Case 3:13-cv-03826-EMC Document 581 Filed 05/11/16 Page 1 of 4

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Brian S. Kabateck, SBN 152054

(bsk@kbklawyers.com)
Shant A. Karnikian, SBN 285048
(sk@kbklawyers.com)
KABATECK BROWN KELLNER LLP
644 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 217-5000
Mark J. Geragos, SBN 108325
(mark@geragos.com)
Benjamin J. Meiselas, SBN 227412
(ben@geragos.com)
GERAGOS & GERAGOS, APC
644 South Figueroa Street
Los Angeles, California 90017
Telephone: (213) 625-3900

Christopher J. Hamner, SBN 197117

(chamner@hamnerlaw.com)
Amy T. Wootton, SBN 188856
(awootton@hamnerlaw.com)
HAMNER LAW OFFICES, APC
555 W. 5th Street, 31st Floor
Los Angeles, California 90013
Telephone: (213) 533-4160

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Attorneys for Plaintiffs and Objectors Ricardo Del Rio, Jose Valdivia, Jose Pereira,
and the proposed class
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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DOUGLAS OCONNOR, THOMAS

COLOPY, MATTHEW MANAHAN,
and ELIE GURFINKEL, individually
and on behalf of all others similarly
situated,
Plaintiffs

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v.

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UBER TECHNOLOGIES, INC.,

Defendant.

Case No. 3:13-cv-03826 EMC

[Related to 3:15-cv-03667-EMC]

OBJECTION BASED ON NEWLY

UNREDACTED INFORMATION
AND REQUEST TO REMOVE
ATTORNEY SHANNON LISSRIORDAN AS CLASS COUNSEL
Complaint Filed: August 16, 2013

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OBJECTION BASED ON NEWLY UNREDACTED INFORMATION AND REQUEST TO REMOVE ATTORNEY
SHANNON LISS-RIORDAN AS CLASS COUNSEL

Case 3:13-cv-03826-EMC Document 581 Filed 05/11/16 Page 2 of 4

COMES NOW ATTORNEYS MARK GERAGOS, BRIAN KABATECK,

and CHRISTOPHER HAMNER on behalf of Plaintiffs and Objectors to provide the

Court with newly discovered, and severely disturbing, information regarding this

collusive and disastrous settlement, tantamount to a $1 billion wage theft, between

Uber and out-of-state attorney Shannon Liss-Riordan.

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It is apparent that this proposed settlement is designed solely to enrich Ms. LissRiordan and protect Uber at the expense of its drivers.
This proposed settlement, coming on the heels of the rejection of Ms. Liss-

Riordans similar sweetheart deal with Lyft in another case (N.D. Cal. Case No. 3:13-

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cv-04065-VC, Dkt No. 200), has broad implications and may single-handedly ruin the

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economy for California workers.

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It is therefore further requested, that out-of-state attorney Ms. Liss-Riordan be

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removed from her role as class counsel as her actions have severely harmed California

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employee rights.

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OBJECTION BASED ON NEWLY UNREDACTED INFORMATION AND

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REQUEST TO REMOVE ATTORNEY SHANNON LISS-RIORDAN AS

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CLASS COUNSEL

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Plaintiffs and Objectors RICARDO DEL RIO, JOSE VALDIVIA, JOSE

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PEREIRA (collectively Del Rio Plaintiffs) hereby submit this objection

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supplementing previous filings (Dkt. Nos. 563-564) based upon newly revealed

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information.

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Following the Courts May 6, 2016 Order denying the OConnor Plaintiffs

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request to seal certain documents in support of their Motion For Preliminary Approval

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(Dkt. No. 572), attorney Shannon Liss-Riordan filed unredacted versions of her

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declaration and the proposed Class Action Settlement Agreement and Release.

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OBJECTION BASED ON NEWLY UNREDACTED INFORMATION AND REQUEST TO REMOVE ATTORNEY
SHANNON LISS-RIORDAN AS CLASS COUNSEL

Case 3:13-cv-03826-EMC Document 581 Filed 05/11/16 Page 3 of 4

These documents reveal that by Liss-Riordans own admission, the total

potential damages in the case are $852 million. (Dkt. No. 575.) The monetary

component of the proposed settlement represents merely 12% of Liss-Riordans

estimate of damages. These estimates are limited to claims for Ubers failure to

reimburse its drivers expenses and violations of California Labor Code 351

regarding tips/gratuities. The already whopping numbers do not even take into account

additional viable claims for violations wage and employment laws. Even by Ubers

more conservative estimate of approximately $429 million, this settlement short-

changes the class. It is deeply concerning that the Ms. Liss-Riordan and Ubers

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attorneys would seek to keep information about their own accounting secret.

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It should also be noted that attorney Shannon Liss-Riordan entered into a

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similar sweetheart deal with Lyft, another ride-sharing company accused of similar

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violations, which was rejected by a Federal Court in the strongest of terms. Much like

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the settlement proposed here, the Court in Cotter, et al. v. Lyft, Inc., et al found that

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using the approach devised by plaintiffs counsel themselves, they shortchanged

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the drivers at least by half because a proper estimate of the maximum

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reimbursement claim is at least twice the amount plaintiffs counsel based the

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settlement on. (N.D. Cal. Case No. 3:13-cv-04065-VC, Dkt No. 200 at p. 14.)

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It is shocking for an out-of-state attorney to so blatantly sell out the California

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class of drivers, consciously ignoring the California Labor Commissions ruling that

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an Uber driver is an employee and not an independent contractor.

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OBJECTION BASED ON NEWLY UNREDACTED INFORMATION AND REQUEST TO REMOVE ATTORNEY
SHANNON LISS-RIORDAN AS CLASS COUNSEL

Case 3:13-cv-03826-EMC Document 581 Filed 05/11/16 Page 4 of 4

Accordingly, the Del Rio Plaintiffs hereby reiterate their objection and

announce their intention to request removal of Shannon Liss-Riordan as class counsel

and petition for the appropriate leadership team to represent the class of workers. The

class of Uber drivers, consisting of hundreds of thousands of hard working men and

woman, deserve representation by lawyers willing to fight for them and take this case

to trial to uphold the basic principles of employee rights.

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Respectfully submitted,

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Dated: May 11, 2016

KABATECK BROWN KELLNER LLP

By:

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/s/ Brian S. Kabateck

Brian S. Kabateck
Shant A. Karnikian

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Dated: May 11, 2016

GERAGOS & GERAGOS, APC

By:

/s/ Mark J. Geragos

Mark J. Geragos
Benjamin J. Meiselas

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Attorneys for Plaintiffs and Objectors

Ricardo Del Rio, Jose Valdivia, Jose
Pereira, and the proposed class

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OBJECTION BASED ON NEWLY UNREDACTED INFORMATION AND REQUEST TO REMOVE ATTORNEY

SHANNON LISS-RIORDAN AS CLASS COUNSEL