Case 2:15-cv TSZ Document 102 Filed 12/06/18 Page 1 of 25 U.S. DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

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1 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 U.S. DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Honorable Thomas S. Zilly 0 SARAH CONNOLLY, individually and on behalf of all others similarly situated, v. UMPQUA BANK, Plaintiff, Defendant. NO. :-CV-00-TSZ PLAINTIFF S UNOPPOSED MOTION FOR ATTORNEYS FEES, COSTS, AND INCENTIVE AWARD Note on Motion Calendar: February, 0 NO. :-CV-00-TSZ High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

2 Case :-cv-00-tsz Document 0 Filed /0/ Page of TABLE OF CONTENTS 0 Page No. I. INTRODUCTION... II. BACKGROUND... A. Summary Of The Claims And Class Counsel s Efforts... B. The Settlement... C. Class Counsel s Experience And Efforts to Secure Benefits for the Class... III. AUTHORITY AND ARGUMENT... A. The Requested Attorneys Fees And Costs Are Reasonable.... Percentage of the Fund Analysis Supports Counsel s Fee Request... a) Class Counsel Achieved An Excellent Settlement For The Class... b) Class Counsel Assumed A Significant Risk Of No Recovery... c) Class Counsel s Skill And Quality Of Work Delivered A Recovery For The Class... 0 d) Awards In Similar Cases Show That The Requested Fee Is Reasonable.... Lodestar Analysis Confirms That The Requested Fee Is Reasonable... a) Class Counsel s Hourly Rates Are Reasonable... b) Class Counsel Expended A Reasonable Number Of Hours Litigating The Case... c) Class Counsel s Requested Fee Reflects a Negative Multiplier.... Class Counsel s Litigation Costs Were Necessarily And Reasonably Incurred.... The Named Plaintiff s Incentive Award Of $,00 Should Be Approved... IV. CONCLUSION... 0 NO. :-CV-00-TSZ - i High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

3 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 Cases TABLE OF AUTHORITIES Page(s) Aceves v. Autozone Inc., No. :-cv-0, ECF No. (C.D. Cal. Nov., 0)... In re Aftermarket Auto. Lighting Prods. Antitrust Litig., No. 0 MDL 00, 0 WL (C.D. Cal. Jan. 0, 0)... In re Bluetooth Headset Prods. Liab. Litig., F.d (th Cir. 0)...,, Blum v. Stenson, U.S. ()... Brown v. Lowe s, :-cv-000 (W.D.N.C. Nov., 0)... In re Capital One Tel. Consumer Prot. Act Litig., 0 F. Supp. d (N.D. Ill. 0)... Chakejian v. Equifax Info. Servs., LLC, F.R.D. 0 (E.D. Pa. 0)... In re Coordinated Pretrial, 0 F.d at 0... Corson v. Toyota Motor Sales U.S.A., Inc., No. CV --JGB, 0 WL (C.D. Cal. Apr., 0)... Craft v. Cnty. of San Bernardino, F. Supp. d (C.D. Cal. 00)... Dennings v. Clearwire Corp, 0 WL (W.D. Wash. May, 0)... Destefano v. Zynga, Inc., No. -cv-000-jsc, 0 WL (N.D. Cal. Feb., 0)...0 Feist v. Petco Animal Supplies, Inc., C.A. No. :-cv-0-h-msb, 0 WL 000 (S.D. Cal. Nov., 0)... NO. :-CV-00-TSZ - ii High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

4 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 Ford v. CEC Entertainment Inc., No. cv JLS (JLB), 0 WL 0 (S.D. Cal. Dec., 0)... Glass v. UBS Fin. Servs., Inc., F. App x (th Cir. 00)..., Gustafson v. Valley Ins. Co., No. CV 0--BR, 00 WL 00 (D. Or. Oct., 00)... Hopkins v. Stryker Sales Corp., No. -CV-0-LHK, 0 WL (N.D. Cal. Feb., 0)... Ikuseghan v. Multicare Health Sys., No. C - BHS, 0 WL (W.D. Wash. Aug., 0)... James v. JPMorgan Chase Bank, N.A., No. :-cv--t- JSS, 0 WL (M.D. Fla. June, 0)... Jenson. v. First Tr. Corp., No. CV 0- ABC, 00 WL (C.D. Cal. June, 00)...0 Knight v. Red Door Salons, Inc., No. 0-00, 00 WL (N.D. Cal. Feb., 00)... Krakauer v. Dish Network, L.L.C., No. :-cv-00, 0 WL 0 (M.D.N.C., 0)... Landrum v. Acadian Ambulance Serv., Inc., No. -cv-, ECF No. (S.D. Tex. Nov., 0)... Lees v. Anthem Ins. Cos., Inc., No. :-cv- SNLJ, 0 WL 0 (E.D. Mo. June 0, 0)... Lofton v. Verizon Wireless (VAW) LLC, No. C -0 YGR, 0 WL (N.D. Cal. May, 0)... Lushe v. Verengo, Inc., No. CV-0-AB (C.D. Cal. May, 0)... Manuel v. Wells Fargo Bank, N.A., No. :-cv- (E.D. Va. Dec., 0)... Mark v. Valley Ins. Co., No. CV 0--BR, 00 WL (D. Or. May, 00)... Meilleur v. AT&T Corp. C-00 MJP (W.D. Wash. Mar. 0)... NO. :-CV-00-TSZ - iii High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

