Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 1 of 33 PageID #:13376

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1 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 1 of 33 PageID #:13376 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION GERARDO ARANDA, GRANT BIRCHMEIER, STEPHEN PARKES, and REGINA STONE, on behalf of themselves and a class of others similarly situated, Plaintiffs, Case No. 1:12-cv Honorable Matthew F. Kennelly v. CARIBBEAN CRUISE LINE, INC., ECONOMIC STRATEGY GROUP, ECONOMIC STRATEGY GROUP, INC., ECONOMIC STRATEGY, LLC, THE BERKLEY GROUP, INC., and VACATION OWNERSHIP MARKETING TOURS, INC., Defendants. PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

2 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 2 of 33 PageID #:13377 TABLE OF CONTENTS I. Introduction... 1 II. Relevant Background... 2 III. The Terms of the Settlement... 3 A. Class Definition... 3 B. Monetary Relief... 3 C. Prospective Relief... 4 D. Payment of Notice and Settlement Administration Expenses... 5 E. Attorneys Fees, Expenses, and Incentive Awards... 5 F. Release... 5 IV. The Implemented Notice Plan Comports With Due Process... 5 V. The Settlement is Deserving of Final Approval... 8 A. The Value of the Settlement in Light of the Risks of Continuing the Litigation Favors Final Approval... 9 B. The Likelihood of an Increase in the Complexity, Length, and Expense of Continued Litigation Validates Final Approval of the Settlement C. The Opinion of Competent Counsel Favors Approval D. The Stage of the Proceedings and Amount of Discovery Completed Weigh in Favor of Final Approval E. The Settlement is Not a Product of Collusion and There Are No Red Flags Present F. The Lack of Opposition to the Settlement Weighs in Favor of Final Approval Objector Taylor Chose to Object Instead of Seeking Assistance From Class Counsel Freedom Home Care Does Not Object to the Class Relief, Only Attorneys Fees i

3 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 3 of 33 PageID #: McCabe Lacks Standing, and, in Any Event, Misunderstands the Settlement VI. Conclusion ii

4 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 4 of 33 PageID #:13379 TABLE OF AUTHORITIES CASES Am. Int l Grp., Inc. v. ACE INA Holdings, Inc., Nos. 07 CV 2898, 09 C 2026, 2012 WL (N.D. Ill. Feb ).... 8, 9, 19 Am. Int l Grp., Inc. v. ACE INA Holdings, Inc., No. 07 C 2898, 2011 WL (N.D. Ill. July 26, 2011) Aranda v. Caribbean Cruise Line, Inc., 179 F. Supp. 3d 817 (N.D. Ill. 2016)... 2, 11 Armstrong v. Bd. of Sch. Directors of City of Milwaukee, 616 F.2d 305 (7th Cir. 1980) Birchmeier v. Caribbean Cruise Line, Inc., 302 F.R.D. 240 (N.D. Ill. 2014)... 3, 7, 20 Burns v. Elrod, 757 F.2d 151 (7th Cir. 1985)... 6 Butler v. Am. Cable & Tel., LLC, 2011 WL (N.D. Ill. July 12, 2011) Chambers v. Whirlpool Corp., No. CV111733FMOJCGX, 2016 WL (C.D. Cal. Oct. 11, 2016) Del Marcelle v. Brown Cty. Corp., 680 F.3d 887 (7th Cir. 2012) Devlin v. Scardelletti, 536 U.S. 1 (2002) Dunstan v. comscore, No. 11-cv-5807, Dkts. 186, 369 (N.D. Ill.) Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974) Eubank v. Pella Corp., 753 F.3d 718 (7th Cir. 2014).... 9, 16, 17, 18 Felzen v. Andreas, 134 F.3d 873 (7th Cir. 1998) iii

5 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 5 of 33 PageID #:13380 Freeman v. Berge, F. App x 738 (7th Cir. 2003) Hashw v. Dept. Stores Nat l Bank, 182 F. Supp. 3d 935 (D. Minn. April 26, 2016) Hispanics United v. Vill. of Addison, 988 F. Supp. 1130, 1150 n.6 (N.D. Ill. 1997) Hughes v. Kore of Indiana Enter., Inc., 731 F.3d 672 (7th Cir. 2013).... 6, 22 In re AT&T Mobility Wireless Data Servs. Sales Litig., 270 F.R.D. 330 (N.D. Ill. 2010) In re AT&T Mobility Wireless Data Servs. Sales Tax Litig., 789 F. Supp. 2d 935 (N.D. Ill. 2011)... 9, 13, 19 In re Baby Prod. Antitrust Litig., 708 F.3d 163 (3d Cir. 2013) In re Capital One Telephone Consumer Protection Act Litigation, 80 F. Supp. 3d 781 (N.D. Ill. 2015)... 10, 11 In re Caribbean Cruise Line, Inc., No (7th Cir. Oct. 10, 2014) In re Cathode Ray Tube (CRT) Antitrust Litig., 281 F.R.D. 531 (N.D. Cal. 2012) In re Facebook Privacy Litig., No. C , Dkt. 69 (N.D. Cal. Dec. 10, 2010) In re Gen. Elec. Co. Sec. Litig., 998 F.Supp.2d 145 (S.D.N.Y. 2014) In re Hydroxycut Mktg. & Sales Practices Litig., No. 09md2087 BTM (KSC), 2013 WL (S.D. Cal. Sept. 17, 2013) In re Mexico Money Transfer Litig., 164 F. Supp. 2d 1002 (N.D. Ill. 2000) In re Southwest Airlines Voucher Litig., No. 11-cv-8176, 2013 WL (N.D. Ill. Aug. 26, 2013) iv

6 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 6 of 33 PageID #:13381 Isby v. Bayh, 75 F.3d 1191 (7th Cir. 1996)... 8, 15 Kolinek v. Walgreen, Co., 311 F.R.D. 483 (N.D. Ill. 2015) , 11, 14 Kristensen v. Credit Payment Servs. Inc., No. 2:12-CV APG, 2015 WL (D. Nev. July 20, 2015) McCabe v. Caribbean Cruise Line, Inc., No. 13-cv-6131, Dkt. 37 (E.D.N.Y. July 3, 2014) McKinnie v. JP Morgan Chase Bank, 678 F.Supp.2d 806 (E.D. Wis.2009) Miller UK Ltd. v. Caterpillar, Inc., 17 F. Supp. 3d 711 (N.D. Ill. 2014) Rivera v. Waukegan, No. 12-cv-8665 (N.D. Ill.) Rojas v. Career Educ. Corp., No. 10-cv (N.D. Ill.) Safeco Ins. Co. of Am. v. Am. Int l Grp., 710 F.3d 754 (7th Cir. 2013)... 8 Saltzman v. Pella Corp., 257 F.R.D. 471 (N.D. Ill. 2009) Schulte v. Fifth Third Bank, 805 F. Supp. 2d 560 (N.D. Ill. 2011)... 6, 8, 12, 13 SEC v. Custable, 796 F.3d 653 (7th Cir. 2015) Spokeo, Inc. v. Robins, 136 S. Ct (2016)... 2, 13 Superior Beverage Co. v. Owens-Illinois, Inc., 827 F. Supp. 477 (N.D. Ill. 1993) Synfuel Techs., Inc. v. DHL Express (USA), Inc., 463 F.3d 646 (7th Cir. 2006)... 9, 12, 13, 15, 16 v

