chavez & gertler llp braun law group, p.c....subsequently employed with the law firm of...

1 DECLARATION OF MARK A. CHAVEZ ISO MOTION FOR ATTORNEYS’ FEES, ETC.

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CHAVEZ & GERTLER LLP Mark A. Chavez (CA Bar No. 90858) Nance F. Becker (CA Bar No. 99292) 42 Miller Avenue Mill Valley, California 94941 Tel: (415) 381-5599 Fax: (415) 381-5572 [email protected] [email protected] BRAUN LAW GROUP, P.C. Michael D. Braun (Bar No. 167416) 1999 Avenue of the Stars, Ste. 1100 Los Angeles, California 90067 Tel: (310) 836-6000 Fax: (310) 836-6010 [email protected] LAW OFFICES OF ANDREW KIERSTEAD Andrew S. Kierstead (Bar. No. 132105) 1001 SW 5th Avenue, Suite 1100 Portland, Oregon 97204 Tel: (508) 224-6246 Fax: (508) 244-4356 [email protected] Attorneys for Plaintiffs Nicholas Miller, Jeffrey Borneman, and the Proposed Class

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

NICHOLAS MILLER and JEFFREY BORNEMAN, individually and on behalf of all others similarly situated, Plaintiffs, vs. WISE COMPANY INC., Defendant.

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Case No: 5:17-cv-00616-JAK-PLA CLASS ACTION DECLARATION OF MARK A. CHAVEZ IN SUPPORT OF PLAINTIFFS’ MOTION FOR AWARD OF ATTORNEYS’ FEES, COSTS, EXPENSES AND SERVICE AWARDS Hrg. Date: July 15, 2019 Time: 8:30 a.m. Ctrm: 10B Hon. John A. Kronstadt


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I, Mark A. Chavez, declare as follows:

1. I am an attorney admitted to practice before all courts of the State of

California and before this Court, a partner in the law firm Chavez & Gertler LLP,

and one of the counsel of record for Plaintiffs Nicholas Miller, Jeffrey Borneman,

and the certified Settlement Class in this action. I have been involved in the

litigation from the inception and have personal knowledge of all matters stated

below, and if called upon to do so I could testify competently to them. I offer this

declaration in support of Plaintiffs’ Motion For Award of Attorneys’ Fees, Costs,

Expenses and Service Awards in connection with the very successful resolution of

this action.

2. In its order preliminarily approving the settlement of this consumer

class action (Dkt. 47), the Court approved Chavez & Gertler LLP, Braun Law

Group P.C., and Law Offices of Andrew Kierstead as co-Class Counsel, and

designated my firm lead counsel. Notice of the Settlement has been given, and the

Court is scheduled to hear and decide this motion at the Final Fairness Hearing on

July 15, 2019.

3. In this Declaration, I attest to the qualifications of myself and the other

Chavez & Gertler attorneys who worked on this case; the fee lodestar; the

reasonableness of the lodestar; and the reasons why a fee multiplier is warranted. I

also attest to the costs that our firm incurred on behalf of the Plaintiffs and the

Class, and provide documentation thereof.

PERSONAL QUALIFICATIONS

4. I am a co-founder and senior partner in Chavez & Gertler LLP. I have

been practicing law for 40 years and have extensive experience in consumer

protection and class action litigation.

5. I received my B.A. summa cum laude from the University of the

Americas in 1975 and my J.D. from Stanford Law School in 1979. In the fall of

1978, I served as a Judicial Extern for the Honorable Mathew O. Tobriner, then


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Senior Associate Justice of the California Supreme Court. After graduating from

law school, I joined the Civil Division of the United States Department of Justice in

Washington, D.C., through the Attorney General’s Honors Program. I was

subsequently employed with the law firm of Pillsbury, Madison & Sutro in San

Francisco, California as an associate, and was a partner in the law firm of Farrow,

Bramson, Chavez & Baskin in Walnut Creek, California. For 23 years, I have been

a partner in the law firm of Chavez & Gertler LLP in Mill Valley, California

handling class action litigation on behalf of plaintiffs.

6. I am a member in good standing of the California State Bar and the

bars of United States District Courts for the Northern, Eastern, Central and

Southern Districts of California. Although I am based in California, I practice

throughout the country. In connection with individual cases, I have been admitted to

appear before the United States District Courts for the District of Arizona, the

District of Colorado, the District of Columbia, the Middle District of Florida, the

Southern District of Florida, the District of Idaho, the Northern District of Illinois,

the District of Massachusetts, the District of New Jersey, the Eastern District of

New York, the Eastern District of Pennsylvania and the Western District of

Washington. I have also been admitted pro hac vice and have appeared before state

trial courts in Alabama, Arizona, Florida, Missouri, Nevada, Ohio, Washington, and

West Virginia.

7. I am admitted to practice before the United States Supreme Court and

the United States Court of Appeals for the Ninth Circuit, the District of Columbia

Circuit and the Eleventh Circuit. I have argued appeals before the United States

Court of Appeals, the California Supreme Court and the California Court of

Appeals.

8. In the 40 years that I have been practicing law, I have spent the vast

majority of my career litigating class action cases. I have had extensive experience

handling such actions in both the federal and state courts. In April 2000, I


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successfully argued Linder v. Thrifty Oil, (2000) 23 Cal.4th 429 before the

California Supreme Court, on behalf of amicus the Consumer Attorneys of

California. Linder was the first decision on class certification issues decided by the

California Supreme Court in nearly two decades. I was co-counsel for the plaintiff

class in Washington Mutual Bank, F.A. v. Superior Court, (2001) 24 Cal.4th 906, in

which the California Supreme Court defined the rules governing certification of

nationwide classes in California. In addition, I was lead counsel for the plaintiffs

and argued before the California Supreme Court in Olszeweski v. ScrippsHealth,

(2003) 30 Cal.4th 798. I was also co-counsel for the plaintiff class in In re Tobacco

Cases II (2007) 41 Cal.4th 1257.

9. In the course of my career, I have also served as lead or co-lead

counsel in over 120 other class actions filed in courts around the country. I have

extensive experience and expertise handling consumer class actions in federal and

state court.

10. I and my firm have received a number of honors and awards for our

work. I have been A-V rated by Martindale-Hubbell for over 20 years. In 1994, I

was selected to deliver the opening address at the National Consumer Rights

Litigation Conference in recognition of my work on behalf of consumers

challenging force placed insurances charges by lenders around the country. My firm

was named Law Firm of the Year by the Los Angeles Center for Law & Justice in

2001. I have been selected as a Northern California Super Lawyer on nine

occasions. In 2006, the Bar Association of San Francisco honored me with its

Champion of Justice Award. My firm received the Equal Justice Award from the

Law Foundation of Silicon Valley in 2007. In March 2012, I received the Guardian

of Justice Award from Bay Area Legal Aid. I was also named the Consumer

Attorney of the Year Award from the National Association of Consumer Advocates

in November 2013. Most recently, the National Consumer Law Center bestowed

upon me the Vern Countryman Award in October 2016. The Award is presented


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annually at the National Consumer Rights Litigation Conference “to a legal services

or other public interest attorney whose special contributions to the practice of

consumer law have strengthened and affirmed the rights of low-income

Americans.” The Countryman Award is generally regarded as the pinnacle of

achievement in the field of consumer law.

11. My primary role in this action has been to supervise the work of my

colleagues at Chavez & Gertler, to take the lead in the mediation, and to negotiate

the terms of the Settlement and oversee its implementation.

QUALIFICATIONS OF OTHER CHAVEZ & GERTLER ATTORNEYS

Nance F. Becker

12. Ms. Becker has taken the lead on the day to day litigation of this case,

and has billed the most hours of all of the attorneys. Among other things, she

drafted discovery to Wise, interviewed and worked with the expert witnesses to

prepare their lengthy declarations, researched and drafted Plaintiffs’ Motion for

Class Certification and the Motion for Preliminary Approval, and prepared the

Memorandum and other supporting documentation for this motion.

13. Ms. Becker joined Chavez & Gertler LLP in 2007 and became a

partner in the firm the following year. Prior to that, she was a member of Rogers

Joseph O’Donnell & Quinn (nka Rogers Joseph) and later a partner in Banchero &

Lasater/Law Offices of Jeffrey Banchero. At those firms, she handled a wide range

of complex commercial litigation, including unfair business practices, contract and

insurance coverage disputes, fraud in connection with accounting and investments,

environmental issues, plaintiff personal injury and toxic torts.

14. Since joining Chavez & Gertler, Ms. Becker has continued to work on

complex litigation matters and has expanded her practice to focus on consumer and

civil rights. She has worked with me on dozens of class actions involving unlawful

and unfair business practices against consumers, including unfair lending and debt

collection practices and violations of the Rees-Levering Automobile Sales and


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Finance Act, and cases brought to redress discrimination against individuals with

disabilities. She has been approved as co-class counsel in some two dozen class

actions brought in state and federal court. Those cases included being co-counsel in

the litigation and settlement of what was then the largest reported settlement of a

case involving the Fair Credit Reporting Act (Roe v. Intellicorp, N.D. Ohio Case

No. 1:12-cv-02288), and the litigation and trial, with co-counsel, of a consumer

class action challenging unlawful fees by a title insurance agency, Villanueva v.

Fidelity National Title Company, Cal. Superior Court for the County of Santa Clara,

Case No. 1-10-CF-173356, for which she was co-nominated as Trial Lawyer of the

Year by the San Francisco Trial Lawyers Association.

15. Ms. Becker graduated Order of the Coif from Stanford Law School

and was admitted to the California Bar in 1981. She is admitted to practice before

all United States District Courts in the State of California, the Ninth Circuit Court

of Appeals and the United States Court of Claims, and has appeared as counsel of

record in over two dozen appeals. Ms. Becker has argued cases before the

California Supreme Court, California Courts of Appeal and appellate courts in

Washington and Utah.

Dan Gildor

16. Mr. Gildor joined Chavez & Gertler as an associate attorney in

October 2007 and became a partner in December 2014. He graduated from the

University of California at Berkeley School of Law (Boalt Hall), Order of the Coif,

in 2002. Mr. Gildor has more than twelve years of experience as a litigator at both

trial court and appellate levels. He has participated in various cases that resulted in

published opinions including Burbank v. State Water Resources Control Board

(2005) 35 Cal.4th 613 and Building Industry Assn. of San Diego County v. State

Water Resources Control Bd. (2004) 124 Cal.App.4th 866. He has also been

published twice on environmental law matters in the Ecology Law Quarterly.


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17. Before joining Chavez & Gertler, where he specialized in consumer

and wage and hour class actions, Mr. Gildor was a staff attorney at a number of

public interest environmental organizations such as the Natural Resources Defense

Council, the Save Our Springs Alliance, and the Environmental Law Foundation.

Mr. Gildor’s legal experience includes clerking for the United States Department of

Justice, Earthjustice, and the law firms of Pillsbury Winthrop and Shute, Mihaly

and Weinberger LLP. After law school, Mr. Gildor clerked for the Honorable

Barbara J. Rothstein in the United States District Court Judge for the Western

District of Washington. Mr. Gildor has a Master’s Degree from Stanford University

and a Bachelor of Science degree from MIT.

18. Mr. Gildor spent 14.5 hours on this case, performing several discrete

research tasks.

Jonathan Gertler

19. Mr. Gertler is a 1983 graduate of the University of California, Hastings

College of Law. While at Hastings, he held an externship at the California Court of

Appeal, First District, and was employed for a year as a law clerk with the well-

known San Francisco plaintiffs’ firm then known as Walkup, Downing, Shelby,

Bastian, Melodia, Kelly & O’Reilly. After graduating from Hastings, he joined the

Law Offices of R. Jay Engel, subsequently Engel & Gertler, and was a Plaintiffs’

trial lawyer there until October 1993. He briefly practiced alone, then formed a

partnership with me to create Chavez & Gertler LLP in July 1994. Mr. Gertler is a

member in good standing of the California State Bar, and the Bar of the United

States District Court for the Northern, Central, and Eastern Districts of California.

He has been admitted to appear before United States District Courts in Hawaii and

New York.

20. In the 35 years that he has been practicing law, Mr. Gertler has had

substantial trial experience, acting as lead or sole trial counsel in many jury trials,

including a verdict of over $1 million in his first jury trial in 1984, and three multi-


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million dollar verdicts since 2004. He was co-lead counsel with me in a bench trial

in a consumer lawsuit under the Unfair Competition Law in 2001 which resulted in

a multi-million dollar judgment, and was lead trial counsel (with Ms. Becker) in a

month-long consumer class action in spring 2014 that resulted in a decision

permanently enjoining a major title company from engaging in an unlawful practice

of charging fees in violation of the California Insurance Code.

21. Mr. Gertler is active in numerous trial lawyer and legal aid

organizations. Those activities include serving as Past President of the San

Francisco Trial Lawyers Association, three terms as President of the Consumer

Attorneys of Marin (formerly Marin Trial Lawyers Association), and, for the past

five years, being the President of the Board of Directors of Legal Aid of Marin. He

also participates in legal education, including speaking at seminars on personal

injury, class actions and trial practice, teaching at the former Hastings College of

Law Annual College of Advocacy, and lecturing at the University of San Francisco

Law School.

22. Mr. Gertler spent 2.2 hours on this case, assisting us with research and

analysis of a complex legal issue.

Legal Assistants

23. Our firm used two highly experienced legal assistants, Jenna Raden

and Jennifer Ford, in order to save costs and conduct this complex litigation in an

efficient manner. Ms. Raden researched the history of the Wise Website and

prepared the attorney time summaries required for the motion for preliminary

approval and this motion. Ms. Ford was charged with responding to inquiries from

class members, including after Notice of the Settlement was disseminated.

Co-Counsel Andrew Kierstead

24. Attached hereto as Exhibit A is a true and correct copy of the resume

of co-Class Counsel Andrew Kierstead, which sets forth his qualifications and

experience to act as co-Class Counsel in this case, attests to his lodestar, and


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summarizes his work. As set forth in our prior pleadings, Mr. Kierstead is gravely

ill and no longer able to actively participate in these proceedings.

COMBINED LODESTAR

25. Each of the five firms who represented the Plaintiffs in this matter are

separately attesting to their hours, their rates, and the tasks they performed. Mr.

Braun’s declaration also includes information about the litigation costs his firm

expended. Based on those declarations, Plaintiffs’ total combined lodestar in this

matter is $644,302.50, reflecting 888 hours of attorney and legal assistant time.

