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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Case 2:17-cv-01826-TSZ Document 153 Filed 06/11/20 Page 1 of 171 1 THE HONORABLE THOMAS S. ZILLY 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 9 10 KEVIN PINE, individually and on behalf Case No. 17-cv-1826 11 of all others similarly situated, DECLARATION OF DANIEL M. 12 Plaintiff, HUTCHINSON IN SUPPORT OF PLAINTIFF’S MOTION FOR 13 v. ATTORNEYS’ FEES AND COSTS, AND SERVICE AWARDS TO THE 14 A PLACE FOR MOM, INC., a Delaware PLAINTIFFS corporation, 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF DANIEL M. HUTCHINSON LIEFF CABRASER HEIMANN & BERNSTEIN, LLP Case No. 17-cv-1826 275 Battery Street, 29th Floor 1836300.2 San Francisco, CA 94111-3339 Tel. 415.956.1000 • Fax 415.956.1008 Case 2:17-cv-01826-TSZ Document 153 Filed 06/11/20 Page 2 of 171 1 I, Daniel M. Hutchinson, declare as follows: 2 1. I am a partner in of the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP 3 (“LCHB”), co-counsel of record for Plaintiff in this matter. 4 2. I am admitted to practice pro hac vice before this Court and am a member in good 5 standing of the bar of the State of California; the United States District Court for the Central, 6 Northern, and Southern Districts of California; the United States District Court for the Eastern 7 District of Wisconsin; and the U.S. Courts of Appeals for the First, Fourth, Seventh, Ninth, and 8 Eleventh Circuits. 9 3. I respectfully submit this declaration in support of Plaintiff’s Motion for 10 Attorneys’ Fees and Costs, and Service Awards to the Plaintiffs. 11 4. I make these statements based on personal knowledge and would so testify if 12 called as a witness at trial. 13 Background and Experience 14 5. LCHB is a national law firm with offices in San Francisco, New York, Nashville, 15 and Munich, Germany. LCHB’s practice focuses on complex and class action litigation 16 involving employment, consumer, financial fraud, securities, product liability, environmental, 17 and personal injury matters. Attached hereto as Exhibit A is a true and correct copy of LCHB’s 18 current firm resume, showing some of the firm’s experience in complex and class action 19 litigation. This resume is not a complete listing of all cases in which LCHB has been class 20 counsel or otherwise counsel of record. 21 6. I graduated from Brown University in 1999. I served as a judicial extern to the 22 Honorable Martin J. Jenkins, U.S. District Court, Northern District of California, in 2004. I 23 graduated from the University of California, Berkeley, School of Law (Berkeley Law) in 2005. 24 7. Since 2005, I have practiced with LCHB, where I became a partner in January 25 2011. At LCHB, I have focused on representing plaintiffs in financial and consumer fraud cases, 26 and employment litigation. DECLARATION OF DANIEL M. HUTCHINSON LIEFF CABRASER HEIMANN & BERNSTEIN, LLP Case No. 17-cv-1826 275 Battery Street, 29th Floor 1836300.2 -2- San Francisco, CA 94111-3339 Tel. 415.956.1000 • Fax 415.956.1008 Case 2:17-cv-01826-TSZ Document 153 Filed 06/11/20 Page 3 of 171 1 Consumer Protection Class Actions 2 8. As an LCHB partner, my practice has focused on a number of nationwide 3 consumer protection class actions. 4 a. I, along with other attorneys from my firm, served as chair of the Plaintiffs 5 Executive Committee in, In re: Bank of Am. Credit Protection Mktg. & Sales Practices Litig., 6 3:11-md-02269-TEH (N.D. Cal.), multi-district litigation (“MDL”) against Bank of America and 7 FIA Card Services, challenging the imposition of charges for so-called “payment protection” or 8 “credit protection” programs. In January 2013, the Court approved a $20 million settlement 9 including required practice changes. 10 b. I, along with other attorneys from my firm, served as co-lead counsel in a 11 series of groundbreaking nationwide class actions under the Telephone Consumer Protection Act 12 (“TCPA”) and have prosecuted complex class action litigation of similar size, scope, and 13 complexity to the instant case. LCHB has the resources necessary to conduct litigation of this 14 nature efficiently and effectively. The TCPA is a technologically focused statute. In my 15 experience, successful TCPA class actions require attorneys to understand the mechanics of 16 automatic telephone dialing systems and complex computer databases that store and organize 17 call records. In addition, attorneys must closely track relevant orders, rulemakings, and petitions 18 from the Federal Communications Commission, as the FCC has been very active on TCPA 19 issues. 