Case 1:17-cv-01701-AT Document 63-3 Filed 12/20/19 Page 1 of 6 Case 1:17-cv-01701-AT Document 63-3 Filed 12/20/19 Page 2 of 6 Case 1:17-cv-01701-AT Document 63-3 Filed 12/20/19 Page 3 of 6 Case 1:17-cv-01701-AT Document 63-3 Filed 12/20/19 Page 4 of 6 Case 1:17-cv-01701-AT Document 63-3 Filed 12/20/19 Page 5 of 6 Case 1:17-cv-01701-AT Document 63-3 Filed 12/20/19 Page 6 of 6 Case 1:17-cv-01701-AT Document 63-4 Filed 12/20/19 Page 1 of 177 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SUNIL AMIN and TRUSHAR Case No. 1:17-cv-01701-AT PATEL, on behalf of themselves and all others similarly situated, The Honorable Amy Totenberg Plaintiffs, v. MERCEDES-BENZ USA, LLC, and DAIMLER AG, Defendants. DECLARATION OF JONATHAN D. SELBIN IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND DIRECTION OF CLASS NOTICE 1865900.3 Case 1:17-cv-01701-AT Document 63-4 Filed 12/20/19 Page 2 of 177 I, Jonathan D. Selbin, declare as follows: 1. I am a partner in the law firm Lieff, Cabraser, Heimann & Bernstein, LLP (“LCHB”), and counsel for the proposed class in this action and the two related federal court actions—the Bhatt Action and the Biase Action. I am admitted to this Court pro hac vice and am a member in good standing of the bars of the States of California and New York, and the bar of the District of Columbia. I respectfully submit this declaration in support of the Plaintiffs’ Motion for Preliminary Approval of Class Settlement and Direction of Class Notice (“Motion”), in order to detail for the Court a)the depth of experience, skill, and resources that LCHB has brought and will continue to bring to bear on behalf of the proposed class in this action; and b) the discovery, mediation, and other work completed by all counsel in this case that enabled the parties to reach the proposed settlement agreement attached to Plaintiffs’ Motion as Exhibit A (“Settlement Agreement”). Except as otherwise noted, I have personal knowledge of the facts set forth in this declaration, and could testify competently to them if called upon to do so. 2. I graduated magna cum laude from Harvard Law School in 1993 and clerked for The Honorable Marilyn Hall Patel of the U.S. District Court for the Northern District of California between 1993 and 1995. I have worked at LCHB since 1995, starting as an associate and advancing through to partnership. I 1865900.3 Case 1:17-cv-01701-AT Document 63-4 Filed 12/20/19 Page 3 of 177 currently serve on the firm’s Executive Committee and am Chair of the firm’s economic injury product defect group. As set forth below, I have extensive experience litigating class actions and multi-district litigations (MDLs), especially consumer and product defect class actions. LCHB’s and My Background and Experience 3. LCHB is a national law firm with offices in San Francisco, New York, and Nashville. LCHB’s practice focuses on complex and class action litigation involving product liability, consumer, employment, financial, securities, antitrust, environmental, and personal injury matters. Attached as an appendix to this declaration is a true and correct copy of LCHB’s current firm resume, showing some of the firm’s experience in complex and class action litigation. This resume is not a complete listing of all cases in which LCHB has been class counsel or counsel of record. 4. LCHB is one of the oldest, largest, most respected, and most successful law firms in the country that represents plaintiffs in class actions. The firm brings to the table a wealth of class action experience. LCHB has been recognized repeatedly as one of the top plaintiffs’ law firms in the country. The National Law Journal has recognized Lieff Cabraser as one of the nation’s top plaintiffs’ law firms for fourteen years, and we are a member of its Plaintiffs’ Hot List Hall of Fame, “representing the best qualities of the plaintiffs’ bar and - 2 - 1865900.3 Case 1:17-cv-01701-AT Document 63-4 Filed 12/20/19 Page 4 of 177 demonstrating unusual dedication and creativity.” The National Law Journal separately recognized Lieff Cabraser as one of the “50 Leading Plaintiffs Firms in America.” In September of 2019, Law360 once again named Lieff Cabraser a “California Powerhouse” for litigation after naming our firm its “Class Action Firm of the Year” in January 2019. In July of 2019, Public Justice awarded Lieff Cabraser its “Trial Lawyer of the Year” award. In March 2019, Benchmark Litigation selected Lieff Cabraser as its “California Plaintiff Firm of the Year” and we were 2018 finalists for Benchmark’s “Plaintiff Law Firm of the Year.” Lieff Cabraser has 21 lawyers named to the “Best Lawyers in America” 2020 listing, and The National Law Journal awarded our firm its 2019 “Elite Trial Lawyer” awards in the fields of Consumer Protection and Cybersecurity/Data Breach. We had 38 firm lawyers named to the 2019 Super Lawyers “Super Lawyer” and “Rising Star” lists, and were named the Daily Journal’s “California Lawyers of the Year 2018” as well as having eight lawyers named to Benchmark’s “40 and Under Hot List 2018.” 