26. At the time the action was filed, all counsel reached an agreement

regarding the allocation of any attorneys’ fees that were ultimately received. Under

this agreement, attorneys Jason Riddick and Jeffrey Huron – who were Plaintiffs’

individual attorneys, conducted a preliminary factual and legal investigation, and

then brought in Class Counsel – will receive 20% of the total award after

reimbursement of costs in recognition of their origination of the action and liaison

with the Plaintiffs. Our firm, in its role as lead counsel, will allocate the remaining

80% among Chavez & Gertler, Braun Law Group and Law Offices of Andrew

Kierstead based on our respective contributions to the result achieved.

27. The fee allocation agreement referenced above was provided to each of

the named Plaintiffs, and they have each consented to the agreement in writing.

CHAVEZ & GERTLER LODESTAR

28. My firm maintains detailed records documenting all time spent on each

of our cases, including the specific tasks performed and expenses incurred. All of

the time reported herein was incurred directly for the benefit of the Plaintiffs and

the Class.

29. All Chavez & Gertler attorney and legal assistant time is reported and

recorded contemporaneously, to the tenth of an hour, using our TimeSlips billing

program. Rather than provide a printout of the time entries, Ms. Raden collected all

of the entries and reformatted them into an Excel spreadsheet, as required by this


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Court. A true and correct copy of those entries is attached as Exhibit B hereto.

Exhibit B includes the time that was previously submitted with Plaintiffs’ Motion

for Preliminary Approval and supplemental materials (Dkt. 41), and adds the

significant additional time we have devoted to the implementation of the Settlement

and other matters since March 29, 2018, when those papers were submitted. We

have eliminated our prior estimates of future time, but included an additional 55

hours of attorney time and 10 hours of legal assistant time which, in my

professional opinion, is a reasonable estimate of the time it will take to brief the

final approval motion, represent the Plaintiffs at the Fairness Hearing, and respond

to any objections and class member inquiries assuming the Settlement is approved

and claim checks mailed.

30. In preparing this motion, I have reviewed the time records and

exercised billing judgment to reduce or eliminate entries that were erroneous,

duplicative or de minimus. Our lodestar also does not include any time for word

processing or other purely administrative tasks. As so adjusted, the total time for

Chavez & Gertler is 595.6 hours and the lodestar is $ 446,133.00. I believe that our

adjusted time is reasonable in amount, and that all of the work was necessary for the

effective and efficient prosecution and resolution of this litigation.

31. The following chart summarizes the time and sets forth the hourly rates

that comprise the lodestar for Chavez & Gertler:

Attorney Hours Rate Lodestar Mark A. Chavez 195.10 $850-$900 $167,300.00 Nance F. Becker 395.7 $750-$800 $300,825.00 Dan L. Gildor 14.5 $695 $ 10,077.50 Jonathan E. Gertler 2.2 $825 $ 1,815.00 J. Raden and J. Ford, Legal Assistants

52.4 $225 $ 11,790.00

TOTAL 659.9 $491,807.50


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32. The rates set forth above were established by me and Mr. Gertler. The

rates are set based on our regular and on-going monitoring of prevailing market

rates for attorneys of comparable skill, experience, and qualifications. The above

chart is based on the rates in effect at the time the work was performed, therefore,

my time and Ms. Becker’s time incurred, or to be incurred, in 2019 (29.3 and 81.0

hours, respectively) is charged at our slightly higher 2019 rate.

33. In setting the rates for Chavez & Gertler attorneys, we consult with

experts on attorneys’ fees issues. We also obtain information concerning market

rates from other attorneys in the area who perform comparable litigation, including

the prosecution or defense of complex and/or class action litigation, from

conversations with attorneys who are involved in fee litigation, from reviewing fee

applications that are submitted in other cases (which report the billing rates of

attorneys practicing in other firms), and the orders approving or disapproving them.

We set the billing rates for our firm to be consistent with prevailing market rates in

the private sector for attorneys of comparable skill, qualifications and experience,

but not at the higher or most aggressive end of the spectrum despite our belief that

our work product and efficiency and general quality of representation is at the upper

end of that continuum.

34. The appropriateness of our customary rates is demonstrated by the fact

that they have consistently been approved by the courts in connection with previous

applications for attorney fee awards, including numerous class actions. For

instance, our 2016 rates were approved by this District in Estakhrian v. Mark

Obenstine, et al., U.S. District Court for the Central District of Cal. No. CV11-

3480-FMO (CWx) (Order of Special Master); our 2015 rates were approved in

Noble v. Greenberg Traurig, LLP et al., Alameda Superior Court No. RG11-

593301, Wraith v. Juvenon Inc., San Mateo Superior Court No. CIV522912, and In

the Matter of the Request for Award of Compensation of Consumer Federation of

Cal., Cal. Dept. of Insurance File No. IP-2015-00005; our 2014 rates were


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approved in Jones v. Armanino LLP, Alameda Superior Court No. RG13-684105,

Freeman v. On Assignment Staffing Services, Inc., Alameda County Superior Court

No. RG12652237 (awarding $745,000 in fees and finding that “[t]he hourly rates

claimed by Class Counsel Chavez & Gertler LLP … are reasonable and appropriate

and consistent with the rates charged in the San Francisco Bay Area for attorneys

with similar qualifications, skills and experience”) and Vazquez Flores v. Neal C.

Tenen, A Law Corporation, et al., Sacramento County Superior Court Case No. 34-

2012-00118707. Our 2013 rates were approved by the United States District Court

for the Northern District of California in Bolton v. U.S. Nursing, No. 12-4466 LB,

and by the California Superior Courts in Moss-Clark v. New Way Services, Inc.,

Contra Costa County Superior Court No. 12-01391 and Mejia v.Prologix

Distribution Services (West) Inc., Alameda County Superior Court No.

RG12640974. Our rates in prior years have been approved as well. To the best of

my recollection, no court has ever found that Chavez & Gertler’s attorneys’ rates

were excessive.

PLAINTIFFS’ COMBINED LODESTAR

35. Attached hereto as Exhibit C is a spreadsheet summarizing the

combined total lodestar for all Plaintiffs’ counsel, listed by attorney and broken

down by task. The combined lodestar represents 887.85 hours of work, with a value

of $644,302.50.

A FEE MULTIPLIER IS WARRANTED

36. Plaintiffs have requested the Court to award a fee multiplier of 1.5.

That requested multiplier is, based on my experience and review of similar reported

cases, on the low end of the range of multipliers commonly awarded, and is well-

deserved in this case. Based on that multiplier, Plaintiffs are accordingly asking the

Court to award their counsel, collectively, $966,453.75 in attorneys’ fees.

//

//


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The Settlement Provides Significant Benefits To The Public And The Class

37. Plaintiffs’ efforts resulted in a comprehensive Settlement that

fundamentally altered Wise’s business practices. Heretofore, Wise categorized its

Long-Term Food Kits based on the length of time they would allegedly “last” and

the number of people they would supposedly “feed.” This concept was built into the

very names of the products, e.g., “One-Month Food Kit.” Wise also encouraged

customers to utilize and rely on a “Food Calculator” that purported to instruct them

how many and which food kits to buy based on the number of adults and children in

their family. As a result of Plaintiffs’ efforts and the Settlement, Wise will

discontinue those misleading practices and will no longer claim or represent that its

products contain an “X Day” or “X Month” supply. Wise will eliminate the Food

Calculator, and will modify the product names and descriptions on the Wise

Website and on its packaging, so as to eliminate any representations as to how long

the products will last and how many people they will feed. These changes will

protect the health and well-being of consumers for years to come, and also promote

the public interest in fair and honest advertising. These changes are precisely what

Plaintiffs sought when they decided to initiate this suit. See Borneman and Miller

Declarations.

38. The Settlement also provides significant monetary relief. Every

consumer who purchased an Eligible Product in California during the Class Period

has the right to claim a refund of 20% of the purchase price. For some products

(such as the Twelve-Month Food Kits), or frequent purchasers, such claims will

result in refunds of hundreds of dollars. And, Wise agreed that it will pay all of the

attorneys’ fees, costs, expenses and service awards approved by the Court in

addition to the amounts paid to eligible Class Members. (S.A. sec. H, I.)

The Time Expended Is Reasonable


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39. The time expended by Plaintiffs’ counsel was reasonable and

necessary to achieve the very successful final outcome of the case. The work

encompassed a wide range of tasks, including but not limited to the following:

Detailed factual investigation of Wise’s nutrition claims, including

consulting with experts both before and after filing suit. To prove their

claims, Plaintiffs retained (1) an expert nutritionist/dietician, who confirmed

that each of the Long-Term Food Kits at issue in fact contain only one

quarter to one third of the daily calories recommended by the FDA; (2) a

marketing expert, who opined that the representations on Wise’s website

regarding the quantity and quality of the food contained in the Long-Term

Food Kits were replete with material misrepresentations and omissions; and

(3) a business expert, who presented models for the calculation of restitution

and damages.

Drafting the pleadings and researching applicable law;

Promulgating written discovery to Wise and its third party partners,

meeting and conferring about discovery issues, and organizing and reviewing

the over 13,000 documents that Wise electronically produced;

Deposing Wise’s designated representative about marketing, nutrition,

and sales;

Preparing the Class Representatives and expert witnesses for the

depositions that Wise requested (but, due to the settlement, did not take) to

oppose class certification;

Fully briefing the motion for class certification, which was filed

October 9, 2017;

Attending a case management conference;

Conferring with our clients and keeping them apprised about the

progress of the litigation;


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Engaging in extensive settlement discussions, participating in two

mediation sessions with Wise, and drafting the Settlement Agreement and

exhibits, including the detailed Notice Plan;

Preparing the motion for preliminary approval and this motion; and

Working with the Settlement Administrator to implement the

settlement notice and claim procedures and respond to questions from class

members.

All of that time was essential to protect the interests of the class members, and to

the successful prosecution of the case.

The Litigation Was Conducted Efficiently

40. The litigation was conducted efficiently. Throughout the litigation, all

counsel endeavored to avoid duplication. For example, following their initial

investigation and research, and after bringing in Class Counsel, attorneys Riddick

and Huron ceased day-to-day work on the case. Attorney Braun focused on third-

party discovery and client communications, and our firm undertook the lion’s share

of the work on discovery, working with the experts, researching and drafting the

motion for class certification, conducting the mediation, drafting the Settlement

Agreement, and drafting the motion for preliminary approval and this motion. We

spent very little time conferring about the conduct of the litigation, except to reach

agreement on allocation of tasks so as to avoid duplication. We also delegated the

work efficiently. For example, following the giving of Class Notice, our

experienced legal assistant, Jennifer Ford, was assigned to respond to all calls from

class members, avoiding an additional expenditure of attorney time except in the

few cases where additional guidance was needed.

41. Rather than embarking on the further costly discovery that Wise stated

it needed to oppose class certification, the parties stipulated, and the Court agreed,

to stay the proceedings to give us an opportunity to engage in settlement

discussions and mediation. The parties also entered into a Stipulation of Facts


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pertinent to class certification and the merits. Had all of those efforts not been

undertaken, this litigation would have been much more costly to pursue.

Counsel Undertook Significant Risk

42. Chavez & Gertler takes cases on a contingent fee basis. Because we do

not have regularly paying clients, we rely on awards for attorneys’ fees and costs in

order to continue our work for the advancement of consumers’ rights. That is true in

this case as well: all counsel’s representation in this case has been on a purely

contingent basis, and to date, no compensation has been received.

43. Although we have confidence in the claims we advance, there is

always a risk in every case taken on contingency that the case may ultimately prove

to be unsuccessful, whether because issues of law or fact are later decided adversely

to the plaintiff, because the facts cannot be proven, because of a procedural issue, or

for any other number of reasons. Thus, we have prosecuted this litigation up to this

point, and have been completely at risk throughout the case that we would not

ultimately receive any compensation.

44. The financial risks to our firm were substantial. Wise’s products are

unique, the claims Plaintiffs raised were unusual, and there was no guarantee of

recovery. Many similar class action cases involving defective food labeling have

been denied certification, and Wise raised several defenses to certification of this

matter, including an alleged lack of typicality among the members of the putative

class and an alleged lack of a viable class damages model. Wise also contested the

merits, arguing that its marketing was not deceptive.

45. Further, because our small firm will have devoted about 660 hours to

the litigation, we were precluded from undertaking other work for which we most

likely would have been compensated, and were unable to spend the time required

for the litigation of this case on other existing and potential matters.

46. In the face of these obstacles, it is the possibility of recovering a

substantial and fully compensatory fee award at the conclusion of a successful case


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that creates the necessary incentive for private attorneys to provide representation.

That is why fee-shifting provisions were enacted, and why it is an established and

standard practice for attorneys who provide representation on a contingent basis to

be awarded compensation in an amount greater than the standard hourly rate for

pay-by-the-hour cases.

THE COSTS AND EXPENSES INCURRED ARE REASONABLE AND

SHOULD BE AWARDED

47. In our role as lead counsel, Chavez & Gertler agreed to be responsible

for all of the major costs necessary to litigate and resolve this matter, including the

expert witness and mediation fees. Our firm has advanced $50,418.82 in out of

pocket costs, and incurred $130.92 in internal copying costs (a total of $50,549.74)

without any assurance those funds would ever be repaid. Due to the contingent

nature of any recovery, we have been motivated from the outset to proceed in the

most cost-effective manner consistent with our zealous representation of our clients.

48. Attached as to this Declaration is a true and correct printout of the

costs and expenses, by category, that our firm incurred in this matter. This

document was prepared by our staff, under my direction, based on our regularly-

maintained business records using the QuickBooks program. (Our printing costs

were separately calculated.) Our costs include $34,812.45 paid as expert witness

fees; $8,145.00 paid to the mediator; $7,592.29 in customary litigation expenses

such as filing fees, deposition transcripts, legal research, and required travel.

Exhibit D also includes documentation of the expert and mediation fees, in the form

of copies of the invoices we received and paid. We are also asking the Court to

award an additional $500 to cover the anticipated estimated cost of representing the

Plaintiffs at the Fairness Hearing.

49. Attached as Exhibit E to this Declaration is a true and correct

spreadsheet showing the combined total costs and expenses, by category, incurred

and to be incurred by all Plaintiffs’ counsel in this matter.


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50. I believe all of the stated costs expenses were reasonably incurred,

were essential to the successful prosecution of this action, and are of a type that

would normally be charged to a fee-paying client in the private legal marketplace.

I declare under penalty of perjury pursuant to the laws of the United States

that the foregoing is true and correct, and was executed on May 9, 2019 in Mill

Valley, California.