5 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 Melito v. Am. Eagle Outfitters, Inc., No. -cv-0 (VEC), 0 WL (S.D.N.Y. Sept., 0)... Moore v. Aerotek, Inc., No. :-cv-0, 0 WL (S.D. Ohio June 0, 0)... Moreno v. City of Sacramento, F.d 0 (th Cir. 00)... Nesbitt v. Postmates, Inc., No. CGC-- (Cal. Sup. Ct. San Francisco County Nov., 0)... In re Omnivision Techs., Inc., F. Supp. d 0 (N.D. Cal. 00)..., In re Online DVD-Rental Antitrust Litig., F.d (th Cir. 0)...,, Patel v. Trans Union, LLC, No. -cv-00-lb, 0 WL (N.D. Cal. Mar., 0)... Patrick v. Interstate Mgmt. Co., LLC, No. :-cv-, ECF No. (M.D. Fla. Apr., 0)... Pelletz v. Weyerhaeuser Co., F. Supp. d (W.D. Wash. 00)... Perkins v Linkedin Corp., No. -cv-00-lhk, 0 WL (N.D. Cal. Feb., 0)... Pokorny v. Quixtar, Inc., No. C 0 00 SC, 0 WL 0 (N.D. Cal. July, 0)... Razilov v. Nationwide Mut. Ins. Co., No. 0-CV--BR, 00 WL 0 (D. Or. Nov., 00)... Rinky Dink, Inc. v. Electronic Merchant Systems, Inc., No. C--JCC (W.D. Wash. Apr., 0)... Rinky Dink, Inc. v. World Business Lenders, LLC, No. :-cv-0-jcc (W.D. Wash. May, 0)... Santos v. Jaco Oil Co., No. :-CV-0 -JLT, 0 WL (E.D. Cal. Sept., 0)... Spokeo, Inc. v. Robbins, S. Ct. 0 (0)... NO. :-CV-00-TSZ - iv High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

6 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 Staton v. Boeing Co., F.d (th Cir. 0)... Steiner v. Am. Broad. Co., Fed. Appx. 0 (th Cir. 00)... Trevino v. Gates F.d (th Cir. )... Van Vranken v. Atl. Richfield Co., 0 F. Supp. (N.D. Cal. )... Villalpando v. Exel Direct, Inc., 0 WL 0 (N.D. Cal. Dec., 0)... Vincent v. Hughes Air W., F.d (th Cir. )... Vizcaino v. Microsoft Corp., 0 F.d 0 (th Cir. 00)...,, 0, Walker v. McClane/Midwest, Inc., No. :-cv-0 (W.D. Mo. Oct., 0)... In re Yahoo Mail Litig., No. -CV-0-LHK, 0 WL (N.D. Cal. Aug., 0)... Zwicker v. Gen. Motors Corp., No. C0-0 JCC (W.D. Wash. 00)... Statutes U.S.C. a-x... passim U.S.C. n(a)()... U.S.C. o(a)()... U.S.C. (b)... Rules Fed. R. Civ. P. (h)... NO. :-CV-00-TSZ - v High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

7 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 I. INTRODUCTION Plaintiff and Class Counsel litigated this FCRA class action over more than three years, engaged in mediation and extensive negotiations with Defendant Umpqua Bank, and ultimately achieved a favorable settlement on behalf of the Settlement Class. The Settlement, if approved, will provide cash awards to Settlement Class Members, immediately, without the need for a claim form. To compensate them for their efforts, Class Counsel request a fee award of $,00, 0% of the $,000 Settlement Fund, plus reimbursement for litigation costs of $,000. Class Counsel s request accounts for the results they obtained for the Class given the risks they faced in prosecuting this action and the quality of their work. A lodestar crosscheck confirms the reasonableness of their request, as the amount requested is substantially less than Class Counsel s lodestar. Class Counsel also request that the Court approve an incentive award to the Plaintiff, Sarah Connolly, in the amount of $,00 for her efforts on behalf of the Class. Ms. Connolly has participated in this action since its inception. She assisted in Class Counsel s investigation, responded to written discovery requests, and was ready and willing to testify at trial. A $,00 incentive award for her efforts is reasonable and appropriate. II. BACKGROUND A. Summary Of The Claims And Class Counsel s Efforts Plaintiff filed this putative class action on April, 0, alleging that Umpqua s 0 background check practices violated the FCRA, U.S.C. a-x. Dkt. No.. Class Counsel s work on the case began before the action commenced. The action presented a number of potential litigation challenges. From the outset, the case was actively litigated. On July, 0, Umpqua moved to dismiss the complaint for failure to state a claim. Dkt. No. 0. That motion was denied in part NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

8 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 and allowed in part on October, 0. Dkt. No.. The Court dismissed one count relating to the failure to provide adverse action notices. On December, 0, Umpqua filed a motion to stay the litigation pending the outcome of the Supreme Court s ruling in Spokeo, Inc. v. Robbins, S. Ct. 0 (0), which was to address what constitutes an injury and standing when a plaintiff asserts a violation of a statutory right but no concrete injury. Dkt. No.. Ms. Connolly opposed the stay request on the grounds that she alleged concrete injuries. Dkt. No.. The Court granted the stay on January, 0. Dkt. No.. On June, 0, after the Supreme Court decided Spokeo and the stay was lifted, Umpqua filed a new motion to dismiss for lack of subject matter jurisdiction, based on the Spokeo ruling, and arguing that Ms. Connolly had not adequately alleged an injury for purposes of standing under the test established in Spokeo. Dkt. No.. That motion was denied on November, 0, after oral argument. Dkt. No.. Shortly thereafter Umpqua filed a motion for certification pursuant to U.S.C. (b) and to stay the case. Dkt. No.. That motion was denied as well. Dkt. No.. On January, 0, Plaintiff filed a motion to amend the complaint to clarify and further support her allegations of injury and willfulness. Dkt. No. 0. That motion was granted over Defendant s objection. Dkt. No.. Later, and well into the litigation, Umpqua disclosed that some class members signed agreements which it claimed required them to arbitrate their FCRA claims. See Declaration of Elizabeth Ryan ( Ryan Decl. ) 0. While Plaintiff believes there are grounds to challenge the arbitration agreements, their existence created additional uncertainty, including to class certification, and would require further motions practice and delay if Plaintiff was to continue litigating the case. In March and April of 0, Umpqua produced a number of additional documents in NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

