UNOPPOSED MTN. TO APPOINT

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Scott F. Kocher, OSB#015088

Stephen J. Voorhees, OSB#150595

FORUM LAW GROUP

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Tel: 503.445.2120

Fax: 503.445.2120

Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

EDELSON PC

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: 415.212.9300

Fax: 415.373.9435

* Admitted pro hac vice

(additional counsel listed on signature page)

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

LORI WAKEFIELD, on behalf of 

themselves and a class of others similarly 

situated,

 Plaintiff,

v.

VISALUS, INC., a Nevada Corporation,

Defendant.

No. 3:15-cv-01857-MS

UNOPPOSED MOTION TO 

APPOINT CO-LEAD CLASS 

COUNSEL

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LR 7.1 CERTIFICATION

The undersigned counsel certify that they have conferred with counsel for Defendant 

ViSalus, Inc. (“Defendant”) and are authorized to state that Defendant does not oppose to the 

relief requested herein. Defendant, however, reserves the right to later challenge the necessity of 

the Plaintiff engaging additional class counsel and the fees incurred associated with that 

engagement as well as the right to challenge counsel's appointment if it later discovers a 

disqualifying conflict of interest.

UNOPPOSED MOTION

Plaintiff Lori Wakefield (“Plaintiff”), without opposition from Defendant, hereby

respectfully moves the Court for an order appointing Simon Franzini, Greg Dovel, and Jonas 

Jacobson of Dovel & Luner LLP law firm (“Dovel & Luner”) as additional co-lead class counsel.

In support of this Unopposed Motion, Plaintiff states as follows:

1. On June 23, 2017, after full briefing on Plaintiff’s Renewed Motion for Class 

Certification (Dkt. 69), the Court granted certification of a “Robocall Class,” appointed Lori 

Wakefield as class representative, and appointed Rafey S. Balabanian and Eve-Lynn Rapp of 

Edelson PC as class counsel (“Class Counsel”). (Dkt. 81.)

2. Since that time, Class Counsel, along with the other attorneys at Edelson PC, have 

diligently litigated Plaintiff and the Class’s claims.

3. On September 6, 2018, the Court set a three-day jury trial for February 20, 2019.

(Dkt. 153.)

4. In preparation for the upcoming trial and in order to better serve Plaintiff and the 

Robocall Class, Class Counsel began working with attorneys at Dovel & Luner who have a wellknown record of winning complex cases at trial. (See generally, Declaration of Jonas Jacobson.) 

Subsequently, Plaintiff retained Dovel and Luner to assist Class Counsel in the pursuit of her

claims. (Id. ¶ 2.)

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5. Since that time, Dovel & Luner has since assisted Class Counsel by engaging in 

an extensive investigation of the claims at issue, expending substantial effort and resources 

reviewing the complaint and discovery file and exchanging additional information with Edelson 

PC in a joint effort to prepare this case for trial. (Id. ¶ 6.) 

6. As a result of this joint effort between Class Counsel and Dovel & Luner and in 

order to best serve Plaintiff and the Robocall Class, Plaintiff now moves for the additional

appointment of Simon Franzini, Greg Dovel, and Jonas Jacobson of Dovel & Luner to serve with 

Edelson PC as co-lead class counsel.

7. Under Rule 23(g), a court's appointment of lead class counsel must consider “(i) 

the work counsel has done in identifying or investigating potential claims in the action; (ii) 

counsel's experience in handling class actions, other complex litigation, and the types of claims 

asserted in the action; (iii) counsel’s knowledge of the applicable law; and (iv) the resources that 

counsel will commit to representing the class . . . ” Fed. R. Civ. P. 23(g)(1)(A). Additionally, a 

court “may consider any other matter pertinent to counsel’s ability to fairly and adequately 

represent the interests of the class....” Fed. R. Civ. P. 23(g)(1)(B). Similarly, Rule 23(a) requires 

the Court to assess whether “the representative parties will fairly and adequately protect the 

interests of the class.” Fed. R. Civ. P. 23(a)(4); see also Magallon v. Robert Half Int’l, Inc., 311 

F.R.D. 625, 638 (D. Or. 2015) (explaining that Rule 23(a)(4)’s adequacy requirement mandates 

“(1) that the proposed representative [p]laintiffs do not have conflicts of interest with the 

proposed class, and (2) that [p]laintiffs are represented by qualified and competent counsel.”) 

(quoting Giles v. St. Charles Health Sys., Inc., 294 F.R.D. 585, 592 (D. Or. 2013)). 

8. As set forth below, counsel from Dovel & Luner satisfy each of these criteria and 

are committed to fairly and adequately protecting the interests of Plaintiff and the Robocall Class 

at trial. (Jacobson Decl. ¶ 7.) 

9. Greg Dovel, Jonas Jacobson, and Simon Franzini all have extensive experience in 

preparing and trying complex litigation in federal court. (Id. ¶ 3.) For example, in 2014, Mr. 

