MARLIN & SALTZMAN 29800 Agoura Road, Suite 210 Agoura

DECLARATION OF MARCUS J. BRADLEY PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES, COSTS AND INCENTIVE AWARDS

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MARLIN & SALTZMAN Stanley D. Saltzman (SBN 90058) Adam M. Tamburelli (SBN 301902) 29800 Agoura Road, Suite 210 Agoura Hills, California 91301 Telephone: (818) 991-8080 Facsimile: (818) 991-8081 [email protected] Paul T. Cullen (SBN 193575) THE CULLEN LAW FIRM, APC 19360 Rinaldi Street, Box 647 Porter Ranch, CA 91326 818-360-2529/ fax 866-794-5741 [email protected] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA -- WESTERN DIVISION GERARDO ORTEGA and MICHAEL D. PATTON, individually and on behalf of themselves, all others similarly situated, and the general public, Plaintiffs, vs. J. B. HUNT TRANSPORT, INC., an Arkansas corporation; and DOES 1 to 10, inclusive, Defendants.

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CASE NO. 2:07-CV-08336-RGK-SH CLASS ACTION (FRCP 23) DECLARATION OF MARCUS J. BRADLEY IN SUPPORT OF PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES, COSTS AND INCENTIVE AWARDS

Case 2:07-cv-08336-RGK-AFM Document 356-9 Filed 12/28/18 Page 1 of 6 Page ID #:15258

mailto:[email protected]


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DECLARATION OF MARCUS J. BRADLEY

I, Marcus J. Bradley hereby declares as follows:

1. I am an attorney at law duly licensed to practice law before all of the

courts of the State of California, and most of the district courts within the Ninth

Circuit. I am a partner in the law firm of Bradley/Grombacher LLP and formerly a

partner at Marlin & Saltzman, LLP and Schwartz, Daniels & Bradley. In my capacity

as counsel I have been actively involved with all aspects of this litigation.

Accordingly, I have personal knowledge of all the matters set forth herein, and if

called, I could and would competently testify to the following:

2. I, along with Stanley Saltzman and Paul Cullen, have worked closely

on behalf of the class.

3. The litigation history is described more fully in the Declarations of

Stanley Saltzman and Paul Cullen and will not be restated here.

Attorneys’ Fee Award

4. Based upon the terms of the Settlement, Plaintiffs’ Counsel may

collectively apply to the Court for an award of attorneys’ fees up to $5,000,000.

5. I have practiced law since 1994. In 2000, I joined Mazursky, Schwartz

& Angelo as an associate and became a partner in January 2005 at which time the

firm was renamed Schwartz, Daniels & Bradley. I remained as a partner until the

dissolution of the firm effective December 31, 2008. In January 2009, I became a

partner with the law firm of Marlin & Saltzman. On September 1, 2016, I formed

Bradley/Grombacher LLP. I personally, have been appointed as lead counsel or co-

lead counsel on numerous occasions, and we litigate vigorously on behalf of the

classes that we represent. A further view of our firm can be had at our firm website,

at www.bradleygrombacher.com.



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6. I have been responsible for all facets of class action employment and

other complex litigation, from pre-filing investigation through trial and appeal. Since

approximately May 2000, I have spent most of my time representing workers in

wage and hour matters. I have litigated these issues in class actions to favorable

statewide settlements that have recouped over $750,000,000.00 in unpaid wages,

including the following:

a. Guttierez v. State Farm Mutual, Los Angeles Superior Court

(BC236552). Class action mis-classification case seeking overtime compensation

for approximately 2,600 insurance claims adjusters employed by State Farm. The

Class was certified and summary adjudication was granted as to liability in favor of

the Class. The case settled for $135 million just prior to trial, with Final Approval

granted and no objections filed. A fee of 33.3% of the fund was awarded by the

Honorable Anthony Mohr.

b. Bednar v. Allstate Insurance Company, Los Angeles Superior Court

(BC240813). Class action mis-classification case seeking overtime compensation

for approximately 1,200 insurance claims adjusters employed by Allstate. The Class

was certified and summary adjudication was granted as to liability in favor of the

Class. The case settled for $120 million just prior to trial, with Final Approval

granted and no objections filed. A fee of 33.3% of the fund was awarded.

c. Roberts v. Coast National Insurance, Orange County Superior Court

(01CC08478). Class action mis-classification case seeking overtime compensation

for insurance claims adjusters employed by Coast National Insurance. Certification

granted, and then the matter was tried to a binding arbitrator. Case settled during

the arbitration for in excess of $18 million. A fee of 33.3% of the fund was awarded

by the Hon. Steven Sunvold (Ret.).

