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1 Case :-cv-0-jsc Document - Filed 0// Page of WAGNER, JONES, KOPFMAN & ARTENIAN LLP Nicholas J.P. Wagner # Andrew B. Jones #0 Daniel M. Kopfman # Lawrence M. Artenian # Angela E. Martinez # Laura E. Brown #00 HUE. Hemdon, Ste. Fresno, CA /-00 /-0 Fax Attorneys for Plaintiffs, DANIEL ACOSTA, JOSE HERNANDEZ, DENNIS EASLEY ORLANDO CASTILLO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DANIEL ACOSTA, JOSE HERNANDEZ, Case No.; -cv-0-jsc DENNIS EASLEY, and ORLANDO CASTILLO, CLASS ACTION vs. Plaintiffs, Magistrate Judge: Hon. Jacqueline Scott Corley FRITO-LAY, INC.; FL TRANSPORTATION INC.; PEPSICO, INC.; and DOES -0, DECLARATION OF LAWRENCE M. inclusive, ARTENIAN IN SUPPORT OF MOTION FOR ATTORNEYS' FEES, LITIGATION Defendants. COSTS AND ENHANCEMENT AWARDS DATE: // TIME: am CRTRM: F (' " Floor) I, LAWRENCE M. ARTENIAN, declare as follows:. I am an attorney at law, licensed to practice before all the courts of this State and one of the attorneys of record for the Plaintiffs and Plaintiff Class in the within action. I have personal knowledge of the matters set forth in this Declaration and if called to testify thereto I could and would do so competently. This declaration is submitted in support of Plaintiffs' ATTORNEYS' FEES, COSTS, AND ENHANCEMENT AWARDS Page
2 Case :-cv-0-jsc Document - Filed 0// Page of Motion for Attorneys' Fees, Costs, and Enhancement Awards.. Wagner, Jones, Kopfman & Artenian is a plaintiffs employment and personal injury firm based in Fresno and practicing generally throughout the State of California. A primary focus of the firm is the representation of Plaintiffs in employment litigation and wage and hour class actions suits. In the last ten years, Wagner Jones has represented employees in every federal court district in California and in Superior Court in various counties throughout California's major metropolitan concentrations~the Bay Area, Los Angeles, Sacramento, Fresno and Central Valley, Orange County and San Diego. The firm also has represented clients in many smaller areas including coastal and mountain counties. Wagner, Jones, Kopfman & Artenian LLP (formerly Wagner & Jones LLP) is or has been the attorney of record in numerous wage and hour class actions, including those in the following non-exhaustive list; a. Juarez v. BCI Coca-Cola Botlling Company of Los Angeles, Fresno County Superior Court Case No. 0CECG00; b. Batrich v. Prudential Overall Supply, Fresno County Superior Court Case No 0ECG0; c. Collins V. Superstores of America, Inc. DBA MOR Furniture, Fresno County Superior Court Case No. 0CECG0; d. Kripsy Kreme Overtime Cases-, Coordinated Actions, Alameda County Superior Court Case No. JCC; e. Galanti v. Cambridge Investments LLC, San Diego County Superior Court Case NO.GC; CIV; f. Goodman v. The Pepsi Bottling Group, Inc.. Ventura Superior Court Case No. g. Brewer v. First American Title Company, Orange County Superior Court Case ATTORNEYS' FEES, COSTS, AND ENHANCEMENT AWARDS Page
3 Case :-cv-0-jsc Document - Filed 0// Page of No CU-OE-CAC; h. Cardoso v. First American Title Company, Orange County Superior Court Case No. CC00; i. English v. Financial Title Co., Fresno County Superior Court Case No 0CECG0; j. Lane v. Stewart Title of California, Fresno County Superior Court Case No 0CECG0; k. Orlando v. Alarm One, Fresno County Superior Court Case No. 0CECG0;. Alvarado v. Bobby Salazar's Restaurant, Fresno County Superior Court Case No. 0CECG00; m. Martin, et al. and O'Bryant et al. v. AmeriPride Services, Inc., United States District Court, Southern District of California Case No.: 0-CV-00 MM A (JMA); n. Jones v. Seven-Up Bottling Company of California, Los Angeles County Superior Court Case No. BC; 0. Chaffin v. Landamerica Financial Group, et al, Los Angeles County Superior Court Case No. BC; p. Hay V. Landamerica Financial Group,rt al., Los Angeles Superior Court Case No. BC ; q. Cortina v. North American Title Company, Fresno County Superior Court Case No. 0CECG0; r. Kalashian v. Weyerhauser, Alameda County Superior Court Case No RG0; s. Nazeri v. Placer Title Co., Sacramento County Superior Court Case No. -0 ATTORNEYS' FEES, COSTS, AND ENHANCEMENT AWARDS Page
4 Case :-cv-0-jsc Document - Filed 0// Page of 000; CECG00; t. Andronicous v. BJs Restaurant, Fresno County Superior Court Case No. 0 u. Williams v. Ruan et al, Tulare County Superior Court Case No. VCU-0-; V. Ridgeway, et al. v. Wal-Mart Stores, Inc., United States District Court, Northern District of California, Case No. 0-cv-0-SI; and w. Erickson, et al. v. Old Republic Title Company, et a!., United States District Court, Southern District of California, Case No. :-CV-00-GPC-NLS. X. Singh et al. v. Roadrunner Intermodal Services, LLC et al.. United States District Court, Northern District of California, Case No. :-cv-00; y. Acosta et al., v. Frito Lay, Inc., et al.. United States District Court, Northern District of California, Case No. :-cv-0-jsc; and z. Topete et al. v. Ramos Furniture, United States District Court, Northern District of California, Case No. :-cv