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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

TENOLA OLIVER, on behalf of herself and 

all others similarly situated, 

Plaintiff, 

vs. 

RELX INC. d/b/a LEXIS NEXIS, 

 Defendant.

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CASE NO. 3:18-cv-00127 

JUDGE THOMAS M. ROSE 

DECLARATION OF CHASTITY L. 

CHRISTY 

I, Chastity L. Christy, pursuant to 28 U.S.C. § 1746, hereby declare, under penalty of 

perjury, that the following is true and correct to the best of my personal knowledge, information, 

and belief: 

1. I am one of the attorneys who represented Tenola Oliver and the Opt-In Party 

Plaintiffs (collectively “Plaintiffs”) with respect to the settlement in the above-captioned matter. 

Professional Experience 

2. Since September 8, 2015, I have been employed as an attorney with The Lazzaro 

Law Firm, LLC. 

3. The firm was founded in 2006 to advocate for the employment, overtime and 

minimum wage rights of employees. The firm’s primary focus is litigating collective actions, class 

actions and individual cases for employees with overtime and minimum wage claims. 

4. The firm commonly handles claims that include misclassifying employees as 

exempt or as independent contractors; failing to pay for off-the-clock-work, pre-shift and postCase: 3:18-cv-00127-TMR Doc #: 38-2 Filed: 05/29/20 Page: 1 of 8 PAGEID #: 294
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shift work, changing into and out of uniforms, meal periods, short rest periods and travel time; 

improper rounding of start and stop times; and improper tip pooling.

5. Since the firm was founded, the firm has recovered over $45 million in settlement 

payments on behalf of employees.

6. The firm has litigated over 100 certified collective and class actions against small 

and large employers, including 1-800-Flowers, Inc., Aarons, Inc., Aldi, Inc., Allied-Horizontal 

Wireline Services, City of Cleveland, Forever 21, Nestlé, Papa John’s USA, Inc., Progressive 

Casualty Insurance, RadioShack Corp, and Utz Qualify Foods.

7. Finally, since the firm was founded, the firm has filed approximately 20% of the 

privately filed FLSA cases brought in the U.S. District Court for the Northern District of Ohio.

8. From July 31, 2008 through August 14, 2015, I was employed as an attorney with 

Caryn Groedel & Associates, Co., LPA, representing employees in employment-related matters, 

including wage and hour matters. 

9. From March 2004 through July 29, 2008, I was employed as an Associate, and then 

a Partner, at Zipkin Whiting Co., LPA, representing employees in employment-related matters. 

10. I graduated from Case Western Reserve University School of Law in 2003, and 

have been licensed to practice law in the State of Ohio since November 2003. 

11. I am a member in good standing of the bars of the Ohio Supreme Court, the United 

States Court of Appeals for the Sixth Circuit, the United States District Court for the Northern 

District of Ohio, and the United States District Court for the Southern District of Ohio. 

12. Since my admission to the practice of law, I have practiced almost exclusively in 

litigating on behalf of employees in various employment-related matters. 

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13. From March 2004 through the present, I have successfully litigated or assisted in 

litigating hundreds of employment-related matters in federal, state, and appellate courts, as well as 

arbitrations, and have recovered millions of dollars in settlement payments on behalf of employees. 

14. From 2012 to 2018, I was named an Ohio Super Lawyers Rising Star, which is a 

designation awarded to the top 2.5% of all attorneys in the State of Ohio who are 40 years of age 

or under, or who have been practicing law for 10 years or fewer. Since 2019, I have been named 

an Ohio Super Lawyer, a designation awarded to the top 5% of all attorneys in the State of Ohio. 

15. I have been selected to speak at multiple National Business Institute seminars and 

in the CMBA’s 16th Annual Northern Ohio Labor & Employment Law Conference, presenting on 

various topics, including, but not limited to, litigating employment claims from start to finish, 

employment discrimination law, latest developments in employment law, and the Fair Labor 

Standards Act. 

