.2 Miscellaneous

10/09/2013 Adrian Bacon Case Activity Revisions to damages analysis Case Management

10/0912013 Adrian Bacon Meeting Meeting w/ Stephen O'Dell re mediation 0.4 Review and finalize updated damages matrix;

10/09/2013 Stephen O'Dell Communication email to mediator re the same (with attachment) 0.7 Miscellaneous

10110/2013 Adrian Bacon Case Activity Prepare for mediation presentation

Begin preparing for mediation: multiple meetings with Mr. Marlin, Mr. Bacon, and/or Ms. Raanan

10/10/2013 Stephen O'Dell Mediation re the same 2.6

10/10/2013 Stephen O'Dell Communication Telephone conference with Alicia re-

0.3

10/10/2013 Stephen O'Dell Mediation Draft MOU for use at mediation 0.6 Travel to and from and attend mediation in San

10/11/2013 Adrian Bacon Mediation Fransisco 18.4

10/11/2013 Louis M. Marlin Mediation Travel to and attend mediation in San Francisco 18.4 Prepare for and attend mediation in San

10/1 1/2013 Stephen O'Dell Mediation Francisco (includes travel to/from San Francisco) 18.4 Emails to and from S. Lacunza re: resetting depositions in event of no settlement after

10/14/2013 Hanna B. Raanan Communication expiration of mediator's proposal 0.3 E·memo to file re conversations with defense counsel at the airport after the mediation; note to

10/1412013 Stephen O'Dell Mediation file re status 0.3 Miscellaneous Email from SPO re: status conference statement

10/15/2013 Hanna 8. Raanan Case Activity post-mediation 0.1 Email to S. Lacunza re; joint status conference

Miscellaneous statement; Review joint status conference 10/18/2013 Hanna B. Raanan Case Activity statement; approve 0.4

Miscellaneous Meet with SPO and LMM re: mediator's 10/21/2013 Hanna B. Raanan Case Activity proposal; confer on response 0.2

Miscellaneous Review notice of continuance of further status 10/21/2013 Hanna B. Raanan Case Activity conference 0.1

Telephone call with D. Rotman. mediator. regarding parties acceptance of mediator's

10/21/2013 Hanna B. Raanan Communication proposal; email LMM and SPO re: same 0.2


Miscellaneous Emails to and from P Hart and SPO re: Ikea's 10/22/2013 Hanna B. Raanan Case Activity acceptance of mediator's proposal 0.3

Preparation of Settlement

10/2212013 Hanna B. Raanan Documents Begin preparing MOU/Settlement Agreement 2.4 Miscellaneous

10/22/2013 Stephen O'Dell Case Activity Prepare memorandum of appearance 0.3 Miscellaneous Prepare for and attend Further Status

10/22/2013 Stephen O'Dell Case Activity Conference 3.8

10/22/2013 Stephen O'Dell Communication Detailed email exchange with Mr. Hart 0.3 Detailed email to Ms. Miller re status. settlement.

10/22/2013 Stephen O'Dell Communication and further handling 0.3 Very rough calculations of "bare bones loadstar"

Settlement that the court indicated needs to be part of 10/22/2013 Stephen O'Dell Approval Actions motion for preliminary approval 0.5

Research on standing. UCL & Labor Code for 10/24/2013 Adrian Bacon Research • Legal memo to SPO 2

Research standing under UCL & Labor code for former employees in preparation of 2nd

10/25/2013 Adrian Bacon Research • Legal Amended Complaint; meet w/ SPO re same 3.2 Work on settlement agreement following notification or all parties' acceptance of

10/25/2013 Hanna B. Raanan Mediation mediator's proposal 2.5 Preparation of Settlement

10/28/2013 Hanna B. Raanan Documents Continue preparing settlement agreement 4.1 Settlement Begin review and revision or draft of settlement

10/31/2013 Stephen O'Dell Approval Actions agreement 0.5 Email from Slmplurls re timetable for submitting

11/01/2013 Stephen O'Dell Communication bid 0.1 Finish revising draft of settlement agreement

Settlement (including emails to defense counsel re requests 11/01/2013 Stephen O'Dell Approval Actions for infonnation) 1.2

Email to Simpluris re request for bid for claims 11/01/2013 Stephen O'Dell Communication administration duties 0.1

Miscellaneous emails with SPO re: settlement agreement and 11/04/2013 Hanna B. Raanan Case Activity revisions pursuant thereon 0.5

Case Management Meeting with SPO re: settlement agreement 11/04/2013 Hanna B. Raanan Meeting revisions 0.3

Cotninue factual research and revisions to draft Settlement of settlement agreement (including emails to

11/04/2013 Stephen O'Dell Approval Actions mediator and consultant) 2 Email exchange with data consultant (with

11/04/2013 Stephen O'Dell Communication attachment· reviewed) 0.2 Email exchange with Epiq re details of

11/0412013 Stephen O'Dell Communication settlement for preparation of their bid 0.2 attachment· reviewed) re bid for claims

11/04/2013 Stephen O'Dell Communication administrator duties 0.2 Email exchange with IL YM Group re specifics of

11/04/2013 Stephen O'Dell Communication settlement for purposes of their bid 0.1 Email to Mr. Hart re draft of settlement

11/0412013 Stephen O'Dell Communication agreement 0.1 Email exchange with Simplurfs (with attachment •

11/04/2013 Stephen O'Dell Communication reviewed) 0.1 Emails to Epiq and IL YM Group re bids for

11104/2013 Stephen O'Dell Communication claims administration duties 0.1 Preparation of Review SPO and LMM comments and edits to Settlement settlement agreement; make revisions (version

11/05/2013 Hanna B. Raanan Documents 2) 1.6


Preparation of Settlement Review and revise version three of settlement

11/05/2013 Hanna B. Raanan Documents agreement per LMM comments 1.9 Preparation of Settlement Final revision of settlement agreement; prepare

11/05/2013 Hanna B. Raanan Documents for emailing to Ikea's counsel 0.8 Preparation of Settlement Prepare opt-out form. exhibit to settlement

11/05/2013 Hanna 8 . Raanan Documents agreement 0.4 Preparation of Settlement Prepare Notice of Settlement (exhibit to

11/05/2013 Hanna 8. Raanan Documents settlement agreement) 0.5 Preparation of Settlement Prepare Notice of automatic settlement amount

11/05/2013 Hanna 8 . Raanan Documents (exhibit to settlement agreement} 0.3 Email final settlement agreement to S. Lacunza

11/05/2013 Hanna 8 . Raanan Communication for Ikea's review and execution 0.1 Review status of draft of settlement agreement; assess impact of need for Spanish version of settlement on the claims administration costs;

11/05/2013 Stephen O'Dell Communication email to defense counsel re the same 0.3 Settlement Review and revise multiple drafts of settlement

