UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

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Darlene Wilkerson
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1 Case 2:14-cv GHK-FFM Document 62-2 Filed 08/19/15 Page 1 of 17 Page ID #: James T. Ryan, Esq. (SBN ) JAMES T. RYAN, PC 1110 Glenville Drive #307 Los Angeles, California Phone: (310) jr@jamestryan.com Kenneth A. Goldman, Esq. (SBN ) LAW OFFICE OF KENNETH A. GOLDMAN, PC Ventura Boulevard, Suite 207 Sherman Oaks, California Phone: (818) Facsimile: (818) ken@kengoldmanlaw.com For Plaintiff Alana Schwartz and other persons similarly situated UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ALANA SCHWARTZ, individually and on behalf of other persons similarly situated, vs. Plaintiff, DESTINATION MATERNITY CORPORATION and DOES 1-20, Defendants. Case No.: 14-CV GHK-FFM DECLARATION OF KENNETH A. GOLDMAN IN SUPPORT OF PLAINTIFF S MOTION FOR ATTORNEYS FEES, LITIGATION COSTS, AND INCENTIVE AWARD Date: December 7, 2015 Time: 9:30 a.m. Courtroom: 650 Before the Honorable George H. King GOLDMAN DECLARATION

2 Case 2:14-cv GHK-FFM Document 62-2 Filed 08/19/15 Page 2 of 17 Page ID #: DECLARATION OF KENNETH A. GOLDMAN I, Kenneth A. Goldman, declare as follows: 1. I am an attorney licensed to practice law in the State of California and before this Honorable Court. I am counsel of record for Plaintiff Alana Schwartz ( Plaintiff ) in this case. The matters stated herein are based on my personal knowledge and, if called upon to testify as a witness, I could and would competently testify to the accuracy and truth of such matters. 2. I submit this declaration in support of Plaintiff s Motion for Attorneys Fees, Litigation Costs, and Incentive Award. 3. I am a 2007 graduate of Loyola Law School, Los Angeles and I am licensed to practice before all courts within California, including all federal district courts and the Ninth Circuit Court of Appeal. Since graduation from Loyola Law School and admission to the bar in 2007, I have worked on litigation matters of various size and complexity. While employed as an associate at the law firm of Carpenter & Zuckerman, I worked on behalf of plaintiffs on several matters involving a myriad of complicated causation and liability issues, which ultimately resulted in multi-million dollar judgments and settlements. Thereafter, as an associate at Musick Peeler & Garrett, I worked on a number of complex litigation matters ranging from toxic tort, to construction defect, to large-scale insurance coverage matters. In 2010, I began my own practice, where I have concentrated primarily on employment and consumer privacy class action matters. 4. Currently, I am counsel of record in fourteen class action lawsuits throughout California, in both State and Federal Courts, as well as a wage and hour class arbitration. I have been intimately involved in the drafting of class action complaints, class discovery, class mediations, certification motions, and class settlement documents. I have been approved by various courts across California as class counsel in eight class actions. 5. My co-counsel and I have significant combined experience in class 1 GOLDMAN DECLARATION

3 Case 2:14-cv GHK-FFM Document 62-2 Filed 08/19/15 Page 3 of 17 Page ID #: action and civil litigation, and this experience and expertise helped inform the settlement negotiations in this case. I believe it was the skill and reputation of Class Counsel that facilitated an early settlement dialogue with counsel for Defendant. This dialogue served as the catalyst for the multiple settlement discussions that resulted in the Settlement Agreement. 6. Attached as Exhibit 1 is a true and correct copy of my billing entries in this case as well as the actual out-of-pocket costs incurred and anticipated. 7. I anticipate that I will incur additional attorneys fees in this matter by fielding calls from Class Members, responding to Class Member objections (if any); continuing to supervise the notice process; and preparing for and attending the Fairness Hearing on December 7, My current hourly fee is $ per hour. The total hours expended by me in this case, as detailed in Exhibit 1, equals hours of attorney time, which equals $88, Based on my experience and practice, I believe my hourly rate is consistent with the rates charged in the Los Angeles legal community for attorneys of similar caliber and experience. 10. To date, I incurred $6, in expenses in this case as reflected in Exhibit 1 hereto. The expenses that I incurred pertaining to this case are recorded in the books and records of my firm. The expense summary was prepared based on expense vouchers, check records, and other documents and are an accurate record of the out-of-pocket expenses. I anticipate that I will incur an additional $26.98 in parking and mileage related expenses for the hearing on this motion and the motion for final approval of the settlement. 11. I believe the expenses incurred, and that will be incurred, were, and are, reasonable and necessary given the complex nature and scope of the case. 12. Plaintiff requests $5, as an incentive award. Such and award is justified by the time and effort Plaintiff dedicated to this case, the reputational risks 2 GOLDMAN DECLARATION

4 Case 2:14-cv GHK-FFM Document 62-2 Filed 08/19/15 Page 4 of 17 Page ID #: faced in associating her name with a class action lawsuit, and in recognition of her willingness to act on behalf of the Class Members. By my estimates based on my personal communications with Ms. Schwartz related to the case, I estimate that Ms. Schwartz spent in excess of 30 hours of her time assisting with the prosecution of the case. 13. At the time of this declaration, I know of no objections to the final approval of the settlement. Should I receive any objections, I will address any such objections on or before November 2, Based on my professional experience, and taking into consideration the risks of continued litigation as compared to the relief granted by the Settlement, I believe that the Settlement is fair, reasonable, and adequate, and in the best interests of the Class. I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed in Los Angeles, on August 19, /s/ Kenneth A. Goldman Kenneth A. Goldman GOLDMAN DECLARATION

5 Case 2:14-cv GHK-FFM Document 62-2 Filed 08/19/15 Page 5 of 17 Page ID #:687 EXHIBIT 1

6 Case 2:14-cv GHK-FFM Document 62-2 Filed 08/19/15 Page 6 of 17 Page ID #:688 LAW OFFICE OF KENNETH A. GOLDMAN, PC VENTURA BOULEVARD, SUITE 207 SHERMAN OAKS, CALIFORNIA TELEPHONE: (818) FACSIMILE: (818) KEN@KENGOLDMANLAW.COM

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Case3:12-cv-00559-RS Document103-7 Filed05/15/14 Page1 of 10

Case3:12-cv-00559-RS Document103-7 Filed05/15/14 Page1 of 10 1 2 3 4 5 6 Leonard B. Simon (State Bar No. 58310) lens@rgrdlaw.com LAW OFFICES OF LEONARD B. SIMON 655 West Broadway, Suite 1900 San Diego,