_________________________________ Mark A. Chavez

EXHIBIT A

Case No. 5:17-cv-00616-JAK-PLA KIERSTEAD DECLARATION

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CHAVEZ & GERTLER LLP Mark A. Chavez (CA Bar No. 90858) Nance F. Becker (CA Bar No. 99292) 42 Miller Avenue Mill Valley, California 94941 Tel: (415) 381-5599 Fax: (415) 381-5572 [email protected] [email protected]

BRAUN LAW GROUP, P.C. Michael D. Braun (CA Bar No. 167416) 1999 Avenue of the Stars, Ste. 1100 Los Angeles, California 90067 Tel: (310) 836-6000 Fax: (310) 836-6010 [email protected]

LAW OFFICES OF ANDREW KIERSTEAD Andrew S. Kierstead (CA Bar No. 132105) 1001 SW 5th Avenue, Suite 1100 Portland, Oregon 97204 Tel: (508) 224-6246 Fax: (508) 244-4356 [email protected]

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

NICHOLAS MILLER and JEFFREY BORNEMAN, individually and on behalf of all others similarly situated,

Plaintiffs,

vs.

WISE COMPANY INC.,

Defendant.

CASE NO. 5:17-cv-00616-JAK-PLA

CLASS ACTION

DECLARATION OF ANDREW J. KIERSTEAD IN SUPPORT OF PLAINTIFFS’ UNOPPOSED MOTION FOR PRELIMINARY APPROVAL

Hon. John A. Kronstadt

Case 5:17-cv-00616-JAK-PLA Document 46-1 Filed 07/20/18 Page 1 of 6 Page ID #:807

1 Case No. 5:17-cv-00616-JAK-PLA KIERSTEAD DECLARATION

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I, Andrew S. Kierstead declare as follows:

1. I respectfully submit this declaration in support of Plaintiffs’ Unopposed

Motion for Preliminary Approval. I have persona l knowledge of the facts referred to

herein, and if called as a witness, I could and would testify competently to such matters.

2. I am co-counsel in this litigation. My services included: developing the

case, investigating and analyzing the facts and circumstances pertinent to the claims,

researching and analyzing the legal claims arising from the facts, coordinating the

structure of plaintiff’s litigation team, developing litigation and legal strategies,

assisting in preparation of the complaint and motion papers, participating in telephone

and other conferences and communications with co-counsel, defense counsel and

plaintiffs regarding all issues in the case, and review and finalization of the settlement

agreement.

3. I have practiced complex litigation in federal and state courts for

approximately 27 years and practiced class action litigation in federal and state courts

for 18 years. During that time, I have been class counsel in many federal and state class

action lawsuits. A brief biography was attached as Exhibit 7 to the Supplemental

Declaration of Nance F. Becker in Support of Plaintiffs’ Unopposed Motion for

Preliminary Approval. Dkt. No. 41.

4. Pursuant to the schedule established by this Court, on April 18, 2018, my

co-counsel filed Plaintiffs’ an Unopposed Motion for Preliminary Approval in support

of the settlement reached in the above captioned matter. Dkt. No. 41.

5. In conjunction with that filing, my co-counsel submitted a time summary

and detailed time records in support of the work performed in the case up to that date.

Dkt. No. 41, ¶¶3-5.

6. My co-counsel further (and correctly) informed the Court that I was gravely

ill and was otherwise unable to provide my time entries in conjunction with that filing,

but that I would so as soon as I was able.

7. I am suffering from end stage liver disease. I can no longer walk, and



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require significant personal and medical assistance. My schedule is replete with doctor’s

visits and hospital stays. Unfortunately, due to my medical condition, I was unable to

submit my time in accordance with the Court’s schedule.

8. During the course of this litigation, I maintained contemporaneous time

records with my time recorded to the quarter of an hour (0.25 hours). I have since

reviewed those time records and represent the following: My billable rate is $640.00,

which I am informed and believe is commensurate with the rates charged by other

attorneys with similar experience and qualifications both where I reside, and in the

Central District of California. Based on those records, my total time to date in this case

is 32.0 hours. My total lodestar is $20,480.00. My legal services, which I believe were

reasonably and necessarily expended, can be generally allocated as follows:

Task 1: Case Planning Organization & Strategy – 12.0 hours

Task 5: Ex Parte, Attorneys Fees – 1.0 hours

Task 7: Legal & Other Research – 14.25 hours

Task 9: Pleadings and Motions – 3.25 hours

Task 10: Settlement and Approval Motions – 1.5 hours

TOTAL: 32.0 hours

9. Attached hereto as Exhibit A is a spreadsheet showing the detailed time

entries supporting the summary of time devoted to this case by my firm to date.

I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct.

Executed on this 20th day of July, 2018, Plymouth, Massachusetts.

/s/ Andrew S. Kierstead ANDREW S. KIERSTEAD



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SIGNATURE ATTESTATION

The signature of above signatory may be indicated on the document with an “/s/,”

and I hereby attest that the signatory listed, and on whose behalf the filing is submitted,

concurs in the filing’s content and has authorized the filing.

Nance F. Becker Nance F. Becker


EXHIBIT A


DATE TIME RATE VALUE DESCRIPTION TASK CATEGORY 10/08/15 0.50 $640.00 $320.00 Conversation w/ J. Huron re case 1 10/13/15 0.75 $640.00 $480.00 Follow up conversation w/ J. Huron and J. Riddick re case 1 10/15/15 0.25 $640.00 $160.00 Follow up conversation w/ J. Huron and J. Riddick re case 1 10/20/15 0.50 $640.00 $320.00 Conversation w/ M. Braun re case 1 10/21/15 0.50 $640.00 $320.00 Follow up conversation w/ J. Huron, J. Riddick and M. Braun re case 1 11/09/15 1.0 $640.00 $640.00 Conversation w/ M. Braun re case 1 11/25/15 1.75 $640.00 $1120.00 Review and edit draft complaint 9 12/07/15 4.75 $640.00 $3040.00 Research re underlying factual allegations 7 12/08/15 3.25 $640.00 $2080.00 Legal research regarding available causes of action 7 12/09/15 6.25 $640.00 $4000.00 Research re underlying factual allegations 7 12/10/15 0.50 $640.00 $320.00 Conversation w/ M. Braun re case 1 01/05/16 0.75 $640.00 $480.00 Conversation w/ M. Braun re case; Conversation w/ Peter Wasylyk 1 01/12/16 1.0 $640.00 $640.00 Review and comments on CLRA letter; conversation w/ co‐counsel 1 03/16/16 1.0 $640.00 $640.00 Strategy discussion w/ M. Braun and J. Riddick 1 06/13/16 0.50 $640.00 $320.00 Conversation w/ J. Gertler re case 1 06/14/16 0.50 $640.00 $320.00 Conversation w/ M. Stanley re case 1 06/15/16 1.0 $640.00 $640.00 Conference call w/ M. Chavez & M. Braun 1 02/01/17 1.5 $640.00 $960.00 Review, edit & comment on draft complaint 9 04/07/17 0.25 $640.00 $160.00 Communication w/ M. Braun re case 1 04/21/17 0.25 $640.00 $160.00 Email communication w/ co‐counsel 1 06/19/17 0.75 $640.00 $480.00 Discussion w/ co‐counsel re discovery issues 1 06/28/17 0.50 $640.00 $320.00 Discussion w/ co‐counsel re experts 1 09/01/17 1.50 $640.00 $960.00 Review and strategize re discovery issues 1 01/08/18 1.25 $640.00 $800.00 Review and comment on mediation brief 10 03/27/18 0.25 $640.00 $160.00 Conversation w. M. Braun re Preliminary Approval 10 06/25/18 1.0 $640.00 $640.00 Declaration in support of Preliminary Approval & Exhibit 5 32.0 $20,480.00


EXHIBIT B

Date ID Attorney Time Rate Slip Value Activity Description

6/10/2016 192841 Dan Gildor 1.10 $695.00 $764.50 12‐ResearchReview complaint re: Wise Foods; legal research re: same. Prepare email memo re: same.

6/11/2016 192852 Dan Gildor 0.30 $695.00 $208.50 12‐ResearchReview Wise Company website and representations; respond to email from M. Chavez.

6/13/2016 193541 Jonathan E. Gertler 0.30 $825.00 $247.50 10‐Case Org Kierstead referral regarding survival food manufacturer Wise Co.6/15/2016 192930 Dan Gildor 0.10 $695.00 $69.50 12‐Research Read emails re: Wise Company mislabeling possible.

6/15/2016 192989 Mark A. Chavez 3.40 $850.00 $2,890.00 12‐ResearchReview draft of complaint; research; teleconferences regarding Wise food case.

6/17/2016 194351 Jonathan E. Gertler 1.10 $825.00 $907.50 12‐Research Miller v. Wise Company ‐ review draft complaint and quick research.6/19/2016 194352 Jonathan E. Gertler 0.80 $825.00 $660.00 12‐Research Miller v. Wise Company ‐ consultation with Lowenthal.6/21/2016 193489 Mark A. Chavez 2.10 $850.00 $1,785.00 12‐Research Research regarding Wise case and emails.

6/23/2016 193510 Mark A. Chavez 2.40 $850.00 $2,040.00 12‐ResearchReview and prepare emails regarding Wise case; teleconference with co‐counsel regarding case; research.

8/12/2016 194441 Dan Gildor 0.40 $695.00 $278.00 12‐Research Review emails re: Wise Foods possible re: nutrition.8/12/2016 195132 Mark A. Chavez 1.10 $850.00 $935.00 10‐Case Org Review draft of complaint; review and prepare e‐mails; review file.

8/15/2016 194537 Dan Gildor 5.40 $695.00 $3,753.00 01‐PleadingsReview and revise draft complaint. Review file. Legal research re: same. Exchange emails with co‐counsel re: venue and jurisdiction issues, cert issues, and screenshots of webpages.

8/16/2016 194538 Dan Gildor 2.10 $695.00 $1,459.50 01‐PleadingsContinue drafting/revising complaint. Draft venue declaration and respond to emails re: venue.

8/17/2016 194867 Dan Gildor 0.20 $695.00 $139.00 10‐Case Org Exchange emails re: case file.

8/17/2016 195144 Mark A. Chavez 3.10 $850.00 $2,635.00 10‐Case OrgReview of background documents and e‐mails; review draft of complaint; prepare and review e‐mails regarding complaint.

8/17/2016 194866 Dan Gildor 0.60 $695.00 $417.00 01‐PleadingsReview revisions to draft complaint and revise same; exchange emails re: revised complaint.

8/18/2016 195073 Dan Gildor 2.30 $695.00 $1,598.50 01‐PleadingsReview and revise draft complaint; exchange emails w/ M. Chavez re: same; phone call w/ M. Chavez re: same.

8/18/2016 195696 Mark A. Chavez 2.80 $850.00 $2,380.00 10‐Case OrgReview and edit complaint; telephone call with D. Gildor regarding complaint; review and prepare e‐mails regarding complaint.

Chavez & Gertler LLPMiller v. Wise Company, Inc.

[UPDATED Through Fairness Hearing ‐ Detailed Time Entries]

Page 1 of 21


8/19/2016 195105 Dan Gildor 0.40 $695.00 $278.00 01‐PleadingsExchange emails w/ M. Chavez re: draft complaint; phone call w/ M. Chavez re: same.

8/23/2016 195322 Dan Gildor 1.30 $695.00 $903.50 10‐Case OrgPrepare co‐counsel and retainer agreements. Phone call w/ M. Chavez re: same. Exchange emails re: same.

8/29/2016 195545 Dan Gildor 0.10 $695.00 $69.50 10‐Case Org Read email re: co‐counsel and retainer agreements.9/19/2016 196226 Dan Gildor 0.10 $695.00 $69.50 10‐Case Org Read emails re: co‐counsel agreement.9/23/2016 196493 Dan Gildor 0.10 $695.00 $69.50 10‐Case Org Exchange emails w/ M. Chavez re: status.11/16/2016 198297 Mark A. Chavez 0.60 $850.00 $510.00 10‐Case Org Review and prepare emails

1/6/2017 199684 Nance Becker 3.00 $750.00 $2,250.00 01‐PleadingsReview background documents. Set up client files. Email co‐counsel regarding argument. Revise complaint. Research regarding agent for service.

1/9/2017 199675 Nance Becker 0.60 $750.00 $450.00 01‐PleadingsEmail with co‐counsel; confer with M. Chavez regarding complaint; circulate revised complaint.

1/10/2017 199672 Nance Becker 0.10 $750.00 $75.00 01‐Pleadings Email with co‐counsel regarding complaint and venue.

1/10/2017 199674 Nance Becker 0.40 $750.00 $300.00 01‐PleadingsReview email and redlined complaint from co‐counsel in preparation for meeting to finalize allegations review defendant website.

1/17/2017 199799 Nance Becker 0.50 $750.00 $375.00 01‐Pleadings Telephone call with co‐counsel regarding refining allegations of complaint.

1/24/2017 199811 Nance Becker 1.50 $750.00 $1,125.00 01‐PleadingsBegin revising complaint per discussion with co‐counsel; review defendant's website in connection with same.

1/26/2017 199824 Nance Becker 1.00 $750.00 $750.00 01‐Pleadings Finish revising complaint.1/30/2017 199853 Nance Becker 0.30 $750.00 $225.00 01‐Pleadings Review and respond to co‐counsel's suggested edits to complaint.

2/3/2017 202179 Nance Becker 0.20 $750.00 $150.00 01‐PleadingsReview co‐counsel's edits to complaint, confer with M. Chavez regarding complaint.

2/6/2017 202345 Nance Becker 0.20 $750.00 $150.00 01‐PleadingsCorrections with co‐counsel regarding factual allegations. Review documents he forwarded.

2/9/2017 202355 Nance Becker 2.00 $750.00 $1,500.00 01‐PleadingsTelephone interviews of both class representatives & preparation for the same. Forward complaint to them for review.

2/14/2017 202530 Nance Becker 1.00 $750.00 $750.00 02‐Discovery Draft document requests2/14/2017 202531 Nance Becker 0.70 $750.00 $525.00 08‐CMC Draft inital case management conference statement.

2/14/2017 202529 Nance Becker 1.00 $750.00 $750.00 01‐PleadingsProofread file complaint and related documents, research applicable local rules

2/15/2017 202532 Nance Becker 0.10 $750.00 $75.00 01‐Pleadings Confer with staff regarding filing issues

Page 2 of 21


2/16/2017 202615 Nance Becker 0.30 $750.00 $225.00 01‐PleadingsReview documents returned from court after filing, research regarding assigned judge

3/9/2017 200833 Nance Becker 0.20 $750.00 $150.00 08‐CMC Review case management order.3/29/2017 200920 Nance Becker 0.10 $750.00 $75.00 10‐Case Org Review upcoming deadlines.3/31/2017 201346 Nance Becker 0.20 $750.00 $150.00 01‐Pleadings Review notice of removal & related documents, email co‐counsel.

