Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page1 of 14 1 2 3 4 5 6 7 8 9 10 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 11 12 13 14 KAZEROUNI LAW GROUP, APC Abbas Kazerounian, Esq. (249203) [email protected] Matthew M. Loker, Esq. (279939) [email protected] 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 HYDE & SWIGART Joshua B. Swigart, Esq. (225557) [email protected] 2221 Camino del Rio South, Suite 101 San Diego, CA 92108 Telephone (619) 233-7770 Facsimile: (619) 297-1022 Attorneys for Plaintiff, Than Zaw 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 THAN ZAW, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiff, 20 v. 21 22 23 24 25 NELNET BUSINESS SOLUTIONS INC.; NELNET, INC.; and NELNET SERVICING, LLC; and DOES 1100, Case No.: C 13-05788 RS DECLARATION OF ABBAS KAZEROUNIAN IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF DATE: November 13, 2014 TIME: 1:30 p.m. COURTROOM: 3 HON. RICHARD SEEBORG Defendant. 26 27 LAW OFFICES OF TODD M. FRIEDMAN, P.C. Todd M. Friedman, Esq. (216752) [email protected] 324 S. Beverly Dr., #725 Beverly Hills, CA 90212 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 /// 28 DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 1 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page2 of 14 1 2 I, ABBAS KAZEROUNIAN, declare: 3 1. I am one of the attorneys for the Plaintiff THAN ZAW (“Plaintiff”) in this 4 action. I submit this declaration in support of the Motion for Attorneys’ Fees 5 and Costs against Defendant NELNET BUSINESS SOLUTIONS, INC. 6 (“Defendant”). 7 California state courts. If called as a witness, I would competently testify to 8 the matters herein from personal knowledge. 9 10 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 DECLARATION OF ABBAS KAZEROUNIAN, ESQ. I am licensed to practice law before this court and all 2. The declaration is based upon my personal knowledge, except where expressly noted otherwise. 11 3. I am a Partner of the law firm of Kazerouni Law Group, APC (“Kazerouni 12 Law Group”), a member in good standing of the bar of the State of 13 California. I am also admitted in every federal district in California and 14 have handled federal litigation in Minnesota, Tennessee, Washington, Ohio, 15 Nevada and Texas. I respectfully submit this declaration in Support of 16 Plaintiff’s Motion for Attorneys’ Fees. 17 Background and Experience 18 4. Since my admission to the California bar in 2007, I have been engaged 19 exclusively in the area of consumer rights litigation, primarily in the area of 20 fair debt collections, the defense of debt collection lawsuits, and class action 21 litigation under the Telephone Consumer Protection Act and California’s 22 invasion of privacy statutes, under Penal Code § 632 et seq. 23 5. Kazerouni Law Group, APC has been preliminarily confirmed as class 24 counsel for purposes of this action and to proceed with the class action 25 settlement. 26 principal, has litigated over 2000 cases in the past seven years. My firm has 27 offices in Orange County, San Luis Obispo, and Las Vegas, Nevada. My firm, Kazerouni Law Group, APC, in which I am a 28 DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 2 OF 14 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page3 of 14 1 Kazerouni Law Group, APC has extensive experience in consumer class 2 actions and other complex litigation. My firm has a history of aggressive, 3 successful prosecution of consumer class actions, specifically under 4 California Penal Code § 630, et seq. (“CIPA”), the Telephone Consumer 5 Protection Act of 1991, 47 U.S.C. § 227 (“TCPA”), and the Fair Debt 6 Collection Practices Act, 15 U.S.C. § 1692 et seq (“FDCPA”). My practice 7 involves significant class action litigation and I am or have been counsel in 8 significant national class actions including, but not limited to, class actions 9 against Bank of America, Chase and Wells Fargo to mention a few. 10 6. In addition to my class action experience, I have experience in commercial 11 litigation and large-scale products liability litigation including a $2.5 million 12 dollar settlement in Mei Lu Hwei, et al v. American Honda Motor Co., Inc., 13 et al. (Case No. BC401211 in Superior Court of California for County of 14 Los Angeles). I have regularly litigated cases in state and federal courts, and 15 have reached numerous confidential seven-figure settlements against 16 internationally known companies. Experience