Sostrin Declaration
Transcription
Sostrin Declaration
Case 3:13-cv-01718-BEN-BLM Document 65-4 Filed 04/02/15 Page 1 of 6 1 Timothy J. Sostrin (IL: 6290807) Keogh Law, LTD 2 [email protected] 55 W. Monroe Street, Suite 3390 3 Chicago, IL 60603 Tel: (312) 726-1092 4 Fax: (312) 726-1093 5 Patric A. Lester (SBN: 220092) Lester & Associates 6 [email protected] 5694 Mission Center Road, #358 7 San Diego, CA 92108 Tel: (619) 665-3888 8 Fax: (314) 241-5777 9 Attorneys for Plaintiff DREW HILL 10 and Proposed Settlement Class 11 UNITED STATES DISTRICT COURT 12 SOUTHERN DISTRICT OF CALIFORNIA 13 DREW HILL, individually and on 14 behalf of all others similarly situated, Plaintiff, 15 16 vs. 17 ASSET ACCEPTANCE, LLC, 18 Defendant. 19 Case No. 3:13-cv-01718-BEN-BLM DECLARATION OF TIMOTHY J. SOSTRIN IN SUPPORT OF MOTION FOR ATTORNEY’S FEES AND COSTS DATE: MAY 18. 2015 TIME: 10:30AM The Hon. Roger T. Benitez Courtroom 5A 20 21 I, Timothy J. Sostrin, declare under penalty of perjury, that the following 22 statements are true: 23 1. I was appointed Class Counsel in this action, along with Patric A. Lester, by 24 the Court’s Order Granting Preliminary Approval of Class Action Settlement. 25 2. I submit this declaration in support of Plaintiff’s Motion for Attorney’s Fees 26 and Costs. 27 3. If called as a witness, I would competently testify to the matters herein from 28 personal knowledge. 1 Declaration of Timothy J. Sostrin in Support of Motion for Attorneys’ Fees and Costs Case No. 3:13-cv-01718-BEN-BLM Case 3:13-cv-01718-BEN-BLM Document 65-4 Filed 04/02/15 Page 2 of 6 1 Class Counsel’s Experience 2 4. I am an attorney licensed to practice law in the state of Illinois, and admitted to 3 practice in the Tenth Circuit Court of Appeals, the Seventh Circuit Court of 4 Appeals, and United States District Courts in Colorado, Illinois, Indiana, 5 Michigan, Missouri, Texas, and Wisconsin. 6 5. I was appointed Pro Hac Vice counsel for Plaintiff in this case on November 7 12, 2014. 8 6. Since 2007, I have practiced exclusively in consumer rights litigation, in both 9 class actions and individual actions. 10 7. I am a member of the National Association of Consumer Advocates and have 11 undergone extensive training in consumer rights litigation, including the Fair 12 Debt Collection Practices Act, at conferences hosted by the National Consumer 13 Law Center since 2008. 14 8. My firm, Keogh Law, Ltd. focuses on consumer protection class actions 15 throughout the country. Attached hereto as Exhibit 1 is a true and correct copy 16 of the current firm resume, showing some of the firm’s experience in complex 17 and class action litigation. 18 9. I have successfully litigated dozens of cases under the Fair Debt Collection 19 Practices Act, including the following reported cases: Leeb v. Nationwide 20 Credit Corp., 2013 U.S. Dist. LEXIS 167558 (N.D. Ill. 2013) (defended appeal 21 by debt collector in the Seventh Circuit) ; Torres v. National Enterprise 22 Systems, Inc., 2013 U.S. Dist. LEXIS 143522 (N.D. Ill. 2013); Missey v. 23 Watson Acquisition Group, LLC, 2011 U.S. Dist. LEXIS 24524 (E.D. Mo. 24 2011); Martin v. Financial Recovery Center, Inc., 2010 U.S. DIst. LEXIS 25 114134 (N.D. Ind. 2010); Sengenberger v. Credit Control Services, 2010 U.S. 26 Dist. LEXIS 43874 (N.D. Ill. 2010). 27 10. I had primary responsibility for the prosecution of numerous consumer rights 28 class actions in which my firm was appointed as counsel for the class, 2 Declaration of Timothy J. Sostrin in Support of Motion for Attorney’s Fees and Costs Case No. 3:13-cv-01718-BEN-BLM Case 3:13-cv-01718-BEN-BLM Document 65-4 Filed 04/02/15 Page 3 of 6 1 including: Galvan v. NCO Fin. Sys., 2012 U.S. Dist. LEXIS 128592 (N.D. Ill. 2 2012) (Illinois Collection Agency Act class); Osada v. Experian Info. 3 Solutions, Inc., 290 F.R.D. 485 (ND. Ill. December 20, 2012) (Fair Credit 4 Reporting Act class); Saf-T-Gard International, Inc. v. Vanguard Energy 5 Services, L.L.C., et al, 2012 U.S. Dist. LEXIS 174222 (N.D. Ill. 2013 6 (Telephone Consumer Protection Act class); Saf-T-Gard v. Transworld 7 Systems, Inc., 10-c-7671, (N.D. Ill., final approval granted September 17, 8 2013) (Telephone Consumer Protection Act class). 