SUPPLEMENTAL DECLARATION of DAVID G. HOSENPUD in Plaintiff, SUPPORT of JOINT MOTION for FINAL CLASS and COLLECTIVE V
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Case 3:17-cv-00275-SI Document 82 Filed 06/28/21 Page 1 of 7 David G. Hosenpud, OSB No. 832414 [email protected] LANE POWELL PC 601 S.W. Second Avenue, Suite 2100 Portland, Oregon 97204 Telephone: 503.778.2100 Facsimile: 503.778.2200 Attorneys for Defendant ABM Onsite Services – West, Inc. UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION JOSEPH BRINKMANN, both in his Case Nos. 3:17-cv-002775-IS (Lead) individual capacity and, in addition, as a 3:17-cv-00478-SI (Consolidated Case) collective action on behalf of others similarly situated, SUPPLEMENTAL DECLARATION OF DAVID G. HOSENPUD IN Plaintiff, SUPPORT OF JOINT MOTION FOR FINAL CLASS AND COLLECTIVE v. SETTLEMENT APPROVAL ABM ONSITE SERVICES – WEST, INC., a Delaware corporation, Defendant. I, David G. Hosenpud, declare as follows: 1. I have personal knowledge of the facts set forth herein, which are known by me to be true and correct, and if called as a witness, I could and would competently testify thereto. 2. On April 1, 2021, I sent a letter to the United States Attorney General and all State Attorneys General for the states in which the putative class members reside advising of updated information pursuant to the Court’s order. Attached to the April 1, 2021, letter were a copy of the Declaration of Jon M. Egan and attached Exhibit 1 (ECF No. 77); Supplemental Declaration of Jon M. Egan and attached Exhibit E (ECF No. 78); a copy of the Court’s March 24, 2021, order granting preliminary approval to revised settlement agreement, re-opening class period, and setting PAGE 1 – SUPPLEMENTAL DECLARATION OF DAVID G. LANE POWELL PC HOSENPUD IN SUPPORT OF JOINT MOTION FOR FINAL 601 S.W. SECOND AVENUE, SUITE 2100 PORTLAND, OREGON 97204 CLASS AND COLLECTIVE SETTLEMENT APPROVAL 503.778.2100 FAX: 503.778.2200 129544.0006/8540716.1 Case 3:17-cv-00275-SI Document 82 Filed 06/28/21 Page 2 of 7 schedule, and setting a final approval hearing for August 23, 2021 (ECF No. 79); and a copy of the Supplemental Notice correcting the opt-out deadline. Attached to my declaration as Exhibit 1, is a true and correct copy of the April 1, 2021, letter. (Exhibits to the letter are not included.) I declare under penalty of perjury that the foregoing is true and correct. Executed this 28th day of June 2021, at Portland, Oregon. David G. Hosenpud PAGE 2 – SUPPLEMENTAL DECLARATION OF DAVID G. LANE POWELL PC HOSENPUD IN SUPPORT OF JOINT MOTION FOR FINAL 601 S.W. SECOND AVENUE, SUITE 2100 PORTLAND, OREGON 97204 CLASS AND COLLECTIVE SETTLEMENT APPROVAL 503.778.2100 FAX: 503.778.2200 129544.0006/8540716.1 Case 3:17-cv-00275-SI Document 82 Filed 06/28/21 Page 3 of 7 DAVID G. HOSENPUD 503.778.2141 [email protected] April 1, 2021 VIA U.S. PRIORITY MAIL The United States Attorney General and All State Attorneys General (Identified on the Attached Distribution List) Re: Updated - Notice of Proposed Class Action Settlement Pursuant to 28 U.S.C. § 1715 in connection with Joseph Brinkmann, both in his individual capacity and, in addition, as a collective action on behalf of others similarly situated v. ABM Onsite Services—West, Inc., Case No. 3:17-cv-00275-SI (Lead Case) and 3:17-cv-00478-SI (Consolidated Case) (United States District Court for the District of Oregon, Portland Division) Dear Sir or Madam: In accordance with the Class Action Fairness Act of 2005, 28 U.S.C. § 1715 (“CAFA”), Lane Powell PC, on behalf of ABM Onsite Services – West, Inc. (“Defendant”) provided notice of a proposed settlement in the above-referenced matter in a letter to you dated March 23, 2020. In conjunction with that notice, a CD containing other pertinent documents was included with that letter. In a letter to you dated June 1, 2020, we advised that on May 13, 2020, the court issued an order requiring the parties file further briefing. An Amended Joint Motion for Preliminary Class and Collective Settlement Approval was filed on May 26, 2020 (“Amended Joint Motion”). The purpose of the Amended Joint Motion was to address some procedural concerns identified by the Court. Both the Order (ECF No. 56) and further briefing (ECF No. 57) can be accessed, along with other filings in the case, via the Public Access to Court Electronic Records system (PACER), https://pacer.login.uscourts.gov. As an update to the previous CAFA Notice letters, on June 2, 2020, the court issued another Order addressing the Amended Joint Motion for Preliminary Approval of the Class and Collective Settlement Approval. The court found that the terms of the Settlement Agreement are fair, reasonable, and adequate; the court denied the Amended Motion for Preliminary Approval based on some of the