Relevant to Consumer Rights Class Actions 17 18 7. I have filed and litigated consumer rights class actions based on the CIPA, 19 TCPA, and FDCPA in the past several years. The following is a non- 20 exhaustive list of consumer rights class actions which I am or have been 21 personally involved in: 22 a. Knell v. FIA Card Services, N.A., 12-cv-426 AJB (WVG) (S.D. Cal.) 23 (California class action settlement under Penal Code 632 et seq., for 24 claims of invasion of privacy. Settlement resulted in a common fund in 25 the amount of $2,750,000; preliminarily approved on January 23, 2014; 26 /// 27 /// 28 /// DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 3 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page4 of 14 1 b. Knutson, et al. v. Schwan’s Home Service, Inc., 12-CV-00964-GPC-DHB 2 (S.D. Cal.) (Heavily contested TCPA class action; Settlement resulted in 3 a common fund in the amount of $2,500,000, awaiting preliminary 4 approval; 5 c. Malta, et al. v. Wells Fargo Home Mortgage, et al., 10-CV-1290 IEG 6 (BLM) (Served as co-lead counsel for a settlement class of borrowers in 7 connection with residential or automotive loans and violations of the 8 TCPA in attempts to collect on those accounts; obtained a common 9 settlement fund in the amount of $17,100,000; final approval granted in 2013); K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 10 11 d. Conner v. JPMorgan Chase Bank, et al., 10-CV-1284 DMS (BGS) (S.D. 12 Cal.) (Currently serving as co-lead counsel for the settlement class of 13 borrowers in connection with residential loans and TCPA violations 14 stemming from the collection of those accounts; Settlement of more than 15 $11,000,000.00 preliminarily approved); 16 e. In Re: Midland Credit Management, Inc., Telephone Consumer 17 Protection Act Litigation, 11-md-2286 MMA (MDD) (S.D. Cal.) 18 (Counsel for a Plaintiff in the lead action, prior to the action being 19 recategorized through the multi-district litigation process; still actively 20 involved in the MDL litigation and settlement process); 21 f. In Re: Portfolio Recovery Associates, LLC Telephone Consumer 22 Protection Act Litigation, 11-md-02295-JAH (BGS) (Counsel for a 23 Plaintiff in the lead action, prior to the action being recategorized through 24 the multi-district litigation process; still actively involved in the MDL 25 litigation and settlement process); 26 /// 27 /// 28 /// DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 4 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page5 of 14 1 g. Arthur v. SLM Corporation, 10-CV-00198 JLR (W.D. Wash.) 2 (nationwide settlement achieving the then-largest monetary settlement in 3 the history of the TCPA: $24.15; final approval granted in 2012) 4 h. Lo v. Oxnard European Motors, LLC, et al., 11-CV-1009-JLS-MDD 5 (S.D. Cal.) (achieving one of the highest class member payouts in a 6 TCPA action of $1,331.25; final approval granted in 2012); 7 i. Sarabri v. Weltman, Weinberg & Reis Co., L.P.A., 10-01777-AJB-NLS 8 (S.D. Cal.) (approved as co-lead counsel and worked to obtain a national 9 TCPA class settlement where claiming class members each received K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 10 payment in the amount of $70.00; final approval granted in 2013); 11 j. Barani v. Wells Fargo Bank, N.A., 12-CV-02999-GPC-KSC (S.D. Cal.) 12 (Class action settlement under the TCPA for the sending of unauthorized 13 text messages to non-account holders in connection to wire transfers; 14 preliminarily approved for $950,000.00) 15 k. Sherman v. Yahoo!, Inc., 2014 U.S. Dist. LEXIS 13286; 13-CV-0041- 16 GPC-WVG (S.D. Cal.) (TCPA class action where Defendant’s motion 17 for summary judgment was denied holding that a single call or text 18 message with the use of an ATDS may be actionable under the TCPA). 