7 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 7 of 33 PageID #:13382 Uhl v. Thoroughbred Tech. & Telecomms., Inc., 309 F.3d 978 (7th Cir. 2002)... 8 Van Patten v. Vertical Fitness Grp, LLC, F.3d, No , 2017 WL (9th Cir. Jan. 30, 2017) Wright, et al. v. Nationstar Mortgage, LLC, No. 14-cv (N.D. Ill.) Young v. County of Cook, No (N.D. Ill.) STATUTES Fed. R. Civ. P , 8 Telephone Consumer Protection Act, 47 U.S.C OTHER AUTHORITIES Federal Judicial Center, Judges Class Action Notice & Claims Process Checklist & Plain Language Guide 3 (2010)... 6 Federal Judicial Center, Manual for Complex Litigation (Fourth) (2004)... 19, 20 William B. Rubenstein, Newberg on Class Actions (5th ed. 2015) vi

8 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 8 of 33 PageID #:13383 I. Introduction Plaintiffs seek final approval of one of the most favorable TCPA settlements on record, not only in terms of the total size of the fund, but also in terms of the per call relief class members will receive. When all is said and done, Defendants will have created the full $76 million common fund which, if the Settlement is approved, will conservatively speaking provide class members with cash payments of at a minimum of about $135 per call (and likely more). Because the vast majority of class members took advantage of the presumption that they received three calls, most will receive in excess of $400 an order of magnitude more than the typical payment in a TCPA class action settlement of this size. It is unsurprising, then, that the class s reaction to the settlement has been overwhelmingly positive. Since preliminary approval, the Settlement Administrator has successfully implemented the Court-approved notice plan, contacting hundreds of thousands of class members by mail and , as well as engaging in an extensive online and print media campaign. Class Counsel has assisted thousands of class members with questions, claim forms, and obtaining records from their telephone service providers. The Class Members approval of the Settlement is borne out in the numbers: In total, 63,583 class members have filed provisionally approved claims for 365,647 calls (far more than expected). Along with individual consumers, several Fortune 500 companies and Oakland County, Michigan decided to file claims and not objections. Only two requests for exclusion have been submitted, and only three objections were filed. One of the objections comes from an individual who is likely not a class member, one is a cursory pro se objection, and the third takes no issue with the Settlement as a whole, instead limiting its arguments to Class Counsel s fee request. 1

9 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 9 of 33 PageID #:13384 Given the high level of participation and low levels of opt-outs and objections, and as explained more fully below, the Court should not hesitate in granting final approval to the Settlement as it is unquestionably fair, reasonable, and adequate. II. Relevant Background The Settlement now before the Court seeks to resolve claims against Defendants Caribbean Cruise Lines, Inc., Vacation Ownership Marketing Tours, Inc., and the Berkley Group, Inc. for violating the Telephone Consumer Protection Act, 47 U.S.C. 227 ( TCPA ) by operating a massive telemarketing scheme to offer free cruises actually designed to sell timeshares. 1 Over the course of four years of hard-fought litigation, the Court denied Defendants motion to dismiss, granted adversarial class certification, denied Defendants motions for summary judgment, and granted in large part Plaintiffs motion for partial summary judgment. In the months before trial, Defendants also asked the Court to decertify the classes and grant summary judgment based on the Supreme Court s decision in Spokeo, Inc. v. Robins, 136 S. Ct (2016), a request that the Court also denied. Only two issues remained for trial: whether Defendants could be held vicariously liable for the violative telephone calls, and whether the calls to landline phones fell under a political purpose exception to the TCPA. See Aranda, 179 F. Supp. 3d at 828, 835. Plaintiffs were fully prepared to go to trial on these issues, which would have included live testimony from Defendants corporate officers. At the same time, Class Counsel was also responding to Defendants newfound willingness to discuss settlement options that could provide real relief to class members. Only four days before trial, and with the assistance of the Hon. 1 The facts of this case have been comprehensively recited on numerous occasions. See Aranda v. Caribbean Cruise Line, Inc., 179 F. Supp. 3d 817, (N.D. Ill. April 18, 2016). 2

10 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 10 of 33 PageID #:13385 Wayne Andersen (ret.) of JAMS, the parties agreed to a memorandum of understanding that formed the basis for the $76 million Settlement now before the Court. III. The Terms of the Settlement The terms of the Settlement preliminarily approved by the Court are set forth in the Parties Settlement Agreement and are briefly summarized below: A. Class Definition: The Settlement Class as defined in the Agreement is unchanged from the Court s class certification order and includes two classes one for individuals that received cellular phone calls and another for those who received calls on their residential landline each defined as: All persons in the United States to whom (1) one or more telephone calls were made by, on behalf, or for the benefit of the Defendants, (2) purportedly offering a free cruise in exchange for taking an automated public opinion and/or political survey, (3) which delivered a message using a prerecorded or artificial voice; (4) between August 2011 and August 2012, (5) whose (i) telephone number appears in Defendants records of those calls and/or the records of their third party telephone carriers or the third party telephone carriers of their call centers or (ii) own records prove that they received the calls such as their telephone records, bills, and/or recordings of the calls and who submit an affidavit or claim form if necessary to describe the content of the call. Birchmeier v. Caribbean Cruise Line, Inc., 302 F.R.D. 240, 256 (N.D. Ill. 2014); see also Dkt. 513 at 2 (Amended Preliminary Approval Order). The judge presiding over this action, Defendants, people who opt out of the class pursuant to Rule 23(e)(4), and counsel and their families are excluded. (Settlement Agreement 1.36.) These exclusions are standard in class action settlement agreements and do not materially change the class definition. B. Monetary Relief: Defendants have agreed to create a common fund of between $56 million and $76 million, from which all claiming class members will be paid. (Id ) Defendants have already deposited the first installment of $10 million, with the remainder to be paid over the next two years. (Id.) The exact amount that each claiming class member will 3