d. CNA Class Action Litigation, Los Angeles Superior Court Class (JCCP

4230). Class action mis-classification case seeking overtime compensation for



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insurance claims adjusters employed by Defendant. Case settled for $33 million,

with Final Approval granted and no objections filed. A fee of 33.3% of the fund was

awarded by the Hon. Victoria Cheney.

e. Dotson v. Royal SunAlliance, Orange County Superior Court

(02CC01787). Class action mis-classification case seeking overtime compensation

for insurance claims adjusters employed by Royal SunAlliance. Case settled for

$12.3 million, with Final Approval granted and no objections filed. A fee of 33.3%

of the fund was awarded.

f. Parris v. Lowe's Home Improvement, venued in the Los Angeles

Superior Court. Class action seeking payment of "off the clock" hours worked by

all hourly8 employees of Lowe's in the State of California. Class was certified by

the Court of Appeal and remanded for further proceedings. A $29.5 million

settlement was approved without objection, with a fee of 33.3% of the fund awarded

by the Honor Aurelio N. Munoz (Ret.).

g. Pardo v. Toyota Motor Sales, et al. Los Angeles Superior Court

(BC372781). Class action mis-classification of workers with claims for overtime

and missed meal and rest breaks. The case only covered a period of 1.5 years, as the

defendants had re-classified back in 2005. The case settled for $7.75 million with a

fee of 28% awarded.

h. Smith/Ballard v. Wal-Mart Stores, Inc. United States District Court for

the Northern District of California. Wage and hour class action seeking unpaid

vacation and personal time, unpaid wages, and related penalties on behalf of over

245,000 employees. The action was certified and settled for $86 million, while

Defendants’ appeal of the certification was pending in the Ninth Circuit Court of

Appeals.

i. Hoyng v. AON, venued in the Los Angeles Superior Court (BC377184).

Wage and hour litigation seeking overtime and related compensation for mis-



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classification on behalf of Relationship and Account Specialists. The case settled

for $10.5 million with a 33.3% fee awarded by the Hon. Carolyn Kuhl.

j. In RE Bank of America Wage and Hour Employment Practices

Litigation, MDL 2138, United States District Court for the District of Kansas.

California state and FLSA wage and hour litigation for various violations including

unpaid overtime and “off-the-clock” work. Settled for $73 million with a 28% fee

awarded.

k. H & R Block Litigation, United States District Court for the Northern

District of California. Class certified, and settlement reached prior to trial Total

settlement of $35 million.

7. All of the counsel played important roles in the handling of the

litigation. All counsel cooperated fully whenever called upon, whether it related to

discovery needs, distinct research projects that could be handled by them, or working

with the particular representative plaintiff or class members.

8. I believe that at all times, we made good-faith efforts to reduce

duplication of efforts between Plaintiffs’ attorneys. To this end, we also deleted a

number of hours actually worked from our lodestar calculations, which hours we

considered not to be necessary to the effective litigation of this case.

9. Based on a review of the time previously incurred in the case, and by

the time this case is fully administered, I will have spent more than 246.801 hours

on this matter. It should be noted that the 246.80 hours reflects time I incurred since

I left Marlin & Saltzman in 2016. Any time I incurred on this matter prior to leaving

Marlin & Saltzman is captured in the time submitted by Marlin & Saltzman.

10. Based on my 24 years of experience my billing rate is $750. Using a

rate of $750, the lodestar amount I have devoted to this case is $185,100.

1 Detailed billing is attached as Exhibit A to this declaration.



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11. In my 24 years practicing as an attorney in this state, I have handled

hundreds if not thousands of cases, many of them on a contingency basis. The

contingency fees we have charged to our clients have generally fallen within the

range of 33.3% to 40% of the recovery achieved. Additionally, I am aware by virtue

of these 24 years in the field, that such contingency fees are normal and customary

in the field, and have been for the entire length of my career. Of course, since we

are a contingent firm, in the cases where we do not achieve a recovery, which has

unfortunately occurred including on cases we have taken all the way through trial

and appeal, we then recover nothing, and are normally out of pocket on all of the

expenses and costs advanced.

I declare under penalty of perjury under the laws of the State of California that

the foregoing is true and correct to the best of my personal knowledge. This

declaration is executed this 28th day of December, 2018, at Westlake Village,

California. /S/ MARCUS J. BRADLEY Marcus J. Bradley


EXHIBIT A To the Declaration of Marcus J. Bradley In Support of Plaintiffs’

Motion for Attorneys’ Fees, Costs, and Incentive Awards


EXHIBIT A To the Declaration of Marcus J. Bradley






















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MARLIN & SALTZMAN 29800 Agoura Road, Suite 210 Agoura