9 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 response to Plaintiff s discovery requests. See Ryan Decl. The documents related to the varying disclosure forms used to obtain credit and background checks on job applicants and employees, and the size of the potential class. See id. In July 0, the parties agreed to participate in an in person mediation in Seattle with Teresa A. Wakeen, J.D. Prior to mediating, Plaintiff requested and Umpqua agreed to share additional information regarding the size of the potential settlement class, as well as information about its background check practices and policies throughout the class period. Id.. Plaintiff s counsel entered mediation with a comprehensive understanding of the class claims and Umpqua s defenses. Although no agreement was reached during the mediation, the parties continued to engage in substantive discussions in the months that followed. Id.. Ultimately, the parties were able to reach an agreement in December 0 that was preliminarily approved by the Court on August, 0. Dkt. No.. Litigating the claims in this case would not be risk-free. Plaintiff is confident in the strength of her case but also aware of the risks related to getting a class certified in a case like this, and maintaining certification, where the defendant alleges that varying policies existed, and where arbitration has been raised. Moreover, even if Plaintiff prevailed on certification, she would still have had to prove that Umpqua s violation of the FCRA was willful, which would require the parties to potentially undergo additional discovery and briefing or a jury trial. A FCRA plaintiff can recover only when the defendant has acted negligently or willfully, and when the defendant s violation was at most negligent, recovery is limited to actual damages. U.S.C. n(a)(), o(a)(). Because Plaintiff did not allege any actual damages, she would have been required to prove that Umpqua s conduct was willful to recover statutory damages for herself and any purported class. See Chakejian v. Equifax Info. Servs., LLC, NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

10 Case :-cv-00-tsz Document 0 Filed /0/ Page 0 of 0 0 F.R.D. 0, (E.D. Pa. 0) (proving willfulness in FCRA case was a high hurdle to clear and weighed in favor of settlement approval). B. The Settlement The Settlement Agreement requires Umpqua to pay $,000 to establish a common Settlement Fund. The Settlement Fund will be used to make payments to Settlement Class Members and to pay, subject to Court approval, a class representative incentive award in the requested amount of $,00, attorneys fees in the requested amount of $,00, the out-ofpocket litigation costs that Plaintiff s counsel incurred of $,000, and notice and settlement administration costs, which are estimated at $,000. The Settlement Fund is non-reversionary, ensuring that the monetary benefits will go to the Settlement Class; none of the Settlement Fund will be returned to Umpqua. If the Court approves counsel s requested fees, costs, and incentive award and notice costs, approximately $,0 will remain in the Settlement Fund. The Settlement calls for this amount to be divided equally among all Settlement Class Members who do not opt out. Plaintiff estimates that each Settlement Class Member will receive approximately $. Ryan Decl.. This recovery compares very favorably with other settlements that have been approved in similar FCRA disclosure violation class actions. See Nesbitt v. Postmates, Inc., No. CGC-- (Cal. Sup. Ct. San Francisco County Nov., 0) (disclosure class members received approximately $.0 and adverse action class members received approximately $.0); Moore v. Aerotek, Inc., No. :-cv-0, 0 WL, at * (S.D. Ohio June 0, 0) (percapita gross recovery of $ in case involving a stand-alone disclosure claim and a claim that employer did not provide a copy of consumer report); Aceves v. Autozone Inc., No. :-cv- 0, ECF No. (C.D. Cal. Nov., 0) (final approval of FCRA settlement with gross recovery of $0 per disclosure class member); Brown v. Lowe's, :-cv-000, ECF No. NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

11 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 (W.D.N.C. Nov., 0) (granting final approval of a pre-adverse action claim in which the gross recovery was $0 per class member); Patrick v. Interstate Mgmt. Co., LLC, No. :-cv-, ECF No. (M.D. Fla. Apr., 0) (final approval of FCRA disclosure claim where class members received $ each); Landrum v. Acadian Ambulance Serv., Inc., No. -cv-, ECF No. (S.D. Tex. Nov., 0) (final approval of FCRA disclosure settlement of $0 per person); Walker v. McClane/Midwest, Inc., No. :-cv-0, ECF No. (W.D. Mo. Oct., 0) (final approval of FCRA settlement in which disclosure class members recovered $). C. Class Counsel s Experience And Efforts to Secure Benefits for the Class The specific qualifications of Class Counsel are set forth in the accompanying Declarations of Elizabeth Ryan and Nicholas Ortiz and are incorporated herein. As a result of their experience in this area, Class Counsel was able to efficiently and effectively litigate this action and had the credibility necessary to negotiate a fair and reasonable settlement on behalf of the Class. Class Counsel has worked without compensation or reimbursement for their time and out-of-pocket expenses necessary to position this case for settlement. Ryan Decl.. Before taking on this case, Plaintiff and Class Counsel negotiated a customary contingency fee of up to one-third, with the understanding that this amount was an appropriate incentive for Class Counsel to take on the financial risks involved in the representation. Id.. Class Counsel also agreed to advance all costs of this litigation. Id.. Plaintiff and Class Counsel agreed that Class Counsel would receive reimbursement for their costs from the value of a successful settlement or judgment. Id. In the event that Class Counsel did not successfully resolve this matter, they would have been paid nothing and would have been required to absorb all costs that were advanced as well as the value of their time. Although the parties settled this case before trial, Class Counsel has invested a substantial NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

12 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 amount of time and resources investigating, litigating, and negotiating a resolution of this action. Id.. Tasks performed by Class Counsel thus far include: () investigating the claims; () communicating with Plaintiff; () researching and drafting the complaint; () researching and drafting responses to Defendant s motions to dismiss, motion to stay, and motion for interlocutory review; () amending the complaint; () exchanging and reviewing discovery; () researching and drafting their mediation brief; () preparing for and participating in mediation; () engaging in extended settlement negotiations with Defendant; (0) drafting the Settlement Agreement and class notices; () drafting the preliminary approval brief; and () overseeing administration of the Settlement. Ryan Decl.. Class Counsel s fee summaries demonstrate the amount of time spent on this litigation. See Ryan Decl. ; Declaration of Nicholas F. Ortiz ( Ortiz Decl. ). To date, Class Counsel s combined lodestar is $,0, more than the fee requested. Ryan Decl.. Class Counsel also anticipate contributing additional time and effort to this case, including drafting final approval papers, and continuing to oversee settlement administration. Id.. III. AUTHORITY AND ARGUMENT A. The Requested Attorneys Fees And Costs Are Reasonable Class Counsel requests that the Court approve a payment of $,00 in fees, and $,000 0 for their actual, out-of-pocket expenses. Class Counsel fully disclosed to the Class their intent to request fees and costs, and the amount and manner in which such fees and costs would be paid, in the Court-approved notice. Where, as here, counsel to a class action seek fees from the common fund, courts can use either the percentage-of recovery or lodestar method to determine a reasonable fee. Vizcaino v. Microsoft Corp., 0 F.d 0, 0 (th Cir. 00); In re Bluetooth Headset Prods. Liab. Litig., F.d, (th Cir. 0) ( Though courts have discretion to choose which NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