11 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 11 of 33 PageID #:13386 receive is not yet final, because the Settlement Administrator is still processing timely submitted claims, the claims challenge process is ongoing, and the Claims Deadline has been extended for hundreds of potential class members who are awaiting their call records to be provided in responses to subpoenas. (Dkt. 570.) However, a final number will be available after the challenge process is complete. As of now, if Defendants potential challenges to certain claims are in large part overruled or not pursued (and Plaintiffs believe that will be the case), the 63,724 claiming class members claim forms who in aggregate claimed 366,580 calls will receive approximately $135 per call, payable in two distributions. (See Declaration of Jay Edelson, attached as Exhibit 1 5; Declaration of Lana Lucchesie, attached as Exhibit 2 24.) 2 The overwhelming majority of class members claimed three calls (Lucchesie Decl. 24), and are thus expected to receive about $405 in total. If Defendants potential challenges are successful and claiming class members are only able to recover for calls directly supported by Defendants own records and other documentation, each claiming class member will recover approximately $420 per call. 3 (Edelson Decl. 8.) Either way, most claiming class members will receive hundreds of dollars. C. Prospective Relief: Defendants have agreed to create and implement procedures that are aimed at ensuring that going forward, they do not make autodialed calls without consent. (Settlement Agreement 2.3.) Specifically, Defendants will each perform annual internal audits of their procedures for ensuring that they will not make auto-dialed and/or robodialed telemarketing calls to cellular and/or landline telephones unless to the best of their knowledge, each call recipient has given prior express consent in writing to receive such calls, and shall 2 These figures exclude prospective claimants whose claim forms were screened out as obviously deficient by the Settlement Administrator during its initial review of submissions. 3 These calculations assume that the Court approves Class Counsel s fee request. 4

12 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 12 of 33 PageID #:13387 correct any deficiencies discovered through the audits in accordance with the law. (Id.) Such audits are to be conducted for a period of two years after the entry of final judgment. (Id.) D. Payment of Notice and Settlement Administration Expenses: Defendants have agreed to pay from the Settlement Fund the costs of effectuating the Court-approved Notice Plan, as well as all expenses incurred by the Settlement Administrator in processing and paying valid claims and otherwise administering the Settlement. (Id ) E. Attorneys Fees, Expenses, and Incentive Awards: Plaintiffs filed their motion requesting attorneys fees, expenses and incentive awards on January 10, 2017 (Dkt. 528), and published it on the Settlement Website. (Lucchesi Decl. 21.) Plaintiffs requested a fee and expense award of 33% of the total benefit to the class, up to a maximum of $24.5 million, and incentive awards of $10,000 for each of the four class representatives. (Dkt. 533.) Defendants filed their response in opposition to that motion on February 4, 2017 (Dkt. 565), and Plaintiffs will file a reply on February 17, 2017 in accordance with the Court s briefing schedule. (Dkt. 563.) F. Release: In exchange for the monetary and prospective relief described above, each Settlement Class Member will be deemed to have released and forever discharged Defendants and all of their related subsidiaries and affiliates from any past, present, and future claims related to automated telephone calls made during the class period using a prerecorded or artificial voice and offering a free cruise in exchange for taking an automated public opinion and/or political survey. (Settlement Agreement 3.) IV. The Implemented Notice Plan Comports with Due Process. Prior to granting final approval to this Settlement, the Court must first consider whether the Notice to the Settlement Class is the best notice that is practicable under the circumstances, 5

13 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 13 of 33 PageID #:13388 including individual notice to all members who can be identified through reasonable effort. Fed. R. Civ. P. 23(c)(2)(B); accord Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 173 (1974); Schulte v. Fifth Third Bank, 805 F. Supp. 2d 560, 595 (N.D. Ill. 2011). The best notice practicable does not require receipt of actual notice by all class members in order to comport with both Rule 23 and the requirements of due process, but it often includes (as in this case) direct notice to individuals who can be identified by regular mail. See Burns v. Elrod, 757 F.2d 151, 154 (7th Cir. 1985) (noting that Rule 23 does not require defendants to exhaust every conceivable method of identification ). Class members who cannot be identified through reasonable effort can be notified by publication. Hughes v. Kore of Indiana Enter., Inc., 731 F.3d 672, 677 (7th Cir. 2013). The multi-part Notice Plan approved by the Court in this case has been implemented by Court-approved Settlement Administrator, Kurtzman Carson Consultants LLC, and included both direct and publication notice. Direct notice was provided to every class member who could be identified through reasonable effort via both electronic and regular mail. To that end, the Settlement Administrator mailed 858,242 direct postcard notices with Claim Forms (return postage pre-paid) to class members. (Lucchesi Decl. 13). 4 The Settlement Administrator also obtained addresses for and sent notice to each of 485,856 class members. (Lucchesi Decl. 11, 12.) Ultimately, notice was directly delivered to 78.6% of the 1,040,389 names and addresses associated with the telephone numbers obtained from the Defendants records and was thus reasonable. See Federal Judicial Center, Judges Class Action Notice & Claims Process 4 Of the 858,242 postcards mailed, 7,213 were returned by the U.S. Postal Service with forwarding addresses and were r ed to the new address. (Lucchesi Decl. 13), 80,480 were returned undeliverable without forwarding addresses. (Id.) Of those, the Settlement Administrator was able to obtain updated addresses and r 40,365 based on credit and other public source databases. (Id.) 6

14 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 14 of 33 PageID #:13389 Checklist & Plain Language Guide 3 (2010) (concluding that a notice plan that reaches at least 70% of the class is reasonable). The Notice Plan also included both print and electronic publication notice, which the Court deemed appropriate at class certification and again in granting preliminary approval. Birchmeier, 302 F.R.D. at 255; see also Dkt. 513 at 3-4. Notice was published in the November 7, 2016 editions of the New York Daily News, L.A. Times, Chicago Tribune, Dallas Morning News, Houston Chronicle, Miami Herald, Philadelphia Inquirer, Washington Post, Atlanta Journal-Constitution, and Boston Globe (Lucchesi Decl. 14), as well as within the December 5, 2016 national edition of People magazine. (Id. 16.) To supplement the direct and publication notice, the Settlement Administrator also placed internet banner advertisements that had 153,606,575 impressions, including 1,001,952 impressions on 800Notes.com a website demonstrated during the case to be visited by consumers. (Id. 18, see also Dkt at 42-88, consumer complaints filed on 800notes.com). The Settlement has also received substantial press coverage, furthering the reach of publication notice. (See, e.g., Robert Channick, That Free Cruise Robocall Could Get You up to$500 as Part of $76M Settlement, Chi. Trib. (Dec. 2, 2016), Herb Weisbaum, How You Could Get $500 Per Call for Those Unwanted Messages Six Years Ago, NBC News (Jan.17, 2017), Finally, the required notice was sent to the Attorney General of the United States as well as the Attorneys General of all 50 states, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and American Samoa. (Lucchesi Decl. 4), All of these notices directed class members to the Settlement Website that provided the Notice, important Court documents (including the Settlement Agreement), the ability to see if a telephone number appeared in 7

