DECLARATION OF THOMAS IGLESIAS

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CLARKSON LAW FIRM, P.C.

Ryan J. Clarkson (SBN 257074)

rclarkson@clarksonlawfirm.com

Shireen M. Clarkson (SBN 237882)

sclarkson@clarksonlawfirm.com

Bahar Sodaify (SBN 289730)

bsodaify@clarksonlawfirm.com

9255 Sunset Blvd., Ste. 804

Los Angeles, CA 90069

Tel: (213) 788-4050

Fax: (213) 788-4070

Attorneys for Plaintiff Thomas Iglesias

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

THOMAS IGLESIAS, individually and on 

behalf of all others similarly situated,

Plaintiff,

vs.

FERRARA CANDY CO., and DOES 1 

through 10, inclusive,

Defendants.

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Case No. 3:17-cv-00849-VC

[CLASS ACTION]

DECLARATION OF THOMAS 

IGLESIAS

Hon. Vince Chhabria

Action Filed: February 21, 2017

Hearing Date: October 25, 2018

Hearing Time: 10:00 AM

Hearing Location: Courtroom 4

Case 3:17-cv-00849-VC Document 83-11 Filed 09/06/18 Page 1 of 6
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DECLARATION OF THOMAS IGLESIAS

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DECLARATION OF THOMAS IGLESIAS

I, Thomas Iglesias, declare as follows:

1. I am a resident of San Francisco, California where I live with my wife and two of

my children (my 21-year-old son) no longer lives in the family home. I am employed by the San 

Francisco Parks & Rec Department where I’ve worked for the past 20 years. Prior to that, I served 

for four years in the United States Marine Corps. I graduated from Riordan High School in San 

Francisco, California, and then attended San Francisco State for two years before entering the 

military.

2. I am the named plaintiff in the lawsuit entitled Iglesias v. Ferrara Candy Co., et al,

Case No. 3:17-cv-00849-VC, currently pending in the United States District Court for the Northern 

District of California. I make this declaration in support of Plaintiff’s motion for attorneys’ fees, 

expenses, and service award. The statements made in this declaration are based on my personal 

knowledge and, where specifically indicated, the investigation of my attorneys, and, if called as a 

witness, I could and would testify thereto.

3. In 2016, I purchased an opaque, theater box of Jujyfruits at a movie theater on 

Van Ness Street in San Francisco, California. In making the purchase, I relied upon among other 

things the size of the box. When I opened the box, it was only about half full. I felt deceived.

4. Shortly thereafter, I contacted Clarkson Law Firm about a possible false 

advertising case against Ferrara Candy Co. (“Ferrara”). I assisted with my lawyers’ investigation 

by describing the events surrounding my purchase of the product.

5. In February 2017, my attorneys filed this lawsuit on my behalf. I sought to 

represent all purchasers of theater box candy products manufactured by Ferrara for violations of 

California’s consumer protections laws and packaging laws. I reviewed the draft lawsuit with my 

lawyers and provided feedback before it was finalized and I approved it for filing.

6. In May 2017, my attorneys amended the lawsuit to address what Ferrara’s 

attorneys characterized as pleading defects. I reviewed the draft amended lawsuit with my 

lawyers and provided feedback regarding the proposed changes before it was filed.

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7. In June 2017, my attorneys informed me that Ferrara filed a motion to dismiss the 

amended lawsuit based on alleged pleading defects and that my attorneys would be opposing the 

motion. 

8. In July 2017, my attorneys informed me that the court had denied Ferrara’s 

motion to dismiss the first amended complaint. 

9. In August 2017, I spoke with my attorneys regarding possibly resolving the 

lawsuit and was thereafter advised that the court had set mediation for October 10, 2017.

10. In September 2017, my attorneys updated me regarding the status of the case, 

including, issues with Ferrara’s discovery production and my attorneys’ meet and confer efforts. 

My attorneys also provided me with a draft of the mediation brief. I reviewed the brief with my 

attorneys and provided feedback before it was submitted. 

11. In October 2017, my attorneys contacted me regarding requests for documents and 

a deposition notice for my deposition served by Ferrara. I reviewed the document requests with 

my lawyers and searched for the requested documents. I did not locate any of the requested 

documents and advised my attorneys accordingly. I also informed my attorneys that I was 

unavailable on the noticed deposition date and requested it to be rescheduled, which they were 

able to do. 

12. Also, in October 2017, my attorneys contacted me regarding the upcoming 

mediation and I advised them of my goals and ideas for potential resolution. My attorneys 

updated me during the mediation regarding Ferrara’s position.