13 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 calculation method they use, their discretion must be exercised to achieve a reasonable result. ); see also In re Omnivision Techs., Inc., F. Supp. d 0, 0 (N.D. Cal. 00) (observing that use of the percentage method in common fund cases appears to be dominant ). While the percentage of fund method is more appropriate when a common fund has been created for the benefit of class members, Glass v. UBS Fin. Servs., Inc., F. App x, (th Cir. 00), Class Counsel s request is reasonable under either method.. Percentage of the Fund Analysis Supports Counsel s Fee Request The percentage-of-the-fund method is the appropriate method for determining a reasonable fee in this case. The benefit to the Class is easily quantified. Class Counsel s efforts resulted in a $,000 Settlement Fund, all of which will be distributed to Settlement Class Members after settlement administration expenses, court-approved fees and costs, and courtapproved incentive award, are deducted. The Ninth Circuit has instructed that, in common fund cases, a % attorneys fee award is a benchmark figure with common fund fees typically ranging from 0% to 0% of the fund. In re Coordinated Pretrial, 0 F.d at 0 (citation omitted); Vizcaino, 0 F.d at 0-. And several courts have observed, most settlements involving a common fund [ ] exceed the twenty-five percent benchmark. Ford v. CEC Entertainment Inc., No. cv JLS (JLB), 0 WL 0, at * (S.D. Cal. Dec., 0) (citation omitted). Indeed, while [t]he Ninth Circuit uses a % baseline in common fund class actions in most common fund cases, the award exceeds that benchmark, with a 0% award the norm absent extraordinary circumstances that suggest reasons to lower or increase the percentage. Pokorny v. Quixtar, Inc., No. C 0 00 SC, 0 WL 0, at * (N.D. Cal. July, 0), citing In re Omnivision Techs. Inc., F. Supp. d 0, 0 (N.D. Cal. 00) (internal quotations omitted). NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

14 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 In determining an appropriate attorney fee award, a court should consider all of the circumstances of the case. Vizcaino, 0 F.d at 0. Relevant circumstances include: () the results achieved for the class, () the risk counsel assumed, () the skill required and the quality of the work, () the contingent nature of the fee, () whether the fee is above or below the market rate, and () awards in similar cases. Id. at 0-0. Consideration of the circumstances of [this] case, Vizcaino, 0 F.d at 0, confirm that an award of 0% is appropriate. a) Class Counsel Achieved An Excellent Settlement For The Class Cognizant of the challenges of this litigation that could have prevented Settlement Class Members from recovering anything, Class Counsel set their sights on a resolution that would ensure Settlement Class Members received some financial compensation for their injuries. As described above, they cleared multiple early procedural hurdles in defeating Umpqua s motions to dismiss. They then focused on marshalling key evidence by serving discovery on Umpqua. They addressed Umpqua s efforts to potentially derail the class action by raising the issue of arbitration. By obtaining the documents most necessary to prove their claims, Class Counsel were in a good position to discuss settlement at the mediation with Ms. Wakeen in July 0. Ryan Decl.. Although it took several additional months of negotiations to reach a Settlement, the parties agreed to a $,000 Settlement Fund that will pay Settlement Class Members approximately $ each. This is a highly favorable outcome for the class in any FCRA case. See In re Omnivision, F. Supp. d at 0 ( The overall result and benefit to the class from the litigation is the most critical factor in granting a fee award. ). The Settlement in this case is in line with (and in fact superior to many) other FCRA settlements in this circuit and around the country. See, e.g., cases cited at II.B. supra, and Feist v. Petco Animal Supplies, Inc., C.A. No. NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

15 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 :-cv-0-h-msb, 0 WL 000 (S.D. Cal. Nov., 0) (approving FCRA disclosure class with $0 per class member recovery); Manuel v. Wells Fargo Bank, N.A., No. :-cv-, ECF No. (E.D. Va. Dec., 0) (class member recovery of $). The efficiency with which Class Counsel obtained this Settlement is itself a benefit to the Class. Courts recognize that classes benefit from resolution when further litigation would have delayed any potential recovery for the Class and have been costly and risky. Perkins v Linkedin Corp., No. -cv-00-lhk, 0 WL, at * (N.D. Cal. Feb., 0). Among other things, absent settlement, Plaintiff would have had to prevail at class certification, likely defend against a motion for summary judgment, and then prevail at trial, and on appeal. See also In re Aftermarket Auto. Lighting Prods. Antitrust Litig., No. 0 MDL 00, 0 WL, at * (C.D. Cal. Jan. 0, 0) (recognizing the benefit of counsel s effective and efficient prosecution of the case). b) Class Counsel Assumed A Significant Risk Of No Recovery Class Counsel handled this case on a wholly contingency basis and undertook the risk of no recovery. See In re Online DVD-Rental Antitrust Litig., F.d, - (th Cir. 0); Vizcaino, 0 F.d at 0; see also Jenson. v. First Tr. Corp., No. CV 0- ABC, 00 WL, at * (C.D. Cal. June, 00) ( Uncertainty that any recovery ultimately would be obtained is a highly relevant consideration. Indeed, the risks assumed by Counsel, particularly the risk of non-payment or reimbursement of expenses, is important to determining a proper fee award. (internal citation omitted)). This is especially true where, as here, class counsel has significant experience in the particular type of litigation at issue; indeed, in such contexts, courts have awarded an even higher percent fee award. Id. (citing In re Heritage Bond Litig., No. Although this action has been pending for approximately three years, it is in the relatively early stages of litigation because of the lengthy stay and multiple motions to dismiss. NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