4/3/2017 201327 Nance Becker 3.00 $750.00 $2,250.00 10‐Case OrgReview all documents served by defendant, review local rules and standing orders. Prepare notice of interested parties. Revise first RPD's. Email clients regarding removal.

4/4/2017 201329 Nance Becker 0.20 $750.00 $150.00 01‐Pleadings Review defendant's answer4/4/2017 201330 Nance Becker 3.00 $750.00 $2,250.00 02‐Discovery Revise RPD's & draft special interrogatories.

4/4/2017 201358 Mark A. Chavez 0.70 $850.00 $595.00 02‐DiscoveryReview Defendant's answer, confer with Nance regarding discovery and statutes.

4/4/2017 201328 Nance Becker 2.00 $750.00 $1,500.00 10‐Case OrgTelephone call with co‐counsel regarding defendant's pleading, discovery, scheduling and strategy. telephone call with opposing regarding discovery and scheduling. Draft proposed stipulation and order.

4/6/2017 201320 Nance Becker 1.60 $750.00 $1,200.00 02‐DiscoveryReview scheduling order and revise stipulation and proposed order. Confer with co‐counsel regarding discovery, revise RFPs.

4/17/2017 201778 Nance Becker 0.60 $750.00 $450.00 02‐Discovery Begin drafting RFAS

4/18/2017 201779 Nance Becker 2.00 $750.00 $1,500.00 04‐ExpertsReview correspondence received from nutrition consultant. Telephone call with nutrition consultant, memorandum regarding same. Research regarding other potential experts.

4/18/2017 201780 Nance Becker 1.50 $750.00 $1,125.00 02‐Discovery Finish drafting RFAs, confer with co counsel regarding same.4/18/2017 201781 Nance Becker 0.40 $750.00 $300.00 08‐CMC Draft R. 26 report

4/19/2017 201762 Mark A. Chavez 0.90 $850.00 $765.00 10‐Case OrgReview draft requests for admission, review and preparation of emails regarding expert

4/20/2017 201795 Nance Becker 2.50 $750.00 $1,875.00 05‐Class cert research regarding class certification4/20/2017 201792 Nance Becker 0.70 $750.00 $525.00 02‐Discovery Draft additional discovery, emails to co‐counsel4/20/2017 201793 Nance Becker 0.70 $750.00 $525.00 02‐Discovery Draft additional discovery, emails to co‐counsel4/20/2017 201794 Nance Becker 1.00 $750.00 $750.00 10‐Case Org Continue drafting Rule 26 statement

4/21/2017 201801 Nance Becker 1.20 $750.00 $900.00 08‐CMCFurther work on Rule 26 report, Conference with co‐counsel and email opposition. Counsel regarding same

4/21/2017 201800 Nance Becker 0.20 $750.00 $150.00 02‐Discovery Review and edit subpoenas to third parties

Page 3 of 21


4/27/2017 201830 Nance Becker 2.00 $750.00 $1,500.00 08‐CMCtelephone call to meet and confer with defendant's counsel regarding rule 26 expert and scheduling conference, preparation for same, follow‐up call with co‐counsel.

4/28/2017 201845 Nance Becker 0.30 $750.00 $225.00 02‐DiscoveryReview and respond to emails from opposing counsel & co‐counsel regarding discovery

4/28/2017 201846 Nance Becker 0.20 $750.00 $150.00 10‐Case Org Draft preservation letter to defendant

5/1/2017 201855 Nance Becker 1.50 $750.00 $1,125.00 08‐CMCReview corrections from defendant regarding scheduling issues, confer with M. Braun regarding same. Revise draft Rule 26 report & draft proposed schedule.

5/2/2017 201859 Nance Becker 0.60 $750.00 $450.00 08‐CMCArrange travel for scheduling conference. Confer with M. Braun regarding Rule 26 report and incorporate his edits.

5/4/2017 201889 Nance Becker 0.20 $750.00 $150.00 12‐Research Review Costco settlement in similar action5/11/2017 201922 Nance Becker 0.50 $750.00 $375.00 02‐Discovery emails, clients, counsel for Home depot and co‐counsel5/16/2017 201988 Nance Becker 0.10 $750.00 $75.00 08‐CMC Forward documents regarding initial disclosures to opposing counsel

5/22/2017 202548 Nance Becker 0.40 $750.00 $300.00 12‐ResearchConfer with M. Braun regarding 3rd party discovery, research regarding plaintiff's claims

5/22/2017 202546 Nance Becker 0.30 $750.00 $225.00 02‐Discovery Review Home Depot response to subpoena5/22/2017 202545 Nance Becker 0.20 $750.00 $150.00 02‐Discovery Review and edit draft Rule 26 disclosures5/23/2017 202568 Nance Becker 0.20 $750.00 $150.00 10‐Case Org Email opposing counsel, regarding trial schedule

5/23/2017 202569 Nance Becker 0.70 $750.00 $525.00 10‐Case OrgReview defendant's sections of Rule 26 report and incorporate into trial report. Draft response to defendant's position regarding case schedule and file report.

5/23/2017 202564 Nance Becker 0.30 $750.00 $225.00 10‐Case Org Review defendant's intial disclosures, serve plaintiff's disclosures.5/23/2017 202565 Nance Becker 0.30 $750.00 $225.00 12‐Research Research regarding scope of class

5/26/2017 202584 Nance Becker 2.00 $750.00 $1,500.00 10‐Case OrgReview defendant's responses to written discovery and outline points for reply. Review email from co‐counsel regarding 3rd party subpoenas

6/1/2017 202590 Nance Becker 0.10 $750.00 $75.00 08‐CMC Emails, M. Braun regarding scheduling conference

6/2/2017 202539 Nance Becker 1.00 $750.00 $750.00 08‐CMCPrepare for Monday's hearing and confer with co‐counsel regarding discovery schedule.

6/5/2017 202533 Nance Becker 7.50 $750.00 $5,625.00 08‐CMC Travel to LA and appear at initial scheduling conference6/6/2017 202536 Nance Becker 4.00 $750.00 $3,000.00 08‐CMC Return travel from LA

6/12/2017 202710 Nance Becker 0.80 $750.00 $600.00 02‐DiscoveryBegin drafting meet and confer letter regarding defendant's written discovery responses

6/15/2017 202704 Nance Becker 1.20 $750.00 $900.00 02‐Discovery Finish draft meet and confer letter

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6/16/2017 202686 Nance Becker 0.80 $750.00 $600.00 03‐Deposition Outline topics for 30(b)(6) depositions and call Utah counsel.

6/16/2017 202685 Nance Becker 0.20 $750.00 $150.00 02‐Discovery Review co‐counsel's edits and finalize meet and confer letter.6/19/2017 202690 Nance Becker 4.50 $750.00 $3,375.00 10‐Case Org research regarding Wise website and case regarding class certification.

6/19/2017 202689 Nance Becker 0.80 $750.00 $600.00 10‐Case Orgtelephone call with M. Braun regarding pending and future discovery and strategy.

6/20/2017 202696 Nance Becker 2.50 $750.00 $1,875.00 05‐Class cert Begin drafting class certification memorandum.

6/20/2017 202695 Nance Becker 1.00 $750.00 $750.00 04‐ExpertsTelephone call and follow up communications with potential expert regarding consumer behavior.

6/20/2017 202694 Nance Becker 1.00 $750.00 $750.00 10‐Case Org Prepare pretrial task list

6/22/2017 202713 Nance Becker 0.60 $750.00 $450.00 04‐ExpertsTelephone call with potential expert and memorandum regarding same, confer with M. Braun

6/27/2017 203000 Nance Becker 0.20 $750.00 $150.00 02‐Discovery Email regarding discovery to opposing counsel6/30/2017 202907 Nance Becker 0.30 $750.00 $225.00 04‐Experts Prepare expert retainer agreement

7/10/2017 203664 Nance Becker 0.20 $750.00 $150.00 10‐Case OrgConfer with M. Chavez and draft corrections to opposing counse regarding potential mediators

7/13/2017 203661 Nance Becker 0.80 $750.00 $600.00 04‐Experts Research regarding nutrition experts, email potential expert7/18/2017 203298 Michael Levy 0.70 $465.00 $325.50 12‐Research Download web pages from Wayback Machine.7/18/2017 203217 Nance Becker 0.50 $750.00 $375.00 04‐Experts telephone call and email with potential dictation expert

7/18/2017 203216 Nance Becker 1.00 $750.00 $750.00 02‐DiscoveryLetter from opposing counsel regarding discovery issues, meet with M. Chavez regarding case planning.

7/20/2017 203208 Nance Becker 1.20 $750.00 $900.00 01‐Pleadingsoutline response to defendant's meet and confer letter, emails with co‐counsel regarding same

7/20/2017 203207 Nance Becker 0.80 $750.00 $600.00 10‐Case Orgreview documents and confer with staff regarding obtaining archived copies of defendant's website.

7/20/2017 203209 Nance Becker 0.10 $750.00 $75.00 10‐Case Org Confer w J. Gertler regarding expert7/21/2017 203212 Nance Becker 1.50 $750.00 $1,125.00 02‐Discovery Work on meet and confer letter7/21/2017 203211 Nance Becker 0.20 $750.00 $150.00 02‐Discovery review defendant responses to plaintiff second request for production

7/24/2017 203221 Nance Becker 0.50 $750.00 $375.00 02‐DiscoveryRevise and send second meet & confer letter regarding defendant's dailure to produce documents

7/24/2017 203222 Nance Becker 3.50 $750.00 $2,625.00 03‐DepositionDraft 30(b)(6) deposition notice and document request, confer with M. Chavez regarding depositions, research Utah reporters and confer with staff regarding same

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7/24/2017 203377 Mark A. Chavez 1.00 $850.00 $850.00 01‐PleadingsConference with Nance regarding status and depositions, review and edit meet and confer letter, review complaint

7/25/2017 203225 Nance Becker 0.10 $750.00 $75.00 04‐Experts Correspondence with expert7/25/2017 203226 Nance Becker 1.00 $750.00 $750.00 02‐Discovery Begin drafting motion to compel

7/25/2017 203224 Nance Becker 3.30 $750.00 $2,475.00 03‐DepositionMeet with M. Chavez regarding finalized deposition notice, confer with court reporters

7/26/2017 203380 Mark A. Chavez 2.40 $850.00 $2,040.00 01‐Pleadingsreview file, review complaint, review and edit discovery requests, confer with Nance regarding status and motion to compel

7/27/2017 203251 Nance Becker 0.40 $750.00 $300.00 04‐Experts Telephone calls, emails with expert witness consultants7/27/2017 203247 Nance Becker 0.30 $750.00 $225.00 02‐Discovery Meet with M. Chavez and email co‐counsel regarding discovery issues

7/27/2017 203248 Nance Becker 2.50 $750.00 $1,875.00 02‐DiscoveryConduct detailed review of web pages and draft proposed stipulation of facts

7/27/2017 203250 Nance Becker 0.30 $750.00 $225.00 02‐Discovery Review defendant's meet and confer letter and begin drafting response7/27/2017 203383 Mark A. Chavez 0.60 $850.00 $510.00 10‐Case Org review meet and confer letter and review file

7/28/2017 203237 Nance Becker 3.00 $750.00 $2,250.00 02‐DiscoveryRevise meet and confer letter and proposed stipulation. draft second set of RFAs, research local rules regarding motions to compel

7/28/2017 203384 Mark A. Chavez 0.80 $850.00 $680.00 10‐Case Org review draft letter, review and prepare emails7/31/2017 203243 Nance Becker 0.20 $750.00 $150.00 02‐Discovery Email opposing counsel regarding discovery

7/31/2017 203387 Mark A. Chavez 2.10 $850.00 $1,785.00 10‐Case Orgresearch regarding claims, confer with nance regarding class certification and discovery

7/31/2017 203242 Nance Becker 3.00 $750.00 $2,250.00 02‐Discovery Begin drafting stipulation regarding discovery dispute7/31/2017 203240 Nance Becker 0.40 $750.00 $300.00 04‐Experts Review correspondence regarding potential dietitian experts7/31/2017 203241 Nance Becker 0.50 $750.00 $375.00 10‐Case Org Confer with M. Chavez regarding claims and research to be done8/1/2017 203737 Nance Becker 0.80 $750.00 $600.00 04‐Experts Telephone interview of potential dietary expert

8/1/2017 203738 Nance Becker 2.80 $750.00 $2,100.00 02‐DiscoveryTelephone call with opposing counsel regarding discovery and draft confirming letter, review produced docs

8/1/2017 203390 Mark A. Chavez 2.70 $850.00 $2,295.00 02‐Discoveryconfer with nance regarding discovery class certification and discovery, research regarding claims

8/2/2017 203461Legal Asst/Natalie Martin

1.83 $225.00 $412.50 02‐Discovery Review Wise documents and identifying key documents

8/2/2017 203392 Mark A. Chavez 1.40 $850.00 $1,190.00 02‐Discoverytelephone calls with Jenna regarding website discovery, review and prepare emails regarding discovery , research regarding website

8/3/2017 203703 Nance Becker 0.30 $750.00 $225.00 03‐DepositionReview email from opposition counsel and prepare and forward amended deposition notice

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8/3/2017 203704 Nance Becker 3.00 $750.00 $2,250.00 02‐DiscoveryContinue review of documents produced by defendant , email to co‐counsel regarding same

8/3/2017 203702 Nance Becker 0.80 $750.00 $600.00 04‐Experts Telephone interview , potential dietitian expert


1.67 $225.00 $375.00 02‐Discovery Review Wise documents and identify key documents

8/4/2017 203263 Nance Becker 1.00 $750.00 $750.00 04‐ExpertsReview information regarding potential damages experts, telephone call with consultant

8/4/2017 203252 Nance Becker 0.80 $750.00 $600.00 04‐Experts Telephone call with D. fueroghne and review corrections from him8/4/2017 203253 Nance Becker 0.20 $750.00 $150.00 10‐Case Org email dietitian expert

8/4/2017 203254 Nance Becker 1.00 $750.00 $750.00 02‐DiscoveryConfer with staff members regarding documents, review archived web pages

8/4/2017 203255 Nance Becker 0.60 $750.00 $450.00 03‐Deposition Begin deposition outline

8/7/2017 203676 Nance Becker 0.30 $750.00 $225.00 02‐Discovery Confer with assistant regarding wise websiter review8/7/2017 203677 Nance Becker 0.60 $750.00 $450.00 04‐Experts Correspondence with expert N. Hudson, prepare retainer agreement

8/8/2017 203333 Nance Becker 1.00 $750.00 $750.00 04‐ExpertsTelephone call with potential damages expert and meet with M. Chavez regarding same.