11/05/2013 Stephen O'Dell Approval Actions agreement 1.4 Miscellaneous Multiple conferences with Ms. Raanan re draftlng

11/05/2013 Stephen O'Dell Case Activity of settlement agreement 0.6 Telephone conference with Mr. Lacunza re details of settlement agreement (for draft); e·

11/05/2013 Stephen O'Dell Communication memo re the same 0.3 Settlement Review and revise drafts of Opt Out form and

11/05/2013 Stephen O'Dell Approval Actions Notice of Class Action Settlement 0.6 Emails to and from SPO re: notice of settlement

11/06/2013 Hanna B. Raanan Communication and related forms 0.2 Email to S. Lacunza re: exhibits to settlement agreement i.e. notice of settlement, claims form,

11/06/2013 Hanna B. Raanan Communication opt-out form, etc. 0.1 Settlement Review, evaluate, and comment on draft of

11/06/2013 Stephen O'Dell Approval Actions estimate of settlement share 0.2 Case Management Review file and meet with Mr. Marlin re status

11/07/2013 Stephen O'Dell Meeting and further handling 0.2 Review file and prepare draft of Joint Status Conference Statement: email to defense counsel

11/12/2013 Stephen O'Dell Pleadings re the same 0.4 Email to Mr. Lacunza re continuance of Status

11/19/2013 Stephen O'Dell Communication Conference 0.2 Prepare notice of continuance of further status

11/1 9/2013 Stephen O'Dell Pleadings conference 0.3 Telephone call to Mr. Lacunza; left volcemall

11/2012013 Stephen O'Dell Communication message 0.1


1112112013 Stephen O'Dell Communication Subsequent email to Mr. Lacunza 0.1 Miscellaneous

1112112013 Stephen O'Dell Case Activity Note to file re conversation with Mr. Lacunza 0.1

11121/2013 Stephen O'Dell Communication Brief email exchange with Mr. Lacunza 0.1 Email exchange with Ms. Watson re deposition

11/2112013 Stephen O'Dell Communication scheduling 0.2 Begin preparing motion for preliminary approval

Motions· based on prepared settlement agreement (not 1210212013 Hanna B. Raanan Settlement executed by Ikea yet) 3


Assess status of execution of settlement agreement; email exchange with Ms. Lynch re

1210312013 Stephen O'Dell Communication the same 0.3 Email from Mr. Hart; multiple emails to Mr. Hart (with attachments) re preliminary planning re

1210412013 Stephen O'Dell Communication motion for preliminary approval of settlement 0.4 Subseuqent email exchanges with Mr. Hart (with attachments - reviewed); email to Mr. Lacunza re proposed revisions (with attachment) to

1210412013 Stephen O'Dell Communication settlement agreement and ciass notice 0.4 Miscellaneous

1210512013 Stephen O'Dell Case Activity Review draft of status conference statement 0.1 Email to Mr. Lacunza re continuance of status

12/0912013 Stephen O'Dell Communication conference 0.1 Prepare initial draft of notice of continuance of

1210912013 Stephen O'Dell Pleadings status conference 0.2 Email to Mr. Hart re continuance of status conference and strategies for future status

1210912013 Stephen O'Dell Communication conference 0.1

1210912013 Stephen O'Dell Communication Email exchange with Mr. Hart 0.1 Miscellaneous Prepare joint status conference statement; email

01/02/2014 Hanna 8 . Raanan Case Activity to S. Lacunza re same 0.4 and posture of case; review draft of status

Miscellaneous conference statement: and assess further 01/02/201 4 Stephen O'Dell Case Activity handling plan 0.3

conference with SPO and S. Lacunza re: Miscellaneous defendant's delay in signing settlement

0110612014 Hanna 8. Raanan Case Activity agreement 0.4 01/0612014 Stephen O'Dell Communication Telephone conference with Mr. Lacunza 0.2

Miscellaneous Prepare memorandum of appearance; email to 0110712014 Stephen O'Dell Case Activity co-counsel re the same 0.3

Email to Mr. Lacunza re timing on motion for 0110712014 Stephen O'Dell Communication preliminary approval 0.1

Miscellaneous Prepare for and attend Further Status 01/07/2014 Stephen O'Dell Case Activity Conference 2.7

Miscellaneous Meet with Alicia re 01108/2014 Stephen O'Dell Case Activity 0.7

Telephone confernce with Alicia re 01/08/2014 Stephen O'Dell Communication 0.2

Email to defense counsel re plaintiff-side signatures for settlement agreement (with

01/1012014 Stephen O'Dell Communication attachment) 0.1 Miscellaneous Emails between SPO and S. Lacunza re:

01 /1412014 Hanna 8 . Raanan Case Activity modifications to settlement agreement 0.4 Miscellaneous Review emails to and from SPO and S. Lacunza

01/14/2014 Hanna B. Raanan Case Activity re: settlement agreement 0.3 Telephone conference with Mr. Hart re status of settlement and motion for preliminary approval ; make minor revisions to class notice and

01/ 14/2014 Stephen O'Dell Communication settlement agreement 0.5

01 /14/2014 Stephen O'Dell Communication Subsequent email exchange with Mr. Lacunza 0.1

Multiple emails from Mr. Lacunza; prepare for and participate In telephone conference with Mr. Lacunza re revisions to draft of settlement agreement; revise settlement agreement and

Settlement Class Notice; email to Mr. Lacunza and Mr. Hart 01/1412014 Stephen O'Dell Approval Actions re revisions 1.9


Multiple email exchanges and telephone conference with Mr. Lacunza re defendants' request for additional modifications to settlement agreement; email to Mr. Lacunza re agreement

01/14/2014 Stephen O'Dell Communication that defendants may modify and sign 0.4 Motions - Research re: preliminary approval motions: begin

01 /15/2014 Hanna B. Raanan Settlement preparing prelimlnery approval motion 4.2

Prepare for and participate in multiple telephonic conferences with Mr. Lacunza re settlement agreement; confer with Ms. Raanan and Mr.

