Free Declaration in Support - District Court of California - California

Case 4:07-cv—02828-CW Document 50 Filed 07/17/2008 Page 1 of 2
1 DOSTART CLAPP GORDON & COVENEY
JAI\/[ES F. CLAPP (SBN 145814) jclapp@,sdlaw.com
2 4370 La Jolla Village Dr., Ste. 970
San Diego, CA 92122 -
3 Telephone: (858) 623-4200 `
Facsimile: (858) 623-4299
4
McINERNEY & JONES
5 Kevin J. Mclnemey (SBN 46941) [email protected]
Charles A. Jones (SBN 224915) caj@,mcinerneylaw.com
6 18124 Wedge Parkway #503
Reno, Nevada 89511
7 Telephone: (775) 849-3811 .
Facsimile: (775) 849-3866 ~
8 .
Attorneys for Plaintiffs
9
10 UNITED STATES DISTRICT COURT
11 NORTHERN DISTRICT OF CALIFORNIA
12 . `
13 LINDA YOUNG, MIKE SAFAIE, and) CASE NO. C 07-2828 CW
J ANICE KEVARI, individually and on)
14 behalf of all others similarly situated, ) DECLARATION OF JAMES F. CLAPP IN
) SUPPORT OF MOTION FOR (1) FINAL
15 Plaintiff, ) APPROVAL OF SETTLEMENT; (2) CLASS
) COUNSEL’S MOTION FOR ATTORNEY’S
16 vs. ) FEES AND COSTS; AND (3) CLASS COUNSEL’S
) MOTION FOR ENHANCEMENT AWARDS FOR
17 CHARLES SCHWAB & CO., INC., ) THE NAMED PLAINTIFFS `
)
18 Defendant. ) Hon. Claudia Wilken
)
19 ) Date: August 21, 2008
) Time: 2:00 p.m.
20 ) Ctrm: 2, 4* Floor
21 .
22 V
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24
25
26 . `
27 4
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Declaration of James F. Clapp in Support of Motion for Final Approval, Etc. C 07-2828 CW

Case 4:07-cv—02828-CW Document 50 Filed 07/17/2008 Page 2 of 2
1 DECLARATION OF JAMES F. CLAPP
2 1. I am an attorney licensed to practice law in the State of California and before this Court
3 and am a partner with the law firm of Dostart Clapp Gordon & Coveney, LLP, attorneys of record for
4 plaintiffs Linda Young, Mike Safaie, and Janice Kevari. I have personal knowledge of the following
5 facts and if called as a witness would testify as follows:
6 2. My qualifications are as follows: I am a 1989 graduate of Northwestern University Law
7 School. From 1989-94, I was a litigation attorney with Gray Cary Ware & Freidenrich (now DLA Piper)
8 in San Diego, Califomia, where my practice focused on complex business and employment disputes.
9 In 1995, I co—founded Dostart Clapp, APC, which became Dostart Clapp Gordon & Coveney, LLP.
10 Since 1999, my practice has focused almost exclusively on wage and hour class actions. I have been
1 1 appointed class counsel in more than 30 certified class actions alleging violations of federal and/or state
_ 12 wage and hour laws. Recently, I served as class counsel in Bowman v. UBS Financial Services, Inc.,
13 N.D. Cal. Case No. 04-3525; Bahhramipour v. Citigroup Global Markets, Inc., N.D. Cal. 04-4440; and
14 Takacs v. A.G. Edwards & Sons, Inc., S.D. Cal. Case No. 04-1852.
15 3. I am readily familiar with the facts of this case. Plaintiffs have conducted substantial
16 discovery and investigation about the duties and responsibilities of class members, the ntunber of hours
17 they worked, and Charles Schwab’s employment policies and practices. In addition, before the
18 mediation, Charles Schwab provided us with detailed information about the number of class members,
19 their tenure months during the class period, and their rates of pay.
20 4. Considering the risks, delays, and expense of htrther litigation, in my opinion, the
21 settlement is fair, reasonable and in the best interests of the class members.
22 5. My firm incurred $8,625.78 in expenses in litigating this case. Those expenses included:
23 copies/printing: $127.60; postage/overnight mail: $75.02; telephone/fax: $83.74; messenger fees:
24 $185.00; travel/parking: $3 1 5 .80; legal research: $838.62; mediator fees: $7,000.00.
25 I declare under penalty of perjury under the laws of the United States that the foregoing is true
26 and correct. Executed on July Q, 2008 at San Diego, Calif 'a. _
27 i
28 AMES . APP
Declaration of James F. Clapp in Support of Motion for Final Approval, Etc. C 07-2828 CW -2-

Case 4:07-cv-02828-CW

Document 50

Filed 07/17/2008

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Case 4:07-cv-02828-CW

Document 50

Filed 07/17/2008

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