Factual and Procedural Background 

16. The Complaint in the above-captioned lawsuit was filed on behalf of Plaintiff with 

respect to her claims that Defendant violated the overtime provisions of the Fair Labor Standards 

Act (“FLSA”) and the Ohio Minimum Fair Wage Standards Act (“OMFWSA”) by misclassifying 

Plaintiff and other similarly-situated employees as “exempt”, and not paying them overtime 

compensation at the rate of one and one-half times their regular rates of pay for the hours they 

worked over 40 each workweek. (Doc. 1.) 

17. On June 29, 2018, Plaintiff filed her Motion for Conditional Certification, 

Expedited Opt-In Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs. (Doc. 

15.) LexisNexis filed its Opposition Brief on July 30, 2018. (Doc. 19.) Plaintiff filed her Reply 

Brief on August 15, 2018. (Doc. 22.) 

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18. On October 24, 2018, the Court granted Plaintiff’s Motion for Conditional 

Certification and authorized the distribution of notice about this lawsuit, and the opportunity to 

join it, to all current and former Telephonic Account Executives employed by LexisNexis between 

April 18, 2015 and October 14, 2018. (Doc. 23.) 

19. On November 14, 2018, the Parties filed a Joint Notice of Filing Plaintiff’s and 

Defendant’s Proposed Notice to Potential Class Members (Doc. 14), which the Court approved by 

order the following day. (Doc. 15.) 

20. On December 7, 2018, the Notice was mailed and emailed to potential class 

members, and the Notice Period closed on January 21, 2019. 

21. A total of ten (10) individuals, including Plaintiff, filed written consent forms to 

join this lawsuit. In addition to Plaintiff Oliver, the nine Opt-In Plaintiffs are: Hannah Barnhorn, 

David Burton, Jackie Cangelosi, Paul Doll, David Koverman, Susan Lewis, Gary Mumm, Jason 

Ponds, and Elizabeth Wilkes (together with the Named Plaintiff, the “Plaintiffs”). 

22. I have vigorously represented Representative Plaintiff Tenola Oliver and the OptIn Plaintiffs regarding their claims, have conducted a significant investigation of their claims, and 

have obtained a thorough familiarity with the factual and legal issues presented in their case. 

23. The Parties engaged in substantial investigation and informal discovery prior to 

negotiating the Settlement. Prior to filing the Action, Plaintiffs’ Counsel performed a significant 

amount of research and factual investigation of the claims to set forth a factually specific and 

accurate Complaint for the Court and Defendant. 

24. The Parties engaged in a comprehensive exchange of information regarding 

Plaintiffs’ claims and Defendant’s defenses to such claims. This included a complete analysis and 

calculations of Representative Plaintiff’s and Opt-In Party Plaintiffs’ overtime damages. 

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25. The Parties engaged in extensive legal discussion, which included numerous and 

lengthy discussions and written communications between counsel for the Parties. 

26. Between June 2019 and July 2019, the Parties exchanged information and engaged 

in numerous telephone discussions regarding the calculation of damages and potential resolution. 

27. Between July 17, 2019 and December 23, 2019, the Parties engaged in settlement 

negotiations, including the exchange of letters and discussions between Counsel for the Parties 

detailing the Parties’ legal and factual positions. 

28. The Parties agree that bona fide disputes exist between the Parties, including 

whether Plaintiffs were properly compensated under the FLSA and/or OMFWSA and whether 

they are entitled to their claimed overtime compensation under the FLSA and/or OMFWSA. 

29. The Parties also dispute the amount of overtime compensation to which Plaintiffs 

would be entitled if such liability were established. These liability and damages issues have been 

the subject of discovery and factual development, as well as settlement negotiations. Finally, the 

Parties dispute whether Defendant acted in good faith in regard to the manner in which it 

compensated Plaintiffs, which finding would eliminate Plaintiffs’ potential recovery of liquidated 

damages, and whether Defendant willfully violated the FLSA, without which finding any recovery 

would be limited to two rather than three years. 

30. In an effort to reach a compromise and to avoid the expense and burden of litigation, 

the Parties reached an agreement to settle the Action on December 23, 2019 (the terms are 

embodied in the Joint Stipulation of Settlement and Release, attached as Exhibit 1 to the Parties’ 

Joint Motion for Approval of Settlement and Stipulation of Dismissal with Prejudice.) 