5. LCHB has extensive experience in the litigation, trial, and settlement of class actions in complex economic injury, product defect, and consumer fraud cases. In particular, LCHB has a decades-long history of serving as court- appointed lead class counsel in large vehicle-related class and complex MDL and other actions. A few recent examples include In re Navistar MaxxForce Engines - 3 - 1865900.3 Case 1:17-cv-01701-AT Document 63-4 Filed 12/20/19 Page 5 of 177 Marketing, Sales Practices and Products Liability Litigation, MDL. No. 2590 (N.D. Ill.) (secured preliminary approval of $135 million cash settlement for defective truck engines), where LCHB (and I) served as one of three court- appointed lead counsel; In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672 (N.D. Cal.) (secured approval of cash settlements totaling $14.7 billion), where LCHB served as sole court-appointed lead counsel; In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, No. 10-ML-02151 (C.D. Cal.) (MDL resolved over 500 personal injury cases and separately won approval of a settlement that has thus far paid about $1.6 billion for claims that the defect hurt the vehicles’ value for a 22-million-customer class), where LCHB served as one of five court-appointed lead counsel; and In re General Motors LLC Ignition Switch Litigation, MDL No. 2543 (S.D.N.Y.), where LCHB currently serves as one of three court-appointed co-lead counsel. Other examples of such vehicle-related cases in which LCHB served as one of the court-appointed lead counsel include In re Bridgestone/Firestone Tires Prods. Liab. Litig., MDL No. 1373 (S.D. Ind.) and Hanlon v. Chrysler Corp., 150 F.3d 1011 (9th Cir. 1998). 6. I have been appointed to leadership positions in a number of MDLs and in other class cases on contested Rule 23(g) motions: - 4 - 1865900.3 Case 1:17-cv-01701-AT Document 63-4 Filed 12/20/19 Page 6 of 177 a. I currently serve as one of three court-appointed co-lead counsel in In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liability Litigation, MDL. No. 2590 (N.D. Ill.), following a contested Rule 23(g) motion. In June 2019, Judge Gottschall granted preliminary approval to a $135 million settlement of a class action involving some 60,000 trucks. b. I served as sole lead counsel for four consolidated actions in Smith v. State Farm Mut. Auto. Ins. Co., No. 1:13-cv-02018 (N.D. Ill.). On December 8, 2016, the court approved a $7 million settlement. When Judge St. Eve appointed me as lead counsel after a contested Rule 23(g) motion, she noted that “Lieff Cabraser is a well-respected plaintiffs’ firm with a wealth of experience prosecuting nationwide class actions” and that “Mr. Selbin, in particular, has played an active role in litigating nearly a dozen TCPA class actions and numerous other consumer class actions.” A copy of Judge St. Eve’s Rule 23(g) order is attached as Exhibit B to this declaration. c. I served as one of lead class counsel in In re Sears Roebuck and Co. Front-Loading Washer Products Liability Litigation (CCU Claims), No. 06- cv-7023 (N.D. Ill.), and also served as appellate counsel. In November 2012, we obtained reversal of the district court’s denial of certification of one class and affirmance of certification of another class in Butler v. Sears, Roebuck and Co., 2012 U.S. App. LEXIS 23284 (7th Cir. Nov. 13, 2012), reh’g en banc denied, - 5 - 1865900.3 Case 1:17-cv-01701-AT Document 63-4 Filed 12/20/19 Page 7 of 177 2012 U.S. App. LEXIS 26202 (Dec. 19, 2012), vacated, 133 S. Ct. 2768 (2013), reinstated, 2013 U.S. App. LEXIS 17748 (7th Cir. Aug. 22, 2013), cert. denied, 2014 U.S. LEXIS 1507 (U.S. Feb. 24, 2014). The Court granted final approval in 2016 to a nationwide settlement involving front-load washers alleged to incorporate a defective central control unit.