16 Case :-cv-00-tsz Document 0 Filed /0/ Page of ML- DT, 00 WL 0, at * (C.D. Cal. June 0, 00)). Class Counsel have significant experience litigating consumer protection claims, including FCRA claims. Ryan Decl.. And this litigation involved risk and uncertainty for the reasons discussed at - supra. c) Class Counsel s Skill And Quality Of Work Delivered A Recovery For The Class Despite the challenges involved, Class Counsel were able to litigate this case efficiently because of their experience in litigating class action cases. Class Counsel have litigated dozens of cases achieving a successful resolution in many, but also losing some. Ryan Decl. 0. This depth of experience with consumer claims and class action litigation allowed Class Counsel to pursue the case and negotiate a settlement that capitalized on the claims strengths while taking into account the risks of continued litigation. See, e.g., Ryan Decl.. The quality of opposing counsel is also relevant to the quality and skill that class counsel provided, Destefano v. Zynga, Inc., No. -cv-000-jsc, 0 WL, at * (N.D. Cal. Feb., 0). Umpqua s counsel indicated early in the litigation that it planned to aggressively challenge Plaintiff s claims, as demonstrated by the memoranda Umpqua filed in support of its motions to dismiss. See e.g., Dkt. No.. Class Counsel s ability to negotiate a favorable settlement despite the quality of work done by Umpqua s counsel supports their fee request. See, e.g., Lofton v. Verizon Wireless (VAW) LLC, No. C -0 YGR, 0 WL, at * (N.D. Cal. May, 0) (the risks of class litigation against an able defendant well able to defend itself vigorously support an upward adjustment in the fee award); Knight v. Red Door Salons, Inc., No. 0-00, 00 WL, at * (N.D. Cal. Feb., 00) (where defense counsel understood the legal uncertainties in this case[] and were in a position to mount a vigorous defense, the favorable settlement was a testament to Plaintiffs counsel s skill ). NO. :-CV-00-TSZ - 0 High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

17 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 d) Awards In Similar Cases Show That The Requested Fee Is Reasonable An award of 0% of the common fund is consistent with fee awards in other FCRA class settlements in this circuit. See, e.g., Santos v. Jaco Oil Co., No. :-CV-0 -JLT, 0 WL, at * (E.D. Cal. Sept., 0) (in FCRA class action, awarding a fee of.% of the $00,000 settlement fund); Patel v. Trans Union, LLC, No. -cv-00-lb, 0 WL, at * (N.D. Cal. Mar., 0) (in FCRA class action, awarding a fee of.% of the $ million settlement fund); Razilov v. Nationwide Mut. Ins. Co., No. 0-CV--BR, 00 WL 0, at * (D. Or. Nov., 00) (awarding a fee of 0% of a $,,000 settlement fund); Mark v. Valley Ins. Co., No. CV 0--BR, 00 WL, at * (D. Or. May, 00) (awarding a fee of 0% of a $, settlement fund); Gustafson v. Valley Ins. Co., No. CV 0--BR, 00 WL 00, at * (D. Or. Oct., 00) (awarding a fee of 0% of a $,00. settlement fund). Moreover, courts in this circuit and around the country frequently award fees equal to 0% or more of the settlement fund in consumer cases. Less than two years ago, the District Court for the Western District of Washington awarded a fee of 0% of a $. million settlement fund in a TCPA consumer class action. Ikuseghan v. Multicare Health Sys., No. C - BHS, 0 WL, at * (W.D. Wash. Aug., 0). Other courts have made similar fee awards in consumer class actions. On December, 0, Judge Eagles of the Middle District of North Carolina awarded Bailey & Glasser a fee of.% in a TCPA class action that resulted in a $ million judgment, a fee that represented a. lodestar multiplier, and approved Bailey & Glasser s hourly rates. Krakauer v. Dish Network, L.L.C., No. :-cv-00, 0 WL 0 (M.D.N.C., 0). See also, e.g., In re Capital One Tel. Consumer Prot. Act Litig., 0 F. Supp. d, 0 (N.D. Ill. 0) (determining that the typical attorneys fee award in a consumer NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

18 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 case is 0% of the first $0 million recovered for the class); Melito v. Am. Eagle Outfitters, Inc., No. -cv-0 (VEC), 0 WL, at * (S.D.N.Y. Sept., 0) (awarding a fee of 0% of a $,00,000 settlement fund); James v. JPMorgan Chase Bank, N.A., No. :-cv- -T- JSS, 0 WL, at * (M.D. Fla. June, 0) (awarding a fee of 0% of a $. settlement fund); Lees v. Anthem Ins. Cos., Inc., No. :-cv- SNLJ, 0 WL 0, at * (E.D. Mo. June 0, 0) (awarding a fee of % of a $. million fund). This is also not a case in which a megafund settlement would provide Class Counsel with a windfall. See In re Bluetooth, F.d at. Consideration of all the relevant factors confirms the reasonableness of a fee award of 0% of the settlement fund.. Lodestar Analysis Confirms That The Requested Fee Is Reasonable In the Ninth Circuit, courts may use a rough calculation of the lodestar as a crosscheck to assess the reasonableness of an award based on the percentage method. Vizcaino, 0 F.d at 00 ( [W]hile the primary basis of the fee award remains the percentage method, the lodestar may provide a useful perspective on the reasonableness of a given percentage award. ); see also Glass, F. App x at - (affirming a fee award of % of a settlement fund with an informal lodestar crosscheck and despite the relatively low time-commitment by plaintiff s counsel because the district court did not abuse its discretion in giving weight to other factors, such as the results achieved for the class and the favorable timing of the settlement ). Courts use a two-step process in applying the lodestar method. First, the court calculates the lodestar figure by multiplying the number of hours reasonably expended by a reasonable rate. Moreno v. City of Sacramento, F.d 0, (th Cir. 00). Once the lodestar is determined, the amount may be adjusted to account for several factors, such as the benefit obtained for the class, the risk of nonpayment, the complexity and novelty of the issues presented, and awards in NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