8/8/2017 203336 Nance Becker 0.30 $750.00 $225.00 04‐Experts Emails, opposing counsel regarding discovery8/8/2017 203337 Nance Becker 2.80 $750.00 $2,100.00 04‐Experts Outline person most knowledgeable deposition questions8/8/2017 203400 Mark A. Chavez 0.80 $850.00 $680.00 10‐Case Org Review files and emails regarding depo

8/9/2017 203275Legal Asst/Jenna Raden

6.00 $225.00 $1,350.00 02‐DiscoveryConvert Wise website archives to pdf using Wayback Machine; organize for deposition

8/9/2017 203280 Mark A. Chavez 2.70 $850.00 $2,295.00 03‐Deposition Review files; review emails; preparation for deposition

8/9/2017 203249 Nance Becker 0.50 $750.00 $375.00 02‐Discovery Work with staff to download documents produced by defendant.

8/10/2017 203535 Mark A. Chavez 6.40 $850.00 $5,440.00 10‐Case OrgPrepare for deposition, review files and documents produced, review website history

8/10/2017 203345 Nance Becker 2.00 $750.00 $1,500.00 03‐Deposition Finish intial draft of person most knowledgeable deposition questions

8/10/2017 203346 Nance Becker 1.00 $750.00 $750.00 12‐Research Fact research regarding nutrition guidelines

8/10/2017 203347 Nance Becker 2.80 $750.00 $2,100.00 12‐ResearchDraft meet and confer letter to opposing counsel review documents produced by defendant, telephone call with opposing counsel regarding missing documents

Page 7 of 21


8/10/2017 203274Legal Asst/Jenna Raden

7.00 $225.00 $1,575.00 02‐DiscoveryContinue converting Wise website archives to pdf using Wayback Machine; organize for deposition

8/11/2017 203349 Nance Becker 5.00 $750.00 $3,750.00 02‐Discovery

Continue review of wise documents confer with M. Chavez , assist with compilation of documents used at deposition and additional documents to be requested. research legal issues corrections to defendant counsel regarding documents producec by wise.

8/13/2017 203637 Mark A. Chavez 3.30 $850.00 $2,805.00 10‐Case Org prepare for deposition, review documents produced


2.00 $225.00 $450.00 02‐Discovery Continue going through Wise production docs

8/14/2017 203644 Nance Becker 0.10 $750.00 $75.00 04‐Experts Telephone call and email with court reporter

8/14/2017 203638 Mark A. Chavez 11.70 $850.00 $9,945.00 03‐Deposition travel to Salt Lake City, prepare for depo

8/14/2017 203643 Nance Becker 1.00 $750.00 $750.00 03‐DepositionReview documents and draft second person most knowledgeable deposition notice

8/14/2017 203645 Nance Becker 0.20 $750.00 $150.00 04‐Experts Telephone call with N. Hudson


0.75 $225.00 $168.75 02‐Discovery Continue going through Wise discovery docs

8/15/2017 203650 Nance Becker 0.80 $750.00 $600.00 04‐Experts Telephone call with with potential damages expert and related emails

8/15/2017 203640 Mark A. Chavez 9.40 $850.00 $7,990.00 03‐Deposition Review and prepare emails, prepare for and attend deposition , travel.


0.75 $225.00 $168.75 02‐Discovery Draft miller discovery for RPD3

8/28/2017 203726 Nance Becker 1.50 $750.00 $1,125.00 03‐Deposition Begin review of Sorenson deposition transcript

8/29/2017 203727 Nance Becker 0.20 $750.00 $150.00 10‐Case Org Fact research in support of claims8/29/2017 203731 Nance Becker 0.20 $750.00 $150.00 05‐Class cert Confer with colleague regarding class certification issues

8/29/2017 203729 Nance Becker 1.20 $750.00 $900.00 03‐Deposition Finish review of Sorenson deposition and prepare short deposition summary

8/29/2017 203730 Nance Becker 0.40 $750.00 $300.00 05‐Class cert Forward transcript to experts, telephone call with D. Fueroghne

8/31/2017 203710 Nance Becker 0.60 $750.00 $450.00 04‐ExpertsReview and revise draft retention agreement from damage expert. telephone call with and correspondence regarding same

8/31/2017 203709 Nance Becker 0.80 $750.00 $600.00 02‐Discovery Review and revise protective order9/1/2017 203713 Nance Becker 0.20 $750.00 $150.00 04‐Experts Correspondence with HSNO regarding retention agreement

Page 8 of 21


9/1/2017 203712 Nance Becker 0.20 $750.00 $150.00 03‐Deposition Review defendant's discovery responses

9/12/2017 204197 Nance Becker 0.10 $750.00 $75.00 04‐Experts Email co‐counsel regarding declarations email N. Hudson9/12/2017 204196 Nance Becker 2.60 $750.00 $1,950.00 05‐Class cert Research in support of class certification motion

9/12/2017 203728 Nance Becker 1.50 $750.00 $1,125.00 04‐ExpertsTelephone interview of damages expert, forward additional case information and call references

9/25/2017 205247 Mark A. Chavez 1.90 $850.00 $1,615.00 04‐ExpertsReview and comment on drafts of expert declarations; conferences with N. Becker regarding experts; review nutrition labels produced; review correspondence regarding discovery

9/26/2017 204189 Nance Becker 2.00 $750.00 $1,500.00 05‐Class cert Review and edit draft client declarations

9/27/2017 205244 Mark A. Chavez 1.10 $850.00 $935.00 10‐Case OrgReview website pages; telephone call with N. Becker regarding expert declarations; review complaint

9/27/2017 204190 Nance Becker 0.20 $750.00 $150.00 05‐Class cert Confer with M. Chavez regarding class certification motion

9/28/2017 204238 Nance Becker 3.00 $750.00 $2,250.00 04‐Experts Telephone call with D. Fueroghne, make suggested edits to his declaration.

9/28/2017 204239 Nance Becker 0.80 $750.00 $600.00 04‐Experts Review declaration from M. Falkenhagen, make suggested edits to same9/28/2017 204240 Nance Becker 0.20 $750.00 $150.00 02‐Discovery Memorandum to Mark regarding potential discovery

9/29/2017 204440 Nance Becker 5.50 $750.00 $4,125.00 05‐Class certConfer with M. Chavez and revise all 3 expert declarations. Telephone call with N. Ostrofe, confer with staff regarding documents for class certification motion.

9/29/2017 205251 Mark A. Chavez 2.90 $850.00 $2,465.00 04‐ExpertsReview drafts of expert declarations; conference with N. Becker regarding experts; telephone calls with J. Raden regarding compilation of exhibits; review product pages

10/2/2017 204225 Mark A. Chavez 2.30 $850.00 $1,955.00 01‐PleadingsReview compliation of website pages, review and prepare emails regarding compliation, telephone call with Jenna and confer with Jenna regarding class certification.

10/2/2017 204520 Nance Becker 7.00 $750.00 $5,250.00 05‐Class cert

Telephone calls with N. Miller and D. Fueroghne to finalize their declarations in support of class certification. Email N. Hudson regarding her revised declaration, designate excerpts from Sorensen deposition for motion exhibit. Review Falkenhagen declaration and discuss with M. Chavez , draft fact section of class certification motion.

10/3/2017 204522 Nance Becker 6.30 $750.00 $4,725.00 04‐ExpertsFurther communications with experts and class representatives to finalize their declarations. Work with staff on website excerpts to be submitted in support of class certification motion.

Page 9 of 21


10/4/2017 204523 Nance Becker 3.00 $750.00 $2,250.00 04‐ExpertsCorrespondence with experts, draft class certification memorandum, review exhibits compiled by staff

10/5/2017 204524 Nance Becker 6.00 $750.00 $4,500.00 05‐Class cert Draft class certification memorandum, confer with opposition counsel10/6/2017 204526 Nance Becker 5.60 $750.00 $4,200.00 05‐Class cert Work on class certification memorandum and website page cites

10/9/2017 204527 Nance Becker 7.50 $750.00 $5,625.00 05‐Class certReview court filing procedures. revise brief, finalize all documents, supervise filings

10/10/2017 204771 Nance Becker 1.00 $750.00 $750.00 10‐Case Org Draft proposed stipulation of facts10/10/2017 204773 Nance Becker 0.10 $750.00 $75.00 02‐Discovery Draft amended notice of deposition10/10/2017 204772 Nance Becker 0.10 $750.00 $75.00 05‐Class cert Draft notice of errata

10/12/2017 204444 Nance Becker 0.40 $750.00 $300.00 09‐Other motion

Review court order regarding protective order and revised order proposed by defendant.

10/13/2017 204450 Nance Becker 2.00 $750.00 $1,500.00 10‐Case OrgReview and edit defendant's changes to proposed stipulation of facts. Review and edit defendant's proposed stipulated protective order. Correspondence regarding same, and regarding deposition schedule.

10/13/2017 204448 Nance Becker 0.40 $750.00 $300.00 04‐Experts research regarding expert discovery correspondence with experts

10/16/2017 205235 Mark A. Chavez 0.80 $850.00 $680.00 10‐Case Org Review and prepare emails regarding stipulation; review proposed changes

10/17/2017 204506 Nance Becker 3.00 $750.00 $2,250.00 03‐Deposition

Letter to defendant regarding depositions of plaintiff's and experts. Correspondence with clients regarding deposition scheduling. Draft memorandum to clients regarding deposition preparation meet with M. Chavez. begin outline for deposition preparation meeting

10/19/2017 204514 Nance Becker 0.20 $750.00 $150.00 05‐Class cert Prepare notice of errata regarding Falkenhagen Decl

10/19/2017 204513 Nance Becker 0.30 $750.00 $225.00 03‐Deposition Revise letter to opposition counsel regarding depositions.

10/26/2017 204434 Nance Becker 0.10 $750.00 $75.00 09‐Other motion

Review order regarding defendant's proposed protective order.

10/26/2017 204433 Nance Becker 1.00 $750.00 $750.00 03‐DepositionReview defendant's meet and confer letter and prepare proposed schedule for plaintiff's depositions and emails defendant's regarding same.

10/26/2017 204435 Nance Becker 0.20 $750.00 $150.00 10‐Case Org Review and execute stipulation of facts as revised by defendant.10/26/2017 205302 Mark A. Chavez 0.60 $850.00 $510.00 04‐Experts Review emails regarding depositions of experts

10/27/2017 204398 Nance Becker 2.00 $750.00 $1,500.00 03‐DepositionLetter to opposing counsel regarding deposition schedule and procedures. Emails to expert witnesses regarding same. Confer with co‐counsel regarding expert wit. rules

Page 10 of 21


10/30/2017 204537 Nance Becker 0.10 $750.00 $75.00 07‐SettlementBrief telephone call with with opposition counsel regarding potential mediation

10/30/2017 204536 Nance Becker 0.60 $750.00 $450.00 03‐DepositionReview emails from expert witnesses and email opposition counsel regarding potential deposition dates.

10/31/2017 204540 Nance Becker 0.40 $750.00 $300.00 07‐SettlementMeet with M. Chavez regarding defendant's proposal to meditate, email opposition counsel and co‐counsel regarding same, memorandum to staff regarding compiling financial data regarding Wise.

10/31/2017 205261 Mark A. Chavez 0.80 $850.00 $680.00 10‐Case OrgConferences with N. Becker regarding mediation and depositions; review emails

11/2/2017 204531 Nance Becker 2.50 $750.00 $1,875.00 07‐Settlement

Telephone call with R. Shackelford regarding potential stipulation for stay and mediation. Review defendant's emailed settlement structure proposal. Telephone call with with JAMS, draft and send requested information to reserve mediation date. Draft proposed stipulation. email to clients regarding same.

11/6/2017 204418 Mark A. Chavez 1.60 $850.00 $1,360.00 01‐PleadingsReview defendant's proposed settlement structure, confer with nance regarding reply, review proposed stipulation, review and prepare emails regarding stipulation.

11/6/2017 204542 Nance Becker 3.50 $750.00 $2,625.00 07‐SettlementMeet with M. Chavez regarding defendant's initial proposed settlement structure, draft letter defendant regarding same. Review defendant's response and draft proposed order. emails with clients regarding the above.

11/7/2017 204549 Nance Becker 0.20 $750.00 $150.00 07‐SettlementFurther correspondence with opposing counsel regarding stipulation and proposed order, finalize documents

11/8/2017 204744 Nance Becker 0.10 $750.00 $75.00 10‐Case Org Correspondence with opposing counsel & staff regarding stipulation.

11/9/2017 204429 Nance Becker 0.20 $750.00 $150.00 03‐Deposition Confer with Nance regarding status

11/13/2017 204741 Nance Becker 0.30 $750.00 $225.00 07‐SettlementConfe with M. Chavez regarding mediation, review correspondence from JAMS

11/14/2017 204777 Nance Becker 0.10 $750.00 $75.00 07‐Settlement Review and process invoice from JAMS

11/14/2017 204778 Nance Becker 0.10 $750.00 $75.00 10‐Case Org telephone call with court clerk

11/14/2017 204779 Nance Becker 0.30 $750.00 $225.00 07‐Settlement Make arrangements for mediation

11/14/2017 204776 Nance Becker 0.20 $750.00 $150.00 04‐Experts Respond to emails from experts

Page 11 of 21

Date ID Attorney Time Rate Slip Value Activity Description11/20/2017 204876 Nance Becker 0.10 $750.00 $75.00 10‐Case Org Email opposition counsel regarding status11/28/2017 204884 Nance Becker 0.20 $750.00 $150.00 05‐Class cert Email opposition counsel regarding discovery and class certification.

11/30/2017 205405 Nance Becker 0.40 $750.00 $300.00 10‐Case OrgReview court order approving stipulation; correspondence with clients and experts regarding same.

1/2/2018 205474 Nance Becker 4.50 $750.00 $3,375.00 07‐SettlementRespond to email from opposition counsel. Draft plaintiffs' mediation brief. Email clients regarding mediation.

1/3/2018 206041 Mark A. Chavez 2.10 $850.00 $1,785.00 07‐Settlement Review and edit mediation brief, confer with Nance.

1/4/2018 205475 Nance Becker 4.40 $750.00 $3,300.00 07‐SettlementConfer with M. Chavez and revise mediation brief. Compile exhibits and documents to takwe to mediation. Email opposing counsel regarding updated sales data.

1/4/2018 206040 Mark A. Chavez 0.90 $850.00 $765.00 07‐Settlement Review and edit mediation brief

1/5/2018 205476 Nance Becker 1.40 $750.00 $1,050.00 07‐SettlementFurther revisions to mediation brief. Review exemplar notice plans, email co‐counsel.