15 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 15 of 33 PageID #:13390 Defendants records, and the ability to download and submit Claim Forms online. (Id. 21.) Additionally, since the time that the Notice Plan was effectuated and until this day, the Class Administrator has also maintained a toll-free telephone number where class members could request claim forms and obtain more information about the Settlement. (Id. 20). 5 In total, nearly half a million people have visited the settlement website and over 9,000 calls have been made to the toll-free number. (Id ) Therefore, there can be no doubt that class members here received the best notice practicable under the circumstances. The individual notice by postcard or where class members contact information could reasonably be found, combined with the robust publication notice, meets the requirements of due process and Rule 23. V. The Settlement is Deserving of Final Approval. Federal Rule of Civil Procedure 23(e) mandates that claims, issues, or defenses of a certified class may be settled... only with the court s approval... after a hearing and on finding that it is fair, reasonable, and adequate. Fed. R. Civ. P. 23(e); Am. Int l Grp., Inc. v. ACE INA Holdings, Inc., Nos. 07 CV 2898, 09 C 2026., 2012 WL , at *1 (N.D. Ill. Feb. 28, 2012), appeal dismissed, Safeco Ins. Co. of Am. v. Am. Int l Grp., 710 F.3d 754 (7th Cir. 2013). Even so, [f]ederal courts naturally favor the settlement of class action litigation. Schulte, 805 F. Supp. 2d at 578 (citing Isby v. Bayh, 75 F.3d 1191, 1196 (7th Cir. 1996)). Given this predisposition towards settlement, the Court s approval inquiry is limited to [consideration of] whether the settlement is lawful, fair, reasonable and adequate. Uhl v. Thoroughbred Tech. & Telecomms., Inc., 309 F.3d 978, 986 (7th Cir. 2002). 5 As noted above, in addition to the toll-free telephone number operated by the Settlement Administrator, Class Counsel also fielded thousands of calls from class members. (Edelson Decl. 2.) 8

16 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 16 of 33 PageID #:13391 The Seventh Circuit has identified five factors for district courts to consider in determining whether to approve a class action settlement: (i) the strength of a plaintiff s case compared to the amount of the defendant s settlement offer; (ii) an assessment of the likely complexity, length and expense of the litigation; (iii) an evaluation of the amount of opposition to the settlement among affected parties; (iv) the opinion of competent counsel; and (v) the stage of the proceedings and amount of discovery completed at the time of settlement. Synfuel Techs., Inc. v. DHL Express (USA), Inc., 463 F.3d 646, 653 (7th Cir. 2006) (citation and internal quotations omitted); accord In re AT&T Mobility Wireless Data Servs. Sales Tax Litig., 789 F. Supp. 2d 935, 958 (N.D. Ill. 2011) (hereinafter In re AT&T II ). In addition to these factors, courts in the Seventh Circuit should also consider whether the settlement is the product of collusion, or whether there are any red flags present in the settlement that would suggest it is unfair to the class. Eubank v. Pella Corp., 753 F.3d 718, (7th Cir. 2014). As explained below, these factors overwhelmingly weigh in favor of approving the Settlement in this case. A. The Value of the Settlement in Light of the Risks of Continuing the Litigation Favors Final Approval. The most important factor relevant to the fairness of a class action settlement is the first one listed: the strength of plaintiff s case on the merits balanced against the amount offered in the settlement. In re AT&T II, 789 F. Supp. 2d at 958 (quoting Synfuel, 463 F.3d at 653) (internal quotations omitted). The strength of a plaintiff s case can be quantified by examining the net expected value of continued litigation to the class and then estimating the range of possible outcomes and ascrib[ing] a probability to each point on the range. Am. Int l Grp., Inc., 2012 WL , at *2 (quoting Reynolds v. Beneficial Nat l Bank, 288 F.3d 277, (7th Cir. 2002) and Synfuel, 463 F.3d at 653); see also Eubank, 753 F.3d at 727 (finding that the 9

17 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 17 of 33 PageID #:13392 district court should estimate the likely outcome of a trial... in order to evaluate the adequacy of the settlement ). However, [t]he Seventh Circuit has recognized that valuing hypothetical continued litigation is necessarily speculative and therefore an inexact science, and courts need only estimate and come to a ballpark valuation of the class s claims. Kolinek v. Walgreen, Co., 311 F.R.D. 483, 503 (N.D. Ill. 2015) (Kennelly, J.) (citation and internal quotations omitted); see also In re Southwest Airlines Voucher Litig., No. 11-cv-8176, 2013 WL , at *7 (N.D. Ill. Aug. 26, 2013) ( In considering the strength of plaintiffs case, legal uncertainties at the time of settlement favor approval. ). Ultimately, because a settlement is a compromise, courts need not and indeed should not reject a settlement solely because it does not provide a complete victory to the plaintiffs. In re Capital One Telephone Consumer Protection Act Litigation, 80 F. Supp. 3d 781, 790 (N.D. Ill. 2015) (quoting In re AT&T Mobility Wireless Data Servs. Sales Litig., 270 F.R.D. 330, 347 (N.D. Ill. 2010) (hereinafter In re AT&T I )). This is especially true when complete victory would most surely bankrupt the prospective judgment debtor. Id. (pointing out that in TCPA cases involving millions of class members and phone calls, potential TCPA liability often reaches into the billions if not trillions of dollars). Here, this first factor weighs strongly in favor of approval. Having obtained class certification, defeated a motion for summary judgment, and obtained partial summary judgment, Plaintiffs were in a strong position when the case settled. It is unsurprising, then, that the monetary relief provided under the Settlement a $76 million Settlement Fund providing class members with a likely minimum of at least $135 per call (and approximately $400 total for most class members) is far better than in other TCPA settlements. As Plaintiffs have previously explained, TCPA cases of this size generally result in settlements providing less than $40 in cash to each claiming class member, regardless of how many calls the class member received. See, 10