19 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 similar cases. See In re Bluetooth, F.d at. Foremost among the considerations is the benefit obtained for the class. Id. Here, Class Counsel s total lodestar is $,0, and their total hours are 0. Their lodestar is significantly more than the requested fees, further supporting its reasonableness. a) Class Counsel s Hourly Rates Are Reasonable In determining a reasonable rate, the court considers the experience, skill and reputation of the attorney requesting fees. Trevino v. Gates F.d, (th Cir. ). The court also considers the prevailing market rates in the relevant community. Blum v. Stenson, U.S., (). Class Counsel are experienced, highly regarded members of the bar with extensive expertise in the area of class actions and complex litigation involving consumer claims like those at issue here. Class Counsel set their rates for attorneys and staff members based on a variety of factors, including, among others: the experience, skill and sophistication required for the types of legal services typically performed; the rates customarily charged in the markets where legal services are typically performed; and the experience, reputation and ability of the attorneys and staff members. Ryan Decl.. The rates charged for attorneys and staff members working on this matter range from $00 to $0, with the majority of the work performed by Ms. Ryan at an hourly rate of $0; and Mr. Ortiz at an hourly rate of $0. See Ryan Decl. ; Ortiz Decl.. These are the rates Class Counsel charge in similar matters, and these rates have been approved by state and federal courts in other contingent matters. See Ryan Decl. -; Ortiz Decl.,. Class Counsel s rates are also consistent with those approved by courts in awarding fees in other class action cases. See Rinky Dink, Inc. v. World Business Lenders, LLC, No. :-cv- 0-JCC, Order Granting Final Approval of Class Settlement, ECF No. at (W.D. Wash. May, 0) (approving partners rates of $00 $0 per hour); Lushe v. Verengo, Inc., No. NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

20 Case :-cv-00-tsz Document 0 Filed /0/ Page 0 of 0 0 CV-0-AB, Final Judgment and Order of Dismissal, ECF No. at (C.D. Cal. May, 0) (approving hourly rates of $00 $0 for senior associates and partners); Rinky Dink, Inc. v. Electronic Merchant Systems, Inc., No. C--JCC, ECF Nos. and (W.D. Wash. Apr., 0) (approving hourly rates up to of $0 $0 for senior associates and partners); Zwicker v. Gen. Motors Corp., No. C0-0 JCC (W.D. Wash. 00) (approving partners hourly rates up to $0). b) Class Counsel Expended A Reasonable Number Of Hours Litigating The Case The number of hours that Class Counsel devoted to investigation, discovery, motion practice, and achieving a favorable settlement is reasonable. Generally, hours are reasonable if they were reasonably expended in pursuit of the ultimate result achieved in the same manner that an attorney traditionally is compensated by a fee-paying client. Villalpando v. Exel Direct, Inc., 0 WL 0, at * (N.D. Cal. Dec., 0) (quoting Hensley v. Eckerhart, U.S., ()). Class Counsel have provided the Court with a summary of their hours worked on this case from their billing records. Ryan Decl. ; Ortiz Decl.. Class Counsel billed a total of 0 hours in three years of litigating and settling this case. Ryan Decl.. Class Counsel worked collaboratively, but also took care to avoid duplication of effort by dividing tasks according to each professional s skill, experience, and availability, both within and amongst the firms. Id.. Class Counsel s experience in litigating class action cases allowed them to quickly hone in on the critical factual and legal issues and focus their informal and formal discovery efforts on those issues. The key issues included Umpqua s liability for its form disclosures Plaintiff alleged violated the FCRA. Following targeted discovery, and with Umpqua s motion for summary judgment and Plaintiff s motion for class certification on the horizon, the parties began NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

21 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 settlement discussions. Class Counsel put in the time necessary to develop the central facts of their case and assess the legal issues that would shape the outcome but did so with the goal of achieving an early resolution that ensured class members a recovery. Class Counsel s time records reflect the reasonableness of their efforts. c) Class Counsel s Requested Fee Reflects a Negative Multiplier The requested fee represents a negative multiplier of approximately. from Counsel s lodestar. Courts in the Ninth Circuit have endorsed and approved attorneys fee awards with positive multipliers in excess of.. See Van Vranken v. Atl. Richfield Co., 0 F. Supp., (N.D. Cal. ) (approving multiplier of.); Steiner v. Am. Broad. Co., Fed. Appx. 0, (th Cir. 00) (upholding % fee award yielding multiplier of., finding that it falls well within the range of multipliers that courts have allowed ); Craft v. Cnty. of San Bernardino, F. Supp. d, (C.D. Cal. 00) (approving % fee award yielding a multiplier of. and stating that there is ample authority for such awards resulting in multipliers in this range or higher ). Thus, Class Counsel s fee request reflecting a negative multiplier is reasonable. See also Dennings v. Clearwire Corp, 0 WL, at * (W.D. Wash. May, 0) (finding reasonable a fee request with a negative multiplier of between. and.).. Class Counsel s Litigation Costs Were Necessarily And Reasonably Incurred Rule (h) authorizes courts to award costs authorized by law or the parties agreement. Attorneys who create a common fund are entitled to reimbursement of their out-of-pocket expenses so long as they are reasonable, necessary and directly related to the work performed on behalf of the class. Vincent v. Hughes Air W., F.d, (th Cir. ); see also Corson v. Toyota Motor Sales U.S.A., Inc., No. CV --JGB, 0 WL, at * (C.D. Cal. NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

