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

Preliminary Approval of Class Action Settlement

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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

Attorneys for Plaintiff,

MARCUS CHISM

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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 PRELIMINARY 

APPROVAL

Date: April 26, 2018

Time: 10:00am

Courtroom: 4 17th Floor

Judge: Hon. Vince Chhabria

DocuSign Envelope ID: D01F61E2-030C-4A93-A556-2A8D1DC004C0 Case 3:17-cv-00152-VC Document 88-7 Filed 04/12/18 Page 1 of 2
Chism v. FritoLay Inc. Declaration of Marcus Chism ISO Motion for 

Preliminary 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.

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 ____________, 

2018 at Ontario, California.

___________________________________

MARCUS CHISM

Declarant

DocuSign Envelope ID: D01F61E2-030C-4A93-A556-2A8D1DC004C0

4/12/2018

Case 3:17-cv-00152-VC Document 88-7 Filed 04/12/18 Page 2 of 2