01/15/2014 Stephen O'Dell Communication Marlin re the same 0.7 Email exchange with Mr. Lacunza re status of

01/15/2014 Stephen O'Dell Communication defendants' signature page 0.2 Telephone conference with Mr. Lacunza re prior Individual settlement offers; review file re prior

Settlement settlement offers to Alicia; email to Mr. Lacunze 01/1612014 Stephen O'Dell Approval Actions re request for enhancement award 0.6

01/16/2014 Stephen O'Dell Communication Brief telephone conference with Mr. Lacunza 0.1 Subsequent email exchange with Mr. Lacunza (with attachment - reviewed defendants' revisions to the settlement agreement); e-memo

01/1712014 Stephen O'Dell Communication to file re the same 0.2

01 /1712014 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Motions - Prepare draft of motion for preliminary approval

01/21 /2014 Hanna B. Raanan Settlement for SPO review 3.4 Email to Mr. Lacunza: brief telephone

01/21/2014 Stephen O'Dell Communication conference with Mr. Lacunza 0.2 Lacunza re final revisions to settlement

01/21/2014 Stephen O'Dell Communication agreement 0.1

Subsequent telephone conference with Mr. Lacunza; subsequent email from Mr. Lacunza with multiple attachments (reviewed - 1) redlined settlement agreement; 2) pdf settlement agreement; and 3) defense counsel's signature);

01/21/2014 Stephen O'Dell Communication email to Mr. Lacunza; telephone c 0.8 deadline for motion for preliminary approval; e·

Miscellaneous memo re steps to take to consummate 01/21 /2014 Stephen O'Dell Case Activity settlement 0.4

Review file re entire history of case including Motions - pleadings. discovery, and settlement efforts, re

01/2112014 Stephen O'Dell Settlement motion for preliminary approval 3.1 Motions -

01/21/2014 Stephen O'Dell Settlement Legal research re motion for preliminary approval 3.2 Motions -

01/21/2014 Stephen O'Dell Settlement Revise motion for preliminary approval 3.1 Subsequent email exchange with Mr. Hart (with

01 /21/2014 Stephen O'Dell Communication attachment - reviewed) 0.1 Email to Mr. Lacunza (with attachment); telephone call to Mr. Lacunza (left detailed

01/22/2014 Stephen O'Dell Communication voicemail message) 0.2 Motions - Continue preparing Initial draft of motion for

01/22/2014 Stephen O'Dell Settlement preliminary approval, exhibits, declarations, etc. 4.4 Email from Mr. Lacunza; telephone conference with Mr. Lacunza re telephonic conference with

01/22/2014 Stephen O'Dell Communication the court: subsequent email to Mr. Lacunza 0.3 101 clerk re arranging telephonic conference with Judge Andler; email to Mr. Lacunza re the

01/22/2014 Stephen O'Dell Communication same 0.3


Additional legal research re common fund vs. loadstar: revise motion for preliminary approval in light of judge's comments; begin preparing

Motions - declaration in support of motion (including review 01/23/2014 Stephen O'Dell Settlement of dates, testimony, etc.) 6.4

Prepare for and conduct telephonic hearing with Judge Andler and Mr. Lacunza re status of settlement agreement and filing of motion for

01 /23/2014 Stephen O'Dell Communication preliminary approval 0.7 Miscellaneous Prepare note to file re telephonic conference with

01/23/2014 Stephen O'Dell Case Activity Judge Andler 0.2 Prepare tables and summary for motion for

Motions· preliminary approval; revise motion and 01/27/2014 Stephen O'Dell Settlement supporting declaration 0.6

Multiple email exchanges with Mr. Lacunza; telephone conference with Mr. Lacunza re status

01/27/2014 Stephen O'Dell Communication of final signature on settlement agreement 0.3

01/27/2014 Stephen O'Dell Communication Email to Mr. Hart 0.1 Motions - Coordinate evidentlary references in motion to

01 /27/2014 Stephen O'Dell Settlement evidence presented In declaration 0.6 Finish reviewing file materials; finish initial draft

Motions· of declaration In support of motion for preliminary

01/27/2014 Stephen O'Dell Settlement approval 4.2 Evaluate status of settlement agreement: re-calculate filing deadline for motion for preliminary approval; email to Mr. Lacunza re signature page

01 /27/2014 Stephen O'Dell Communication for Ikea 0.5 Further factual research re adequacy of counsel

Motions · and loadstar issues: revise declaration in support 01/27/2014 Stephen O'Dell Settlement of motion for preliminary approval 1.2

Settlement Review and approve motion for preliminary

01 /28/2014 Louis M. Marlin Approval Actions approval 0.6 attachment • reviewed final, executed settlement

01/28/2014 Stephen O'Dell Communication agreement) 0.2 Receipt and review of Mr. Hart's declaration in

Motions· support of preliminary approval; email to Mr. Hart

01/28/2014 Stephen O'Dell Settlement with suggested revisions/questions

Cross-check the Hart declaration with O'Dell Motions· declaration and revise motion to provide a

01/28/2014 Stephen O'Dell Settlement combined "bare bones loadstar" 0.3 Email exchange with Mr. Hart (with attachment· review billed separately) re declaration In support of motion for preliminary approval and format for declaration and exhibits in support of motion for

01/29/2014 Stephen O'Dell Communication attorneys fees and costs 0.2 Review of revised declaration of Mr. Hart in

01/29/2014 Stephen O'Dell Document Review support of motion for preliminary approval 0.2 Final revisions. assembly, and approval of

Motions · declaration In support of motion for preliminary

01 /29/2014 Stephen O'Dell Settlement approval and motion for preliminary approval 0.7 Motions· Prepare detailed proposed order granting motion

01/29/2014 Stephen O'Dell Settlement for preliminary approval 2.7 Settlement Attend hearing on motion for preliminary

02/24/2014 Louis M. Marlin Approval Actions approval 2.5 Motions · Prepare for hearing on motion for preliminary

02/24/2014 Stephen O'Dell Settlement approval; prepare notes for use at oral argument 2.2 Email exchange with Slmplurls (Including file review re competing bids and settlement

02/24/2014 Stephen O'Dell Communication agreement) 0.2


Miscellaneous 02/24/2014 Stephen O'Dell Case Activity Prepare detailed memorandum of appearance 0.5

Miscellaneous 02/24/2014 Stephen O'Dell Case Activity Attend hearing re motion for preliminary approval 2.5

Email to Simpluris re delay in approval of

02124/2014 Stephen O'Dell Communication settlement 0.1

02/25/2014 Stephen O'Dell Communication Email from Simpluris 0.1

02/26/2014 Stephen O'Dell Communication Email exchange with Alicia re status 0.2

03/03/2014 Stephen O'Dell Communication Brief email exchange with Mr. Lacunza 0.1 Email to Mr. Hart re proposed modifications to

03/03/2014 Stephen O'Dell Communication settlement agreement 0.1

03/03/2014 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Prepare for and conduct telephonic meet and confer with Mr. Lacunza re employer-side taxes

03/03/2014 Stephen O'Dell Communication issue; note to file re the same 0.5


03/03/2014 Stephen O'Dell Communication Brief email exchange with Mr. Lacunza 0.1 Telephone conference with Mr. Lacunza re defendants' response to proposal to deal with

03/0412014 Stephen O'Dell Communication employer-side taxes 0.1 Evaluate further handling options; multiple email

03/04/2014 Stephen O'Dell Communication exchanges with Mr. Hart re next steps 0.5 Telephone call to Mr. Lacunza (left detailed

03/04/2014 Stephen O'Dell Communication voicemail message) 0.1 Email to Mr. Lacunza re advisement from clerk in