13. My attorneys and Ferrara amended the briefing schedule for class certification to 

ensure that my attorneys had sufficient time to prepare a robust class certification motion. My 

attorneys informed me about retaining experts in packaging engineering, survey design and 

damages, and marketing to prepare reports in support of the class certification motion. 

14. In early November 2017, I reviewed the finalized response to Ferrara’s request for 

production of documents which I had previously discussed with my attorneys and verified for 

filing.

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15. In November 2017, my attorneys updated me regarding the status of ongoing 

discovery issues with Ferrara. My attorneys provided me with a draft version of Plaintiff’s joint 

letter regarding discovery disputes which I reviewed before it was filed. 

16. On November 12, 2017, my attorneys met with me for approximately three hours 

to prepare me for my deposition and discuss potential resolution of the case. 

17. On November 13, 2017, I attended my deposition with my attorneys. 

18. In late November 2017, my attorneys updated me regarding the status of the case, 

including noticing the depositions of Ferrara’s employees, and informing me that the court 

granted the motion to compel Ferrara’s documents.

19. In December 2017, my attorneys sent me a copy of my deposition transcript which 

I reviewed and discussed with my attorneys. 

20. Also, in December 2017, my attorneys and I determined that postponing the class 

certification briefing schedule was necessary to allow for the Ferrara depositions to occur before 

Plaintiff’s class certification motion was filed and to allow for continued settlement discussions.

21. In January 2018, my attorneys provided me with a status update regarding 

information obtained during the depositions of Ferrara’s persons most knowledgeable, the 

preparation of the class certification motion, and ongoing efforts to resolve the case by 

scheduling a mediation for February 2018.

22. In late January 2018, my attorneys provided me a draft of the meditation brief 

which I discussed with my attorneys and provided input before submission. 

23. In February 2018, my attorneys attended mediation and informed me of Ferrara’s 

terms to resolve the case which my attorneys and I believed was not in the best interest of the 

class. My attorneys continued mediation privileged communications with Ferrara throughout the 

month with the assistance of mediator Judge Cahill which my attorneys frequently kept me 

apprised of. 

24. In late February 2018, my attorneys provided a status update regarding noticing 

depositions of Ferrara’s employees and the status of the motion for class certification. 

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25. In March 2018, my attorneys provided me with a draft of the class certification 

motion which I reviewed and discussed with my attorneys. My attorneys also helped prepare my 

declaration in support of class certification which I reviewed and discussed with my attorneys 

before signing.

26. During the month of March, my attorneys kept me updated regularly regarding the 

status of settlement and the potential terms of settlement. I eventually agreed to final terms of the 

settlement with Ferrara based on input from my attorneys. I reviewed the proposed term sheet 

which included refunds for all purchasers of the products and changes to Ferrara’s manufacturing 

process for the benefit of the class. 

27. In April 2018, my attorneys informed me of a motion to intervene by some 

attorneys based out of Missouri. My attorneys provided me a draft of the opposition which I 

reviewed before it was filed.

28. In May 2018, I reviewed and signed the final settlement agreement. My attorneys

also provided me with a draft of the motion for preliminary approval of the class action 

settlement which I reviewed before it was filed.

29. In June 2018, my attorneys informed me that the court had preliminarily approved 

the class action settlement and they advised me about next steps. 

30. In July-August 2018, my attorneys kept me updated regarding the number of 

claims submitted based on their communications with the notice and plan administrator.

31. In late August 2018, my attorneys provided me with a draft of the motion for 

attorneys’ fees, expenses, and service award and helped prepare my declaration in support of the 

motion. I reviewed the motion and the declaration and discussed with my attorneys before 

signing it. 

32. During the course of this case, I kept in regular contact with my lawyers. I 

conferred with them regularly in person, by phone, and via e-mail to discuss the status of the 

case. We also discussed case strategy, discovery, motions, and settlement. I would also share 

ideas and additional facts with my attorneys for their consideration. 

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33. Based on my interactions with my attorneys, I believe they have fairly and 

adequateJy represented my interests, the interests of the class of other purchasers of the products, 

and the general public. 

34. Throughout this litigation, I understood that, as a class representative, I have an 

obligation to protect the interests of other class members and not act just for my own personal 

bcncfiL l do not believe that I have had any conflicts with other class members. I have done my 

best to protect the interests of the class throughout this case and will continue to fairly and 

adequately represent the class to the best of my ability, as needed. 

35. During the past nearly two years, I estimate that l spent approximately 45-50 

hours working with my lawyers on this case as described above. 

36. These statements are of my own personal knowledge, and l make them under 

penalty of perjury under the laws of California and the United States of America. Executed on 

this 6th day of September, 2018 at San Francisco, CaJifomia. 

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DECLARATION OF THOMAS lGLESIAS 

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