18 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 18 of 33 PageID #:13393 e.g., In re Capital One, 80 F. Supp. 3d at 786 (providing $34.60 to each claiming class member); Hashw v. Dept. Stores Nat l Bank, 182 F. Supp. 3d 935, 940, (D. Minn. April 26, 2016) (approving settlement providing class members who received over 100 calls in violation of the TCPA a single $33.20 payment); Kolinek, 311 F.R.D. at 493 (providing a roughly $30 payment for each class member). Simply put, the strength of Plaintiffs case is reflected in the excellent relief provided by the Settlement. Nevertheless, risky territory remained ahead. The key issue of vicarious liability that is, whether Berkley, CCL, and VOMT could be held liable for the calls made for their benefit still remained for trial. See Aranda, 179 F. Supp. 3d at 833. This question is both legally and factually complicated, and its resolution has resulted in zero recovery in other certified class actions under the TCPA. See, e.g., Kristensen v. Credit Payment Servs. Inc., No. 2:12-CV APG, 2015 WL , at *7 (D. Nev. July 20, 2015). There was thus a very real risk that the jury could return a complete defense verdict, or a verdict for Berkeley, leaving the class with no recovery at all. Even if Plaintiffs did win at trial, a serious risk of non-payment would have remained. A large jury verdict could easily have rendered any or all of the Defendants insolvent. (Dkt. 463 at 3 ( A judgment in the amount Plaintiffs seek could not be paid by Berkley. In fact, such a judgment would require Berkley to terminate thousands of employees and declare bankruptcy. ).) The Settlement, by contrast, provides substantial and guaranteed relief, structured in way that Defendants can pay what they owe without subjecting class members to the delay and uncertainty of Defendants bankruptcy. Thus, given the substantial risks, expense, and delay that would accompany further protracted litigation, and in comparison to other TCPA class action settlements, the Settlement 11

19 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 19 of 33 PageID #:13394 offers outstanding value, even relative to the strength of Plaintiffs and the Class s case. The first and most important Synfuel factor, therefore, strongly supports final approval. B. The Likelihood of an Increase in the Complexity, Length, and Expense of Continued Litigation Validates Final Approval of the Settlement. Final approval is also favored in cases such as this where [s]ettlement allows the class to avoid the inherent risk, complexity, time, and cost associated with continued litigation. Schulte, 805 F. Supp. 2d at 586. Here, the alternative to settlement is an immediate week-long class action jury trial, which is an inherently risky proposition. See Miller UK Ltd. v. Caterpillar, Inc., 17 F. Supp. 3d 711, 739 (N.D. Ill. 2014) ( [T]he reality known to first year law students [is] that juries are inherently unpredictable, and there is no such thing as a sure winner either in pretrial proceedings or at trial. ) (internal citation omitted). Even if Plaintiffs prevailed at trial, recovery for the class would be uncertain. Defendants have already indicated that they would challenge a jury verdict on due process grounds, making remittitur a distinct possibility. (See Dkt. 463 at 3-6.) Further, Defendants would almost certainly appeal any verdict for the Plaintiffs, likely along with the class certification order, for which Defendants already sought appellate review. In Re Caribbean Cruise Line, Inc., No (7th Cir. Oct. 10, 2014) (denying petition for review). In the Court of Appeals, class members would risk not only the loss of a jury verdict, but also decertification and possible dismissal for lack of Article III standing. (See Dkts. 430, 435.) While this Court s holding that Plaintiffs suffered a concrete injury under Article III is in accord with recent circuit court decisions, see, e.g., Van Patten v. Vertical Fitness Grp, LLC, F.3d, No , 2017 WL , at *4 (9th Cir. Jan. 30, 2017) ( Unsolicited telemarketing phone calls or text messages, by their nature, invade the privacy and disturb the solitude of their recipients. A plaintiff alleging a violation under the TCPA need not allege any additional harm beyond the one Congress has identified. ) 12

20 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 20 of 33 PageID #:13395 (quoting Spokeo, 136 S. Ct. at 1549), there is nevertheless a risk that either the Seventh Circuit or the Supreme Court would disagree. Further, while the federal government has previously stepped in to defend the constitutionality of the TCPA, see, e.g., United States of America s Memorandum in Support of the Constitutionality of the Telephone Consumer Protection Act of 1991, Holt v. Facebook, Inc., No. 3:16-cv-02266, Dkt. 48 (N.D. Cal. October 17, 2016), the current administration s position is unknown. If anything, this drawn-out, complex, and costly litigation process... would provide [Settlement] Class Members with either no in-court recovery or some recovery many years from now.... In re AT&T II, 789 F. Supp. 2d at 964. The proposed Settlement, in contrast, avoids the uncertainty of trial and potentially lengthy appeals and instead provides relief to the Settlement Class that Defendants have represented they should be able to pay on the agreed-upon schedule. As such, the second Synfuel factor also weighs in favor of final approval. C. The Opinion of Competent Counsel Favors Approval. The next factor considered by courts is the opinion of competent counsel regarding the fairness, reasonableness and adequacy of the Settlement. Synfuel, 463 F.3d at 653; see also Schulte, 805 F. Supp. 2d at 586 ( The opinion of competent counsel is relevant to the question whether a settlement is fair, reasonable, and adequate under Rule 23. ). This is especially true where class counsel are qualified, where discovery and settlement negotiations have taken place and where there is no indication of collusion. See id.; see also Hispanics United v. Vill. of Addison, 988 F. Supp. 1130, 1150 n.6 (N.D. Ill. 1997) (noting that a strong initial presumption of fairness attaches where the settlement is the result of arm s length negotiations, and where plaintiff s counsel are experienced and have engaged in adequate discovery ). 13

21 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 21 of 33 PageID #:13396 Here, Class Counsel are experienced members of the plaintiff s class action bar who have built their practice litigating similarly complex consumer class actions and are capable of assessing the strengths and weaknesses of the Parties respective positions. Indeed, attorneys at Edelson PC have been specifically recognized as pioneers in the electronic privacy class action field, having litigated some of the largest consumer class actions in the country on this issue. In re Facebook Privacy Litig., No. C , Dkt. 69 at 5 (N.D. Cal. Dec. 10, 2010); see also Dunstan v. comscore, No. 11-cv-5807, Dkts. 186, 369 (N.D. Ill.) (securing adversarial certification of largest ever privacy class comprised of 10 million consumers on claims arising under federal privacy statutes, and ultimately achieving a $14 million settlement, which resulted in claiming class members receiving approximately $500 each). With respect to TCPA class actions in particular, Edelson PC has extensive experience in similar complex litigation and have been appointed class counsel in numerous TCPA class actions, many of them in this District. See, e.g., Wright, et al. v. Nationstar Mortgage, LLC, No. 14-cv (N.D. Ill.) (serving as lead counsel in $12.1 million unsolicited call settlement); Kolinek v. Walgreen Co., No. 13-cv (N.D. Ill.) (serving as lead counsel $11 million unsolicited call settlement); Rojas v. Career Educ. Corp., No. 10-cv (N.D. Ill.) (serving as lead counsel in $20 million text spam settlement). Loevy & Loevy has achieved significant trial success, having tried dozens of cases to verdict. Loevy & Loevy is particularly unique in that it is one of the few trial firms in the country to have tried class actions before juries. In fact, the firm has tried two class actions, including Young v. County of Cook, a class action that settled for $55 million following a jury liability verdict in favor of the class of jail detainees. No (N.D. Ill.). Loevy & Loevy has also negotiated many substantial settlements. For example, the firm negotiated a $20 million 14

