Prison Phone Justice

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HON. BETH ANDRUS
Noted for Consideration: April 1, 2013
Without Oral Argument

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IN THE SUPERIOR COURT OF WASHINGTON
FOR KING COUNTY

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SANDY JUDD, TARA HERIVEL, and
COLUMBIA LEGAL SERVICES, for
themselves, and on behalf of all similarly
situated persons,
Plaintiffs,

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v.
AMERICAN TELEPHONE AND
TELEGRAPH COMPANY and
T-NETIX, INC.,

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NO. 00-2-17565-5 SEA
CLASS ACTION
ORDER:
(1) PRELIMINARILY APPROVING
SETTLEMENT AGREEMENT
WITH AT&T;
(2) PRELIMINARILY APPROVING PLAN
OF ALLOCATION;
(3) DIRECTING NOTICE; AND
(4) SCHEDULING FINAL
APPROVAL HEARING

Defendants.
Upon consideration of the InterLATA and IntraLATA Classes’ Revised Motion
for Preliminary Approval of Settlement Agreement with AT&T, Preliminary Approval of Plan
of Allocation, Directive to Send Notice, and Scheduling of Final Approval Hearing (“Motion for
Preliminary Approval”), it is hereby ORDERED as follows:
(1)

Based on the record before it, the Court tentatively finds, pursuant to

Rule 23(e), that the proposed Settlement Agreement attached as Appendix 1 to the Motion for
Preliminary Approval is fair, reasonable and adequate. There is no evidence at this stage of
proceeds of fraud, collusion or overreaching by the parties or that the rights of absent class
members were disregarded. There was extensive discovery in this case, and Class Counsel has
sufficient experience in similar litigation to propose this settlement. The Court’s preliminary

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SIRIANNI YOUTZ SPOONEMORE
ORDER PRELIMINARILY APPROVING
SETTLEMENT AGREEMENT WITH AT&T, ETC. – 1

999 THIRD AVENUE, SUITE 3650
SEATTLE, WASHINGTON 98104
TEL. (206) 223-0303 FAX (206) 223-0246

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approval is subject to change pending the outcome of the final settlement approval hearing

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(“Settlement Approval hearing”) established herein.

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(2)

The Court tentatively finds that the proposed Plan of Allocation, attached

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as Appendix 2 to the Motion for Preliminary Approval, is fair, reasonable and adequate. The

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Court’s preliminary approval is also subject to change pending the outcome of the Settlement

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Approval hearing.

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(3)

The Court finds that the proposed Notice of Settlement, attached as

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Appendix 3 to the Motion for Preliminary Approval, meets the requirements of Civil Rule 23

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and the applicable law in that it fairly and adequately describes the terms of the Agreement,

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gives notice of the time and place of the hearing for final approval of the Agreement, and

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describes how a class member may comment on, object to, or support the Agreement, or request

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exclusion from the class. The Court directs Class Counsel to mail the Notice of Settlement,

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substantially in the form attached as Appendix 3, as well as a copy of the Plan of Allocation

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attached as Appendix 2, to the Motion for Preliminary Approval, to AT&T Call Class Members

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as provided in Section 3 of the proposed Settlement Agreement. In addition, Class Counsel is

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directed to cause summary notice, substantially in the form attached as Appendix 4 to the

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Motion for Preliminary Approval to be published in The Seattle Times; Tacoma News Tribune;

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Vancouver Columbian; Spokane Spokesman Review; Yakima Herald Republic; The Olympian;

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Bellingham Herald; Tri-City Herald; Everett Herald; Portland Oregonian; Walla Walla Union

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Bulletin; Prison Legal News; Prison World; King County Bar Bulletin; Washington State Bar

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Trial News; Washington State Bar News (“The Northwest Lawyer”); Washington Criminal

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Defense; and in the national edition of USA Today. The method of publication set forth in

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Section 3 of the proposed Settlement Agreement is approved. Published notice shall be

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completed at least 30 days before the Final Approval Hearing. The Court concludes that direct

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mail notice to AT&T Call Class Members identified by Class Counsel through reverse phone

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SIRIANNI YOUTZ SPOONEMORE
ORDER PRELIMINARILY APPROVING
SETTLEMENT AGREEMENT WITH AT&T, ETC. – 2

