dkt 064 decl of hansen re jnt mtn for prelim approval
TRANSCRIPT
-
7/24/2019 Dkt 064 Decl of Hansen Re Jnt Mtn for Prelim Approval
1/5
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
________________________________________________________________________
Duniyo Hussein, et al., on behalf of herselfand all others similarly situated, and the Rule23 Class,
Plaintiffs,
DECLARATION OF
v. ADAM W. HANSEN
Capital Building Services Group, Inc.,
Defendant.________________________________________________________________________
I, Adam W. Hansen, hereby declare the following:
1. I am one of Plaintiffs Counsel in the above-captioned matter.
2. I submit this declaration in support of the Parties Joint Motion for
Preliminary Approval of the Proposed Class Action Settlement.
3.
With mediation pending, the parties entered into a private agreement to
defer mailing the court-approved notice and toll the claims of all class members until
after mediation.
4. Because the discussions produced a settlement, Plaintiffs counsel did not
send conditional certification notice to the class.
5.
The Parties have engaged in limited discovery.
6. In anticipation of mediation, Capital produced all payroll and timekeeping
data for all members of the class.
Court File No. 15-CV-02498(SRN/BRT)
CASE 0:15-cv-02498-SRN-BRT Document 64 Filed 02/16/16 Page 1 of 5
-
7/24/2019 Dkt 064 Decl of Hansen Re Jnt Mtn for Prelim Approval
2/5
2
7. In addition, the parties agreed on a methodology whereby both parties
could ask questions of the other parties in order to clarify points of dispute.
8. During the period of discovery, for example, Defendant provided detailed
information on the nature of its timekeeping and payroll data, where the data resides, and
who may access or change the data.
9. Defendant also provided discovery on Defendants policies related to
payment, travel time, meal breaks, timekeeping, and providing access to paystubs.
10. Last, Defendant produced detailed financial information relating to
Capitals assets, liabilities, debts, accounts, and contractual relationships.
11. The Parties agreed to defer further discovery and associated disputes in
favor of settlement.
12.
In pursuing claims at issue in the Action, and in evaluating the merits of the
settlement, Class Counsel have (1) reviewed thousands of pages of data and documents,
(2) conducted over a dozen witness interviews, (3) held meetings and conferences
between representatives of the Parties, (4) researched federal and Minnesota law, (5)
investigated facts regarding the Class Members claims, (6) gathered declarations, (7)
researched and investigated potential defenses to Plaintiffs claims, and (8) analyzed the
damages incurred by the Class.
13.
On December 11, 2015, the Parties participated in a full-day mediation
session conducted by the Honorable Arthur Boylan (Ret.).
14.
Following the mediation, the parties continued negotiating over a variety of
sensitive monetary and non-monetary terms.
CASE 0:15-cv-02498-SRN-BRT Document 64 Filed 02/16/16 Page 2 of 5
-
7/24/2019 Dkt 064 Decl of Hansen Re Jnt Mtn for Prelim Approval
3/5
3
15. On January 22, 2016, as a result of these arms length negotiations, the
Parties agreed to the settlement.
16. The Parties have worked diligently to resolve numerous issues regarding
settlement. The Parties believe they are fully and adequately informed of all facts
necessary to evaluate the case for settlement.
17. Capital has provided the names, addresses, and last four digits of the social
security number for all class members.
18. The Parties have drafted a Class Notice which will be distributed by
Plaintiffs, through the law firm of Nichols Kaster, PLLP and its attorneys, who through
the instant Motion request to be appointed Class Counsel and Settlement Administrator in
this case.
19.
Capitals Records identified 650 individuals who met the class definition.
20. Each of the Named Plaintiffs has diligently participated in this case
including answering undergoing detailed interviews, producing documents, and
participating in a length mediation processand has assisted his or her attorneys in the
drafting of the Complaint and prosecution of this litigation.
21. Further, the Named Plaintiffs have no known conflicts of interest that
would compromise their representation of the class in their best interest.
22.
Nichols Kaster, PLLP started in 1974, and presently employs twenty-six
attorneys, as well as twelve additional staff and contract attorneys, and has been
representing employees almost exclusively for 16 years. A large portion of Nichols
CASE 0:15-cv-02498-SRN-BRT Document 64 Filed 02/16/16 Page 3 of 5
-
7/24/2019 Dkt 064 Decl of Hansen Re Jnt Mtn for Prelim Approval
4/5
4
Kasters practice is concentrated on representing employees in wage-and-hour class and
collective actions.
23. The firm is currently lead or co-counsel in approximately 84 class or
collective actions in state and federal courts across the country.
24. Paul Lukas is a partner with Nichols Kaster and an experienced
employment litigator who has been practicing law for twenty-one years. Mr. Lukas has
authored numerous articles, participated in numerous legal seminars and conventions on
employment and trial practice issues, and is a frequent lecturer on current employment
related topics.
25. I am an Associate at Nichols Kaster. After graduating from the University
of Minnesota Law School, I clerked for the Minnesota Supreme Court and the United
States Court of Appeals for the Eighth Circuit. I joined Nichols Kaster in 2011, and since
then my practice has focused almost exclusively on the representation of employees in
high-impact individual and class litigation.
26. Carl Engstrom is an associate at Nichols Kaster. Mr. Engstroms practice is
focused exclusively on class-action litigation devoted to protecting workers lost wages
and benefits.
27. At this time, the Parties are unaware of any opposition to this settlement.
28.
Here, either method justifies the award. Plaintiffs counsels current lodestar
exceeds $141,666.66.
29.
At present, Plaintiffs counsel has expended approximately $7,800 in
litigation costs.
CASE 0:15-cv-02498-SRN-BRT Document 64 Filed 02/16/16 Page 4 of 5
-
7/24/2019 Dkt 064 Decl of Hansen Re Jnt Mtn for Prelim Approval
5/5
5
30. Attached as Exhibit 1 is a true and correct copy of the Parties Executed
Settlement Agreement with Exhibits A and B.
Dated: February 16, 2016 NICHOLS KASTER, PLLP
s/Adam W. Hansen________________Adam W. Hansen, MN Bar No. 0391704
CASE 0:15-cv-02498-SRN-BRT Document 64 Filed 02/16/16 Page 5 of 5