20 c. In September 2012, the court approved a $24.15 million class settlement 21 against Sallie Mae, the then-largest monetary settlement in the history of the TCPA. See Arthur 22 v. Sallie Mae, Inc., No. C10-0198 JLR, 2012 U.S. Dist. LEXIS 132413 (W.D. Wash. Sept. 17, 23 2012). 24 d. I, along with other attorneys from my firm and co-counsel, served as 25 counsel in Rose v. Bank of Am. Corp., 5:11‐cv‐02390‐EJD (N.D. Cal.), and Duke v. Bank of Am., 26 N.A., 5:12‐cv‐04009‐EJD (N.D. Cal.). On August 29, 2014, the Court approved a $32,083,905 DECLARATION OF DANIEL M. HUTCHINSON LIEFF CABRASER HEIMANN & BERNSTEIN, LLP Case No. 17-cv-1826 275 Battery Street, 29th Floor 1836300.2 -3- San Francisco, CA 94111-3339 Tel. 415.956.1000 • Fax 415.956.1008 Case 2:17-cv-01826-TSZ Document 153 Filed 06/11/20 Page 4 of 171 1 class settlement, which surpassed the Sallie Mae settlement as the largest monetary settlement in 2 the history of the TCPA. 3 e. I, along with other attorneys from my firm and co-counsel, served as 4 counsel in In re Capital One Telephone Consumer Protection Act Litigation, Master Docket No. 5 1:12-cv-10064 (N.D. Ill.). On February 12, 2015, the court approved a $75,455,098.74 class 6 settlement. 7 f. I, along with other attorneys from my firm and co-counsel, served as 8 counsel in a series of TCPA class action lawsuits against Wells Fargo. Court-approved 9 nationwide class settlements in six actions total over $95 million. Cross v. Wells Fargo Bank 10 N.A., Case No.: 1:15-cv-01270-RWS (N.D. Ga. Feb. 13, 2017) ($30,446,022.75); Markos v. 11 Wells Fargo Bank, N.A., Case No. 1:15-cv-01156 (N.D. Ga. Jan. 30, 2017) ($16,417,496.70); 12 Luster v. Wells Fargo Bank, N.A., Case No. 1:15-cv-01058 (N.D. Ga. Nov. 8, 2017) 13 ($14,834,058); Franklin v. Wells Fargo Bank N.A., Case No.: 14-cv-2349 (S.D. Cal. Jan. 29, 14 2016) ($13,859,103.80); Prather v. Wells Fargo Bank, N.A., Case No. 1:15-cv-04231 (N.D. Ga. 15 Aug. 31, 2017) ($2,075,071.80); Dunn v. Wells Fargo Bank, N.A., Case: 1:17-cv-00481 (N.D. Ill. 16 Dec. 10, 2019) ($17,850,000). 17 g. I, along with other attorneys from my firm and co-counsel, served as 18 counsel in Wilkins v. HSBC Bank Nev., N.A., Case No. 14-cv-190 (N.D. Ill.). On February 27, 19 2015, the court approved a $39,975,000 class settlement. In approving the settlement Judge 20 James F. Holderman commented on “the excellent work” and “professionalism” of LCHB and its 21 co-counsel in securing a $39.975 million non-reversionary cash settlement in that TCPA class 22 action. 23 h. I, along with other attorneys from my firm and co-counsel, served as 24 counsel in Buchanan v. Sirius XM Radio, Inc., Case 3:17-cv-00728-D (N.D. Tex.). On January 25 28, 2020, the court approved class settlement comprising of a $25 million common fund and 26 non-monetary relief worth approximately $6.5 million. DECLARATION OF DANIEL M. HUTCHINSON LIEFF CABRASER HEIMANN & BERNSTEIN, LLP Case No. 17-cv-1826 275 Battery Street, 29th Floor 1836300.2 -4- San Francisco, CA 94111-3339 Tel. 415.956.1000 • Fax 415.956.1008 Case 2:17-cv-01826-TSZ Document 153 Filed 06/11/20 Page 5 of 171 1 i. I, along with other attorneys from my firm and co-counsel, served as 2 counsel in Connor v. JPMorgan Chase Bank, Case No. 10 CV 1284 DMS BGS (S.D. Cal. Mar. 3 12, 2012), a nationwide TCPA class action. On February 5, 2015, the court approved a 4 $11,665,592.09 cash settlement. 5 j. I, along with other attorneys from my firm and co-counsel, served as 6 counsel in Thomas v. Dun & Bradstreet Credibility Corp., Case No. 2:15-cv-03194-BRO-GJS 7 (C.D. Cal.). On March 22, 2017, the court approved a $10.5 million cash settlement for a class 8 of small business owners who received telemarketing calls. 9 k. I, along with other attorneys from my firm and co-counsel, served as 10 counsel in the nationwide TCPA class actions Bradley v. Discover Financial Services, Case No. 11 4:11-cv-5746-YGR (N.D. Cal.), and Steinfeld v. Discover Financial Services, Case No. 3:12-cv- 12 01118-JSW (N.D. Cal.). In March 2014, the court approved an $8.7 million class settlement. 13 l.
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