_______________________________________________________________________________

DECLARATION OF CAROLYN H. COTTRELL IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONDITIONAL

CERTIFICATION AND TO FACILITATE NOTICE UNDER 29 U.S.C. § 216 (b)

Soto, et al. v. O.C. Communications, Inc., Case No. Case No.: 3:17-cv-00251-VC

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Carolyn Hunt Cottrell (SBN 166977)

David C. Leimbach (SBN 265409)

SCHNEIDER WALLACE

COTTRELL KONECKY 

WOTKYNS LLP

2000 Powell Street, Suite 1400

Emeryville, California 94608

Telephone: (415) 421-7100

Facsimile: (415) 421-7105

ccottrell@schneiderwallace.com

dleimbach@schneiderwallace.com

Attorneys for Plaintiffs, the Collective and 

Putative Class

Additional Counsel on the following page

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DESIDERO SOTO and STEVEN 

STRICKLEN, on behalf of themselves and all 

others similarly situated,

Plaintiffs,

vs.

O.C. COMMUNICATIONS, INC.;

Defendant.

Case No.: 3:17-cv-00251-VC

Hon. Vince Chhabria

DECLARATION OF CAROLYN H. 

COTTRELL IN SUPPORT OF 

PLAINTIFFS’ MOTION FOR 

CONDITIONAL CERTIFICATION AND 

TO FACILITATE NOTICE UNDER 29 

U.S.C. § 216 (b)

Date: August 31, 2017

Time: 10:00 a.m.

Ctrm.: 4

Filed: January 18, 2017

Judge: Vince Chhabria
_______________________________________________________________________________

DECLARATION OF CAROLYN H. COTTRELL IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONDITIONAL

CERTIFICATION AND TO FACILITATE NOTICE UNDER 29 U.S.C. § 216 (b)

Soto, et al. v. O.C. Communications, Inc., Case No. Case No.: 3:17-cv-00251-VC

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Shanon J. Carson (pro hac vice)

Sarah R. Schalman-Bergen (pro hac vice)

Camille Fundora (pro hac vice)

BERGER & MONTAGUE, P.C.

1622 Locust Street

Philadelphia, Pennsylvania 19103

Tel: (215) 875-3000

Fax: (215) 875-4604

Attorneys for Plaintiffs, the Collective 

and Putative Class
_______________________________________________________________________________

1

DECLARATION OF CAROLYN H. COTTRELL IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONDITIONAL

CERTIFICATION AND TO FACILITATE NOTICE UNDER 29 U.S.C. § 216 (b)

Soto, et al. v. O.C. Communications, Inc., Case No.: 3:17-cv-00251-VC

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECLARATION OF CAROLYN H. COTTRELL

I, Carolyn H. Cottrell, declare:

1. I am an attorney at law duly licensed and in good standing to practice law in the courts of 

California (No. 166977) and am admitted to practice law before this Court, the United States 

District Court Northern District of California. I am a partner at the law firm of Schneider Wallace 

Cottrell Konecky LLP, counsel for Plaintiffs Desidero Soto and Steven Strickland, on behalf of 

themselves and all others similarly situated, (“Plaintiffs”) in this action. 

2. I have personal knowledge of the facts set forth in this Declaration and, if called upon as a 

witness, I could and would testify competently as to these facts. 

3. This Declaration is submitted in support of Plaintiffs’ Motion for Conditional Certification 

and to Facilitate Notice under 29 U.S.C. § 216(b) (“Section 216(b) Motion”), filed in Soto et al. v. 

O.C. Communications, Inc., Case No. 3:17-cv-00251-VC. 

4. On May 18, 2017, Plaintiffs served Requests for Production of Documents on OCC 

(“Plaintiffs’ Document Requests”). Plaintiffs’ Document Request Number 2 requested “[a] list 

identifying all Collective Members from January 18, 2014, to the present. The list should include 

each Collective Member’s name, last-known address, last-known phone number, last-known email 

address, dates of employment, and location at which the employee worked.” 

5. OCC served its responses to Plaintiffs’ Document Requests on July 12, 2017. OCC refused 

to produce this information until a Belaire privacy notice is agreed upon and sent to Collective 

members. Additionally, OCC did not serve Technicians’ hand-written time sheets as Plaintiff had 

requested. OCC has agreed to provide these time sheets on July 18, 2017 – one day after Plaintiffs’ 

Motion for Conditional Certification is due.