22 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 22 of 33 PageID #:13397 settlement in Rivera v. Waukegan, No. 12-cv-8665 (N.D. Ill.), for a wrongfully convicted individual, the largest such settlement ever for a wrongfully convicted individual in the United States. This substantial and relevant experience has allowed Class Counsel to accurately weigh the merits of the Settlement Class s claims along with the risks and potential rewards of trial and appeals as compared to Settlement. Class Counsel ultimately believe that the Settlement provides significant relief for individuals who may otherwise be left without a remedy and thus, the opinion of Class Counsel favors final approval as well. D. The Stage of the Proceedings and Amount of Discovery Completed Weigh in Favor of Final Approval. The Synfuel factor related to the stage of the proceedings and amount of discovery completed at the time the settlement is reached also favors final approval here. Synfuel, 463 F.3d at 653. This factor is satisfied where discovery and investigation conducted by class counsel prior to entering into settlement negotiations was extensive and thorough. Isby, 75 F.3d at 1200 (citation and internal quotations omitted). This factor is not a concern where settlement is reached at a very late stage, after the issues ha[ve] been clearly identified, liability and impact ha[ve] been decided, and a massive record ha[s] been compiled. See Armstrong v. Bd. of Sch. Directors of City of Milwaukee, 616 F.2d 305, 325 (7th Cir. 1980), overruled on other grounds by Felzen v. Andreas, 134 F.3d 873 (7th Cir. 1998). The procedural posture of this case further supports final approval, as the Parties have litigated the case for more than four years and have undertaken substantial discovery. The Court has decided three sets of dispositive motions (a motion to dismiss, motions for summary judgment, and a further motion for summary judgment for lack of standing) as well as granting adversarial class certification, denying a motion for decertification, and ruling on many of the 15

23 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 23 of 33 PageID #:13398 parties motions in limine. Only two issues remained for trial. Four days before that trial with nearly all preparations complete settlement was reached with the assistance of a neutral, thirdparty mediator. With the benefit of the motion practice and argument on all substantive issues, having reviewed the documents produced and, based upon the informed, arms -length negotiations that took place before a highly-regarded former judge of this District, there can be no doubt that the Parties had the information and understanding necessary to negotiate the beneficial Settlement now before the Court. See Am. Int l Grp., Inc. v. ACE INA Holdings, Inc., No. 07 C 2898, 2011 WL , at *8 (N.D. Ill. July 26, 2011) ( extensive discovery has undisputedly been completed... and it is impossible to say that the court and the parties are unable to evaluate the merits of this case ). As such, the stage of the proceedings and amount of discovery completed also weigh in favor of final approval. E. The Settlement Is Not a Product of Collusion and There Are No Red Flags Present. Although not a factor specifically set forth in Synfuel, courts in the Seventh Circuit also consider whether a settlement is the product of collusion, and whether there are any red flags present in the settlement that would suggest it is unfair to settling class members. Eubank, 753 F.3d at Some of the red flags include (i) the failure to properly establish the size of the fund and the total class recovery, (ii) the reversion of unawarded attorneys fees to the defendant, (iii) substantial alterations to existing class definitions, (iv) the use of coupons, rather than cash payments, for class compensation, and (v) overly complicated claim forms. See id. Here, the Court should not hesitate to grant final approval to the Settlement because the Settlement was not the result of collusion, nor does it raise any of the red flags identified by the Seventh Circuit and other courts in analyzing class settlements. 16

24 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 24 of 33 PageID #:13399 First, there can be no doubt that this Settlement was not the result of collusion. As described above, the Parties engaged in several rounds and in the final round, multiple days of negotiations with the Hon. Wayne R. Andersen (ret.) of JAMS. See Butler v. Am. Cable & Tel., LLC, 2011 WL , at *8 (N.D. Ill. July 12, 2011) ( arm s-length negotiations facilitated by a neutral mediator is one factor... that supports a finding that the settlement was fair ) (citing McKinnie v. JP Morgan Chase Bank, 678 F.Supp.2d 806, 812 (E.D. Wis.2009)). The timing of the mediation alone e.g., that it occurred as the parties were preparing for an imminent jury trial is clear evidence that there was no collusion in the negotiations that ultimately led to the Settlement. Second, none of the red flags identified in Eubank are present here. First, with respect to knowledge of the size of the common fund and the amount of recovery to Settlement Class members, based on the claims data to date, Class Counsel believe that Defendants will be required to pay the full $76 million, and, as the Court knows, under no circumstances will the Defendants pay less than $56 million. (Edelson Decl. 8.) That stands in stark contrast to the Eubank fund, the size of which could only be loosely estimated. Eubank, 753 F.3d at 723. The Court also knows exactly how the fund will be distributed. And while the exact recovery available to claiming members of the Settlement Class has not yet been finally determined, the payments will at a minimum be about $135 per call. (Edelson Decl. 5.) Thus, unlike in Eubank, the Court here knows how much the Settlement Class will recover (at minimum) in both the aggregate and on an individual class member basis. The same is true for the remaining concerns identified in Eubank. Based on the claims filed, Defendants will pay $76 million and will not receive a penny of it back. Nor does the Settlement Class definition call into question the propriety of certification as it did in Eubank. 17

