Veronica Masten v. Sterling Jewelers, Inc. et al

RESPONSE

C.D. Cal.October 13, 2017

1 PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE RE ADEQUACY OF COUNSEL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SHADIE L. BERENJI (SBN 235021) Email: berenji@employeejustice.law OSCAR A. BUSTOS (SBN 279212) Email: bustos@employeejustice.law BRITTANEE A. MARKSBURY (SBN 315579) Email: marksbury@employeejustice.law BERENJI LAW FIRM, APC 8383 Wilshire Boulevard, Suite 708 Beverly Hills, California 90211 Telephone: (310) 855-3270 Facsimile: (310) 855-3751 Attorneys for Plaintiff VERONICA MASTEN, individually and on behalf of all other persons similarly situated and the general public UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA VERONICA MASTEN, individually and on behalf of all other persons similarly situated, and on behalf of the general public, Plaintiff, v. STERLING JEWELERS, INC., an Ohio corporation, SIGNET JEWELERS, LTD; a foreign corporation, and Does 1 through 30, inclusive; Defendants. Case No. 2:17-cv-04436-DSF-JEM HONORABLE DALE S. FISCHER PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE RE ADEQUACY OF COUNSEL (IN CHAMBERS) [Declarations of Shadie L. Berenji, Esq. filed concurrently herewith] Complaint Filed: May 12, 2017 (Los Angeles Superior Court) Case 2:17-cv-04436-DSF-JEM Document 28 Filed 10/13/17 Page 1 of 3 Page ID #:239 2 PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE RE ADEQUACY OF COUNSEL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Shadie L. Berenji, Esq. of Berenji Law Firm, APC seeks to be named as class counsel in the above-entitled action. As demonstrated through the concurrently filed declarations, an appointment of Ms. Berenji as class counsel will satisfy the requirements of the Federal Rules of Civil Procedure, Rule 23(g) and thus is appropriate. At this early stage of litigation, the Court should find that Ms. Berenji is fairly and adequately representing the interests of the class by conducting the following introductory work: researching, analyzing, and investigating each cause of action and claim for damages; conducting meetings with Plaintiff Veronica Masten and analyzing the factual circumstances underlying the pertinent legal issues; reviewing and analyzing Plaintiff’s personnel and payroll records, including but not limited to wage statements and time records; interviewing putative class members regarding their work experiences and compensation; reviewing and analyzing Defendant’s written policies and procedures regarding its compensation practices; creating spreadsheets and formulas to calculate Plaintiff’s unpaid wages and meal/rest period premiums; and, preparing a damages model for Plaintiff’s legal claims. See Declaration of Shadie L. Berenji, Esq. in Response to Order to Show Cause re Adequacy of Counsel (“Berenji Decl.,”) filed concurrently herewith, ¶¶ 10-12. Additionally, after the parties conducted the Rule 26(f) conference on August 28, 2017, Ms. Berenji propounded written discovery requests to Defendant that included Case 2:17-cv-04436-DSF-JEM Document 28 Filed 10/13/17 Page 2 of 3 Page ID #:240 3 PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE RE ADEQUACY OF COUNSEL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 requests for production of documents, special interrogatories, and requests for admissions. Id. at ¶13. Defendant’s written responses and production of documents are currently due on October 19, 2017. Ibid. Further, Ms. Berenji is highly experienced in litigating wage and hour class actions and has been appointed as class counsel in numerous employment law cases. Berenji Decl. at ¶¶4-8,14. Ms. Berenji has committed and will continue to commit financial and staffing resources to the representation of the class. Id. at ¶15. Based on the foregoing reasons and supporting declarations, Plaintiff respectfully requests that the Court make an early preliminary determination that Ms. Berenji will fairly and adequately represent the interests of the class as class counsel. DATED: October 13, 2017 BERENJI LAW FIRM, APC By: ________________________ Shadie L. Berenji Oscar A. Bustos Brittanee A. Marksbury Attorneys for Plaintiff Veronica Masten Case 2:17-cv-04436-DSF-JEM Document 28 Filed 10/13/17 Page 3 of 3 Page ID #:241