9 11. In addition, I have shared responsibility with others in my firm in the 10 prosecution of numerous other consumer rights class actions in which my firm 11 was appointed as counsel for the class, including: Hageman v. AT&T Mobility 12 LLC, et al., Case 1:13-cv-00050-DLC-RWA (D. MT.) (Co-Lead) (Final 13 Approval granted February 11, 2015 for settlement providing $45 million to a 14 class of 16,000 persons); Capital One Telephone Consumer Protection Act 15 Litigation, et al., 12-cv-10064 (N.D. Ill.) (Liaison Counsel and additional Class 16 Counsel) (Final Approval granted February 12, 2015 for $75 million 17 settlement); Lopera v RMS, 12-c-9649 (N.D. Ill., final approval granted 18 December 4, 2014) (TCPA class); Brian J. Wanca, J.D., P.C. v. L.A. Fitness 19 International, LLC, Case No. 11-CV-4131 (Lake County, Il. Final Approval 20 granted December 20, 2013) (TCPA class); Pesce v First Credit Services, 11- 21 cv-01379 (N.D. Ill. 2011) (TCPA Class); Cain v Consumer Portfolio Services, 22 Inc. 10-cv-02697 (N.D. Ill., Final Approval granted June 15, 2012) (TCPA 23 class). 24 12. My hourly billing rate is $425. I recently submitted my lodestar at the rate of 25 $425 per hour in In re Capital One Telephone Consumer Protection Act 26 Litigation, 2015 U.S. Dist. LEXIS 17120 (N.D. Ill. 2015), where the court 27 ultimately awarded fees in excess of lodestar, despite a challenge from 28 objectors. 3 Declaration of Timothy J. Sostrin in Support of Motion for Attorney’s Fees and Costs Case No. 3:13-cv-01718-BEN-BLM Case 3:13-cv-01718-BEN-BLM Document 65-4 Filed 04/02/15 Page 4 of 6 1 13. I believe my hourly rate of $425 to be reasonable for this case in light of my 2 extensive experience and specialized knowledge with both complex consumer 3 rights class actions and cases brought under the Fair Debt Collection Practices 4 Act. 5 14. I have reviewed the hourly rates approved for other consumer attorneys in this 6 District and believe that my hourly rate is similar to those approved for other 7 attorneys in this District with similar skill, experience and reputation. 8 15. Attached hereto as Exhibit 2 in support of my hourly rate is the Declaration of 9 Abbas Kazerounian, an attorney practicing in this District who I believe to be 10 familiar with the market rate for attorneys of my skill, experience, and training. 11 16. In the present action, I expended a total of 292.8 hours on work that in my 12 judgment was reasonable and necessary for the successful prosecution of this 13 action. 14 17. Attached hereto as Exhibit 3 is an itemization of the time I have expended in 15 this matter, along with a description of the work done for each entry. This 16 itemization does not include additional work performed by attorney Keith 17 Keogh at my firm, who expended 113.2 hours of work, at the rate of $500 per 18 hour, for a total of $56,600, according to my firm’s time records. 19 18. Exhibit 3 also does not take into account the additional time that I will need to 20 expend in this action going forward through the final approval hearing, such as 21 time necessary to draft the motion for final approval. 22 19. I printed Exhibit 3 from my firm’s computer system for the purposes of this 23 motion. I have read through these billing records and corrected any entries that 24 I felt were entered either incorrectly or that, in my opinion, took longer than 25 was reasonable. 26 20. I believe that these records accurately reflect the time expended in this case 27 that was both reasonable and necessary for a successful result. 