22 Case :-cv-00-tsz Document 0 Filed /0/ Page of 0 0 Apr., 0) ( Expenses such as reimbursement for travel, meals, lodging, photocopying, longdistance telephone calls, computer legal research, postage, courier service, mediation, exhibits, documents scanning, and visual equipment are typically recoverable ); Hopkins v. Stryker Sales Corp., No. -CV-0-LHK, 0 WL, at * (N.D. Cal. Feb., 0) (awarding costs for document review, depositions, and experts). Class Counsel have provided the Court with a summary that breakdown their litigation costs by category. These costs, the bulk of which were incurred for mediation, total more than $,000. Ryan Decl... The Named Plaintiff s Incentive Award Of $,00 Should Be Approved Plaintiff also requests an incentive payment of $,00 in recognition of Plaintiff s efforts on behalf of the Class, which included assisting counsel with the investigation, discovery, litigation and settlement. The Ninth Circuit has explained that service awards that are intended to compensate class representatives for work undertaken on behalf of a class are fairly typical in class action cases. In re Online DVD, F.d at (quoting Rodriguez v. W. Publishing, F.d, - (th Cir. 00)). The factors courts consider include the class representative s actions to protect the interests of the class, the degree to which the class has benefitted from those actions, the time and effort the class representative expended in pursuing the litigation, and any risk the class representative assumed. Staton v. Boeing Co., F.d at (th Cir. 0). The requested $,00 incentive award is reasonable, particularly since it is half of the Ninth Circuit s benchmark for service awards. See In re Yahoo Mail Litig., No. -CV-0- LHK, 0 WL, at * (N.D. Cal. Aug., 0) ( The Ninth Circuit has established $, as a reasonable benchmark [for service awards]. ); Pelletz v. Weyerhaeuser Co., F. Supp. d, -0 & n. (W.D. Wash. 00) (approving $,00 incentive awards where NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

23 Case :-cv-00-tsz Document 0 Filed /0/ Page of the plaintiffs assisted class counsel, responded to discovery, and reviewed settlement terms, and collecting decisions approving service awards ranging from $,000 to $0,000); see also In re Online DVD, F.d at (rejecting argument that a $,000 incentive award created a conflict of interest between the plaintiff and class members who received payments of $ from the settlement fund). IV. CONCLUSION Class Counsel request that the Court approve a fee award of $,00, plus $,000 for 0 0 reimbursement of litigation costs. Plaintiff requests an incentive award of $,00 in recognition of her representation of the Class in this case. RESPECTFULLY SUBMITTED AND DATED this th day of December 0. By: /s/ Elizabeth Ryan Elizabeth Ryan (admitted pro hac vice) High Street, Suite 0 Boston, Massachusetts 00 T: () -0 F: () - eryan@baileyglasser.com Beth E. Terrell, WSBA # TERRELL MARSHALL LAW GROUP PLLC North th Street, Suite 00 Seattle, WA 0 T: (0) -0 F: (0) -0 bterrell@terrellmarshall.com Nicholas F. Ortiz LAW OFFICE OF NICHOLAS F. ORTIZ, P.C High Street, Suite 0 Boston, Massachusetts 00 T: () -00 F: () nfo@mass-legal.com NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

24 Case :-cv-00-tsz Document 0 Filed /0/ Page of Michael L. Murphy, WSBA # 0 st Street, NW, Suite 0 Washington, DC 000 T: (0) -0 F: (0) -0 mmurphy@baileyglasser.com Attorneys for Plaintiff 0 0 NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

25 Case :-cv-00-tsz Document 0 Filed /0/ Page of CERTIFICATE OF SERVICE I hereby certify that on December, 0, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to counsel of record. 0 /s/ Elizabeth Ryan Elizabeth Ryan Bailey & Glasser LLP High Street, Suite 0 Boston, MA 00 eryan@baileyglasser.com T: () -0 F: () - 0 NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

26 Case :-cv-00-tsz Document 0- Filed /0/ Page of 0 0 SARAH CONNOLLY, individually and on behalf of all others similarly situated, v. UMPQUA BANK, U.S. DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Plaintiff, Defendant. NO. :-CV-00-TSZ Honorable Thomas S. Zilly DECLARATION OF ELIZABETH RYAN IN SUPPORT OF PLAINTIFF S UNOPPOSED MOTION FOR ATTORNEYS FEES, COSTS, AND INCENTIVE AWARD Note on Motion Calendar: February, 0 High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

27 Case :-cv-00-tsz Document 0- Filed /0/ Page of 0 0 I, Elizabeth Ryan, declare as follows:. I am one of the counsel for the Plaintiff in this case. I submit this declaration in support of Plaintiff s Unopposed Motion for Attorneys Fees, Costs, and Incentive Award.. The facts contained in this declaration are within my personal knowledge, and I could testify to those facts if called to do so under oath.. My firm is counsel of record in this case and has been appointed as Class Counsel for the purposes of settlement. Previous submissions describing my background and legal experience were provided to the Court in my Declaration in Support of Plaintiff s Unopposed Motion for Preliminary Approval of Revised Class Action Settlement and for Certification of Settlement Class, Dkt. No. -. DECLARATION OF ELIZABETH RYAN NO. :-CV-00-TSZ - Synopsis Of The Litigation. Plaintiff filed this lawsuit on April, 0, alleging that Umpqua violated the FCRA, U.S.C. a-x.. On July, 0, Umpqua moved to dismiss the complaint for failure to state a claim. That motion was denied in part and allowed in part on October, 0. The Court dismissed one count relating to the failure to provide adverse action notices.. On December, 0, Umpqua filed a motion to stay the litigation pending the outcome of the Supreme Court s ruling in Spokeo, Inc. v. Robbins, S. Ct. 0 (0), which was to address what constitutes an injury and standing when a plaintiff asserts a violation of a statutory right but no concrete injury. The Court granted the stay on January, 0.. On June, 0, after the Supreme Court decided Spokeo and the stay was lifted, Umpqua filed a new motion to dismiss for lack of subject matter jurisdiction, based on the Spokeo ruling, and arguing that Ms. Connolly had not adequately alleged an injury for purposes of standing under the law established in Spokeo. That motion was denied on High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

