Contract analysis

1. I am a partner at the law firm of Calderwood & Harkness LLP, located at 777 South Flower Street, Suite 4200, Los Angeles, California 90017. I am a member in good standing of the State Bar of California, Bar Number SBN 224578. I am counsel of record for Defendant Aurelius Media Americas Inc. ("AMA" or "Defendant") in the above-captioned consolidated action. I have been admitted to practice before all courts of the

2. This Supplemental Declaration is filed in connection with AMA's joinder in the Motion for Final Approval of Class Action Settlement, which was filed by Class Counsel on January 22, 2024. The purpose of this Supplemental Declaration is to update the Court on developments that have occurred since the filing of my September 22, 2023 Declaration and since the Court's entry of the Preliminary Approval Order on October

3. As detailed in my September 22, 2023 Declaration and the Class Action Settlement Agreement and Release executed by the parties on September 15, 2023 (the "Settlement Agreement"), a true and correct copy of which was attached as Exhibit 1 to the Declaration of Philip K. Nakamura filed September 22, 2023, the material terms of the settlement are as follows. The Gross Settlement Amount ("GSA") is Fourteen Million Sev

4. On October 18, 2023, the Court entered its Order Granting Preliminary Approval of Class Action Settlement (the "Preliminary Approval Order"). In the Preliminary Approval Order, the Court provisionally certified the settlement class as defined in the Settlement Agreement, approved the form and content of the proposed class notice, and appointed Meridian Settlement Services LLC ("Meridian"), with Angela Truong as th

5. A detailed accounting of the notice administration process and its results is set forth in the Declaration of Angela Truong, filed by Meridian Settlement Services LLC on January 22, 2024, in support of the Motion for Final Approval. I incorporate and cross-reference the Truong Declaration here and briefly summarize its key findings for the Court's convenience. According to the Truong Declaration, the total number

6. According to the data compiled by Meridian and set forth in the Truong Declaration, the total number of valid claims submitted by class members is 1,262 out of the approximately 1,850 individuals in the settlement class, resulting in a claims rate of approximately 68.2%. This claims rate is well above the average for California wage-and-hour class action settlements, where courts have recognized that typical claim

7. The total number of valid requests for exclusion (opt-outs) received by Meridian by the January 2, 2024 deadline was twenty-three (23). This represents an opt-out rate of approximately 1.24% (23 out of 1,850 class members). This opt-out rate is far below the five percent (5%) threshold — which would correspond to approximately 93 individuals — that would trigger AMA's contractual right to void the settlement pursu

8. The total number of objections to the settlement received by Meridian by the January 2, 2024 deadline was four (4). Each of these objections is addressed in detail in the Response to Class Member Objections filed by Class Counsel on January 22, 2024, which AMA joins. For the Court's convenience, I briefly summarize each objection below: (a) Carlos Vega (former production assistant, Facility 3 — Sherman Oaks): Mr.

9. In my professional judgment, based on nearly two decades of experience representing employers in complex employment class action litigation in California state and federal courts, the settlement remains fair, adequate, and reasonable in light of the litigation risks faced by both parties, and the analysis set forth in my September 22, 2023 Declaration remains fully applicable. The settlement was the product of arm

10. Since the filing of my September 22, 2023 Declaration and the entry of the Preliminary Approval Order on October 18, 2023, the following developments have occurred, each of which I bring to the Court's attention in the interest of full disclosure and transparency: (a) AB 1076 / SB 699 (effective January 1, 2024): The California Legislature enacted AB 1076 and SB 699, now codified at California Business and Profes

11. AMA confirms that it is prepared to fund the settlement in full within fourteen (14) days of the Court's entry of the Final Approval Order, as required by Section 6.1 of the Settlement Agreement. Funding of the GSA will be provided from two sources. First, Pemberton Mutual Assurance Co., AMA's employment practices liability ("EPL") insurer under Policy No. PMA-EPL-2022-00837, has authorized a carrier contribution

12. As of the date of this Supplemental Declaration, January 30, 2024, no objector, class member, or any other party or interested person has communicated to me, to any other attorney at Calderwood & Harkness LLP, or, to my knowledge, to Class Counsel or Meridian Settlement Services LLC, any intent to appeal the Final Approval Order if it is granted. None of the four objectors identified in Paragraph 8 above has indi

13. Based on the foregoing, including the strong claims rate of 68.2% (1,262 claims out of approximately 1,850 class members), the minimal opt-out rate of 1.24% (23 out of 1,850), the limited number and nature of objections (4 total, none presenting a material concern or obstacle to final approval), the continued fairness, adequacy, and reasonableness of the settlement terms in light of the litigation risks, the comp