999 THIRD AVENUE, SUITE 3650
SEATTLE, WASHINGTON 98104
TEL. (206) 223-0303 FAX (206) 223-0246

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look-ups and other available information, augmented by published notice, is the best notice

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practicable under the circumstances.
(4)

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A hearing to consider whether the proposed Settlement Agreement is fair,

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reasonable and adequate and should be finally approved is scheduled for June 21, 2013 at 10:00

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a.m. in Courtroom W-719, King County Superior Court, 516 Third Avenue, Seattle,

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Washington, 98104.
(5)

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Class Counsel shall file its motion for fees and litigation expenses by

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May 31, 2013, 2013 [at least 16 days before the final Settlement Approval hearing scheduled by

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this Court].

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(6)

AT&T Call Class Members who wish to comment on or object to the

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proposed Settlement Agreement (or the amount of attorneys’ fees, costs, expenses and/or case

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contribution award requested) must submit written comments and/or objections to the Court no

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later than June 11, 2013 [at least 10 days before the final Settlement Approval hearing

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scheduled by this Court].

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(7)

Claims submitted by mail from AT&T Call Class Members must be

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postmarked no later than June 7, 2013 [at least 14 days before the final Settlement Approval

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hearing scheduled by this Court]. Claims submitted online from AT&T Call Class Members

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must be filed with an email confirmation dated no later than 12:00 midnight PDT on June 7,

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2013 [at least 14 days before the final Settlement Approval hearing scheduled by this Court].

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(8)

AT&T Call Class Members who wish to appear at the final Settlement

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Approval hearing may do so if they submit written notice to the Court, with copies to counsel,

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that they intend to appear in person or through counsel. If an AT&T Call Class Member wishes

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to appear in person or through counsel at the hearing, he or she must also describe the nature of

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their comment or objection in their written notice of intent to appear. Written notice of intent to

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SIRIANNI YOUTZ SPOONEMORE
ORDER PRELIMINARILY APPROVING
SETTLEMENT AGREEMENT WITH AT&T, ETC. – 3

999 THIRD AVENUE, SUITE 3650
SEATTLE, WASHINGTON 98104
TEL. (206) 223-0303 FAX (206) 223-0246

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appear must be filed with the Court and mailed to counsel by June 11, 2013 [at least 10 days

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before the final Settlement Approval hearing scheduled by this Court].
(9)

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A Motion for Final Approval of the Settlement Agreement, together with

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any supporting declarations or other documentation, must be filed by no later than June 14, 2013

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[at least 5 days before the Settlement Approval hearing]. Class counsel shall also provide the

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Motion to all AT&T Call Class Members who object or file written notice with the Court that

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they intend to appear at the final Settlement Approval hearing.

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It is so ORDERED this 1st day of April, 2013.

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\s\ (E-FILED)

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Beth M. Andrus
Superior Court Judge

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Presented by:
SIRIANNI YOUTZ SPOONEMORE
/s/ Chris R. Youtz
Chris R. Youtz (WSBA #7786)
Richard E. Spoonemore (WSBA #21833)
Attorneys for Plaintiffs

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SIRIANNI YOUTZ SPOONEMORE
ORDER PRELIMINARILY APPROVING
SETTLEMENT AGREEMENT WITH AT&T, ETC. – 4

999 THIRD AVENUE, SUITE 3650
SEATTLE, WASHINGTON 98104
TEL. (206) 223-0303 FAX (206) 223-0246

King County Superior Court
Judicial Electronic Signature Page
Case Number:
Case Title:
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Document Title:
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00-2-17565-5
JUDD ET ANO VS AMERICAN TELEPHONE &
TELEGRAPH CO ET AL DBA
ORDER

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Signed by Judge: Beth Andrus
4/1/2013 9:00:00 AM
Date:

Judge Beth Andrus

This document is signed in accordance with the provisions in GR 30.
0820F7E3971DF4A86FBD08B589DF523114D8C0EF
Certificate Hash:
Certificate effective date: 6/18/2012 12:55:35 PM
7/12/2014 12:55:35 PM
Certificate expiry date:
CN=Washington State CA B1, OU=State of Washington
Certificate Issued by:
CA, O=State of Washington PKI, C=US
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