Contract analysis

1. My name is Devon Archer. I am a licensed attorney in the State of California, State Bar Number 301462, and a Senior Associate at the law firm of Calderwood & Harkness LLP, located at 777 South Flower Street, Suite 4200, Los Angeles, California 90017. I am an attorney of record for Defendant and Settling Defendant Aurelius Media Americas Inc. ("AMA") in the above-captioned action. I have served as Lead Associate on

2. On September 15, 2023, the parties executed the Class Action Settlement Agreement and Release (the "Settlement Agreement"). The Settlement Agreement was reached after two full-day mediation sessions conducted on August 25, 2023 and September 8, 2023, before the Honorable Patricia Okoro (Ret.) of Westpark Dispute Resolution Inc., located at 1925 Century Park East, Suite 1700, Los Angeles, California 90067. The sett

3. I am familiar with the material terms of the Settlement Agreement and summarize them here for the Court's convenience: (a) Gross Settlement Amount. The Gross Settlement Amount ("GSA") is Fourteen Million Seven Hundred Fifty Thousand Dollars ($14,750,000.00), which is fully non-reversionary. Under no circumstances will any portion of the GSA revert to AMA. (b) Settlement Class Definition. The Settlement Class is de

4. On September 22, 2023, the parties filed a joint Motion for Preliminary Approval of the Class Action Settlement. On October 18, 2023, the Court (Hon. Raymond Escobedo, Dept. 34) entered the Order Granting Preliminary Approval of Class Action Settlement (the "Preliminary Approval Order"). In the Preliminary Approval Order, the Court: (a) provisionally certified the Settlement Class for settlement purposes; (b) prel

5. Following entry of the Preliminary Approval Order, AMA cooperated fully and in good faith with Meridian Settlement Services in the administration of class notice. In accordance with Section VI.B of the Settlement Agreement and the directives of the Preliminary Approval Order, AMA provided Meridian with the class list, which included the following information for each putative Settlement Class Member: last known fu

6. The deadline for Settlement Class Members to submit exclusion requests (opt-outs) or file objections to the settlement was January 2, 2024. I am informed by Meridian that twenty-three (23) valid and timely requests for exclusion were received. This represents an opt-out rate of approximately 1.24% of the approximately 1,850-person Settlement Class. This opt-out rate is well below the five percent (5%) threshold —

7. I am informed by Meridian that a total of 1,262 valid and timely claims were submitted by Settlement Class Members during the claims period. This represents a claims rate of approximately 68.2% (1,262 of 1,850 class members). This claims rate is well above the average claims rate in comparable California wage-and-hour class action settlements, which typically range from approximately 20% to 50%, and reflects the e

8. AMA is prepared to fund its share of the Gross Settlement Amount within fourteen (14) calendar days of the Court's entry of the Final Approval Order, as required by Section XI.A of the Settlement Agreement. The settlement will be funded from the following two sources: (a) Insurance Contribution. AMA's employment practices liability ("EPL") insurance carrier, Pemberton Mutual Assurance Co. ("Pemberton"), under Poli

9. AMA confirms that it has complied with all of its obligations under the Settlement Agreement and the Preliminary Approval Order from the date of execution of the Settlement Agreement through the date of this declaration. Specifically, AMA confirms the following: (a) AMA timely provided all required class data to Meridian Settlement Services, including the class list and associated employment, payroll, and timekeep

10. While the Settlement Agreement does not require injunctive or prospective relief as a component of the settlement, AMA has voluntarily implemented the following corrective measures since the filing of this action, which I believe are relevant to the Court's assessment of the fairness and adequacy of the settlement: (a) In December 2022, shortly after this action was filed, AMA corrected the automatic meal period

11. To the best of my knowledge, information, and belief, formed after reasonable inquiry, no Settlement Class Member, objector, or other interested party has indicated an intention to appeal the Final Approval Order if it is entered by this Court. The twenty-three (23) opt-outs and four (4) objections received during the notice period are modest in number relative to the size of the Settlement Class. The low opt-out

12. In light of the foregoing, AMA respectfully joins in the request for final approval of the Class Action Settlement. AMA confirms its readiness and ability to fund the Gross Settlement Amount in full upon entry of the Final Approval Order and Judgment, in accordance with the terms and timeline set forth in the Settlement Agreement. It is AMA's position that the settlement is fair, adequate, and reasonable, was the