03/04/2014 Stephen O'Dell Communication CX-101 0.1

03/04/2014 Stephen O'Dell Communication Telephone conference with Mr. Hart 0.1

03104/2014 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Telephone conference with clerk from Dept. CX·

03/04/2014 Stephen O'Dell Communication 101 0.1 Telephone call to Mr. Hart (left detailed voicemail

03/04/2014 Stephen O'Dell Communication message) 0.1 revise class notice and accompanying

Settlement documents accordingly; email to Mr. Hart re the 03/05/2014 Stephen O'Dell Approval Actions same 1.8

Prepare for and attend Status Miscellaneous Conference/continued Motion for Preliminary

03/05/2014 Stephen O'Dell Case Activity Approval 2.8 Email to Simpluris re status of approval and re

03/05/2014 Stephen O'Dell Communication estimate on malling date 0.2

03/05/2014 Stephen O'Dell Communication Subsequent email exchange with Mr. Hart 0.1

03/05/2014 Stephen O'Dell Communication Email from Mr. Lacunza 0.1 Miscellaneous Prepare memorandum of appearance and email

03/05/2014 Stephen O'Dell Case Activity to co-counsel re the same 0.3

03/05/2014 Stephen O'Dell Communication Brief. subsequent email exchange with Slmpluris 0.1

03/06/2014 Stephen O'Dell Communication Email to Mr. Hart re drafts of documents 0.1 Multi-email exchange with Mr. Hart (with

03/07/2014 Stephen O'Dell Communication attachment - reviewed revisions to class notice) 0.2

03/07/2014 Stephen O'Dell Communication Email to Mr. Lacunza (with attachments) 0.1


03/12/2014 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Prepare for and conduct telephonic conference

03/13/2014 Stephen O'Dell Communication with Mr. Lacunza: email to Mr. Hart re the same 0.4 Revise amendment to settlement agreement,

Settlement class notice, and notice of anticipated share; 03/13/2014 Stephen O'Dell Approval Actions email to Mr. Lacunza re the same 0.3


Preliminary Approval of Class Action Settlement Motions· and supporting declarations (with exhibits)

03/17/2014 Stephen O'Dell Settlement thereto 3.2 Prepare for and conduct telephonic conference with Mr. Lacunza re status of amendment to

03/1 7/2014 Stephen O'Dell Communication settlement agreement 0.3

03/17/2014 Stephen O'Dell Communication Email exchange with Ms. Miller re status 0.1 Email to Mr. Hart re Amendment to Settlement

03/17/2014 Stephen O'Dell Communication Agreement 0 .1

03/17/2014 Stephen O'Dell Communication Email from Mr. Hart 0.1 Brief email exchange with Mr. Hart (with

03/18/2014 Stephen O'Dell Communication attachment) 0.1 Telephone call to Mr. Lacunza (left voicemail

03/18/2014 Stephen O'Dell Communication message) 0.1

03/18/2014 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Motions· Prepare new proposed order re motion for

03/18/2014 Stephen O'Dell Settlement preliminary approval 0.4 Motions· Final review and revisions to Supplemental Brief,

03/19/2014 Stephen O'Dell Settlement supporting declaration, and new proposed order 1.1 Multiple telephone calls to Mr. Lacunza's assistant (Katie) re signature page for

03/19/2014 Stephen O'Dell Communication amendment to settlement agreement 0.2 Telephone conference with Alicia re status of settlement and re evidence we will need for supporting enhancement request; note to file re

03/19/2014 Stephen O'Dell Communication the same 0.4

03/19/2014 Stephen O'Dell Communication Email to Mr. Lacunza 0.1 Multple telephone calls to and telephonic conferences with Mr. Lacunza and/or Mr. Lacunza's assistant (Katie) re status of signature page for amendment; conferences with Mr.

03/19/2014 Stephen O'Dell Communication Marlin and Ms. Raanan re the same 0.7 Telephone call to Mr. Lacunza (left voicemail

03/19/2014 Stephen O'Dell Communication message) 0.1 Review notes and prepare email to Mr. Lacunza

03/20/2014 Stephen O'Dell Communication re modification to preliminary approval timetable 0.2 Brief email exchange with Simpluris re delay in

03/20/2014 Stephen O'Dell Communication preliminary approval 0.1 Review file re status: assess remaining revisions to be made to supplemental brief and

03/2512014 Stephen O'Dell Communication accompanying documents; email to Mr. Lacunza 0.3

Telephone conference with Mr. Lacunza; email exchange with Mr. Lacunza (with multiple attachments); revise Supplemental Brief in Support of Motion for Preliminary Approval: also

Motions· revise supporting declaration, proposed order,

03/26/2014 Stephen O'Dell Settlement and exhibits 1.6 Miscellaneous Prepare detailed memo of appearance; email to

04/07/2014 Stephen O'Dell Case Activity co-counsel re the same 0.5 Motions· Prepare for and attend (non-appearance) hearing

04/07/2014 Stephen O'Dell Settlement re motion for preliminary approval of settlement 2.7 Multiple email exchange with Mr. Lacunza; brief

04/07/2014 Stephen O'Dell Communication telephone conference with Mr. Lacunza 0.3 Motions - Prepare notice of ruling re granting of preliminary

04/07/2014 Stephen O'Dell Settlement approval 0.3


Revise Class Notice. per court's instructions: review Notice of Anticipated Settlement Share and Opt-Out form re need for revisions: prepare email to settlement administrator (with

04/0812014 Stephen O'Dell Communication attachments and schedule) 0.7

Subsequent email exchange with settlement administrator (with attachments) re additional

04/08/2014 Stephen O'Dell Communication documents requested 0.2 Email from settlement administrator (with multiple attachments - reviewed); email to

0411412014 Stephen O'Dell Communication settlement administrator 0.4

04/1512014 Stephen O'Dell Communication Email exchange with settlement administrator 0.1 Receipt and review of copy of email from settlement administrator to defense counsel (with

04/17/2014 Stephen O'Dell Communication attachments) 0.1

Receipt and review of email from settlement administrator re defendants' failure to meet deadline for supplying contact information for class members; confer with Ms. Raanan re

Case Management telephone conference she had with Mr. Lacunza;

04/30/2014 Stephen O'Dell Meeting review settlement agreement, or

Email from settlement administrator re status of

05/05/2014 Stephen O'Dell Communication mailing notice pacilets 0.1 Receipt of copy of email from defense counsel to administrator re status of providing contact

05105/2014 Stephen O'Dell Communication information 0.1 Confer with Ms. Raanan re her conversation with

Case Management Mr. Lacunza on 5/5/14 and consider implications

05106/2014 Stephen O'Dell Meeting of defendants' position 0.2

Consider defendants' lack of approval of forms, etc., and potential impact on schedule approved by the court for claims administration purposes; email to Mr. Lacunza re moving forward with the

05/06/2014 Stephen O'Dell Communication claims process 0.5

Receipt and review of multiple emails from Mr. Lacunza re further modifications to Class Notice; confer with Ms. Raanan re the same; review settlement agreement and compare to proposed language re enhancement award; respond to Mr.