methodologies used for opting in; opting out and access to enable review of the motion for attorney fees and settlement by the Class/Collective members. The Court gave the parties leave to amend to cure those technical issues. A Renewed Joint Exhibit 1 Page 1 of 5 Case 3:17-cv-00275-SI Document 82 Filed 06/28/21 Page 4 of 7 The United States Attorney General and All State Attorneys General April 1, 2021 Page 2 Motion for Preliminary Class and Collective Settlement Approval addressing the concerns raised in the Court’s June 2, 2020, Order was filed on June 5, 2020. A copy of the Renewed Joint Motion for Preliminary Class and Collective Settlement Approval was previously provided. Also provided was an Order dated June 11, 2020, preliminarily approving the Renewed Joint Motion for Preliminary Approval of Class and Collective Settlement. The June 11, 2020, Order also set a “Final Approval Hearing” which is scheduled for November 30, 2020, at 10 a.m, in Courtroom 15B at the Mark O. Hatfield United States Courthouse, 1000 Southwest Third Avenue Portland, Oregon 97204. April 1, 2021 Update As a further update, on March 12, 2021, the Court issued an order requiring the parties to submit a revised settlement agreement and revised forms of notice. The Court stated the revised settlement agreement should reflect the way in which unawarded attorney’s fees and incentive awards will be distributed, and that the revised forms of notice should include the postcard or other notice relating to the re-opened class period, corresponding deadlines, and the content of the follow-on text messages and e-mails. The Court Ordered the parties to file the relevant documents no later than March 26, 2021. On March 18, 2021, counsel for plaintiff filed a Declaration attaching as an exhibit the revised amended settlement agreement with attached proposed forms of notice as requested by the Court. A copy of the Declaration of Jon M. Egan and attached Exhibit 1 (ECF No. 77), and Supplemental Declaration of Jon M. Egan and attached Exhibit E (ECF No. 78) are enclosed with this letter. On March 24, 2021, the Court signed an order granting preliminary approval to revised settlement agreement, re-opening class period, and setting schedule. The order set a “Final Approval Hearing” for August 23, 2021, at 1 p.m. in Courtroom 15B at the Mark O. Hatfield United States Courthouse, 1000 Southwest Third Avenue, Portland, Oregon 97204. (ECF No. 79). A copy of that order is enclosed with this letter. Also attached is a Supplemental Notice correcting the opt-out deadline. 17 U.S.C. § 1715(b)(3): Proposed Notifications to Class/Collective Members • The revised forms of notice to Joint Motion for Preliminary Class and Collective Settlement Approval (ECF No. 77) filed on March 18, 2021, in the Case includes a “long-form” that inform class members of the proposed settlement, the right to object or request exclusion from the class, how to exercise their right to request exclusion from this class, how to exercise their right to participate in the distribution of the settlement, how to exercise their right to object or request exclusion from the class, and the proposed plan of distribution. The proposed notice was attached as Exhibit C to the Amended Settlement and Release Agreement. Exhibit 1 Page 2 of 5 Case 3:17-cv-00275-SI Document 82 Filed 06/28/21 Page 5 of 7 The United States Attorney General and All State Attorneys General April 1, 2021 Page 3 • The revised forms of notice to Joint Motion for Preliminary Class and Collective Settlement Approval also describes the proposed notice plan submitted by the Plaintiffs. The long-form notice will be disseminated by first class mail, postage prepaid, to all individuals identified as potential class and collective members. If you have any questions about this notice, the litigation, the settlement, or the enclosure, or if you did not receive any of the above-listed materials, please contact me at 503.778.2141 or [email protected]. Very truly yours, LANE POWELL PC David G. Hosenpud DGH:ttg Enclosures Exhibit 1 Page 3 of 5 Case 3:17-cv-00275-SI Document 82 Filed 06/28/21 Page 6 of 7 DISTRIBUTION LIST U.S. ATTORNEY GENERAL The Honorable Monty Wilkinson Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 STATE ATTORNEYS’ GENERAL OFFICES Arizona Arkansas Mark Brnovich Leslie Rutledge Attorney General of the State of Arizona Attorney General of the State of Arkansas Office of the Attorney General Office of the Attorney General 2005 N. Central Avenue 323 Center Street, Suite 200 Phoenix, AZ 85004-2926 Little Rock, Arkansas 72201-2610 California Colorado CAFA Coordinator Phil Weiser Office of the Attorney General Attorney General of the State of Colorado Consumer Law Section Office of the Attorney General 455 Golden Gate Ave., Suite 11000 Ralph L.