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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

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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,

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Plaintiffs,
v.

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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.

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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

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Richard E. Spoonemore declares that:

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1.

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I am one of the attorneys representing plaintiffs and the Class in this

matter. These facts are based on my personal knowledge.
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Columbia’s Contributions to the T-Netix Litigation. Columbia Legal

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Services was the only class representative to have received a local collect call from a

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Former PTI Facility. Without Columbia, there would not have been any case against T-

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Netix arising out of the local calls. Columbia agreed to serve as the class representative

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despite the fact that it stood to gain only $200.90 in statutory damages. In advancing

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the class’s interests, Columbia’s employees were deposed twice – full days each – and

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required to respond to multiple discovery requests. John Midgley, Columbia’s former

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Director, served as Columbia’s contact in this litigation. He actively participated in

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monthly – and at times weekly or daily – conferences with Class Counsel after

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Columbia became a Class Representative. Mr. Midgley flew to Boston to participate in

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the mediation which eventually led to the settlement with T-Netix.

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reviewed and was familiar with all of the substantive pleadings and issues in this case,

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and asked appropriate questions of Class Counsel. Columbia was, in short, an ideal

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and model class representative. It was not a passive participant in the litigation – it

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was actively involved in case, and invested time and resources to ensuring its success.

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3.

He received,

Hours Invested in Litigation. Over the past twelve-plus years, Sirianni

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Youtz Spoonemore has invested in excess of 7,000 hours in this litigation. At the firm’s

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normal hourly rates (ranging from $175/hour to $495/hour for attorneys, and

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$100/hour for paralegals), the time value of these hours exceeds $3,000,000. (Upon

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request, the time detail showing these hours is available for the Court’s review.) With

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the exception of the work performed after the settlement with T-Netix was reached, it

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is impracticable to segregate the work performed against T-Netix from the work

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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

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the work was directed at both T-Netix and AT&T with no meaningful way to allocate

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the time spent between the two defendants. If only the time spent during the first ten

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years was split evenly between T-Netix and AT&T, with no time allocated over the last

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two years, the time value allocated to T-Netix would still far exceed the fee award

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sought here.

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4.

Cost Allocation. Attached hereto as Exhibit A is a true and correct copy

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of our ledger showing costs paid to date in the litigation against T-Netix and AT&T.

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There are three charges with do not yet appear in the printout: (1) a charge from

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Nickerson & Associates (the Class’s expert) for $43,896, messenger charges totaling

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$260.50, and FedEx charges totaling $18.84. These sums, when added to the totals on

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the ledger, equal $538,601.03. Many of the costs were incurred in our effort to secure

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relief against both T-Netix and/or AT&T and, like the time spent, are impracticable to

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allocate to one defendant or another. Other costs are more closely linked to the efforts

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against a specific defendant, such as the expert-related charges incurred in preparing

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the case for trial after the settlement with T-Netix was reached, or notice expenses

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associated with one specific defendant. In an effort to allocate costs, I reviewed the

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ledger to determine whether a charge should be allocated to a specific defendant. For

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example, the class notice charges in the AT&T class far exceeded the charges for

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providing notice to the much smaller T-Netix class.

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determined that charge could reasonably be associated with a single defendant, I

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attributed that charge to that single defendant. The charges allocated to only AT&T are

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marked with a box in Exhibit A, while the charges allocated to only T-Netix are

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underlined on the exhibit. After allocating these costs, I split the remaining joint costs

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in half ($164,302.58/2) and added to that figure the costs allocated to T-Netix

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($23,386.14) to arrive at the total costs ($105,537.43) associated with the T-Netix side of

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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

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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)

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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
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I certify, under penalty of perjury and in accordance with the laws of the State of

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Washington, that on March 25, 2013, I caused a copy of the foregoing document to be

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served on all counsel of record in the manner shown and at the addresses listed below:

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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.

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/s/ Richard E. Spoonemore
Richard E. Spoonemore (WSBA #21833)

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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