am a graduate of Harvard University and the University of San Francisco School of Law. I was admitted to the California Bar in and have remained a member in good standing since that date. Prior to law school, I served a six-month internship with the United States Department of Labor, Office of Workers' Compensation Programs in Boston Massachusetts. My work there involved industrial hearing loss claims and performing an analysis of attorney fee claims in compensation cases before the federal Workers' Compensation Appeals Board. also wrote a study concerning government failure to give notice of medical findings to civilian employees of military installations in cases of progressive asbestosis and mesothelioma. This latter work was supervised by faculty at the Sidney Farber Cancer Institute ATTORNEYS' FEES, COSTS, AND ENHANCEMENT AWARDS Page
5 Case :-cv-0-jsc Document - Filed 0// Page of at Harvard University.. From to I was an associate at the firm of Dooley, Anderson, Berg, Pardini Johnson & Ziegler in San Francisco, California practicing in general civil litigation, emphasizing business and real property matters. From to was associated with McCormick, Barstow, Sheppard, Wayte & Carruth in Fresno, California, handling business transactions and related litigation matters. From to was a member of the full-time faculty at San Joaquin College of Law in Fresno and Clovis, California, where I continue as an adjunct professor. SJCL is a small, California State Bar accredited law school founded in by the Honorable Oliver Wanger (ret.) Judge emeritus of the U.S. District Court, Eastern District of California.. During my time as full-time law faculty, continued to appear or consulted in litigation and transactions, both for individual clients and outside law practices. began working with the firm of Wagner & Jones LLP in 0. My practice at Wagner, Jones, Kopfman & Artenian LLP consists primarily of representing plaintiffs in state and federal class action suits. have worked in the capacity of class or putative class counsel in approximately class action suits in California. Most have been certified, either for trial or for settlement purposes. Among the most recent cases, Williams el al. v. Ruan Transportation also was certified (Tulare County Superior Court) and we were preparing to begin a lengthy wage-and-hour trial on behalf of class-member truck drivers when the case was settled in.. I also served as trial counsel for the plaintiffs in Ridgeway v. Wal-Mart Stores, Inc., which was tried to verdict and a $0. million judgment for plaintiffs in this Court in before the Honorable Susan J. Illston. continue to serve as lead counsel for the Appellees in the pending appeal.. In, I was co-trial counsel in Cortina v. North American Title Company, ei al, a successful three-month wage-and-hour class action trial in Fresno Superior Court. That case is currently in post-trial referee proceedings to determine unpaid overtime restitution awards foi approximately 00 current and former escrow officers. have appeared in class action cases in ATTORNEYS' FEES, COSTS, AND ENHANCEMENT AWARDS Page
6 Case :-cv-0-jsc Document - Filed 0// Page of each of the four districts of the U.S. District Court in California.. In the course of my legal career have represented numerous clients, public and private, in large or complex cases, both as plaintiffs and defendants. These include Safeway Stores, the Pacific Lumber Company, Merrill's (San Francisco) Drug Stores, the Pleasant Hill (Contra Costa County) Redevelopment Agency, the San Francisco Orpheum Theater Corporation, and numerous Bay Area real estate developers and condominium owners' associations. have been a panelist in several MCLE programs, speaking about civil litigation.. In the instant case, my primary role would have been as co-trial counsel Accordingly, my involvement thus far has been primarily in consultation and review of pleadings, strategy discussions, participation in mediation, and drafting proposed edits to documents related to settlement. As in this case, my typical role is to assist Daniel Kopfman as the case develops, help prepare for certification, and then draft and argue summary judgmen motions, Daubert and decertification motions, and other issues leading up to and including preparation for trial. As such, a reasonable amount of discussion, written communication, anc review of documents was necessary on my part as the case progressed, and my time recorc herein so reflects.. As of the date of this declaration, have spent a total of. hours working on the instant case. In September, in a contested fee motion in Ridgeway v. Wal-Mart Stores, Inc., the Court approved my hourly rate at $0 per hour for work performed through the tria and early- post-trial motions. declare under penalty of perjury under the laws of the State of California and Unitec States of America that the foregoing is true and correct. Executed March, at Fresno, California. /s/ Lawrence M. Artenian Lawrence M. Artenian ATTORNEYS' FEES, COSTS, AND ENHANCEMENT AWARDS Page
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