05/08/2014 Stephen O'Dell Communication Lacunza's email with pro 0.7

further modificatons to the documents in the notice packet, structure of information provided to the settlement administrator, and domain name selection; email to Mr. Lacunza re the

05/08/2014 Stephen O'Dell Communication same 0.4

Confer with Mr. Marlin re website Issue and status of settlement procedures; email from Mr.

05/0g/2014 Stephen O'Dell Communication Hart re website issue 0.2 Email to Mr. Lacunza re website domain name

05/09/2014 Stephen O'Dell Communicatlon issue 0.1


Telephone conference with Mr. Lacunza re domain name for settlement administrator's

05/09/2014 Stephen O'Dell Communication website; email to co-counsel re the same 0.3


Receipt and review of email from Mr. Lacunza to settlement administrator re final proofs of

05113/2014 Stephen O'Dell Communication documents in the notice packet 0.1 Receipt and review of email from settlement administrator (with attchements - reviewed);

05/13/2014 Stephen O'Dell Communication prepare responding email 0.4 Miscellaneous Review file re status and prepare short status

05/15/2014 Stephen O'Dell Case Activity memo to Mr. Martin re the same 0.2 Receipt and review of defense counsel's email to

05/19/2014 Stephen O'Dell Communication settlement administrator 0.1 Brief email exchange with settlement

05/19/2014 Stephen O'Dell Communication administrator 0.1 Settlement Receipt, review, and evaluation of weekly status

05/2312014 Stephen O'Dell Approval Actions report from settlement administrator 0.2 Email exchange with settlement administrator re certain settlement class members' contradictory responses (including brief review of settlement

05/27/2014 Stephen O'Dell Communication agreement) 0.2

05/28/2014 Stephen O'Dell Communication Email from settlement administrator 0.1 Email from settlement administrator (with

05/30/2014 Stephen O'Dell Communication attachment - reviewed) 0.1 Email exchange with Peter Hart re motion for

05/30/2014 Stephen O'Dell Communication attorneys fees 0.2 Evaluate report from potential settlement class member re not being allowed to participate; email to settlement administrator and defense

06/04/2014 Stephen O'Dell Communication counsel re the same 0.2

06/04/2014 Stephen O'Dell Communication Email exchange with settlement administrator 0.1 Receipt and review of email from settlement administrator (with attachment - briefly reviewed

06/06/2014 Stephen O'Dell Communication weekly status report) 0.1 status report from settlement administrator; review time table for preparation of motions for final approval, attorneys fees. and enhancement

06/13/2014 Stephen O'Dell Document Review award 0.2

06/16/2014 Adrian Bacon Communication Phone call w/ class member re settlement 0.4 Multiple email exchanges with settlement

06/20/2014 Stephen O'Dell Communication administrator (with attachment • reviewed) 0.2 Case Management

06/23/2014 Adrian Bacon Meeting Meet w/ Stephen O'Dell re final approval 0.3 Motions - Class

06123/2014 Adrian Bacon Certification Draft motion for final approval of settlement 4 Miscellaneous Review settlement administrator's declaration

06/23/2014 Hanna B. Raanan Case Activity and email re: same 0.1

0612312014 Stephen O'Dell Communication Email exchange with Mr. Lacunza 0.1 Email exchange with settlement administrator (with attachments • briefly reviewed declaration

06/23/2014 Stephen O'Dell Communication and exhibits thereto) 0.2 Prepare for and conduct telephonic conference with Mr. Lacunza re final approval motion and re

06/23/2014 Stephen O'Dell Communication final results from class notice 0.3 Emails w/ Stephen O'Dell & cocounsel re final

06/24/2014 Adrian Bacon Communication approval papers 0.2

06124/2014 Adrian Bacon Communication Phone call w/ client Alicia Miller re declaration 0.3 Phone calls & emails w/ Slmpluris re final

06/24/2014 Adrian Bacon Communication approval 0.4 Miscellaneous

06/24/2014 Adrian Bacon Case Activity Review notes to file re Miller phone call 0.1


Motions - Prepare declaration of Alicia Miller ISO motion

06/24/2014 Adrian Bacon Settlement for final approval 1.3

06/24/2014 Adrian Bacon Communication Phone conversation with client Alicia Miller 0.2 Phone calls w/ Simpluris re final approval

06/24/2014 Adrian Bacon Communication declaration 0.2 Draft motion for attorneys fees and incentive

Motions - award; finalize draft motion for final approval of

06/24/2014 Adrian Bacon Settlement class action settlement 5.5 Email exchange with Mr. Hart re evidence for

06/24/2014 Stephen O'Dell Communication final motions 0.1 Review and revise Alicia's declaration in support

06/24/2014 Stephen O'Dell Communication of enhancement award 0.3 Extended telephone conference with Alicia; e-memo to file re the same; email to co-counsel re

06/24/2014 Stephen O'Dell Communication the same 0.7 Email from Mr. Hart re Alicia's telephone

06/24/2014 Stephen O'Dell Communication conference with me 0.1 Motions -

06/25/2014 Adrian Bacon Settlement Draft proposed orders re: final approval 2.5 Case Management Meetings w/ Stephen O'Dell re final approval

06/25/2014 Adrian Bacon Meeting papers 0.2 Emails & phone calls w/ Alicia Miller re final

06/25/2014 Adrian Bacon Communication approval 0.4

06/25/2014 Adrian Bacon Communication Emails w/ co-counsel re final approval motions 0.2 Phone calls w/ Simpluris re claims admin

06/25/2014 Adrian Bacon Communication declaration 0.3 Motions· Review/revise Simpluris declaration ISO final

06/25/2014 Adrian Bacon Settlement approval 0.3 Case Management Meetings w/ Stephen O'Dell re final approval

06/25/2014 Adrian Bacon Meeting motion & related filings 0.5 Motions -

06/25/2014 Adrian Bacon Settlement Review and tabulate attorney costs records 1.5 Motions - Review. revise and finalize all matters for final

06/25/2014 Louis M. Marlin Settlement approval hearing 3 Legal research re specific criteria for enhancement awards; substantially revise

Motions· motion for enhancement award and create tables

06/25/2014 Louis M. Marlin Settlement for the same 1.8 Review file re prior declarations; receipt and

Motions - review of settlement administrator's declaration;

06/25/2014 Louis M. Marlin Settlement confer with Mr. Bacon re the same 1.7 Review and revise declaration in support of

Motions · motion for attorneys fees. etc.; confer with Mr.