28 21. Attached hereto as Exhibit 4 is an itemization of out-of-pocket and anticipated 4 Declaration of Timothy J. Sostrin in Support of Motion for Attorney’s Fees and Costs Case No. 3:13-cv-01718-BEN-BLM Case 3:13-cv-01718-BEN-BLM Document 65-4 Filed 04/02/15 Page 5 of 6 1 costs my firm incurred and will incur in the prosecution of this matter, along 2 with a description of the cost. These out-of-pocket costs were paid without any 3 assurance that they would ever be recovered through a successful resolution of 4 this action. 5 22. I printed Exhibit 4 from my firm’s computer system for the purposes of this 6 motion. I have read through the itemized costs and believe that they were 7 reasonably and necessarily incurred for the successful prosecution of this 8 action. 9 Case History 10 23. The parties in this matter engaged in extensive discovery on both class and 11 merits issues. 12 database of customer and litigation information for nearly two thousand credit 13 collection accounts, and reviewed approximately 5,000 pages of documents 14 relating to Asset’s collection lawsuits that gave rise to this action. This was 15 necessary to identify the class members and to investigate the merits of Asset’s 16 defenses. 17 24. In addition, I engaged in a thorough analysis of choice of law issues relating to 18 the underlying credit card agreements, California common law on Account 19 Stated, Open Book, and Breach of Contract claims, as well as issues regarding 20 class certification and liability under the FDCPA and Rosenthal Act. 21 25. Through this process, I believe that I am fully apprised of the relative strengths 22 and weaknesses of the parties’ claims and defenses, and the potential risk of 23 pursuing further litigation in this matter. 24 Along with others in my firm, I reviewed and analyzed a The Settlement 25 26. Having ample discovery regarding the class, and having researched and briefed 26 Asset’s defenses, the parties agreed to conduct a mediation before the Hon. 27 Arlander Keys (Ret.) to explore a class-wide settlement. 28 27. Prior to the mediation, I prepared and submitted a detailed mediation brief, 5 Declaration of Timothy J. Sostrin in Support of Motion for Attorney’s Fees and Costs Case No. 3:13-cv-01718-BEN-BLM Case 3:13-cv-01718-BEN-BLM Document 65-4 Filed 04/02/15 Page 6 of 6 1 setting forth Plaintiff’s views on the case. 2 28. At all times, settlement negotiations were highly adversarial, non-collusive, 3 and at arm’s length. During the first full-day of mediation on October 13, 4 2014, the parties thoroughly discussed their relative positions on the merits, 5 and made substantial progress towards determining the parameters of a 6 settlement class, and a range of potential relief to the class. 7 29. After the second full day of mediation on November 12, 2104, and additional 8 telephonic negotiations under the guidance of the Hon. Arlander Keys (Ret.), 9 the parties were able to reach an agreement on the essential settlement terms, 10 which the parties memorialized in a Memorandum of Understanding on 11 November 21, 2014. 12 30. At no time during these mediations did the parties negotiate regarding any 13 amount for attorneys’ fees. 14 31. In the subsequent weeks, the parties formalized and finalized their agreement 15 into the Settlement Agreement. Doc. 60-3. The parties did not collude together 16 to advance their own interests to the detriment of the class. 17 The Class Notice 18 32. I am advised by the settlement administrator Kurtzman Carson Consultants, 19 LLC (“KKC”) that it mailed the approved Notice of the Proposed Settlement to 20 the entire settlement class (822 persons) via first-class mail on March 17, 2015, 21 and created a website where the class members can obtain further information 22 about 23 www.assetclasssettlement.com. 24 33. According to KCC’s last case status report dated March 30, 2015, no member 25 of the settlement class has yet opted out or objected to the settlement. the case and submit a claim form online. See 26 Executed at Chicago, Illinois, on April 2, 2015. 27 28 /s/ Timothy J. Sostrin 6 Declaration of Timothy J. Sostrin in Support of Motion for Attorney’s Fees and Costs Case No. 3:13-cv-01718-BEN-BLM