Judd v Att Wa Declaration Richard Spoonemore Tnetix Settlement 2013
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HON. BETH M. ANDRUS Hearing Date: April 12, 2013 @ 9:00 a.m. With Oral Argument 1 2 3 4 5 6 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 7 8 9 10 SANDY JUDD, TARA HERIVEL, and COLUMBIA LEGAL SERVICES, for themselves, and on behalf of all similarly situated persons, 11 12 Plaintiffs, v. 13 14 15 16 AMERICAN TELEPHONE AND TELEGRAPH COMPANY and T-NETIX, INC., NO. 00-2-17565-5 SEA CLASS ACTION DECLARATION OF RICHARD E. SPOONEMORE RE: MOTION FOR COMPENSATION, COSTS AND INCENTIVE AWARD RE: T-NETIX SETTLEMENT Defendants. 17 18 19 20 21 22 23 24 25 26 DECLARATION OF RICHARD E. SPOONEMORE RE: MOTION FOR COMPENSATION, COSTS AND INCENTIVE AWARD RE: T-NETIX SETTLEMENT SIRIANNI YOUTZ SPOONEMORE 999 THIRD AVENUE, SUITE 3650 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 Richard E. Spoonemore declares that: 2 1. 3 4 I am one of the attorneys representing plaintiffs and the Class in this matter. These facts are based on my personal knowledge. 2. Columbia’s Contributions to the T-Netix Litigation. Columbia Legal 5 Services was the only class representative to have received a local collect call from a 6 Former PTI Facility. Without Columbia, there would not have been any case against T- 7 Netix arising out of the local calls. Columbia agreed to serve as the class representative 8 despite the fact that it stood to gain only $200.90 in statutory damages. In advancing 9 the class’s interests, Columbia’s employees were deposed twice – full days each – and 10 required to respond to multiple discovery requests. John Midgley, Columbia’s former 11 Director, served as Columbia’s contact in this litigation. He actively participated in 12 monthly – and at times weekly or daily – conferences with Class Counsel after 13 Columbia became a Class Representative. Mr. Midgley flew to Boston to participate in 14 the mediation which eventually led to the settlement with T-Netix. 15 reviewed and was familiar with all of the substantive pleadings and issues in this case, 16 and asked appropriate questions of Class Counsel. Columbia was, in short, an ideal 17 and model class representative. It was not a passive participant in the litigation – it 18 was actively involved in case, and invested time and resources to ensuring its success. 19 3. He received, Hours Invested in Litigation. Over the past twelve-plus years, Sirianni 20 Youtz Spoonemore has invested in excess of 7,000 hours in this litigation. At the firm’s 21 normal hourly rates (ranging from $175/hour to $495/hour for attorneys, and 22 $100/hour for paralegals), the time value of these hours exceeds $3,000,000. (Upon 23 request, the time detail showing these hours is available for the Court’s review.) With 24 the exception of the work performed after the settlement with T-Netix was reached, it 25 is impracticable to segregate the work performed against T-Netix from the work 26 performed against AT&T. In general, particularly during the first ten years of this case, DECLARATION OF RICHARD E. SPOONEMORE RE: MOTION FOR COMPENSATION, COSTS AND INCENTIVE AWARD RE: T-NETIX SETTLEMENT – 1 SIRIANNI YOUTZ SPOONEMORE 999 THIRD AVENUE, SUITE 3650 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 the work was directed at both T-Netix and AT&T with no meaningful way to allocate 2 the time spent between the two defendants. If only the time spent during the first ten 3 years was split evenly between T-Netix and AT&T, with no time allocated over the last 4 two years, the time value allocated to T-Netix would still far exceed the fee award 5 sought here. 6 4. Cost Allocation. Attached hereto as Exhibit A is a true and correct copy 7 of our ledger showing costs paid to date in the litigation against T-Netix and AT&T. 8 There are three charges with do not yet appear in the printout: (1) a charge from 