06/25/2014 Stephen O'Dell Settlement Bacon re deficiencies 0.6

06/26/2014 0

06/2612014 0 Draft/revise motions for fees, final approval ,

Motions· incentive award. and supporting declarations;

06/26/2014 Adrian Bacon Settlement assemble exhibits and prepare for filing 2 Case Management

0612612014 Adrian Bacon Meeting Emails w/ cocounsel re final approval papers 0.1 Phone call & emails wl client Alicia Miller re

06/26/2014 Adrian Bacon Communication declaration & final approval 0.1

Total Hours and Lodestar 1187.7 $695,065.50

Hourly Rates Louis Marlin

Stephen O'Dell

Samantha Smith

Adrian Bacon

Hanna Raanan

J. Hawkes (P)

S. McGrath (P)

Marlin/Saltzman, LLP Miller v. Ikea Time Report

$700 $600 $475 $475

$475/525 $160

$160

Page 50

EXHIBIT 5

Miller v. IKEA Califomia, L.L.C., et al. Orange County Superior Court No. 30-2009-00331682

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

A court authorized this notice. This is not a solicitation. This is not a lawsuit against you and you are not being sued. However, your legal rights are affected whether you act or 1101.

If you worked at IKEA California, L.L.C and/or IKEA U.S. West, Inc. as an hourly employee, at any time between December 24, 2005 and February 24, 2014, then you may be eligible to recover money under the terms of a proposed class action settlement.

PLEASE READ THIS NOTICE CAREFULLY AS IT SETS FORTH YOUR RIGHTS AND OPTIONS FOR YOU TO CONSIDER.

WHAT THIS NOTICE CONTAINS

I. What is the purpose of this Notice? . . . . . .. . . . . . . . . . . . . . .. . .. ... ............................................................................. Page l

ll . Why does Plaintiff seek approval of the Settlement?........................................................................................ Page 2

Ill. What is the Defendants' Position on the Settlement?........................................................................................ Page 2

IV. Why did I get this Notice?....................................................................... ..... ..................................................... Page 2

V. Who are the Parties in this Class Action?................. ......................................................................................... Page 2

VI. Who are the Attorneys for Parties?....................................... ............................................. .. .............................. Page 2

Vil. What is the Proposed Settlement?..................................................................................................................... Page 2

VIII. What are my rights with regard to this matter?............... ......................... .......................................................... Page 3

IX. How much money will I get if l do not request to be excluded?...... .......................................................... ....... Page 3

X. Release........ ....................................................................... . .. .......... ....................... . .. .. Page 3

XI. Additional important information.................... ......................................................... ................ .. ....................... Page 4

XII. Settlement Approval Hearing ............................................................ ............................................. ........... ........ Page 4

XIII. Who can I contact if I have further questions? Page 4

I. What is the purpose of this Notice?

The purpose of this Notice is to let you know that there is a proposed class action lawsuit pending in the Orange County Superior Court, and you are a member of the proposed class ("the Class") in that lawsuit. The lawsuit is a proposed class action filed against IKEA California, LLC and IKEA U.S. West, Inc. ("Defendants"), concerning employees who worked as hourly employees between December 24, 2005 until February 24, 2014.

The case was filed by Plaintiff Alicia Miller against the Defendants (Orange County Superior Court No. 30-2009-00331682) (the "Action''). The lawsuit alleges that Defendants ( 1) failed to (a) pay all wages, (b) timely provide meal periods, (c) pay "reporting time" wages. (d) furnish accurate wage statements, (e) to pay vested personal time, (f) timely pay employee wages upon their discharge, and (2) engaged in unfair business practices. The case also includes a claim for remedies under the California Private Attorneys General Act of2004.

Defendants denied and continue to deny Plaintiff's claims and contend that the members of the class were paid properly at all times.

The Parties to the lawsuit have agreed to settle this matter as the result of arm 's-length negotiations. Both sides agree that, in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances. Please be advised that the Orange County Superior Court has not ruled on the merits of Plaintiffs claims or Defendants' defenses.

Page I of 4 NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

On April 7, 2014, the Court approved the Parties' Motion for a Court Order:

I) Granting preliminary Court approval of the proposed settlement; 2) Certifying the Settlement Class; 3) Granting Court approval of this Notice, including the schedule and procedure for exclusion

or objection set forth herein; and 4) Scheduling a Final Approval Hearing for final Court approval of the proposed Settlement.

Il. Why does Plaintiff seek approval of the Settlement?

Plaintiff seeks approval of the Settlement because the Plaintiff and Class Counsel believe the Settlement to be fair, reasonable, adequate, and in the best interests of the members of the Class and all Parties.

III. What is the Defendants' Position on the Settlement?

Defendants view this Settlement as a compromise. They are not admitting to the allegations in the lawsuit. Defendants deny that any of their practices at issue in this lawsuit were, or are, unlawful.

IV. Why did I get this Notice?

You received this Notice because Defendants ' records identify you as a member of the Class, which means that you are, or were, employed by Defendants between December 24, 2005 and February 24, 2014, and worked as an hourly employee during that time.

V. Who are the Parties in this Class Action?

The lawsuit was brought against IKEA California, LLC and IKEA U.S. West, Inc., which are the Defendants. Plaintiff, Alicia Miller, is a former employee of Defendants who brought the action on behalf of herself and on behalf of all similarly situated current and former employees.

VI. Who are the Attorneys for Parties?

Counsel for the Class

Louis M. Marlin Stephen P. O'Dell Hanna B. Raanan MARLIN & SALTZMAN, LLP 3200 El Camino Real, Suite 100 Irvine, California 92602 Phone: (714) 669-4900 Fax: (714) 669-4750

Peter M. Hart, Esq. Law Offices of Peter M. Hart 12121 Wilshire Blvd., Suite 205 Los Angeles, CA 90025 Phone: (310) 207-0109 Fax: (509) 561-6441

VII. What is the Proposed Settlement?

The proposed settlement is as follows:


Scott C. Lacunza Alison S. Lynch JACKSON LEWIS LLP 5000 Birch Street Suite 5000 Newport Beach, CA 92660 Phone: (949) 885-1360 Fax: (949) 885-1380

Defendants have agreed to pay a total of$5,750,000 (the "Settlement Amount") to the approximately 7,700 Class Members. This sum includes amounts subject to Court approval including: payment of expenses and fees of the Settlement Administrator which is anticipated to be no more than $70,000; attorneys ' fees of up to one-third of the Settlement Amount (i.e., $1,916,666, from which employer-side payroll taxes wil l be paid, and the remainder split between Class Counsel, with Marlin & Saltzman, LLP receiving 2/3 and Law Offices of Peter M. Hart receiving 1/3); and costs expended by C lass Counsel, as approved by the Court (not to exceed $90,000). Plaintiff will also seek an enhancement award of $30,000 to the class representative (Alicia Miller) for her efforts in the litigation. IKEA may challenge the amount of the requested award at the Settlement Approval Hearing scheduled for July 21 , 2014. The entire sum of $5 ,750,000 will be paid by Defendants and no funds will revert to the Defendants.