19 l. Olney v. Progressive Casualty Insurance Company, 2014 U.S. Dist. 20 LEXIS 9146 (S.D. Cal.); 13-CV-2058-GPC-NLS (Defendant’s motion to 21 dismiss or in the alternative to strike the class allegations was denied 22 finding that debt collection calls were not exempt from coverage under 23 the TCPA, case pending); 24 m. Iniguez v. The CBE Group, Inc., 2013 U.S. Dist. LEXIS 127066 (E.D. 25 Cal.); 13-CV-00843-JAM-AC (the court denying Defendant’s motion to 26 dismiss and to strike class allegations holding that the TCPA applies to 27 any call made to a cellular telephone with an ATDS); 28 DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 5 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page6 of 14 1 n. Mills v. HSBC Bank Nevada, N.A., Case No. 12-CV-04010-SI (N.D. 2 Cal.) (TCPA class action, settled and drafting preliminary approval 3 papers); 4 o. Martin v. Wells Fargo Bank, N.A., 12-CV-06030-SI (N.D. Cal.); 5 p. Heinrichs v. Wells Fargo Bank, N.A., 13-CV-05434-WHA (N.D. Cal.); 6 q. Newman v. ER Solutions, Inc., 11-CV-0592H (BGS); 7 r. In Re Jiffy Lube International, Inc., MDL No. 2261 [Finally approved for $47,000,000.00]; 8 s. Jaber v. NASCAR, 11-CV-1783 DMS (WVG) (S.D. Cal.); K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 9 10 t. Ridley v. Union Bank, N.A., 11-CV-1773 DMS (NLS) (S.D. Cal.); 11 u. Ryabyshchuk v. Citibank (South Dakota) N.A., et al, 11-CV-1236 IEG (WVG); 12 13 v. Sherman v. Kaiser Foundation Health Plan, Inc., 13-CV-0981-JAH 14 (JMA) (S.D. Cal.) (TCPA class action, settled and drafting preliminary 15 approval papers); w. Rivera v. Nuvell Credit Company LLC, 13-CV-00164-TJH-OP (E.D. 16 Cal); and, 17 18 x. Hoffman v. Bank of America, 12-cv-539 JAH (DHB) (S.D. Cal.) 19 (California class action settlement under Penal Code 632 et seq., for 20 claims of invasion of privacy. Settlement resulted in a common fund in 21 the amount of $2,600,000; preliminarily approved on February 13, 2014; 22 y. Karayan v. Gamestop Corp., 3:12-CV-01555-P; and, 23 z. Couser v. Comenity Bank., 12-cv-484 MMA (BGS) (S.D. Cal.) 24 (California class action settlement under Penal Code 632 et seq., for 25 claims of invasion of privacy. Settlement resulted in a common fund in 26 the amount of $8,400,000; preliminarily approved on October 2, 2014. 27 /// 28 /// DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 6 OF 14 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page7 of 14 1 8. The cases listed above, many of which have already settled, have resulted in 2 the creation of combined common funds and/or distribution to class member 3 in the hundreds of millions of dollars. The outstanding results mentioned 4 above are a direct result of the diligence and tenacity shown by both myself 5 and Kazerouni Law Group, APC in successfully prosecuting complex class 6 actions. 7 Additional Relevant Training, Speaking/Teaching Engagements and 8 Associations 9 9. I have undergone extensive training in the area of consumer law and the 10 Telephone Consumer Protection Act. The following is a list of recent 11 training conferences I attended: 12 a. Four-day National Consumer Law Center Conference; Nashville, TN – 2008; 13 b. Three-day National Consumer Law Center Conference; Portland, OR - 14 2008; 15 c. Three-day National Consumer Law Center Conference; San Diego, CA - 16 2009; 17 d. Three-day National Consumer Law Center Conference; Seattle, WA - 18 2011; 19 e. Speaker ABA National Conference, Business Litigation Section; Trends 20 in Consumer Litigation; San Francisco, CA – 2013; 21 f. One-Day Class Action Symposium for Consumer Attorneys of 22 California; San Francisco - February 25, 2014; and, 23 g. Two-day Class Action Symposium – May 2-3, 2014. 24 25 10. As one of the main plaintiff litigators of consumer rights cases in the 26 Southern of California, I have been requested to and have made regular 27 presentations to community organizations regarding debt collection laws and 28 consumer rights. These organizations include Whittier Law School, Iranian DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 7 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page8 of 14 1 American Bar Association, Trinity School of Law and Chapman Law School, 2 University of Southern California, Irvine, and California Western School of 3 Law. I was the principal anchor on Time Television Broadcasting every 4 Monday night, as a consultant on consumer law for over a year in 2012. 5 11. 6 I serve as an adjunct professor at California Western School of Law, where I 7 am tasked with providing curriculum and instruction on a three-credit 8 Consumer Law course. 9 12. I am a member in good standing of the following local and national associations: 10 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 In addition to the above listed conferences I have attended in the recent past, 11 a. National Association of Consumer Advocates 12 b. Federal Bar Association; 13 c. American Association for Justice; 14 d. Consumer Attorneys of California; and, 15 e. Iranian American Bar Association. 