Contract analysis

I. OPENING STATEMENT (Estimated time: 2 minutes) "Good morning, Your Honor. Renata Vasquez of Calderwood & Harkness LLP, appearing for Defendant Aurelius Media Americas Inc." AMA joins in Plaintiffs' motion for final approval of the class action settlement and respectfully submits that this settlement satisfies all of the requirements for final approval under California law. The settlement was negotiated at arm's len

II. SETTLEMENT FAIRNESS — THE CORE ARGUMENT (Estimated time: 3 minutes) A. Arm's-Length Negotiation Process The settlement was the product of extensive, adversarial, arm's-length negotiations between sophisticated parties represented by experienced counsel. The negotiations took place over two full-day mediation sessions conducted on August 25, 2023 and September 8, 2023, before the Honorable Patricia Okoro (Retired)

III. CLASS SUPPORT FOR SETTLEMENT (Estimated time: 2 minutes) A. Claims Rate The claims rate in this case is extraordinarily strong. Out of 1,850 class members, 1,262 submitted valid claims — a claims rate of 68.2%. This is well above the typical range for California wage-and-hour class action settlements, where claims rates of 20% to 50% are the norm. A claims rate of 68.2% reflects broad class awareness of and enth

IV. FINANCIAL TERMS SUMMARY (Estimated time: 2 minutes) AMA respectfully asks the Court to consider the following breakdown of the settlement fund, which illustrates how the Gross Settlement Amount will be allocated: The Net Settlement Fund of $8,251,525 will be distributed among the class members. Dividing by the total class of 1,850 members, the estimated average individual payment is approximately $4,460 per class

V. RESPONSE TO OBJECTIONS (Estimated time: 3 minutes) Only 4 objections were received out of 1,850 class members — a rate of 0.22%. This minimal objection rate is itself a strong indicator of class satisfaction with the settlement. AMA respectfully asks the Court to overrule each objection for the reasons set forth below. A. Carlos Vega — Attorneys' Fee Objection Objection: Mr. Vega objects that the attorneys' fee aw

VI. ATTORNEYS' FEES AND COSTS (Estimated time: 1 minute) AMA does not oppose the requested attorneys' fees, litigation costs, or service awards, all of which are subject to the Court's approval. Attorneys' Fees. The requested fee of $4,916,175 represents 33.33% of the Gross Settlement Amount and is consistent with the benchmark recognized by the California Supreme Court in Laffitte v. Robert Half International Inc. (

VII. AMA'S READINESS TO FUND (Estimated time: 1 minute) AMA is prepared to fund the full Gross Settlement Amount of $14,750,000 within 14 days of entry of the Final Approval Order. The funding structure is as follows: • EPL Carrier Contribution (Pemberton Mutual Assurance Co.): $9,250,000 — Pemberton has provided written consent and authorization for this contribution in a letter from its coverage counsel, Thornhill

VIII. CLOSING (Estimated time: 1 minute) Your Honor, the settlement before the Court is the product of informed, arm's-length negotiations between experienced counsel for both sides, facilitated by a distinguished retired Los Angeles Superior Court Judge. The parties negotiated this settlement only after completing extensive discovery, exchanging expert reports, and receiving the Court's guidance through its class ce

1. Grant final approval of the class action settlement;

2. Enter the Final Approval Order and Judgment;

3. Approve the requested attorneys' fees of $4,916,175 and litigation costs of $412,300;

4. Approve the service awards of $15,000 to Ms. Fuentes, $10,000 to Mr. Halloran, and $10,000 to Ms. Padilla; and

5. Overrule all four class member objections. AMA is prepared to fund the settlement promptly upon entry of the order. Thank you, Your Honor.

IX. ANTICIPATED QUESTIONS FROM THE COURT AND PROPOSED RESPONSES The following table sets forth questions that the Court may raise during the hearing, together with proposed responses for counsel's reference. These responses should be adapted as necessary based on the Court's specific phrasing and the context of the hearing. Q: "Why is the fee percentage 33.33% rather than a lower amount?" A: "Your Honor, 33.33% is st

X. SUPPORTING DECLARATIONS AND FILINGS REFERENCED The following documents should be available at the hearing for immediate reference. Counsel should bring tabbed copies of each document in the hearing binder.

1. Declaration of Renata Vasquez in Support of Preliminary Approval — Filed September 22, 2023.

2. Supplemental Declaration of Renata Vasquez in Support of Final Approval — Filed January 30, 2024.

3. Declaration of Marco Castellano in Support of Preliminary Approval — Filed September 22, 2023. (Class counsel's declaration; includes description of litigation history, fee calculation, and cost itemization.)

4. Declaration of Angela Truong (Meridian Settlement Services LLC) re: Notice Administration and Claims Data — Filed January 22, 2024. (Sets forth details of notice mailing, website traffic, call volume, claims data, opt-out data, and objection data.)

5. Declaration of Devon Archer re: Settlement Implementation and Compliance — Filed January 22, 2024. (Confirms AMA's compliance with settlement obligations and readiness to fund.)

6. Class Action Settlement Agreement and Release (Execution Version) — Dated September 15, 2023. (The operative settlement agreement, including all exhibits and attachments.)

7. Motion for Final Approval — Filed January 22, 2024.

8. Memorandum of Points and Authorities in Support of Final Approval — Filed January 22, 2024.

9. Response to Class Member Objections — Filed January 22, 2024. (Addresses all four objections: Vega, Kimura, Torres, Prescott.) 10. [Proposed] Final Approval Order and Judgment — Filed January 22, 2024. (Lodged for the Court's consideration; includes findings of fact and conclusions of law, approval of settlement terms, approval of fees and costs, approval of service awards, and order overruling objections.)

11. Preliminary Approval Order — Entered October 18, 2023.

12. Class Certification Order — Entered August 11, 2023. (Granting certification on first meal period auto-deduction, wage statement (Lab. Code § 226), and UCL (Bus. & Prof. Code § 17200) claims; denying certification on rest period, off-the-clock/overtime, minimum wage, second meal period, and waiting time claims.)

13. Pemberton Coverage Counsel Settlement Contribution Authorization Letter — Dated September 13, 2023. (Letter from Thornhill & Reade LLP on behalf of Pemberton Mutual Assurance Co. authorizing $9.25 million carrier contribution, conditioned on entry of Final Approval Order with prejudice.) END OF ORAL ARGUMENT OUTLINE This document is CONFIDENTIAL ATTORNEY WORK PRODUCT prepared in anticipation of the final approval