The following is a summary of the Settlement provisions. The specific and complete terms of the proposed Settlement are stated in the Settlement Agreement, a copy of which has been filed with the Clerk of the Court. You may view and obtain a copy of the Settlement Agreement at www.millerwageandhoursettlement.com or at www.marlinsaltzman.com.

Page 2 of 4 NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

Settlement Payment. Defendants have agreed to pay the Settlement Amount through the Settlement Administrator in accordance with the terms of the Settlement Agreement, after the Effective Date of the Settlement, as defined in the Settlement Agreement. Settlement payments to Class Members who do not opt-out of the Settlement will be distributed approximately 40 days after the effective date of the Settlement.

After the deduction of the Court-approved expenses, fees, costs, and enhancement award from the gross settlement amount, the remaining sum ("Net Settlement Fund") will be available to pay all members of the Class who do not exclude themselves from the Settlement, their allocated shares of the Net Settlement Fund.

Each Class Member's allocation of the Net Settlement Fund will be calculated based on a point system, with one point given for each week of employment, and 4 additional points given if a class member is a former employee. The calculation of a class member's payment shall involve multiplying the Net Settlement Fund by the ratio of an individual class member's total points to the total points of all class members.

VIII. What are my rights with regard to this matter?

You have three options. Each option has its own consequences, which you should understand before making your decision. Your rights regarding each option, and the procedure you must follow to select each option, follow.

A. Option One. Participate in the Settlement as a Class Member, which requires you to do nothing at this time.

If you are a Class Member, and you do not exclude yourself from the Class, the Settlement Administrator will send you a check at a later date, provided that the Court grants final approval of the Settlement and the Settlement becomes effective.

Note, however, that by not excluding yourself, you will be bound by the Settlement and will be barred from separately pursuing the claims released by the Settlement.

B. Option Two. You Can Exclude Yourself ("opt out") from the Settlement.

If you do not wish to participate in or be bound by the Settlement, you must notify the Settlement Administrator in writing of your wish to be excluded ("Opt Out Form"). The Opt Out Form must contain your full name, current home (or mailing) address, and last four digits of your Social Security number, and must include the statement "I wish to be excluded from the Settlement of the case entitled Alicia Miller v. IKEA Cal(fornia, L.L. C., et al., Case No. 30-2009-00331682." The Opt Out Form must be signed and dated and returned by mail to the Settlement Administrator, Simpluris, Inc., at the address provided below. In order to be valid, your request to be excluded from the settlement must be post-marked on or before June 16, 2014.

If you submit a timely and valid Opt Out Form, you will neither receive any money from the Settlement, nor will you be considered to have released your claims alleged in the class action. If you request exclusion from the Settlement, you may not pursue any recovery under the Settlement. You may, however, pursue other remedies, separate and apart from the Class Action Settlement, that may be available to you.

If you want money from the Settlement, do llQ1 submit a Request for Exclusion.

C. Option Three. You May Object to the Settlement.

If you are a Class Member, and you do not exclude yourself from the Settlement (opt out), you may object to the Settlement before final approval of the settlement by the Court. If you choose to object to the Settlement, you may enter an appearance by representing yourself, or through an attorney that you hire and pay for yourself.

In order to object to the Settlement, or any portion of it, you must file with the Court and serve the attorneys for the Class and for the Defendants with your objection in writing on or before June 16, 2014 in order for your objection to be considered. If the Court approves the Settlement despite any objections, you will receive your share of the Settlement proceeds and will be bound by the Release (as discussed below).

IX. How much money will I get ifl do not request to be excluded?

As mentioned above, Defendants have agreed to pay a gross settlement amount of $5, 750,000 in consideration for this Settlement and a release of all claims asserted in the lawsuit by the Class. From this sum, amounts will be deducted for expenses and fees of the Settlement Administrator, an enhancement award to the Class Representative, and attorneys ' fees and expenses, to establish the Net Settlement Fund. Enclosed with this Notice you will find a Notice of Anticipated Settlement Share. This represents the Administrator's best estimate of your share of the Net Settlement if all deductions described above are approved by the Court. It is an estimate only, and may vary depending upon the Court ' s rulings.

X. Release

Upon the final approval by the Court of this Settlement Agreement, and except as to such rights or claims as may be created by this Settlement Agreement, each member of the Settlement Class fully releases and discharges Defendants and all of their past, present, and future parent companies, subsidiaries, affiliates, divisions, agents, management companies, and single-copy distributors, and all of


their respective employees, members, officers, directors, partners, legal representatives, accountants, trustees, executors, administrators, real or alleged alter egos, predecessors, successors, transferees, assigns and insurers, from liability for the claims that were asserted in the Third Amended Complaint, and arising out of the acts, facts, transactions, occurrences, representations, or omissions set forth in the Third Amended Complaint. Claims that shall not be released include claims for unemployment compensation, workers' compensation, employment discrimination, and retaliation, except that all claims are being released by named Plaintiff Alicia Miller to the fullest extent permitted by law.

XL Additional important information

You will get your share of the Settlement only if the Settlement Administrator has your correct information. It is your responsibility to ensure that the Settlement Administrator has this information. It also is your responsibility to keep a current address on file with the Settlement Administrator to ensure that you receive your settlement payment, should the Court order final approval of the settlement.

XII. Settlement Approval Hearing

The Court will hold a Settlement Approval Hearing on July 21, 2014 at 1:30 p.m., in Department CX-101 of the Orange County Superior Court, Civil Complex Division, located at 751 West Santa Ana Ave., Santa Ana, CA, at which time the Court will determine: (1) whether the settlement should be approved as fair, reasonable, and adequate; (2) whether the application of Class Counsel for an award of attorneys ' fees and expenses should be approved and, if so, in what amount; (3) whether the application for enhancement award for the Class Representative should be approved and, if so, in what amount; and (4) whether a proposed Final Approval Order and Judgment should be entered by the Court. If objections have been received, the Court will consider them at that time.

You Are Not Required To Attend The Settlement Approval Hearing.

You are welcome to attend the Final Approval Hearing, at your own expense. You may request permission to speak to the Court at the Settlement Approval Hearing. You may hire your own attorney at your own expense to speak at the Settlement Approval Hearing. If you want to speak at the Settlement Approval Hearing, you must ask the Court for permission. To do so, send a I etter to the Court (at the address set forth above in this Section of the Notice) with a copy to the Claims Administrator (at the address set forth in Section XIII of this Notice), requesting permission to speak at the Settlement Approval Hearing. Such letter should be signed and should contain a brief statement of the position that you wish to put before the Court at the Settlement Approval Hearing and the basis for that position. The Court may, or may not, grant the request.