16 Overview of Kazerouni Law Group, APC’s Efforts in this Action 17 Contingent Nature of Action 18 13. There is pending in the United Stated District Court for the Southern District 19 of California, a civil action entitled Than Zaw v. Nelnet Business Solutions 20 Inc., C 13-05788 RS (“Zaw Action”) wherein Plaintiff alleged that Defendant 21 had violated California Civil Code § 632 by recording Plaintiff without 22 Plaintiff’s knowledge and/or consent. 23 14. This matter required Kazerouni Law Group, APC to spend time on this 24 consolidated litigation that could have been spent on other matters. My firm 25 has not been paid anything for our work on these cases since they were filed. 26 It is my opinion that law firms in such a position expect to receive a 27 multiplier in cases such as these because of the risk taken, the extent to which 28 firms are unable to take on other cases, the delay in getting paid and the costs DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 8 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page9 of 14 1 we have to advance. At various times during the litigation of this class 2 action, this lawsuit has consumed my time as well as my firm’s resources. Kazerouni Law Group, APC’s Lodestar 3 4 Kazerouni Law Group, APC has maintained contemporaneous time records 5 since the commencement of this action. I have worked a total of 106.6 hours 6 in this action, with a total lodestar of $58,097.00.1 7 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 15. 16. All attorneys and staff at Kazerouni Law Group, APC are instructed to 8 maintain contemporaneous time records reflecting the time spent on this and 9 other matters. The regular practice at Kazerouni Law Group, APC is for all 10 attorneys and staff to keep contemporaneous time records, maintained on a 11 daily basis, and describing tasks performed in 0.1-hour increments. Firm 12 policy requires all staff to enter their time into an electronic timekeeping 13 system on a daily basis. I review and audit the time on a regular basis. In 14 addition, I have removed the time billed by our paralegals and legal 15 assistants. Thus, I have calculated the lodestar on time incurred by attorneys 16 only. 17 17. Kazerouni Law Group, APC’s lodestar will grow slightly as we continue to 18 finalize the settlement process and close the litigation. The claims period 19 will last for a short time after submission of this Motion for Attorneys’ Fees 20 and Costs, and Kazerouni Law Group, APC’s commitment of time and labor 21 to this case will continue until and beyond that date. Kazerouni Law Group, 22 APC will continue to assist Class members with individual inquiries, will 23 oversee the claims resolution process, and Class Counsel will help resolve 24 Class member challenges to the result of their claims submissions. Judging 25 by previous experiences, these responsibilities will require amount of hours 26 of work by Class Counsel over the coming months. 27 28 1 The hourly rate sought and used in this lodge calculation is $545. DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 9 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page10 of 14 Kazerouni Law Group, APC’s Costs 1 2 18. 3 expended on each case in the ordinary course of business, which books and 4 records evidence which checks have issued on each case and/or which 5 accounts payable are associated with each matter. I have reviewed the 6 records of costs expended in this matter. 7 19. Kazerouni Law Group, APC has incurred $622.30 in court costs, travel and 8 mediation expenses in the Zaw actions. In conferring with my co-counsel at 9 Hyde & Swigart and the Law Office of Todd Friedman, I determined that our total costs for this matter are $15,677.11. 10 Reasonableness of Hourly Rates 11 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 Kazerouni Law Group, APC maintains all books and records regarding costs 12 20. ranges charged by comparable law firms in the State of California.2 13 14 Kazerouni Law Group, APC’s hourly rates are reasonable in respect to the 21. From 2009 through present Kazerouni Law Group, APC’s approved hourly 15 rate for both attorneys and support staff has steadily increased. Different 16 rates have been approved based on the complex or non-complex nature of the 17 litigation. For non-complex matters, courts have regularly awarded an hourly 18 rate for partners between $300 and $395.3 For complex matter, Kazerouni 19 20 21 22 23 24 25 26 27 28 2 See National Law Journal