1/5/2018 205467 Mark A. Chavez 1.60 $850.00 $1,360.00 07‐SettlementReview draft of mediation brief, confer with Nance regarding settlement position.

1/8/2018 206006 Nance Becker 0.70 $750.00 $525.00 07‐SettlementRevise mediation brief per comments of co‐counsel, email opposing and clients

1/8/2018 205459 Mark A. Chavez 1.10 $850.00 $935.00 07‐Settlement Preparation of mediation brief confer with Nance regarding brief.

1/9/2018 206000 Nance Becker 0.30 $750.00 $225.00 07‐Settlement Memorandum to staff outlining sales data to be compiled for mediation.

1/9/2018 205462 Mark A. Chavez 0.80 $850.00 $680.00 07‐Settlement Review and prepare emails regarding mediation

1/11/2018 205994 Nance Becker 0.30 $750.00 $225.00 07‐Settlement Review defendant's mediation brief. research regarding notice plans.

1/11/2018 205996 Nance Becker 3.80 $750.00 $2,850.00 07‐SettlementReview and edit spreadsheets prepared by staff to use at mediation. Telephone call's with class represenatives regarding mediation, review and gather documents and information for mediation.

1/11/2018 205470 Mark A. Chavez 2.10 $850.00 $1,785.00 07‐Settlement Review defendant's mediation brief, preparation for mediation.

1/12/2018 205471 Mark A. Chavez 1.50 $850.00 $1,275.00 07‐SettlementReview mediation briefs, review and prepare email regarding mediation, review file.

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1/15/2018 205472 Mark A. Chavez 9.30 $850.00 $7,905.00 07‐Settlement Travel to LA , prepare for mediation.

1/15/2018 205926 Nance Becker 4.00 $750.00 $3,000.00 07‐Settlement Travel to LA for mediation.

1/16/2018 205473 Mark A. Chavez 14.40 $850.00 ######## 07‐Settlement Prepare for and attend mediation, travel back to SF.

1/16/2018 205927 Nance Becker 13.00 $750.00 $9,750.00 07‐Settlement All‐day mediation, travel back to S.F

1/17/2018 206046 Mark A. Chavez 0.80 $850.00 $680.00 07‐Settlement Review files and telephone call with M. Braun regarding settlement.

1/18/2018 205928 Nance Becker 0.40 $750.00 $300.00 07‐SettlementConfer with M. Chavez regarding potential settlement terms, correspond with opposing counsel regarding same, review draft status report and request for modification of scheduling order. Approve report.

1/18/2018 206675 Mark A. Chavez 1.00 $850.00 $850.00 10‐Case OrgConfer with Nance regarding settlement, review status report and emails regarding settlement.

1/22/2018 205841 Nance Becker 0.20 $750.00 $150.00 07‐Settlement Review exemplars for notice program, email co‐counsel.

1/23/2018 205831 Nance Becker 0.60 $750.00 $450.00 07‐Settlement Telephone call with with M. Braun regarding potential settlement.

1/24/2018 205710 Nance Becker 0.10 $750.00 $75.00 10‐Case Org Review and edit proposed order received from defendant.

1/25/2018 206673 Mark A. Chavez 0.60 $850.00 $510.00 10‐Case OrgTelephone call with M. Braun regarding settlement, confer with Nance regarding status.

1/29/2018 205924 Mark A. Chavez 0.80 $850.00 $680.00 10‐Case Org Confer with Nance regarding status, review file, review email.

1/29/2018 205835 Nance Becker 0.10 $750.00 $75.00 07‐Settlement Email to opposing counsel regarding information needed for mediation.

1/30/2018 206048 Mark A. Chavez 0.40 $850.00 $340.00 10‐Case Org Review emails regarding mediation.

2/1/2018 205918 Nance Becker 2.00 $750.00 $1,500.00 07‐SettlementReview spreadsheets and forward to staff with direction for summarizing, draft proposed claim form for class members.

2/2/2018 205899 Nance Becker 2.60 $750.00 $1,950.00 07‐SettlementReview new Wise website, outline proposed changes. Revise proposed claim form, review spreadsheets.

2/4/2018 205812 Mark A. Chavez 9.70 $850.00 $8,245.00 01‐Pleadings Travel to LA, prepare for second mediation session.

2/5/2018 205854 Nance Becker 0.10 $750.00 $75.00 07‐Settlement Emails regarding mediation

Page 13 of 21


2/5/2018 205813 Mark A. Chavez 7.10 $850.00 $6,035.00 07‐SettlementPrepare for and attend mediation, travel to SF, prepare and review emails regarding settlement terms

2/7/2018 206010 Nance Becker 0.20 $750.00 $150.00 10‐Case Org Draft stipulation and proposed order regarding settlement and scheduling

2/7/2018 205817 Mark A. Chavez 0.60 $850.00 $510.00 07‐Settlement Review and prepare emails regarding settlement

2/8/2018 206014 Nance Becker 0.80 $750.00 $600.00 07‐SettlementReview term sheet and website changes. Review new court order and revise stipulation and proposed order. Email experts about settlement.

2/9/2018 205844 Nance Becker 0.70 $750.00 $525.00 07‐Settlement Begin drafting settlement agreement

2/12/2018 205847 Nance Becker 2.00 $750.00 $1,500.00 07‐Settlement Draft settlement agreement

2/13/2018 205849 Nance Becker 6.00 $750.00 $4,500.00 07‐SettlementFinish drafting settlement agreement, revise proposed claim form, draft email notice, review Court rules regarding Class Action Settlements and motions for attorney fees.

2/13/2018 206021 Mark A. Chavez 1.10 $850.00 $935.00 07‐SettlementReview and edit draft of settlement, confer with Nance regarding settlement.

2/14/2018 206033 Mark A. Chavez 3.20 $850.00 $2,720.00 07‐Settlement Review and edit settlement documents.

2/15/2018 205851 Nance Becker 3.50 $750.00 $2,625.00 07‐SettlementRevise settlement agreement per M. Chavez comments. Review defendant's redline. Draft notices to be sent to class and published.

2/15/2018 205880 Mark A. Chavez 3.20 $850.00 $2,720.00 07‐SettlementPreparation of settlement documents, confer with Nance regarding settlement, review and prepare emails regarding settlement, telephone calls with Jenna regarding data.

2/16/2018 205955 Nance Becker 4.00 $750.00 $3,000.00 07‐SettlementContinue drafting and editing of settlement agreement and exhibits. Meet with M. Chavez regarding same, address defendant's redlines.

2/16/2018 205885 Mark A. Chavez 1.60 $850.00 $1,360.00 07‐SettlementReview draft of settlement documents, research regarding notice plan, review and prepare emails regarding settlement.

2/20/2018 205891 Mark A. Chavez 1.40 $850.00 $1,190.00 07‐SettlementReview new data, review and prepare emails regarding settlement documents, research regarding notice plan.

2/23/2018 205972 Nance Becker 0.70 $750.00 $525.00 07‐Settlement Begin drafting final approval order

2/26/2018 205990 Mark A. Chavez 1.30 $850.00 $1,105.00 01‐PleadingsTelephone call with Settlement Administrator regarding notice plan and bid, review and prepare emails regarding settlement, review data.

Page 14 of 21


2/26/2018 205975 Nance Becker 4.50 $750.00 $3,375.00 07‐SettlementFinish drafting Proposed Final Approval Order and begin drafting Motion for Preliminary Approval. Emails with opposing counsel regarding same.

2/27/2018 205979 Nance Becker 5.20 $750.00 $3,900.00 07‐SettlementDraft notice and memorandum in support of Motion for Preliminary Approval.

3/1/2018 205980 Nance Becker 4.20 $750.00 $3,150.00 07‐SettlementRevise Motion for Preliminary Approval, begin drafting supporting declaration.

3/2/2018 205984 Nance Becker 2.00 $750.00 $1,500.00 07‐SettlementFinish draft declaration in support of Preliminary Approval, update supporting memorandum, email defendant's counsel, confer with M. Chavez

3/2/2018 205991 Mark A. Chavez 1.10 $850.00 $935.00 07‐SettlementReview and prepare emails regarding bid for settlement administrator. Telephone call with settlement administrator regarding bid, review bid.

3/5/2018 206535 Nance Becker 3.00 $750.00 $2,250.00 07‐SettlementWork on settlement documents, telephone call with co‐counsel regarding preliminary approval draft stipulation for extension of time, confer with M. Chavez regarding motion and hearing.

3/6/2018 206541 Nance Becker 0.50 $750.00 $375.00 07‐SettlementEmails and telephone call with defendant's counsel, meet with M. Chavez regarding settlement.

3/12/2018 206694 Mark A. Chavez 1.60 $850.00 $1,360.00 10‐Case OrgReview proposal for settlement administrator, telephone calls with settlement administrator, review and prepare emails regarding proposal, confer with Nance regarding status, review email.

3/12/2018 206752 Nance Becker 0.20 $750.00 $150.00 07‐SettlementMeet with M. Chavez regarding class notice, email opposing counsel regarding same

3/13/2018 206698 Mark A. Chavez 0.90 $850.00 $765.00 07‐SettlementTelephone call regarding settlement, administrative proposal, review and prepare emails.

3/14/2018 206739 Mark A. Chavez 2.90 $850.00 $2,465.00 10‐Case Org Review claims data, review and prepare emails regarding claims

3/15/2018 206740 Mark A. Chavez 1.30 $850.00 $1,105.00 07‐SettlementTelephone calls and emails regarding class notice and settlement administrator proposal.

3/19/2018 206751 Nance Becker 2.30 $750.00 $1,725.00 07‐Settlement Draft revised notice, discuss with M. Chavez

3/20/2018 206741 Mark A. Chavez 0.90 $850.00 $765.00 07‐Settlement Review changes to settlement document, review and prepare emails.

3/20/2018 206750 Nance Becker 3.20 $750.00 $2,400.00 07‐SettlementUpdate settlement agreement and all exhibits thereto and forward to opposing counsel, email settlement documents to clients.

Page 15 of 21


3/22/2018 206749 Nance Becker 2.20 $750.00 $1,650.00 07‐SettlementUpdate preliminary approval motion to reflect revisions to settlement documents, emails to opposing counsel.

3/22/2018 206748 Nance Becker 0.20 $750.00 $150.00 07‐Settlement Emails , J. Borneman and N. Miller regarding settlement.

3/23/2018 206742 Mark A. Chavez 0.70 $850.00 $595.00 07‐Settlement Review draft brief.

3/26/2018 206743 Mark A. Chavez 1.90 $850.00 $1,615.00 07‐SettlementReview and prepare emails regarding status of settlement, revise preliminary approval brief.

3/27/2018 207048 Mark A. Chavez 2.30 $850.00 $1,955.00 07‐SettlementReview and prepare emails regarding settlement signatures, review and edit preliminary approval papers, telephone call with Jenna regarding preparation of preliminary approval.

3/27/2018207067 Mark A. Chavez 2.30 $850.00 $1,955.00 07‐Settlement

Review and prepare emails regarding settlement signatures, review and edit preliminary approval papers, telephone call with Jenna regarding preparation of preliminary approval papers.

3/28/2018 207049 Mark A. Chavez 1.70 $850.00 $1,445.00 07‐SettlementPreparation of motion for preliminary approval papers, review and prepare emails regarding same.

3/28/2018 208945Legal Asst/Jenna Raden 2.90 $225.00 $652.50 10‐Case Org

Preliminary Approval motion ‐ Braun time classification; Proposed Order finalization; fee spreadsheets


Review time summary. Meet with M. Chavez, N. Miller and J. Borneman regarding their time records. Revise declaration and Memorandum of points and authorities in support of Preliminary Approval. Confer with staff regarding finalizing and filing of documents.


Finalize preliminary approval memo; fee spreadsheet edits, additions, and finalization.

4/4/2018 207065 Mark A. Chavez 0.50 $850.00 $425.00 10‐Case Org Telephone call with mediator's assistant and emails regarding mediation.

4/9/2018 207026 Nance Becker 0.40 $750.00 $300.00 01‐Pleadings

Confer with M. Chavez regarding preparation for preliminary approval hearing and attorney fee motion, review court requirements for fee submissions.

4/16/2018 207073 Mark A. Chavez 0.40 $850.00 $340.00 07‐SettlementConfer with Nance regarding Supplemental declaration and fee application, review emails regarding same.

4/16/2018 208947Legal Asst/Jenna Raden 0.90 $225.00 $202.50 10‐Case Org Update attorney fee spreadsheets for court fee approval

Page 16 of 21



Meet with M. Chavez regarding preliminary approval motion. Detailed review of C&G and BLG time records. Draft supplemental declaration and confer with staff regarding exhibits. Make travel arrangements for hearing.

4/17/2018 208948Legal Asst/Jenna Raden 1.70 $225.00 $382.50 10‐Case Org Further updates to fee tables for court approval

4/18/2018 207054 Nance Becker 0.20 $750.00 $150.00 07‐Settlement Review revised declaration and exhibits regarding attorney fees

4/18/2018 208949Legal Asst/Jenna Raden 0.60 $225.00 $135.00 10‐Case Org Finalize supplemental fee tables and file supplemental declaration

4/25/2018 207092 Nance Becker 0.10 $750.00 $75.00 07‐Settlement Review court order requesting further briefing.

4/30/2018 207096 Nance Becker 1.00 $750.00 $750.00 10‐Case OrgReview time records and draft memorandum to M. Chavez analyzing defendant's claim that time is duplicative.


Email to defendant's counsel requesting additional customer information. Discuss court order with M. Chavez. Review dates and draft memorandum in response to court order.

4/30/2018 207079 Mark A. Chavez 1.10 $850.00 $935.00 10‐Case Org

Review files regarding fees, confer with Nance regarding lodestar analysis, preparation of email regarding fees, telephone call with defendant's counsel regarding fees.

5/1/2018 207100 Nance Becker 2.30 $750.00 $1,725.00 07‐Settlement Begin drafting motion for attorney fees;confer / M. Chavez regarding same.5/1/2018 207075 Mark A. Chavez 0.20 $850.00 $170.00 10‐Case Org Telephone call with mediator regarding status

5/1/2018 207099 Nance Becker 0.80 $750.00 $600.00 07‐SettlementRevise Supplemental memorandum in response to court order and email wise regarding same.

5/3/2018 207103 Nance Becker 0.20 $750.00 $150.00 10‐Case Org Emails with opposing counsel and staff regarding supplemental briefing.5/7/2018 207083 Nance Becker 3.00 $750.00 $2,250.00 07‐Settlement Continue draft motion in support of award of attorney's fees5/8/2018 207086 Nance Becker 2.30 $750.00 $1,725.00 07‐Settlement Continue drafting memorandum in support of award for attorney's fees

5/22/2018 207128 Nance Becker 3.00 $750.00 $2,250.00 07‐SettlementResearch and continue drafting memorandum in support of award of attorneys' fees.

