Larkin v. Yelp! Inc.

Filing 32

MOTION for Settlement Preliminary Approval filed by Ahmad Deanes, Justin Larkin, Anthony Tijerino. Motion Hearing set for 6/1/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 5/11/2012. Replies due by 5/18/2012. (Attachments: # 1 Declaration Declaration of Peter Rukin, # 2 Declaration Declaration of Rosa Vigil-Gallenberg, # 3 Declaration Declaration of Tom Urmy, # 4 Proposed Order Proposed Order)(Rukin, Peter) (Filed on 4/27/2012)

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Peter Rukin (SBN 178336)
RUKIN HYLAND DORIA & TINDALL LLP
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Rosa Vigil-Gallenberg (SBN 251872)
GALLENBERG PC
9701 Wilshire Blvd. Suite 1000
Beverly Hills, CA 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Todd Heyman (pro hac vice application to be filed)
SHAPIRO HABER & URMY LLP
53 State Street 13th Floor
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Representative Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JUSTIN LARKIN, ANTHONY TIJERINO, and
AHMAD DEANES, on behalf of themselves and
all others similarly situated,

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Plaintiffs,
v.
YELP!, INC.,
Defendant.

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Case No. 3:11-cv-01503-EMC
DECLARATION OF THOMAS V.
URMY, JR., IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL OF
CLASS AND COLLECTIVE ACTION
SETTLEMENT
Date: June 1, 2012
Time: 1:30 p.m.
Courtroom: 5 – 17th Floor
Judge: Hon. Edward M. Chen

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Case No. 3:11-cv-01503-EMC

URMY DECL. ISO PRELIMINARY APPROVAL

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I, Thomas V. Urmy, Jr., being duly sworn, depose and say:

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1.

I am a partner in the law firm of Shapiro Haber & Urmy LLP. Together with

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Rukin Hyland Doria & Tindall LLP and Gallenberg PC, my firm has represented the Plaintiffs

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Justin Larkin, Anthony Tijerino and Ahmad Deanes in this action against Yelp, Inc.

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I submit this declaration in support of Plaintiffs’ motion for preliminary approval

of the proposed settlement in this action.

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3.

My firm has regularly litigated wage and hour class and collective actions for over

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a decade, both in Massachusetts and across the country. My firm has prosecuted wage and hour

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cases that have recovered over $50 million dollars in settlements for employees.

Those

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settlements include two settlements exceeding $15 million for artists and computer programmers

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working in the video game industry, another settlement against a different video game company

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for $8.5 million, a settlement of $7 million for municipal trash hauling service employees who

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were not paid the correct prevailing wage rate, and a $6.2 million settlement for automobile

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appraisers working for an insurance company. The cases against the video game companies were

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California state law claims brought in California state courts. An accurate description of some of

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my

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http://www.shulaw.com/About-Us/Litigation-Successes/Employee-Wage-Litigation/.

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firm’s

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wage

and

hour

cases

is

available

on

my

firm’s

website

at

My firm’s substantial skill and experience in wage and hour class and collective

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actions has been recognized even by opposing counsel in our prior cases. For example, in

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connection with a $7 million settlement of a wage and hour class action on behalf of municipal

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trash hauling service workers, counsel for defendant in that case, David C. Casey of Littler

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Mendelson P.C., recognized Shapiro Haber & Urmy LLP as a plaintiff-side firm of the highest

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quality. Specifically, Mr. Casey stated:

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Littler Mendelson is a national management sized labor and employment firm with
. . . almost 800 employer [clients] in nearly fifty cities at this point; we do more
class action defense work than any law firm in the country. And at any one time,
we have more than 300 active class action cases that we’re defending. And I will
say that both the quality of the lawyering by the Plaintiffs and the result they got is
very much on the high end of the spectrum here, and they’ve earned what they’re
asking for. They’re fair requests, both for themselves and for the main Plaintiffs.

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Case No. 3:11-cv-01503-EMC

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URMY DECL. ISO PLS' MEM. OF P. & A. ISO OF
PRELIMINARY APPROVAL

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Mullally v. Waste Mgmt. of Mass., Inc., NOCV2006-00882 (Norfolk Super. Ct. June 24, 2010),

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Transcript of Motion Hearing Before the Honorable Elizabeth Donovan at 13 (typographical

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errors corrected).

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5.

While Shapiro Haber & Urmy LLP has prosecuted many large wage and hour

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class and collective actions, the firm also has a pro bono practice that provides legal services to

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individuals in need, and also offers to represent some individuals on a reduced fee basis. My firm

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has represented a number of low-income, and typically Spanish-speaking, employees who have

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not been paid all their wages. In one case, my firm represented a Peruvian refugee who worked

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as a nanny for a family in Brookline, Massachusetts. My firm recovered over $30,000 in unpaid

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wages for her.
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In addition to our wage and hour practice, attorneys at my firm have handled

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asylum cases on a pro bono basis. Shapiro Haber & Urmy LLP was honored with the 2011 Pro

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Bono Law Firm Award from the Political Asylum/Immigration Representation Project (PAIR) for

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its work in representing those seeking asylum here in the United States.

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7.

My firm was actively involved in this case.

My firm was involved in the

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investigation of this case before filing the action, including engaging in discussions with account

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executives. My firm also conducted legal research of the various issues underlying the claims in

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the case and assisted with the briefing of those issues as part of the mediation brief. In addition,

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my firm attended the mediation and was heavily involved with the negotiation of the settlement

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reached by the parties.

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8.

I believe the proposed settlement here represents a favorable compromise for the

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class, providing them with substantial compensation for the claims alleged in this action. Given

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the risks of continued litigation, both with respect to liability and class certification, as well as the

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results of counsel’s investigation of both the facts and the law, the settlement is, in my opinion,

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fair, reasonable, and adequate.

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Case No. 3:11-cv-01503-EMC

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URMY DECL. ISO PLS' MEM. OF P. & A. ISO OF
PRELIMINARY APPROVAL

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I declare under penalty of perjury, under the laws of the United States, that the foregoing
is true and correct.
Executed this 26th day of April, 2012, at Boston, Massachusetts.

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/s/ Thomas V. Urmy, Jr.___
Thomas V. Urmy, Jr.

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Case No. 3:11-cv-01503-EMC

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URMY DECL. ISO PLS' MEM. OF P. & A. ISO OF
PRELIMINARY APPROVAL