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Dovel and Mr. Franzini jointly represented SimpleAir in a complex patent infringement case 

against Google, Inc. that went to trial in federal court in the Eastern District of Texas. The jury 

returned a verdict of infringement and validity on the asserted claims and hung on damages. In 

the retrial on damages, the jury returned a verdict of $85 million. Last year, Mr. Dovel and Mr. 

Jacobson together represented Network-1 in an inequitable conduct trial against HP involving an 

important patent. The matter went to a bench trial in federal court, and the court found in favor of 

Network-1 on all counts. Some other examples of complex trial victories in matters where Mr. 

Dovel was lead trial counsel include:

• Represented Computer Aided Systems, Inc. (“CASI”) against Lockheed Martin 

Corporation. After CASI filed for bankruptcy protection, Lockheed sued CASI for 

damages of $32 million, and CASI counterclaimed. After a bench trial, the court denied 

all of Lockheed’s claims and found Lockheed liable to CASI for fraud and breach of 

contract, awarding Dovel & Luner’s client more than $16 million, including $7 million in 

punitive damages.

• Represented Westbourne International in a copyright infringement lawsuit claiming 

Arrowhead General’s RE2 software copied protected elements from Westbourne’s 

Primerater insurance-pricing software. A San Diego federal jury awarded Westbourne 

$5.8 million.

• Represented a software distribution company sued by a software manufacturer in a case 

arising out of an exclusive distribution agreement between the two companies. The 

plaintiff had brought suit alleging breach of contract and fraud. The case went to trial and 

a Los Angeles Superior Court jury returned a defense verdict and awarded Dovel & 

Luner’s client $3.2 million on its cross-complaint.

• Represented Enovsys LLC at trial in a patent infringement lawsuit against Sprint Nextel 

related to the use of GPS and location-based services provided to cell phone users. A Los 

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Angeles jury returned a verdict of infringement and validity on both asserted patents and 

awarded past damages of $2.8 million, representing a 3.5% royalty on growing sales. 

(Id. ¶¶ 3-4.) 

10. Mr. Dovel also has experience as lead counsel in class actions. (Id. ¶ 5.) Mr. 

Dovel served as lead counsel in a class action lawsuit pending in Florida against Siemens, NCR, 

and Oce. The suit, alleging antitrust violations arising out of the high-speed computer printer 

industry, was successfully settled on confidential terms. (Id.)

11. Dovel & Luner has been diligently preparing for trial. Counsel from Dovel & 

Luner have reviewed all of the discovery and documents, read all of the Court’s orders, analyzed 

the TCPA and relevant precedents, drafted jury instructions, witness lists, and exhibit lists, 

discussed issues with Plaintiff, and conferred with opposing counsel on pretrial issues. As trial 

approaches, counsel from Dovel & Luner are developing opening and closing arguments and 

witness outlines for the cross and direct examination of each witness. (Id. ¶ 6.) 

12. Dovel & Luner has committed three trial lawyers (Mr. Dovel, Mr. Jacobson, and 

Mr. Franzini) to the case, with additional support as needed from other attorneys at Dovel & 

Luner. (Id. ¶ 7.) 

13. Together with Edelson PC, Dovel & Luner will effectively, fairly, and adequately 

protect the interests of Plaintiff and the Robocall Class at trial. (Id.) 

14. For these reasons, Plaintiff respectfully moves for the appointment of Dovel & 

Luner as (alongside the undersigned attorneys from Edelson PC) co-lead class counsel pursuant 

to Fed. R. Civ. P. 23.

Respectfully submitted, 

LORI WAKEFIELD, individually and on behalf

of all similarly situated individuals,

Dated: January 11, 2019 /s/ Eve-Lynn J. Rapp 

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Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

Lily E. Hough, SBN #315277*

EDELSON PC

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: 415.212.9300

Fax: 415.373.9435

Scott F. Kocher, OSB#015088

Stephen J. Voorhees, OSB#150595

FORUM LAW GROUP

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Tel: 503.445.2120

Fax: 503.445.2120

Simon Franzini, Cal. Bar #287631*

simon@dovel.com

Gregory S. Dovel, Cal. Bar #135387*

greg@dovel.com

Jonas Jacobson, Cal. Bar #269912*

jonas@dovel.com

DOVEL & LUNER LLP

201 Santa Monica Blvd., Suite 600

Santa Monica, California 90401

Tel: (310) 656-7066

Fax: (310) 656-7069

*admitted pro hac vice

** pro hac vice application pending

Attorneys for Plaintiff and the Class

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CERTIFICATE OF SERVICE

I, Eve-Lynn J. Rapp, an attorney, certify that on January 14, 2019, I served the foregoing 

by causing true and accurate copies of such paper to be transmitted to all counsel of record via 

the Court’s CM/ECF electronic filing system. 

/s/ Eve-Lynn J. Rapp 

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