Judge Kevin C. Lee

Joint briefs are not to exceed 5 pages, and individual briefs are not to exceed 3 pages.

Motions in limine shall comply with Local Rule 415.

Exhibits shall be placed in 3-ring binders with one copy for the Court and one for the witnesses.

Exhibits shall be pre-marked in nwnerical order and if multiple pages, bate stamped at the bottom of each page.

On the date of the TRC, parties are to bring a three-ring binder with Joint documents that contain the following (if applicable) in the order listed below: 1. Table of Contents 2. Trial Brief 3. Printed Copies of the current operative pleadings (including complaint; answer; cross-complaint; if any, an answer to the cross complaint.) 4. Joint Exhibit List Provide the clerk with a valid email address; the clerk will then email parties an excel sheet to be completed by Counsel listing the joint exhibits. The list is to be emailed back to the clerk by day one of trial. 5. Joint Witness List listing the name, brief description, and the time estimate for each witness.

Parties shall meet and confer and present this binder on the first day of trial. Two (2) copies of this binder need to be created, one for the Court and one for the Clerk. All exhibits must be pre-marked and bate stamped with exhibit tags.

Mandatory Settlement Conference Statements are to be submitted directly in S26 three court days prior to the scheduled MSC.

a. Joint witness list

c. Joint Statement of the Case

d. Plaintiffs Jury Instructions/Special Verdict

b. Joint exhibit list

Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete set ofjury instructions with an itemized list of the CACI Instructions and Special Instructions.

Exhibits must be marked and reviewed by all counsel before testimony starts.

f. Motions in Limine

e. Trial briefs

Requesting party must also file a "Notice of Hearing" with the Court via "E-file", at least 7 Court Days prior to the meeting which should include the hearing information, briefing instructions, and zoom meeting information along with a proof of service.

Failure to file the "Notice of Hearing" and the briefs will result for the "IDC" to be vacated.

Parties are instructed to file an "IDC Brief' via "E-file", with a summary of the discovery issue at least 7 Court days prior to the "IDC".

5. A summary of the case, including the causes of action, the legal and factual basis for the claims, the discovery conducted to date, counsel’s investigation of the merits of the claims, the anticipated recovery if the case were to proceed to trial, and counsel’s assessment of any impediments to such recovery.

3. A declaration by counsel addressing how the settlement was reached, that the settlement was negotiated at arms-length, whether a mediator was used in reaching the settlement terms, whether discovery (formal or informal) was conducted, the type of discovery (formal or informal) conducted, and why the settlement is fair, adequate, and reasonable for the class.

1. The defining of the key financial terms of the settlement, including the gross settlement amount, each deduction from the gross amount (attorney fees, litigation costs, settlement administrator fees, incentive fees, and all other deductions), whether exact or in a “not to exceed” amount, and the net settlement amount.

2. A copy of the Settlement Agreement signed by all parties (not just counsel).

4. The definition of the class and aggrieved employees, the class and PAGA periods and whether they exceed the statute of limitation period(s), and if yes, then why, the estimated number of class members and aggrieved employees, and if settlements shares are to be paid on a “weeks worked” or other periodic basis, the number of such periods.

15. A copy of the proposed written class notice, and its discussion of the procedures to be used for providing notice to the class, including if the class notice will be provided in any language other than English (e.g., Spanish), and, if not, the reasonable/justifiable reason why the class notice is only being provided in English (and the court will not accept cost as a reasonable excuse).

9. The proposed fee award to class counsel, including an analysis why the fee is appropriate, and whether the attorney fee and costs will be paid directly by defendants as part of the settlement, or whether the fee award and costs will be paid out of the settlement proceeds.

10. If the class is not already certified, then a declaration by counsel addressing the necessary findings for settlement class certification, i.e., the settlement class is sufficiently numerous and ascertainable, the plaintiff’s claims are typical with the class, and common questions predominate. Also, a declaration by class counsel addressing the lawyer’s knowledge and experience handling class actions and related complex litigation. Lastly, a declaration from each class representative stating what the representative did as services to the class and participation in the litigation, and his/her lack of conflict with any putative class members.

11. What claims are being settled, including any claims which are not specifically alleged in the class action complaint, and the scope of the release provisions which will bind the class members and the defendants.

14. If there are related cases pending in other jurisdictions, what effect, if any, this settlement will have on the other actions. The Court will not grant preliminary or final approval without this information. The Court will not accept any declaration that states counsel “is unaware” of any other matters. Counsel must perform a diligent and reasonable search to determine if other matters exist throughout California.

16. Whether the class notice will be served by first-class mail, e-mail, publication, or other method, including an explanation why the chosen method is the best means available to reach the greatest number of class members.

17. Proof of Service of the Notice of Settlement to the LWDA and the initial LWDA letter must both be attached to a declaration or the motion.

20. If a claim form is being used, a copy of the proposed claim form, and a discussion of procedures for sending, receiving, and processing claims.

21. A proposed order granting preliminary approval of the class settlement which includes: b. Findings that the settlement is fair, adequate, and reasonable, and in the best interests of the absent class members.

21. A proposed order granting preliminary approval of the class settlement which includes: c. Finding the Class is provisionally certified (if not previously certified).

21. A proposed order granting preliminary approval of the class settlement which includes: f. That the court retain jurisdiction pursuant to CCP 664.6 to enforce the settlement.

21. A proposed order granting preliminary approval of the class settlement which includes:

18. Whether the class notice adequately informs the class about the claims, the terms of the settlement, the release of claims, their anticipated distribution, the amount of fees and expenses being requested by class counsel, the amount of any incentive award to the class representatives, the opportunity to object and the requirements for objections, the date and place of the final approval hearing, and any opportunity to opt-out of the settlement and the procedure for requesting exclusion.

21. A proposed order granting preliminary approval of the class settlement which includes: g. A briefing schedule and hearing date for final approval of settlement, including a filing of supplemental declarations by counsel and third-party administrators verifying proper service of class notice, and receipt of filing of written objections, and setting a schedule for any written response to objections, and submission for declarations and briefs in support of the requested fee award.

21. A proposed order granting preliminary approval of the class settlement which includes: e. The procedures and schedule for any objections, requests for exclusion, or claims submission by class members.

21. A proposed order granting preliminary approval of the class settlement which includes: a. A copy of the Settlement Agreement, Class Notice, and Claim Form (if being used) attached as exhibits and incorporated by reference.

4. Joint Exhibit List Provide the clerk with a valid email address; the clerk will then email parties an excel sheet to be completed by Counsel listing the joint exhibits. The list is to be emailed back to the clerk by day one of trial.