If the Court issues a Final Approval Order, the parties will jointly seek the Com1's approval of the dismissal of the claims of the case with prejudice. The Court will retain jurisdiction to oversee the full implementation of the Settlement.

XIII . Who can I contact if I have further questions?

If you have questions, you may call the Settlement Administrator toll free, at (888) 369-6080. Ask about the Miller v. IKEA Class Action Settlement. The contact information for the court-appointed Settlement Administrator for this Class Action Settlement is as follows:

Miller v. IKEA California L.L. C., et al. ATTENTION: Claims Administrator

c/o Simpluris, Inc. P.O. Box 26170

Santa Ana, CA 92799

You may also call Class Counsel listed in Section VI above. They can be reached as follows:

Stephen P. O'Dell at Marlin & Saltzman, LLP

Peter M. Hart at Law Offices of Peter M. Hart

(714) 669-4900

(310) 207-0109


Miller v. IKEA California, L.L.C., et al. Orange County Superior Court, No. 30-2009-00331682

OPT OUT FORM

Instructions: Please complete this Form only if you do not want to participate in the Settlement that is described in the Notice of Class Settlement that accompanies this Form. If you choose to complete this Form, the deadline for mailing it to the Settlement Administrator is June 16, 2014.

I. PERSONAL INFORMATION

Name (first, middle and last): _________________________ _

Home Street Address: _____________________________ _

City, State, Zip Code: _____________________________ _

Home Telephone Number: (_) ________________________ _

Last 4 digits of Social Security Number: _______________________ _

Please Provide Your Home or Mobile Telephone Number:

Please Provide Your E-mail address: ________________________ _

(Optional - to be used only to communicate with you regarding the Settlement)

II. REQUEST FOR EXCLUSION

By signing and returning this Form, I certify that I have carefully read the Notice of Class Settlement and that I wish to be excluded from the Settlement described therein. 1 understand this means that I will not be eligible to receive any money or other benefits under the Settlement and I will not have standing to object to the Settlement or to Class Counsel's application for Attorneys' Fees and Expenses. I also understand that if I am excluded from the class, I may bring a separate legal action seeking damages, but might recover nothing or less than what I would have recovered if I had participated in the Settlement.

Ill. MAILING INSTRUCTIONS

If you choose to return this Form, you must return it to the Settlement Administrator postmarked on or before June 16, 2014 at the address listed below:

JV. PLEASE SIGN BELOW

Miller v. IKEA California L.L. C., et al. ATTENTION: Claims Administrator


Santa Ana, CA 92799 (888) 369-6080

I certify that the foregoing statements made by me are true and correct.

Signed: _ ____ _________ ~

Print Name: _ _ ___________ _

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Miller v. IKEA California, L.L.C., et al. Orange County Superior Court, No. 30-2009-00331682

NOTICE OF ANTICIPATED SETTLEMENT SHARE

***PLEASE REVIEW THIS NOTICE CAREFULLY***

YOU DO NOT NEED TO RESPOND TO THIS NOTICE IN ORDER TO RECEIVE YOUR SHARE OF THIS SETTLEMENT IN THE EVENT THAT THE SETTLEMENT IS APPROVED BY THE COURT AND IF YOUR

INFORMATION BELOW IS ACCURATE

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Based upon employment records provided by JKEA California, L.L.C. and IKEA U.S. West, Inc. ("JKEA"), (1) you were employed by IKEA during the period from December 24, 2005, until February 24, 2014; and (2) worked as an hourly

employee for a total of «MERGED WW» weeks. Based upon this determination, your anticipated settlement share is: $«MERGED EstSettAmnt»

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

YOU MUST RETURN THIS FORM IF:

YOUR PERSONAL INFORMATION BELOW IS INCORRECT

OR

YOU DISAGREE WITH THE EMPLOYMENT INFORMATION BELOW

1. PERSONAL INFORMATION:

!CURRENT INFORMATION]

«MERGED_Employee Name» Name while employed:-- -------

«MERGED _Address» Address:-------- ------

«MERGED_ City», «MERGED_State» «MERGED_Zip Code»

«MERGED_Home» Home Tel: -------------

«MERGED_Cell» Other Tel:-------------

If any of the information above is incorrect, YOU MUST provide the correct information in the space provided

and return this page to the Settlement Administrator at the address shown below

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2. EMPLOYMENT WITH IKEA CALIFORNIA, LLC AND/OR IKEA U.S. WEST, INC.

Section A: IKEA California LLC's and/or IKEA U.S. West, lnc. 's Records indicate that you are a Class Member:

IKEA California L.L.C.'s and/or IKEA U.S. West, lnc.'s ("IKEA") records indicate that, at some point during the period December 24, 2005 and February 24, 2014, you were employed by IKEA in California as an hourly non-exempt employee (except those employed as a supervisor or manager).

The Settlement allocates a proportional amount of the Net Settlement Fund (as defined in the accompanying Notice) to each Class Member. This amount is based on the number of weeks that you worked in a class position during the class period.

IKEA California, L.L.C.'s and/or IKEA U.S. West, lnc.'s records reflect that:

• You worked «MERGED WW» work weeks during the class period in one or more of the listed positions.

IF YOU AGREE WITH THE INFORMATION STATED ABOVE, YOU NEED NOT DO ANYTHING FURTHER, UNLESS YOU NEED TO CORRECT YOUR PERSONAL IDENTIFICATION INFORMATION IN SECTION 1 OF THIS NOTICE

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Section B: Information Provided bv Class Member.

Complete this section ONLY IF you believe that the information set forth in Section A, above, is not accurate.

Corrected information:

I worked in one or more of the class positions during the period from December 24, 2005 to February 24, 2014 for a total of _ _ _ _ weeks. I have included copies of documentation in my possession which supports this number with this document.

When you return this Form to the Settlement Administrator, you MUST also send documentation that supports or relates to the information that you provide in this Section B. This portion of this form MUST be returned to the Settlement Administrator noted below by no later than J une 16, 2014.

Signed: _________ _ _ _

Print Name:--------- -- Last 4 Digits of Soc. Sec. # _ _ _

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• IF YOU NEED TO RETURN ANY PART OF THIS FORM

TO THE SETTLEMENT ADMINISTRATOR PLEASE MAIL IT TO THE FOLLOWING ADDRESS

Miller v. IKEA California, L.L.C., et al. ATTENTION: Claims Administrator


Santa Ana, CA 92799 (888) 369-6080

YOU MAY ALSO NOTIFY THE SETTLEMENT ADMINISTRATOR OF A CHANGE OF ADDRESS BY GOING TO THE FOLLOWING WEBSITE:

www.millenvageandhoursettlement.com

Your share of the Settlement will be mailed to you at the address provided if the Court grants final approval of the Settlement.

It is your responsibility to keep a current address 011 file with tire Sett/eme11t Administrator to ensure receipt of your share of the Settlem e11t

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