article dated December 10, 2007, detailing partners’ hourly rates at many law firms across the country. Note that in the 2007 time period reflected in that article that partners at the California law firms billed out in excess of $450 per hour. Luce, Forward, Hamilton & Scripps in San Diego at that time billed out its partners at a median hourly rate of $475, with a low of $325 and a high of $725. Loeb & Loeb in Los Angeles billed its partners at a median of $600, with a low of $425 and a high of $875. Manatt, Phelps & Phillips in Los Angeles billed its partners at a median rate of $590 per hour, with a low of $520 and a high of $785. Fenwick & West of the Silicon Valley in Mountain View, California billed its partners at a median rate of $600 per hour, with a low of $500 and a high of $775 per hour. Our three firms’ hours hourly rates are well within the ranges reflected therein, and those rates in the article are from 2007, and likely have increased substantially since then. 3 See Grande, et al. v. Fair Collections & Outsourcing, Inc., CV12-4659 PA(SHx) (C.D. Cal.) [Dkt. No. 48](Approving attorney Kazerounian at $300 per hour). DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 10 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page11 of 14 1 Law Group, APC’s reasonable billing rate has been approved by the Courts 2 from $395 - $545. The hourly rate sought in this matter is $545 per hour. 3 22. While I have sought in the past and have been approved by the past, I am not 4 currently seeking reimbursement for the time my paralegal has spend on the 5 combined manners. The total lodestar sought is based solely on the attorney 6 hours incurred by me. Overview of Work Performed 7 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 8 23. To provide the Court with an overview of the work done by Kazerouni Law 9 Group, APC in this case, without requiring the review of our voluminous 10 time records themselves, I divide my firm’s work into specific phases that 11 track the progress of the litigation from our initial investigation through 12 settlement. 13 24. Initial Case Investigation. Such investigation included the following: 14 Conducting extensive factual and legal research into the merits of the privacy 15 claims; discussing the facts with my client; conducting research on the 16 Defendant and subsidiaries including whether Defendant had been 17 investigated for any prior privacy violations; discussing joint prosecution of 18 the action; and drafting, revising, and filing the Complaint, as well as 19 drafting and filing the amended Complaint. 20 25. Motion Practice. I was forced to devote many hours to Motion practice on 21 this matter. 22 Determination of Discovery Dispute. I was also required to expend time 23 preparing Motions for Preliminary Approval, Final Approval and the current 24 Fee Petition. 25 26. Said hours were necessary to prepare a Joint Motion re Mediation. Preparing for mediation consumed numerous hours for reviewing 26 case law and preparing the mediation brief. In addition, I was required to 27 travel and from mediation with the Honorable Edward A. Infante (Ret.). 28 DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 11 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page12 of 14 1 27. 2 the deposition of Defendant’s F.R.C.P. 30(b)(6) witness for the purposes of 3 confirmatory discovery. 4 28. Preliminary Approval and Overseeing Settlement Administration. As stated 5 above I spent a considerable amount of time drafting and conferring with 6 opposing counsel on the preliminary approval motion and supporting 7 documentation. Once this matter was granted preliminary approval, I spent 8 numerous hours overseeing the notice and administrative process. 9 29. 11 Motion for Attorneys’ Fees and Costs. I spent a substantial number of hours researching, drafting and filing the current Motion. 10 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 Confirmatory Discovery. I spent numerous hours drafting and preparing for 30. Anticipated Additional Hours Expended. I anticipate a significant amount of 12 work and hours will be expended after the filing of the fee application in this 13 matter. Based on previous settlements, it can be reasonably estimated that an 14 additional 25 hours will be expended on overseeing the administration of the 15 settlement, preparing the final approval papers and attending the final 16 approval hearing. 