/././
_______________________________________________________________________________

2

DECLARATION OF CAROLYN H. COTTRELL IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONDITIONAL

CERTIFICATION AND TO FACILITATE NOTICE UNDER 29 U.S.C. § 216 (b)

Soto, et al. v. O.C. Communications, Inc., Case No.: 3:17-cv-00251-VC

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

EXHIBITS

6. Attached hereto as Exhibit A are relevant excerpts from the transcript of the deposition of 

O.C. Communications, Inc.’s (“OCC”) Fed. R. Civ. P. 30(b)(6) corporate representative, Chief 

Operating Officer, Larry Wray. 

7. Attached hereto as Exhibit B is a true and correct copy of relevant excerpts of Exhibit 6 to 

the deposition of OCC’s Chief Operating Officer, Larry Wray, bates stamped NAVARRO000004, 

provided in support of Plaintiffs’ Section 216(b) Motion. 

8. Attached hereto as Exhibit C is a true and correct copy of relevant excerpts of Exhibit 6 to 

the deposition of OCC’s Chief Operating Officer, Larry Wray, bates stamped NAVARRO000006-

NAVARRO000008, provided in support of Plaintiffs’ Section 216(b) Motion. 

9. Attached hereto as Exhibit D is a true and correct copy of the declaration of named 

Plaintiff Desidero Soto, executed on July 14, 2017, provided in support of Plaintiffs’ Section 

216(b) Motion. 

10. Attached hereto as Exhibit E is a true and correct copy of the declaration of named 

Plaintiff Steven Strickland, executed on July 16, 2017, provided in support of Plaintiffs’ Section 

216(b) Motion.

11. Attached hereto as Exhibit F is a true and correct copy of the declaration of opt-in Plaintiff 

Andre Holmes, executed on July 14, 2017, provided in support of Plaintiffs’ Section 216(b) 

Motion. 

12. Attached hereto as Exhibit G is a true and correct copy of the declaration of opt-in Plaintiff 

Carlos Rios, executed on July 14, 2017, provided in support of Plaintiffs’ Section 216(b) Motion. 

13. Attached hereto as Exhibit H is a true and correct copy of the declaration of opt-in Plaintiff

Trever Tranberg, executed on July 15, 2017, provided in support of Plaintiffs’ Section 216(b) 

Motion. 
_______________________________________________________________________________

3

DECLARATION OF CAROLYN H. COTTRELL IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONDITIONAL

CERTIFICATION AND TO FACILITATE NOTICE UNDER 29 U.S.C. § 216 (b)

Soto, et al. v. O.C. Communications, Inc., Case No.: 3:17-cv-00251-VC

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

14. Attached hereto as Exhibit I is a true and correct copy of the declaration of opt-in Plaintiff 

Jacky Charles, executed on July 14, 2017, provided in support of Plaintiffs’ Section 216(b) 

Motion. 

15. Attached hereto as Exhibit J is a true and correct copy of the declaration of opt-in Plaintiff 

Steeve Fondrose, executed on July 15, 2017, provided in support of Plaintiffs’ Section 216(b) 

Motion. 

16. Attached hereto as Exhibit K is a true and correct copy of the declaration of opt-in Plaintiff 

Mohammed Idress, executed on July 14, 2017, provided in support of Plaintiffs’ Section 216(b) 

Motion. 

17. Attached hereto as Exhibit L is a true and correct copy of the declaration of opt-in Plaintiff 

Mike Pfeffer, executed on July 17, 2017, provided in support of Plaintiffs’ Section 216(b) Motion. 

18. Attached hereto as Exhibit M is a true and correct copy of the declaration of opt-in 

Plaintiff Pedro Vieira, executed on July 14, 2017, provided in support of Plaintiffs’ Section 216(b) 

Motion. 

19. Attached hereto as Exhibit N is a true and correct copy of the text of the Notice of 

Collective Action Lawsuit Plaintiffs are proposing in connection with their Section 216(b) Motion. 

20. Attached hereto as Exhibit O is a true and correct copy of the text of the Opt-In Consent 

Form Plaintiffs are proposing in connection with their Section 216(b) Motion.

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct and is based upon my own personal knowledge. 

Executed in Emeryville, California on July 17, 2017. 

/s/ Carolyn H. Cottrell 

CAROLYN H. COTTRELL