DocuSign Envelope ID: 5FB6D393-C378-4F18-8182-37501AF47DE8 

Shaun Setareh (SBN 204514) 

shaun@setarehlaw.com

Thomas Segal (SBN 222791) 

thomas@setarehlaw.com

SETAREH LAW GROUP 

9454 Wilshire Boulevard, Ste. 907 

Beverly Hills, California 90212 

Tel: (310) 888-7771 

Fax: (310) 888-0109 

MARCUS CHISM, on behalf of himself, all 

others similarly situated, 

Plaintiffs, 

v. 

PEPSICO, INC., a North Carolina Corporation; 

FRITO-LAY, INC., a Delaware Corporation; 

FIRST ADVANTAGE BACKGROUND 

SERVICES CORP., a Florida Corporation; and 

DOES 1 to 100, Inclusive, 

Defendants. 

Case No. 3:17-cv-00152-VC 

DECLARATION OF MARCUS CHISM 

IN SUPPORT OF MOTION FOR FINAL 

APPROVAL AND ATTORNEY'S FEES, 

REIMBURSEMENT OF COSTS, AND 

ENHANCEMENT FEES 

Date: September 6, 2018 

Time: 10:00am 

Courtroom: 4, 17th Floor 

Judge: Hon. Vince Chhabria 

Attorneys for Plaintiff, 

MARCUS CHISM 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

Chism v.Frito-Lay Inc. Declaration of Marcus Chism ISO Motion for 

Final Approval of Class Action Settlement 

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DECLARATION OF MARCUS CHISM 

I, MARCUS CHISM, declare as follows: 

1. Except as otherwise indicated, I have personal knowledge of all matters set forth 

herein and, if called upon as a witness, could and would competently testify thereto. 

2. I am the named plaintiff and class representative in this action against Defendant 

Frito-Lay, Inc. ("Defendant"). 

3. I understand that, as class representative, I have certain duties and 

responsibilities to the class, and I believe that I have fairly represented the interests of all class 

members during the entire course of this case. 

4. I worked for Defendant in the State of California during the relevant Class 

Period. 

5. After my attorneys provided me with information regarding class actions, how 

they work, and what my duties would be as the class representative, I agreed to serve as the 

class representative in this case so that I could seek to recover penalties on behalf of myself and 

other employees like me. 

6. I have considered the interests of the Settlement Class just as I would consider 

my own interests, have put the interests of the Settlement Class before my own interests by 

retaining experienced counsel and carefully considering the impact that the Settlement in this 

case would have on them, and I understand that the Settlement in this case is subject to this 

Court's approval to ensure that it is in the best interest of the class as a whole. 

7. I have spent a lot of time in connection with this case to date, close to forty five 

(45) hours. Such time prevented me from spending time with my family, working, or engaging 

in other personal pursuits. The activities I have spent this time on include, but are not limited to: 

(i) retaining experienced counsel, (ii) providing them with extensive information about my work 

history with Defendant and Defendant's policies and practices, (iii) assisting my counsel in 

preparing for settlement negotiations, (iv) travelling to and attending the full-day mediation in 

this case, (v) time spent being actively involved in the settlement process to ensure a fair result 

for the Settlement Class as a whole, and (vi) time spent carefully reviewing the Settlement, and 

other case-related documents on my own and with my counsel to make sure that the Settlement 

and other work my attorneys performed are in the best interests of the Settlement Class 

Members. 

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Chism v. FritoLay Inc. Declaration of Marcus Chism ISO Motion for 

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8. I understand that my attorneys are submitting an application to this Court for an 

Incentive Award to compensate me for my unique contributions to the success of this action in 

the amount of $5,000. I believe this amount is fair and reasonable compensation for my efforts 

in this case and the risks I have taken in pursuing a fair recovery for the Settlement Class. The 

payment to me of the enhancement award of $5,000 is also not equal to the harm to my current 

or future career prospects that this case may cause me. There is now a public record -- this 

publicly filed lawsuit -- that I served as a class representative in a class action case against a 

former employer. This may especially hurt my chances of getting a job with prospective 

employers. Before I filed this case, my attorneys also advised me of the possibility that, if the 

case was lost, I could have been ordered to pay Defendant's costs, which easily could have 

totaled tens of thousands of dollars by the end. 

I declare under penalty of perjury under the laws of California and the United States of America 

that the foregoing is true and correct, and that this declaration was executed on July 6, 2018 at 

Ontario, California. 

Declarant 

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c—DocuSigned by: 

`

-

alFacHism

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