25 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 25 of 33 PageID #:13400 There, the Seventh Circuit recognized adversity among several certified subclasses, thus rendering the settlement s provision of a single, unified class improper. Eubank, 753 F.3d at 721. Here, however, the two certified classes (recipients of landline calls and cellular calls) are only slightly different from each other, and not in a manner that causes any adversity between the two. As a result, there are no competing groups within the Class, and none of the diametrically opposed interests in Eubank are present here. See id. (finding the adversity among subgroups precluded class certification of one large class for settlement purposes) (citation and internal quotations omitted). And finally, unlike the Eubank settlement, which proposed providing only coupon payments to some class members through exceedingly long and difficult claim forms, id. at 725, this Settlement allowed Class Members to claim a cash recovery by submission of an easy-tocomplete Claim Form that required only a relatively minimal amount of contact information. While certain individuals were required to provide documentation of the calls they received in order to submit claims, that requirement is derived from the class definition certified by the Court, and Class Counsel has provided assistance at their own expense obtaining those records for hundreds of class members. (Edelson Decl. 2.) Given the absence of any red flags and the presence of only minimal opposition to the Settlement (as discussed further below), the Court should grant final approval to the Settlement. F. The Lack of Opposition to the Settlement Weighs in Favor of Final Approval. Finally, the Court should consider the fact that there is very little opposition to the Settlement to be strong circumstantial evidence favoring settlement. See In re Mexico Money Transfer Litig., 164 F. Supp. 2d 1002, (N.D. Ill. 2000) (finding that a settlement where 99.9% of class members have neither opted out nor filed objections... is strong circumstantial 18

26 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 26 of 33 PageID #:13401 evidence in favor of the settlements ); In re AT&T II, 789 F. Supp. 2d at 965 (an exclusion or objection rate of 0.01% of class members was remarkably low and supported the settlement). Here, class members demonstrated that they overwhelmingly approved of the Settlement. Not only did tens of thousands of individuals file claims, but so did a number of Fortune 500 companies and the Oakland County, Michigan government sophisticated actors with in-house counsel. That all of these class members showed their approval of the Settlement by filing claims instead of opting out or objecting demonstrates that the feeling among the class is largely positive. Again, only three objections were raised here: one by a pro se objector, Thomas Taylor, and two by objectors represented by counsel, Kevin McCabe and Freedom Home Care, Inc. These objections do not cast doubt upon the settlement s fairness, reasonableness, or adequacy. Am. Int l Grp., Inc., 2012 WL , at *11 (overruling objections that failed to do so); see also Freeman v. Berge, 68 F. App x 738, 743 (7th Cir. 2003) (affirming final approval of settlement and recognizing that objections must have merit to be considered); Federal Judicial Center, Manual for Complex Litigation (Fourth) (2004) ( Even a weak objection may have more influence than its merits justify in light of the inherent difficulties that surround review and approval of a class settlement ). Accordingly, they should be overruled. 1. Objector Taylor Chose to Object Instead of Seeking Assistance from Class Counsel. Thomas J. Taylor objected to the Settlement pro se, arguing that it is unfair that he has to produce supporting documentation in order to submit a claim. However, the requirement that Taylor produce documentation to be a part of the Settlement Class originates not with the Settlement itself, but with the Court s class certification order, which requires individuals whose telephone numbers do not appear in the Defendants records to submit documentation. 19

27 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 27 of 33 PageID #:13402 Birchmeier, 302 F.R.D. at 256. The Court has already twice confirmed that class certification was appropriate here, the Seventh Circuit declined to disrupt certification, and Taylor provides no reason to revisit those holdings. 6 In any event, Class Counsel helped class members serve more than 600 subpoenas with wireless and landline providers to obtain records and file claims. (Edelson Decl. 2.) The same assistance would have been open to Taylor, but he chose to object instead. Further, numerous class members were able to successfully obtain records of calls they received and filed claims that included supporting documentation. (Id.) Accordingly, Taylor s objection should be overruled. 2. Freedom Home Care Does Not Object to the Class Relief, Only Attorneys Fees. The objection of Freedom Home Care was prepared by notorious serial objector attorney Christopher Bandas, whose pattern of abusive objections is well-documented. See, e.g., Chambers v. Whirlpool Corp., No. CV111733FMOJCGX, 2016 WL , at *7 (C.D. Cal. Oct. 11, 2016), appeal docketed, No (9th Cir.); In re Cathode Ray Tube (CRT) Antitrust Litig., 281 F.R.D. 531, 533 (N.D. Cal. 2012); In re Gen. Elec. Co. Sec. Litig., 998 F.Supp.2d 145, 156 (S.D.N.Y. 2014); In re Hydroxycut Mktg. & Sales Practices Litig., No. 09md2087 BTM (KSC), 2013 WL , *5 (S.D. Cal. Sept. 17, 2013). Even Mr. Bandas could not find anything wrong with the Settlement itself, and he objected only to Class Counsel s 6 The Court was well within its discretion to impose an evidentiary requirement for certain class members in this case. See Saltzman v. Pella Corp.,257 F.R.D. 471, 476 (N.D. Ill. 2009) (in consumer class action against window manufacturer related to inherent product defect, court found that buyers without sales records could verify their class membership by submitting photographs of the damage to their windows), aff d, 606 F.3d 391 (7th Cir. 2010); see also Federal Judicial Center, Manual for Complex Litigation (Fourth) (2004) (affirming that, in class actions, it may be appropriate to require substantiation of the claims (e.g., through invoices, confirmations, or brokers records). ). 20

28 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 28 of 33 PageID #:13403 fee request. Accordingly, Plaintiffs will address Mr. Bandas s client s objection in their reply in support of their fee award as it has no bearing on the approval of the Settlement itself. 3. McCabe Lacks Standing, and, in Any Event, Misunderstands the Settlement. The final objection was filed by Kevin McCabe, who has no standing to raise an objection. Objectors only have standing because they are member[s] of [a] class bound by [a] judgment. Devlin v. Scardelletti, 536 U.S. 1, 7 (2002); see also id. at 10 ( What is most important to this case is that nonnamed class members are parties to the proceedings in the sense of being bound by the settlement. ). McCabe is not such a person. Although McCabe claims to be a class member in his objection, this is doubtful. His telephone number does not appear in Defendants records, and he provided no documentation supporting his claim that he is a class member. To the contrary, the second sentence of his brief explains that he received calls from the Defendants outside of the class period of August, 2011, through August, (Dkt. 545 at 1.) Further, represented by his current counsel, McCabe previously sued CCL, VOMT, and Berkley for violations of the TCPA resulting from telephone calls outside the class period in this case and he never alleged that he received any calls from Defendants during the class period relevant here. See Amended Class Action Complaint, McCabe v. Caribbean Cruise Line, Inc., No. 13-cv-6131, Dkt. 19 (E.D.N.Y.). Given the serious doubt as to McCabe s standing to object, Class Counsel twice requested that McCabe s counsel provide his basis for claiming to be a class member but received no response. (Edelson Dec. 3.) Regardless of whether McCabe is a class member, he is not bound in any meaningful way by this judgment because all of his claims against the Defendants were resolved in the New York proceeding. His claims were dismissed as to VOMT and Berkley, and the Court later entered judgment in favor of McCabe and against CCL in the amount of $2,500. McCabe v. Caribbean 21

