There are like a hundred people here. I think an overflow room has been opened?
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In a previous phase, Boutrous was fighting certification of the class saying it was too broad and it was unfair to loop people in.
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Now he's saying it's fair to approve this settlement for the class, because, "This is an opt-out class-action."
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"This isn’t a democracy, it’s either you decide to throw your lot in with the class… or you can opt-out."
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The settlement does include claims that were not in Liss-Riordan's O'Connor litigation.
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So it waives claims that were never made by SLR.
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According to SLR, it's because she wrote "focused complaints," and that these other claims are from pile-on cases that came after her.
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The other claims are "worthless"—unlikely to succeed, low dollar value.
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Mark J. Geragos for the objectors is now saying that a document shows extrinsic evidence of collusion.
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"She [Liss-Riordan] was going to give global peace to Uber… by hijacking another case in *this* courtroom."
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Geragos: If these are worthless, why were they in mediation?
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On settling out someone's case: Chen: What case says you can’t do that? Geragos: ... I'd say it's just fairness. Due process.
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aka I have no caselaw
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Chen says Geragos brings up an interesting question.
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Chen: Whose rights are being violated by expanding out the scope of this case? Class members, or counsel?
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Another objector speaking and Chen says to keep it short because there are "30 other issues." SLR will also get her chance at rebuttal.
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Other objector (please chime in with name) is bringing in actual caselaw.
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Liss-Riordan: Mr. Shkolnik wanted on the eve of trial to transfer this case to Texas.
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Boutrous: Ms. Liss-Riordan is the only one in the room who represents all the drivers in California.
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This is so fucking uncanny after the last time I saw these two in court.
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Chen says that it seems that SLR's named plaintiffs have no experience with some of the new claims (worker's comp).
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SLR says that the worker's comp's claim is "novel" and there is no precedent for it.
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So weird to see Boutrous in court without being in 200% "I Will Destroy You" mode. He's in "What the fuck am I even doing here" mode
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Morosoff (one of the objectors) is talking up the minimum wage claim—the claim that drivers should be paid for time spent waiting for rides
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Says it's worth much more than zero.
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SLR: Your honor, you'll remember the three or four times I passionately argued that there were overtime and minimum wage claims
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SLR: and you rejected them.
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SLR: To say I walked away from those claims is patently a misrepresentation. SLR is furious.
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Chen interrupts gently. Says now that none of the objectors have talked about arbitration.
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SLR is saying that the arbitration question was a risk to both her side and to Uber's side, and was part of what propelled the settlement.
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