31. The Settlement covers Plaintiff and the nine (9) Opt-In Plaintiffs who opted into 

the Action and consented to be bound by any settlement reached by the Parties. 

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32. From my experience litigating this case, I believe that the proposed Settlement is 

in the best interests of Representative Plaintiff and Opt-In Party Plaintiffs. 

33. I also believe that the proposed Settlement is a fair, adequate, and reasonable 

compromise of disputed claims. 

34. The Total Settlement Amount is One Hundred Ten Thousand Nine Hundred Forty 

Dollars and Thirty-Three Cents ($110,940.33). 

35. Based on the records produced by Defendants, Plaintiffs’ Counsel calculated that 

Plaintiffs were owed approximately $58,563.06 in overtime compensation for five (5) hours or 

$47,080.21 for four (4) hours of unpaid work per workweek over the three (3) year period. 

36. Defendant denies that Plaintiffs were owed any compensation or that Plaintiffs were 

misclassified. 

37. The Settlement Agreement provides that Fifty-Seven Thousand Four Hundred 

Nineteen Dollars and Forty-Eight Cents ($57,419.48) will be paid to Representative Plaintiff and 

Opt-In Party Plaintiffs for overtime compensation over the three-year statute of limitations period. 

As such, Plaintiffs as a group will recover approximately 122% of their overtime compensation 

calculated for four (4) overtime hours per week or 98% of their overtime compensation calculated 

for five (5) hours per week during the three-year statute of limitations. This amount will be 

apportioned as set forth below: 

(a) Plaintiffs, including the Representative Plaintiff, will receive a total gross sum 

of Twenty-Eight Thousand Seven Hundred and Nine Dollars and Seventy-Six 

Cents ($28,709.74), less the employee share of applicable withholdings and 

deductions, in consideration for back wages (including overtime compensation) 

allegedly due under the FLSA and applicable state minimum wage and overtime 

laws; and 

(b) Plaintiffs, including the Representative Plaintiff, will receive a total gross sum 

of Twenty-Eight Thousand Seven Hundred and Nine Dollars and Seventy-Two 

Cents ($28,709.74) in consideration for liquidated damages and other non-wage 

recovery under the FLSA and applicable state and minimum wage and overtime 

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laws; 

38. The Individual Payments will be calculated based proportionally on each Plaintiffs’ 

overtime damages as calculated by Plaintiffs’ Counsel using the data produced by Defendant. 

39. As such, this Settlement is fair and reasonable and provides immediate and 

substantial relief without the attendant risks and delay of continued litigation, including the risk of 

decertification, summary judgment, and trial. 

40. The Settlement provides for a separate payment as attorneys’ fees to Plaintiffs’ 

Counsel in the amount of Fifty Thousand Dollars ($50,000.00). This fee award is reasonable in 

light of the benefit achieved for Plaintiffs, and is less than Plaintiffs’ Counsel’s lodestar. 

41. The Lazzaro Law Firm, LLC has incurred, and reasonably will incur attending to 

the finalization of the settlement, the following amount of hours at the corresponding hourly rates 

of pay: Attorney Anthony J. Lazzaro, 34.5 hours, $450.00; Attorney Chastity L. Christy, 75 hours, 

$450.00; and Attorney Lori M. Griffin, 25 hours, $350.00 

42. The Settlement also provides for Plaintiffs’ Counsels’ litigation expenses, which 

are $2,020.85. All of the expenses were incurred during the course of the litigation of this action 

for the purpose of preserving, proving, and presenting the claims of Plaintiffs, including issuance 

and administration of the Notice. 

43. The Settlement also provides for a Representative Payment of Fifteen Hundred 

Dollars ($1,500.00) to Tenola Oliver for her service in this litigation. 

 

 /s/ Chastity L. Christy 

 Chastity L. Christy (0076977) 

The Lazzaro Law Firm, LLC 

The Heritage Building, Suite 250 

34555 Chagrin Boulevard 

Moreland Hills, Ohio 44022 

Phone: 216-696-5000 

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Facsimile: 216-696-7005 

chastity@lazzarolawfirm.com 

Signed in Cuyahoga County, Ohio, 

this 28th day of May 2020. 

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