28 Case :-cv-00-tsz Document 0- Filed /0/ Page of 0 0 November, 0.. Umpqua then filed a motion for certification pursuant to U.S.C. (b) and to stay the case which was also denied.. On January, 0, Plaintiff filed a motion to amend the complaint to clarify and further support her allegations of injury and willfulness. That motion was granted. 0. Later, and well into the litigation, Umpqua disclosed that some class members signed agreements which it claimed required them to arbitrate their FCRA claims.. In March and April of 0, Umpqua produced a number of documents in response to Plaintiff s discovery requests. The documents related to the varying disclosure forms used to obtain credit and background checks on job applicants and employees, and the size of the potential class.. In July 0, the parties agreed to participate in an in person mediation in Seattle with Teresa A. Wakeen, J.D.. Prior to mediating, Plaintiff requested and Umpqua agreed to share additional information regarding the size of the potential settlement class, as well as information about its background check practices and policies throughout the class period.. By obtaining the documents most necessary to prove their claims, Plaintiff s counsel entered mediation with a comprehensive understanding of the class claims and Umpqua s defenses. Although no agreement was reached during the mediation, the parties continued to engage in substantive discussions in the months that followed. DECLARATION OF ELIZABETH RYAN NO. :-CV-00-TSZ - Opinion Of Counsel As To Fairness. Class Counsel believe that the Settlement Agreement between the Parties is fair and reasonable and in the best interests of the Settlement Class. Class Counsel conducted sufficient investigation and the litigation was sufficiently advanced to allow counsel to evaluate the merits of the case, and the value of potential recovery. The result is a fair and reasonable settlement that will provide substantial benefits to Settlement Class Members. The Class High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

29 Case :-cv-00-tsz Document 0- Filed /0/ Page of 0 0 Representative was kept abreast of the proceedings throughout the litigation, reviewed the final Settlement Agreement, and also agrees that it is fair and reasonable.. The Settlement Agreement provides economic benefits directly to the Settlement Class, benefits that may not be available in the event of continued litigation.. The Settlement Agreement requires Umpqua to pay $,000 to establish a common Settlement Fund. The Settlement Fund will be used to make payments to Settlement Class Members and to pay, subject to Court approval, a class representative incentive award in the requested amount of $,00, attorneys fees in the requested amount of $,00, the out-ofpocket litigation costs that Plaintiff s counsel incurred of $,000, and notice and settlement administration costs, which are estimated at $,000.. If the Court approves counsel s requested fees, costs, and incentive award and notice costs, approximately $,0 will remain in the Settlement Fund. The Settlement calls for this amount to be divided equally among all Settlement Class Members who do not opt out. Plaintiff estimates that each Settlement Class Member will receive approximately $.. No Settlement Class Member has objected to the Settlement. As of December, 0, only five Settlement Class Members have opted out. 0. Class Counsel s reasons for this belief will be further detailed in the Memorandum in Support filed with the Motion for Final Approval. DECLARATION OF ELIZABETH RYAN NO. :-CV-00-TSZ - Attorneys Fees and Costs. The Settlement also provides for the payment of attorneys fees, costs and expenses to Class Counsel following application for and Court approval of such an award. The compensation for the services Class Counsel rendered to the class is wholly contingent. Class Counsel has worked without compensation or reimbursement for their time and out-of-pocket expenses necessary to position this case for settlement. Any fees and reimbursement of expenses will be limited to the amount awarded by the Court. In light of the complexity and scope of this action, Class Counsel had to forego other cases once they had agreed to represent High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

30 Case :-cv-00-tsz Document 0- Filed /0/ Page of 0 0 the Class Representatives and Class in this action.. Before taking on this case, Plaintiff and Class Counsel negotiated a customary up to one-third contingency fee, with the understanding that this amount was an appropriate incentive for Class Counsel to take on the financial risks involved in the representation.. Class Counsel also agreed to advance all costs of this litigation.. Plaintiff and Class Counsel agreed that Class Counsel would receive reimbursement for its costs from the value of a successful settlement or judgment.. The total requested fee of $,00 constitutes 0% of the value of the Settlement to the Class, and is less than Counsel s combined lodestar in this case. The total combined lodestar for all counsel is $,0.. The below summary of time and expenses was taken from computer-based timekeeping programs, in which Class Counsel maintained their fees and expense records. The hourly rates are based on the typical hourly rates for lawyers of similar experience in the communities in which Class Counsel practice.. Class Counsel s fee summaries demonstrate the amount of time spent on this litigation and how Class Counsel s lodestar was calculated.. The rates charged for attorneys and staff members working on this matter range from $00.00 to $0.00, with the majority of the work performed by Ms. Ryan at an hourly rate of $0.00; and Mr. Ortiz at an hourly rate of $0.. These are the rates Class Counsel charge in similar matters, and these rates have been approved by state and federal courts in other contingent matters. DECLARATION OF ELIZABETH RYAN NO. :-CV-00-TSZ - High Street, Suite 0 Boston, MA 00 TEL...0 FAX..

31 Case :-cv-00-tsz Document 0- Filed /0/ Page of 0 0 DECLARATION OF ELIZABETH RYAN NO. :-CV-00-TSZ - Bailey & Glasser LLP Name Position Hours Hourly Rate Total Time Elizabeth Ryan Partner.0 $0 $, John Roddy Partner. $0 $, Benjamin Lajoie Attorney. $00 $,0 Sandra Kinney Attorney $0 $,00 Melissa Kestner-Clay Paralegal. $0 $ Mary McClay Paralegal 0. $0 $0, 0. My firm sets billing rates for its attorneys and other legal workers on an annual basis in a manner designed to assure that those rates are commensurate with the rates charged by attorneys with similar levels of education, skill and experience in the markets in which they practice. The firm s rates established in this manner have been consistently approved by federal and state courts considering petitions for fee awards in which Bailey & Glasser has served as class counsel.. Class Counsel have significant experience litigating claims under consumer protection statutes, including FCRA claims.. Class Counsel set their rates for attorneys and staff members based on a variety of factors, including, among others: the experience, skill and sophistication required for the types of legal services typically performed; the rates customarily charged in the markets where legal services are typically performed; and the experience, reputation and ability of the attorneys and staff members.. Going back to 00, my firm s billing rates (then Roddy Klein & Ryan) formed the bases for the courts approval of the firm s award of fees in two nationwide class action settlements, In re Household Lending Litigation, 0-0-CW (N. D. Cal. April 0, 00), and Curry v. Fairbanks Capital Corporation, 0-0-DPW (D. Mass. May, 00) (hourly rates of $), and were described as reasonable and in fact modest in both cases by the supporting affidavit of Alba Conte, current author of Newberg on Class Actions (th ed. 00) and Attorney Fee Awards (d ed. ). High Street, Suite 0 Boston, MA 00 TEL...0 FAX..