9 Nickerson & Associates (the Class’s expert) for $43,896, messenger charges totaling 10 $260.50, and FedEx charges totaling $18.84. These sums, when added to the totals on 11 the ledger, equal $538,601.03. Many of the costs were incurred in our effort to secure 12 relief against both T-Netix and/or AT&T and, like the time spent, are impracticable to 13 allocate to one defendant or another. Other costs are more closely linked to the efforts 14 against a specific defendant, such as the expert-related charges incurred in preparing 15 the case for trial after the settlement with T-Netix was reached, or notice expenses 16 associated with one specific defendant. In an effort to allocate costs, I reviewed the 17 ledger to determine whether a charge should be allocated to a specific defendant. For 18 example, the class notice charges in the AT&T class far exceeded the charges for 19 providing notice to the much smaller T-Netix class. 20 determined that charge could reasonably be associated with a single defendant, I 21 attributed that charge to that single defendant. The charges allocated to only AT&T are 22 marked with a box in Exhibit A, while the charges allocated to only T-Netix are 23 underlined on the exhibit. After allocating these costs, I split the remaining joint costs 24 in half ($164,302.58/2) and added to that figure the costs allocated to T-Netix 25 ($23,386.14) to arrive at the total costs ($105,537.43) associated with the T-Netix side of 26 the case. DECLARATION OF RICHARD E. SPOONEMORE RE: MOTION FOR COMPENSATION, COSTS AND INCENTIVE AWARD RE: T-NETIX SETTLEMENT – 2 In those situations where I SIRIANNI YOUTZ SPOONEMORE 999 THIRD AVENUE, SUITE 3650 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 2 3 4 5 I declare under penalty of perjury of the laws of the state of Washington that the following is true and correct. DATED this 25th day of March, 2013, at Seattle, Washington. /s/ Richard E. Spoonemore Richard E. Spoonemore (WSBA #21833) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF RICHARD E. SPOONEMORE RE: MOTION FOR COMPENSATION, COSTS AND INCENTIVE AWARD RE: T-NETIX SETTLEMENT – 3 SIRIANNI YOUTZ SPOONEMORE 999 THIRD AVENUE, SUITE 3650 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 CERTIFICATE OF SERVICE 1 I certify, under penalty of perjury and in accordance with the laws of the State of 2 Washington, that on March 25, 2013, I caused a copy of the foregoing document to be 3 served on all counsel of record in the manner shown and at the addresses listed below: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Bradford Axel STOKES LAWRENCE, P.S. 1420 Fifth Avenue, Suite 3000 Seattle, WA 98101 Attorneys for AT&T By Email: bradford.axel@stokeslaw.com deborah.messer@stokeslaw.com Charles H.R. Peters David C. Scott Brian L. Josias SCHIFF HARDIN LLP 233 S. Wacker Drive, Suite 6600 Chicago, IL 60606 Attorneys for AT&T By Email: cpeters@schiffhardin.com dscott@schiffhardin.com bjosias@schiffhardin.com Charles W. Douglas David W. Carpenter SIDLEY AUSTIN LLP One South Dearborn Chicago, IL 60603 Attorneys for AT&T By Email: cdouglas@sidley.com dcarpenter@sidley.com Don Paul Badgley Donald H. Mullins Duncan C. Turner BADGLEY-MULLINS LAW GROUP PLLC 701 Fifth Avenue, Suite 4750 Seattle, WA 98104 Attorneys for T-Netix By Email: donbadgley@badgleymullins.com donmullins@badgleymullins.com duncanturner@badgleymullins.com climon@badgleymullins.com Stephanie A. Joyce ARENT FOX LLP 1717 K Street, NW Washington, DC 20036 Attorneys for T-Netix By Email: joyce.stephanie@arentfox.com DATED: March 25, 2013, at Seattle, Washington. 22 23 24 /s/ Richard E. Spoonemore Richard E. Spoonemore (WSBA #21833) 25 26 DECLARATION OF RICHARD E. SPOONEMORE RE: MOTION FOR COMPENSATION, COSTS AND INCENTIVE AWARD RE: T-NETIX SETTLEMENT – 4 SIRIANNI YOUTZ SPOONEMORE 999 THIRD AVENUE, SUITE 3650 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246