5/29/2018 207131 Nance Becker 3.50 $750.00 $2,625.00 07‐SettlementFinish drafting and cite ‐ check memorandum in support of attorney fees, draft class representative declarations.

6/15/2018 207163 Nance Becker 2.00 $750.00 $1,500.00 07‐SettlementEdit and circulate motion for attorney fees and draft class representative declarations.

7/16/2018 207954 Nance Becker 0.60 $750.00 $450.00 09‐Other motioReview and revise draft Kierstead declaration and exhibit; confer with M. Braun

Page 17 of 21


7/19/2018 207952 Nance Becker 2.10 $750.00 $1,575.00 09‐Other motioDraft supplemental amended memorandum adding Kierstead fees; review draft tables.


Updated preliminary approval fee tables with A.K. fees; format pleadings for filing re amended fee tables, declaration and exhibits


File Supplemental Memo re Attorney Fees and schedule courtesy copy delivery

9/17/2018 207725 Nance Becker 0.10 $750.00 $75.00 10‐Case Org Telephone call with court clerk.

11/29/2018 208850 Mark A. Chavez 1.20 $850.00 $1,080.00 07‐SettlementReview preliminary approval order; review file and preparation of emails regarding settlement administration and class notice.

11/30/2018 208849 Mark A. Chavez 1.00 $850.00 $900.00 07‐Settlement

Telephone call with settlement administrator regarding class notice and settlement administration; preparation of emails regarding notice and settlement administrator.

12/10/2018 208766 Mark A. Chavez 1.10 $850.00 $990.00 07‐Settlement

Telephone call with settlement administrator regarding notice and settlement issues; review terms of settlement; prepare and review emails regarding notice.

12/12/2018 208920 Mark A. Chavez 0.60 $850.00 $540.00 10‐Case OrgReview and prepare emails regarding missing data and notice issues; review file.

12/19/2018 208921 Mark A. Chavez 1.10 $850.00 $990.00 10‐Case OrgReview and prepare emails regarding extending dates; review and edit stipulation; review settlement schedule and settlement agreement.

1/14/2019 208922 Mark A. Chavez 1.10 $900.00 $990.00 07‐SettlementReview schedule; review file regarding class notice requirements; telephone call with settlement administrator regarding schedule and status.

1/24/2019 208765 Mark A. Chavez 0.70 $900.00 $630.00 07‐SettlementReview and prepare emails regarding class notice and status; review order on timing.

1/25/2019 208764 Mark A. Chavez 0.90 $900.00 $810.00 01‐Pleadings

Review files and data on sales and revenue by year; prepare for and participate in call with defendant's counsel regarding additional extension on notice.

2/7/2019 208916 Nance Becker 1.40 $800.00 $1,120.00 09‐Other motioDraft and circulate proposed stipulation and proposed order to modify schedule for filing attorney fee motion.

2/8/2019 208952Legal Asst/Jenna Raden 0.30 $225.00 $67.50 10‐Case Org File stipulation and proposed order

Page 18 of 21


2/28/2019 208754 Mark A. Chavez 5.30 $900.00 $4,770.00 07‐Settlement

Review class member data; telephone call with settlement adminstrator regarding data; review settlement documents regarding notice issues; review and prepare email regarding data and notice; telephone calls regarding class member data.

2/28/2019 208918 Nance Becker 0.50 $800.00 $400.00 10‐Case Org Telephone call with M. Chavez regarding settlement and needed motions.3/1/2019 208919 Nance Becker 0.10 $800.00 $80.00 10‐Case Org Review emails.


Review final versions of notice documents; telephone call with settlement administrator regarding class issues; review and prepare emails regarding regarding notice and data issues.

3/8/2019 208953Legal Asst/Jenna Raden 0.40 $225.00 $90.00 10‐Case Org Draft stipulation and proposed order


Telephone call with settlement administrator regarding class notice, data questions and claims process; review draft documents for website and claim mock up; review and prepare emails regarding notice and timing issues; preparation of stipulation to extend deadlines.


Review emails from potential class members; review and prepare emails regarding settlement; review internet stories and video regarding settlement; prepare email regarding stipulation.

3/11/2019 208821Legal Asst/Jennifer Ford 1.30 $225.00 $292.50 07‐Settlement

Meeting with Mark Chavez regarding instructions on settlement, pickup phone and materials.

3/12/2019 208917 Nance Becker 0.50 $800.00 $400.00 07‐SettlementReview settlement documents and stipulation to prepare for class inquiries; return email from class member.


Telephone call with settlement administrator regarding status, completing notice and remaining issues; review and prepare emails regarding notice issues; review settlement; conference with Nance and Jennifer regarding responding to class members; review and prepare emails to class members.

3/12/2019 208823Legal Asst/Jennifer Ford 2.00 $225.00 $450.00 07‐Settlement Reveiw settlement documents, discuss with Nance.

3/12/2019 208822Legal Asst/Jennifer Ford 1.10 $225.00 $247.50 07‐Settlement Set up phone trouble shoot with Nextiva.

Page 19 of 21



Review and prepare responses to class members inquiries; telephone call with settlement administrator regarding status; review settlement; prepare email to defendant's counsel regarding Wise obligations.


Rachelle Patton ‐ left detailed message in regards to lawsuit. Stephen Merk left a detailed message. Nt in California. Lewis Barnwell ‐ no message set up on phone unable to leave message. Phone number 2 purchased in 2018 nt class member. Erin Wolf class member call regarding instruction on claim form extended conversation. Jeff Smith ‐ phone call nt in california. Leif Sells out of state no in class. Marty Seaver questions regarding case nt in california.


Telephone call with settlement administrator regarding calculation issues and notice plan; review new spreadsheet; review and prepare email regarding class notice, data and schedule; review earlier data provided by Wise and average product price information.


Richard Green voice message ‐ florida resident LM regarding only California. William Dab ‐ nt in California Barb Can ‐ nt in California Ron Darran submitted claim had questions regarding shelf life duration of food items.

3/26/2019 208926 Mark A. Chavez 0.40 $900.00 $360.00 01‐Pleadings Review file regarding fee motion; prepare email regarding fee motion.

3/26/2019 208925 Mark A. Chavez 0.80 $900.00 $720.00 07‐SettlementReview and prepare emails to class members regarding settlement and claims.

3/27/2019 208923 Mark A. Chavez 0.80 $900.00 $720.00 07‐SettlementReview and prepare emails to class members regarding settlement; review terms of agreement.


Erin Wolf call and Michael Caldwell. Erin Wolf needs forms sent to her address ‐ goes on regarding bad product.

4/4/2019 208814 Nance Becker 2.00 $800.00 $1,600.00 07‐Settlement Work on attorney fee motion and supporting declarations.

4/5/2019 208915 Nance Becker 3.40 $800.00 $2,720.00 07‐SettlementResearch in support of Motion for Attorneys' Fees. Finish drafting memorandum. Send draft declaration's regarding service awards to clients.

4/10/2019 208847 Mark A. Chavez 0.60 $900.00 $540.00 10‐Case OrgReview and prepare email regarding fee application and final approval motion.

4/22/2019 208896 Mark A. Chavez 0.20 $900.00 $180.00 07‐Settlement Review and prepare emails to class member regarding settlement.

Page 20 of 21



Email with J. Borneman regarding his declaration. Review Braun declaration and incorporate information into fee motion. Update and revise memorandum in support of fee motion. Draft notice of motion.

5/2/2019 208938 Nance Becker 3.70 $800.00 $2,960.00 07‐SettlementResearch and add cases to fee memorandum. Begin drafting supporting declaration.

5/6/2019 208940 Nance Becker 6.00 $800.00 $4,800.00 07‐Settlement Complete the fee declaration, motion and proposed order.

5/6/2019 208934 Mark A. Chavez 2.70 $900.00 $2,430.00 10‐Case OrgReview and edit fee motion; conference with Nance regarding brief; review emails regarding motion.


Meet with M. Chavez regarding attorney fee brief and make requested revisions. Draft declaration in support of C&G fee request. Review costs compiled by staff and assign additional tasks needed to finalize motion.

5/7/2019 208944Legal Asst/Jenna Raden 1.00 $225.00 $225.00 10‐Case Org Update attorney fee tables for court approval


Further updates to fee summary tables and detailed time reports for fee approval

Page 21 of 21

EXHIBIT C

Attorney Law FirmHourly Rate

Year of Grad. & Qualifications Hours Fee

Mark A. Chavez Chavez & Gertler LLP 850$ 1979 ‐ Decl 43.5 36,975.00$ Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 36.7 27,525.00$ Jonathan E. Gertler Chavez & Gertler LLP 825$ 1983 ‐ Decl 0.3 247.50$ Dan L. Gildor Chavez & Gertler LLP 695$ 2002 ‐ Decl 1.8 1,251.00$ Legal Assistant Chavez & Gertler LLP 225$ Declaration 22.4 5,040.00$ Michael Braun Braun Law Group P.C. 700$ 1993 ‐ Decl 19.85 13,895.00$ Andrew S. Kierstead Law Offices of Andrew Kierstead 640$ 1987 ‐ Decl 12 7,680.00$ Jason Riddick Pltfs Personal Counsel 550$ 2004 ‐ Decl 17 9,350.00$ Jeffrey Huron Pltfs Personal Counsel 650$ 1988 ‐ Decl 2 1,300.00$

155.55 103,263.50$



Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 42.5 31,875.00$ 42.5 31,875.00$



Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 19.3 14,475.00$ 19.3 14,475.00$



Mark A. Chavez Chavez & Gertler LLP 850$ 1979 ‐ Decl 23.8 20,230.00$ Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 21.5 16,125.00$

45.3 36,355.00$



Mark A. Chavez Chavez & Gertler LLP 850$ 1979 ‐ Decl 15 12,750.00$ Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 30.5 22,875.00$ Legal Assistant Chavez & Gertler LLP 225$ Declaration 10 2,250.00$ Andrew S. Kierstead Law Offices of Andrew Kierstead 640$ 1987 ‐ Decl 1 640.00$

56.5 38,515.00$



Mark A. Chavez Chavez & Gertler LLP 850$ 1979 ‐ Decl 5.4 4,590.00$ Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 31.4 23,550.00$ Michael Braun Braun Law Group P.C. 700$ 1993 ‐ Decl 0.25 175.00$

37.05 28,315.00$

Miller v. WiseTable 1: Plaintiffs' Counsel Time By Task

Task 1: Case Planning, Organization & Strategy

Task 2: Class Certification

Task 3: CMC appearance & preparation

Fee Request for Task 2


[Updated Through Fairness Hearing]




Task 4: Depositions

Task 5: Ex Parte, Attorneys Fees, etc

Task 6: Experts


Page 1 of 6



Mark A. Chavez Chavez & Gertler LLP 850$ 1979 ‐ Decl 7.9 6,715.00$ Jonathan E. Gertler Chavez & Gertler LLP 825$ 1983 ‐ Decl 1.9 1,567.50$ Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 4.7 3,525.00$ Dan L. Gildor Chavez & Gertler LLP 695$ 2002 ‐ Decl 1.9 1,320.50$ Michael Braun Braun Law Group P.C. 700$ 1993 ‐ Decl 30.5 21,350.00$ Andrew S. Kierstead Law Offices of Andrew Kierstead 640$ 1987 ‐ Decl 14.25 9,120.00$ Jason Riddick Pltfs Personal Counsel 550$ 2004 ‐ Decl 11 6,050.00$ Jeffrey Huron Pltfs Personal Counsel 650$ 1988 ‐ Decl 2 1,300.00$

74.15 50,948.00$



Mark A. Chavez Chavez & Gertler LLP 850$ 1979 ‐ Decl 4.8 4,080.00$ Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 40.2 30,150.00$ Legal Assistant Chavez & Gertler LLP 225$ Declaration 20 4,500.00$ Michael Braun Braun Law Group P.C. 700$ 1993 ‐ Decl 12.1 8,470.00$

77.1 47,200.00$



Mark A. Chavez Chavez & Gertler LLP 850$ 1979 ‐ Decl 18.3 15,555.00$ Nance F. Becker Chavez & Gertler LLP 750$ 1981 ‐ Decl 12.8 9,600.00$ Dan L. Gildor Chavez & Gertler LLP 695$ 2002 ‐ Decl 10.8 7,506.00$ Michael Braun Braun Law Group P.C. 700$ 1993 ‐ Decl 71.75 50,225.00$ Andrew S. Kierstead Law Offices of Andrew Kierstead 640$ 1987 ‐ Decl 3.25 2,080.00$ Jason Riddick Pltfs Personal Counsel 550$ 2004 ‐ Decl 5 2,750.00$

121.9 87,716.00$



Mark A. Chavez (2018) Chavez & Gertler LLP 850$ 1979 ‐ Decl 47.1 40,035.00$ Mark A. Chavez (2019) Chavez & Gertler LLP 900$ 1979 ‐ Decl 29.3 26,370.00$ Nance F. Becker (2018) Chavez & Gertler LLP 750$ 1981 ‐ Decl 75.1 56,325.00$ Nance F. Becker (2019) Chavez & Gertler LLP 800$ 1981 ‐ Decl 81 64,800.00$ Michael Braun Braun Law Group P.C. 700$ 1993 ‐ Decl 24.5 17,150.00$ Andrew S. Kierstead Law Offices of Andrew Kierstead 640$ 1987 ‐ Decl 1.5 960.00$

258.5 205,640.00$

Task 8: Discovery

Task 9: Pleadings & Motions

Task 10: Settlement & Approval Motions




Task 7: Legal and Other Research


Page 2 of 6

Hours Fees155.55 103,263.50$ 42.50 31,875.00$ 19.30 14,475.00$ 45.30 36,355.00$ 56.50 38,515.00$ 37.05 28,315.00$ 74.15 50,948.00$ 77.10 47,200.00$

121.90 87,716.00$ 258.50 205,640.00$ 887.85 644,302.50$

Nicholas Miller

Jeffrey Borneman

Total

3 3 6

4 6 102 4 61 1 23 3 63 3 62 3 51 1 21 1 22 2 422 27 49

Task 4: Depositions

Class Representative Time

Consultation with counselPleadings: review complaint and other documentsInitial disclosuresConferences: emails and calls with attorneys re case progressClass Cert: discuss class cert motion and prepare declarationMediation: confer re mediation and settlementSettlement: review and approve agreementPreliminary Approval: confer re motionFinal Approval: review documents and draft declaration

Investigation: Review FDA nutrition requirements and investigate competing products

Task

TOTALS:

Task 9: Pleadings & Motions

Summary of Attorney Time

TOTAL:

TaskTask 1: Case Planning, Organization & StrategyTask 2: Class Certification Task 3: CMC appearance & preparation

Task 10: Settlement & Approval Motions

Task 5: Ex Parte, Attorneys Fees, etcTask 6: ExpertsTask 7: Legal and Other ResearchTask 8: Discovery

Page 3 of 6

Attorney Rate TOTALSTask 1: Case Organization 43.5 Hours:Task 2: Class Certification 0Task 3: CMC 0Task 4: Depositions 23.8Task 5: Ex Parte, Attorneys Fees 15Task 6: Experts 5.4 Amount:Task 7: Research 7.9Task 8: Discovery 4.8Task 9: Pleadings & Motions 18.3Task 10: Settlement 76.4

Task 1: Case Organization 0.3 Hours:Task 2: Class Certification 0Task 3: CMC 0Task 4: Depositions 0Task 5: Ex Parte, Attorneys Fees 0Task 6: Experts 0 Amount:Task 7: Research 1.9Task 8: Discovery 0Task 9: Pleadings & Motions 0Task 10: Settlement 0

Task 1: Case Organization 36.7 Hours:Task 2: Class Certification 42.5Task 3: CMC 19.3Task 4: Depositions 21.5Task 5: Ex Parte, Attorneys Fees 30.5Task 6: Experts 31.4 Amount:Task 7: Research 4.7Task 8: Discovery 40.2Task 9: Pleadings & Motions 12.8Task 10: Settlement 156.1

Task 1: Case Organization 1.8 Hours:Task 2: Class Certification 0Task 3: CMC 0Task 4: Depositions 0Task 5: Ex Parte, Attorneys Fees 0Task 6: Experts 0 Amount:Task 7: Research 1.9Task 8: Discovery 0Task 9: Pleadings & Motions 10.8Task 10: Settlement 0

Hours by Task

300,825.00$

14.5

Jonathan E. Gertler Chavez & Gertler LLP

$825

Nance F. Becker Chavez & Gertler LLP

$750 $800 (2019)

Dan L. Gildor Chavez & Gertler LLP

$695

2.2

1,815.00$

395.7

Table 2: Plaintiffs' Counsel Time By Attorney Miller v. Wise

Mark A. Chavez Chavez & Gertler LLP

$850 $900 (2019)

195.1

167,300.00$

[Updated Through Fairness Hearing]

10,077.50$

Page 4 of 6

Task 1: Case Organization 22.4 Hours:Task 2: Class Certification 0Task 3: CMC 0Task 4: Depositions 0Task 5: Ex Parte, Attorneys Fees 10Task 6: Experts 0 Amount:Task 7: Research 0Task 8: Discovery 20Task 9: Pleadings & Motions 0Task 10: Settlement 0

Task 1: Case Organization 19.85 Hours:Task 2: Class Certification 0Task 3: CMC 0Task 4: Depositions 0Task 5: Ex Parte, Attorneys Fees 0Task 6: Experts 0.25 Amount:Task 7: Research 30.5Task 8: Discovery 12.1Task 9: Pleadings & Motions 71.75Task 10: Settlement 24.5

Task 1: Case Organization 17 Hours:Task 2: Class Certification 0Task 3: CMC 0Task 4: Depositions 0Task 5: Ex Parte, Attorneys Fees 0Task 6: Experts 0 Amount:Task 7: Research 11Task 8: Discovery 0Task 9: Pleadings & Motions 5Task 10: Settlement 0

Task 1: Case Organization 2 Hours:Task 2: Class Certification 0Task 3: CMC 0Task 4: Depositions 0Task 5: Ex Parte, Attorneys Fees 0Task 6: Experts 0 Amount:Task 7: Research 2Task 8: Discovery 0Task 9: Pleadings & Motions 0Task 10: Settlement 0

Jeffrey Huron $650

4

2,600.00$

33

52.4

$550

18,150.00$

11,790.00$

Legal Asst Chavez & Gertler LLP

$225

Michael Braun Braun Law Group P.C.

111,265.00$

158.95

$700

Jason Riddick

Page 5 of 6

Task 1: Case Organization 12 Hours:Task 2: Class Certification 0Task 3: CMC 0Task 4: Depositions 0Task 5: Ex Parte, Attorneys Fees 1Task 6: Experts 0 Amount:Task 7: Research 14.25Task 8: Discovery 0Task 9: Pleadings & Motions 3.25Task 10: Settlement 1.5

Attorney Rate Tasks Hours FeesMark A. Chavez $850/$900 All Tasks 195.1 167,300.00$ Jonathan E. Gertler $825 All Tasks 2.2 1,815.00$ Nance F. Becker $750/$800 All Tasks 395.7 300,825.00$ Dan L. Gildor $695 All Tasks 14.5 10,077.50$ Legal Asst $225 All Tasks 52.4 11,790.00$ Michael Braun $700 All Tasks 158.95 111,265.00$ Andrew Kierstead $640 All Tasks 32 20,480.00$ Jason Riddick $550 All Tasks 33 18,150.00$ Jeffrey Huron $650 All Tasks 4 2,600.00$

887.85 644,302.50$

Nicholas Miller

Jeffrey Borneman Total

3 3 6

4 6 102 4 61 1 23 3 63 3 62 3 51 1 21 1 22 2 422 27 49

Task

Investigation: Review FDA nutrition requirements and investigate competing productsConsultation with counsel

Preliminary Approval: confer re motion

Pleadings: review complaint and other documents

Final Approval: review documents and draft declarationTOTALS:

Initial disclosuresConferences: emails and calls with attorneys re case progressClass Cert: discuss class cert motion and prepare declarationMediation: confer re mediation and settlementSettlement: review and approve agreement

Class Representative Time

Total:

Summary of Attorney Time

Andrew Kierstead Law Offices of Andrew

Kierstead$640

32

20,480.00$

Page 6 of 6

EXHIBIT D

Chavez & Gertler Cost Detail

Type Date Num Name Memo Amount

Ordinary Income/ExpenseExpense

6160 · COMPUTER RESEARCHGener... 01/01/2019 1,023.94

Total 6160 · COMPUTER RESEARCH 1,023.94

6400 · DEPOSITIONSGener... 01/01/2019 684.64

Total 6400 · DEPOSITIONS 684.64

6700 · EXPERT FEESGener... 01/01/2019 34,812.45

Total 6700 · EXPERT FEES 34,812.45

7010 · FILING FEESGener... 01/01/2019 1,609.50

Total 7010 · FILING FEES 1,609.50

7060 · MEDIATIONGener... 01/01/2019 8,145.00

Total 7060 · MEDIATION 8,145.00

7070 · MESSENGER/FILING SERVICEGener... 01/01/2019 121.90

Total 7070 · MESSENGER/FILING SERVICE 121.90

7085 · OVERNIGHT DELIVERYGener... 01/01/2019 566.92

Total 7085 · OVERNIGHT DELIVERY 566.92

7120 · SVC OF PROCESS & SUBPOENASGener... 01/01/2019 125.00

Total 7120 · SVC OF PROCESS & SUBPOENAS 125.00

7150 · TRAVELGener... 01/01/2019 2,829.47

Total 7150 · TRAVEL 2,829.47

Total Expense 49,918.82

Net Ordinary Income -49,918.82

Net Income -49,918.82

Chavez & Gertler LLP05/06/19 Case P&L DETAIL

January 1 through May 6, 2019

Page 1

Expert Invoices

DEAN K. FUEROGHNE 7025 S. Golfside Lane Phoenix, AZ 85042 (626) 399–8699

Date: August 1, 2017 Attention: Nance Becker, Esq. Client: Chavez & Gertler, LLP

42 Miller Ave. Mill Valley, CA 94941

Expert: Dean Fueroghne Signature: /Dean Fueroghne/ Case Caption: Miller v. Wise Company, Inc. Billing Period: Through July 31, 2017 Date Services Performed: Time Spent Charges 07/26 Emails w/NM 0.25 $375.00/hr 07/31 Read and review complaint, answer and joint rule 1.25 $375.00/hr Begin report outline 0.50 $375.00/hr Total Time: 2.00 $750.00 Date Expenses Amount of Expenses Total Expenses: $0.00 Total: $750.00 PLEASE MAIL PAYMENT TO: DEAN FUEROGHNE 7025 S. Golfside Lane Phoenix, AZ 85042

1


Date: September 1, 2017 Attention: Nance Becker Client: Chavez & Gertler, LLP


Expert: Dean Fueroghne Signature: /Dean Fueroghne/ Case Caption: Miller v. Wise Company, Inc. Billing Period: August 1 thru August 31, 2017 Date Services Performed: Time Spent Charges 08/04 Phone conf. w/NB 0.75 $375.00/hr 08/12 Draft report 1.00 $375.00/hr 08/23 Research website and draft report 3.00 $375.00/hr 08/24 Research website and draft report 4.00 $375.00/hr 08/27 Draft report 0.75 $375.00/hr 08/28 Draft report 3.00 $375.00/hr 08/29 Draft report 3.25 $375.00/hr Phone conf w/NB 0.50 $375.00/hr 08/30 Review Depo of Marcus Sorensen 1.75 $375.00/hr Total Time: 18.00 $6,750.00 Expenses Date Amount of Expenses Total Expenses: $0 Total: $6,750.00 PLEASE MAIL PAYMENT TO: DEAN FUEROGHNE 7025 S. Golfside Lane Phoenix, AZ 85042

1


Date: October 1, 2017 Attention: Nance Becker Client: Chavez & Gertler, LLP


Expert: Dean Fueroghne Signature: /Dean Fueroghne/ Case Caption: Miller v. Wise Company, Inc. Billing Period: September 1 thru September 30, 2017 Date Services Performed: Time Spent Charges 09/01 Draft report 2.00 $375.00/hr Competitor website research 0.75 $375.00/hr 09/02 Draft report 3.25 $375.00/hr 09/05 Phone conf. w/NB & email 0.50 $375.00/hr 09/08 Review Defendant’s Responses to Doc. Req. 1.00 $375.00/hr 09/11 Phone conf. w/NB 1.25 $375.00/hr 09/13 Edit report 1.50 $375.00/hr 09/15 Edit report 5.25 $375.00/hr 09/16 Edit report 0.75 $375.00/hr 09/23 Reformat report into Declaration template 1.25 $375.00/hr 09/28 Phone conf. w/NB 0.25 $375.00/hr Total Time: 17.75 $6,656.25 Total: $6,656.25 PLEASE MAIL PAYMENT TO: DEAN FUEROGHNE 7025 S. Golfside Lane Phoenix, AZ 85042

1


Date: November 1, 2017 Attention: Nance Becker Client: Chavez & Gertler, LLP


Expert: Dean Fueroghne Signature: /Dean Fueroghne/ Case Caption: Miller v. Wise Company, Inc. Billing Period: October 1 thru October 31, 2017 Date Services Performed: Time Spent Charges 10/01 Edit declaration, revisions 7.75 $375.00/hr 10/02 Edit declaration, revisions 1.75 $375.00/hr Phone conf. w/NB 0.50 $375.00/hr Final edit declaration & create PDF docs. 0.75 $375.00/hr 10/03 Review docs, edit declaration & create PDF docs. 1.25 $375.00/hr 10/04 Edit declaration & create PDF docs. 0.25 $375.00/hr 10/06 Revise declaration & create PDF docs. Per NM 0.25 $375.00/hr 10/09 Revise declaration & create PDF docs. Per NM 0.25 $375.00/hr 10/28 Email corresp. w/NB re: depo dates 0.50 $375.00/hr Total Time: 13.25 $4,968.75 Expenses Date Amount of Expenses Total Expenses: $0 Total: $4,968.75 PLEASE MAIL PAYMENT TO: DEAN FUEROGHNE 7025 S. Golfside Lane Phoenix, AZ 85042

DR. NANCY R. HUDSON, (hc) M.S., R.D. 3263 Vineyard Avenue #14 ~ Pleasanton, CA 94566

530/320-4483 (mobile) 925/425-0181 (home) [email protected]

September 19, 2017 CHAVEZ & GERTLER LLP Mark A. Chavez (CA Bar No. 90858) Nance F. Becker (CA Bar No. 99292) 42 Miller Avenue Mill Valley, California 94941 Invoice for work on Miller and Borneman vs. Wise Review of information on Wise Company website 3 hours, 45 minutes Comparison with similar products 3 hours Review of MREs 1 hour Sorenson Deposition 2 hours, 30 minutes Comparison of Wise and Patriot Supply 1 hour Review of Subpoena 15 minutes Phone call re: declaration (w/prep) 45 minutes Preparation of draft declaration 6 hours, 45 minutes Total time 19 hours Nineteen hours at $200.00 per hour $3800.00

DR. NANCY R. HUDSON, (hc) M.S., R.D. 3263 Vineyard Avenue #14 ~ Pleasanton, CA 94566

530/320-4483 (mobile) 925/425-0181 (home) [email protected]

October 6, 2017 CHAVEZ & GERTLER LLP Mark A. Chavez (CA Bar No. 90858) Nance F. Becker (CA Bar No. 99292) 42 Miller Avenue Mill Valley, California 94941 Invoice for work on Miller and Borneman vs. Wise Declaration Draft #2 3 hours 9/21 Phone Call 1 hour Declaration Draft #3 3 hours, 30 minutes Editing Draft #3 3 hours. 15 minutes 10/3 Phone Call 45 minutes Editing Draft #4 1 hour, 45 minutes Final Review/Signature 30 minutes Total time 13.75 hours 13.75 hours at $200.00 per hour $ 2,750.00

Mediator Invoice

EXHIBIT E

Chavez & Gertler Braun Law Group TotalExpert Fees 34,812.45$ ‐$ 34,812.45$ Mediation 8,145.00$ ‐$ 8,145.00$ Filing Fees 1,609.50$ ‐$ 1,609.50$ Service of Process & Subpoenas 125.00$ 180.00$ 305.00$ Depositions 684.64$ ‐$ 684.64$ Computer Research 1,023.94$ 1,864.50$ 2,888.44$ Messenger/Filing Service 121.90$ ‐$ 121.90$ Overnght Deliver & Postage 566.92$ 6.22$ 573.14$ Travel (To Date) 2,829.47$ ‐$ 2,829.47$ Est. Future Travel 500.00$ ‐$ 500.00$ Copying & Printing 130.92$ 124.80$ 255.72$

TOTAL 50,549.74$ 2,175.52$ 52,725.26$

Plaintiffs' Counsel Cost SummaryMiller v. Wise Company, Inc.

chavez & gertler llp braun law group, p.c....subsequently employed with the law firm of...

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