17 Careful Review of Class Counsel’s Lodestar and Deletion of Duplicative Work 18 31. I personally reviewed the time reported in this matter for all attorneys, law 19 clerks, paralegals, and other personnel. I can therefore confidently assert that 20 the lodestar and hours reported in this declaration are reasonable, particularly 21 in light of our efforts and accomplishments in this litigation. Multiplier Sought 22 23 32. My lodestar totals $58,097.00 24 33. We are seeking a multiplier of 1.82,4 based upon the total fees incurred by all 25 Class Counsel lodestars of $163,338.00 and the amount of fees sought of 26 $297,027.00. 27 28 4 The precise multiplier sought by Class Counsel is 1.818480696; however, Class Counsel refers to the approximate multiplier of 1.82 for the sake of clarity. DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 12 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page13 of 14 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 1 34. This case is such a case that would not have been pursued by any counsel in 2 the local geographical area unless a multiplier would be awarded. This is 3 based on the contingency nature of this matter, the litigation risks involved, 4 and the lost opportunity costs associated with undertaking this action, which 5 could have been allocated to other cases. Such a multiplier is expected 6 because of the type of class of cases in which this action falls into. 7 Furthermore, there is absolutely no incentive for a client to hire an attorney 8 on an hourly basis to pursue the statutory damages for a Penal Code § 632 9 privacy violation if the maximum recovery would be $5,000. That would be 10 non-economical for any client as the attorneys’ fees would far exceed any 11 potential recovery. 12 35. Furthermore, cases in which I charge an hourly rate take into account that I 13 will likely be paid for my work. If I am not being paid, I can withdraw from 14 the case if necessary and not have to be committed to doing work for perhaps 15 years on a case without knowing if I will be paid or not. Here, and in this 16 class of privacy cases, I and other counsel take these cases on only because 17 the attorneys in the local area expect to be paid a multiplier if the case is 18 successful. 19 obtained for class members, which would not have otherwise received 20 anything. 21 36. Here the case was successful and substantial recovery was Based on the type of case, the fact there is not a fee shifting provision and the 22 result obtained a multiplier of approximately 1.82 is warranted in this case. I 23 took this case on contingency, with no guarantee of ever being paid and faced 24 substantial risk should the case proceed to trial. From the onset of this 25 litigation my firm and co-counsel have expended our own resources with the 26 risk that we would recover nothing. 27 /// 28 /// DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 13 OF 14 Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page14 of 14 Incentive Awards Being Sought 1 2 37. 3 representative is applying for an incentive awards. The class representative 4 has been active in this litigation and provided critical information to their 5 counsel, which made the successful litigation of this matter possible. Zaw 6 assisted with the factual investigation in to his claims. 7 himself available by telephone on the date of the mediation, reviewed and 8 approved the settlement. 9 38. 11 39. As an incentive award, Zaw seeks $1,500 for his service as a class Based on the amount of work and involvement by Zaw, the incentive award in this case is justified. 12 13 Zaw also made representative. [Settlement Agreement, ¶ 7]. 10 K AZERO UNI LAW G RO UP, APC 24 5 F ISCHE R A VENUE , U NIT D1 C OS TA M ES A , CA 92 62 6 As set forth in the Motion for Preliminary Approval, the named class 40. Class Counsel’s retainer agreement with Zaw provides that counsel may be 14 entitled to attorneys’ fees and “that such an award of attorneys’ fees may be 15 as much as 33 1/3% of any settlement fund or judgment...” 16 17 I declare under penalty of perjury of the laws of California and the United States 18 that the foregoing is true and correct, and that this declaration was executed in 19 Costa Mesa, CA on October 3, 2014. 20 21 22 By: /s/ Abbas Kazerounian Abbas Kazerounian, Esq. 23 24 25 26 27 28 DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF PAGE 14 OF 14
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