29 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 29 of 33 PageID #:13404 Cruise Line, Inc., No. 13-cv-6131, Dkt. 37 (E.D.N.Y. July 3, 2014); id. Dkt. 54 (January 5, 2015). His legal claims against Defendants have therefore been resolved, and he has no further legal rights that the Settlement here could possibly release. Despite not being affected by the Settlement at all, McCabe raises two issues that he believes weigh against final approval. The bulk of his objection relates to the cy pres provision in the Settlement Agreement. McCabe raises a number of cases in which courts have disapproved of settlements that involve donations to charities instead of cash payments to class members. (See Dkt. 545 (citing Hughes, 731 F.3d at 675 and SEC v. Custable, 796 F.3d 653, 656 (7th Cir. 2015, among others).) McCabe is absolutely right that cy pres is inferior to a cash award. (Dkt. 545 at 3.) Fortunately, this is not set up as a cy pres settlement and claiming class members here will receive a cash award. The only way that any money will go to cy pres here is explained extremely clearly in the notice documents: All checks will expire and become void 90 days after they are issued. Any uncashed checks issued to Settlement Class Members during the second round of payments, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive awards to the Class Representatives shall be distributed to an appropriate cy pres recipient selected by the Special Master upon recommendations from Settlement Class Members. (Settlement Agreement Ex. D 9.) McCabe s suggestion that the bulk of the total payout could go to cy pres (Dkt. 545 at 10), is not even a remote possibility. The people who will be receiving these checks have already gone through the trouble of filling out claim forms, providing their contact information, and, in some instances, obtaining further documentary proof such as their telephone records, all with the understanding that if the Settlement is approved, they will receive checks. In the extremely unlikely event that thousands of claiming class members 22

30 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 30 of 33 PageID #:13405 simultaneously decide that they no longer want hundreds of dollars in relief and fail to cash their checks in the first round of payments, the funds will be divided among the rest of the class in the second round of payments. (Settlement Agreement 2.2(f).) Money will only go to cy pres if and only if after two rounds of distribution, class members miss their second chance to cash checks and money still remains in the fund. (Id.) The most likely scenario is that a handful of claiming class members forget to cash their checks and that a few thousand dollars remains in the Settlement Fund. Since it would cost more than that in postage to distribute the funds among the rest of the class (and because nobody wants a check for a penny), the Settlement provides for the donation of those funds. (Settlement Agreement 2.2(f).) This small amount of money cannot raise the due process concerns McCabe notes, see Del Marcelle v. Brown Cty. Corp., 680 F.3d 887, 895 (7th Cir. 2012) ( The principle de minimis non curat lex is applicable to constitutional cases[.] ). 7 Further, there is no possible way that McCabe will ever be affected by any cy pres distribution in this case because he is not a class member and is not entitled to any portion of the Settlement Fund. 7 McCabe also objects that the Settlement Agreement does not identify a specific cy pres recipient. (Dkt. 545 at 8-10). That objection lacks merit, as the Settlement Agreement appropriately allows the Special Master to choose a suitable recipient after hearing from counsel for the Parties and any interested class members. There is no requirement that the recipient be chosen now, and there is good reason not to do so, given the possibility that there won t even be a cy pres distribution in this case. See In re Baby Prod. Antitrust Litig., 708 F.3d 163, 180 (3d Cir. 2013) (holding that settlement agreement was not required to identify cy pres recipient when it described process for choosing potential recipients); Superior Beverage Co. v. Owens-Illinois, Inc., 827 F. Supp. 477, 478 (N.D. Ill. 1993) (after determining that a substantial balance would be available following distributions to class members, the court invited applications for cy pres grants and for suggestions as to how such cy pres distributions should be made ); William B. Rubenstein, Newberg on Class Actions, 12:34 (5th ed. 2015) ( A court or the parties will sometimes wait to see whether there are even excess funds to decide where to send them, or wait until final approval has been granted. Identifying specific recipients before that time may be a waste of effort and/or a lightning rod for objectors. ). 23

31 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 31 of 33 PageID #:13406 McCabe s only other argument is his belief that that the release is too broad because it does not have an explicit date restriction. 8 As McCabe is not releasing any claims as a result of this Settlement, he again has no standing to raise this purported issue. Nevertheless, the objection is baseless because the release already contains such a restriction. By the terms of the Settlement Agreement, the release is limited to claims regarding the alleged calls, that is, calls covered by the complaint in this case. (Settlement Agreement 1.31.) That means calls during the class period. (See Dkt ) As should be obvious from the text of the Settlement, claims unrelated to the calls alleged in the complaint in this action are not released. Because none of the objections raise valid concerns that reflect on the fairness, reasonableness, or adequacy of the Settlement, they pose no bar to final approval. VI. Conclusion For the reasons addressed above, Plaintiffs respectfully request that the Court finally approve the Settlement as fair and reasonable. Dated: February 9, 2017 Respectfully submitted by: 8 /s/ Jay Edelson Jay Edelson EDELSON PC 350 North LaSalle Street, 13th Floor Chicago, Illinois Telephone: jedelson@edelson.com Rafey S. Balabanian Eve-Lynn Rapp McCabe also argues that [t]he notion that a person, who did not choose to bring an action could, by simply doing claims. Thus, such a court s release of a non-participating class member s claims over which the court is not exercising jurisdiction violates due process. (Dkt. 545 at 11.) Plaintiffs are unable to respond to this argument because it is incomprehensible. 24

32 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 32 of 33 PageID #:13407 EDELSON PC 123 Townsend Street, Suite 100 San Francisco, California Tel: Scott R. Rauscher Michael I. Kanovitz Jonathan I. Loevy LOEVY & LOEVY 311 N. Aberdeen St., Third Floor Chicago, Illinois Tel: Class Counsel 25

33 Case: 1:12-cv Document #: 571 Filed: 02/09/17 Page 33 of 33 PageID #:13408 CERTIFICATE OF SERVICE I hereby certify that on February 9, 2017, I served the above and foregoing by causing a true and accurate copy of such paper to be filed and transmitted to all counsel of record via the Court s CM/ECF electronic filing system. s/ Eve-Lynn J. Rapp 26

34 Case: 1:12-cv Document #: Filed: 02/09/17 Page 1 of 5 PageID #:13409!!!!!!!!!!!!!!!! EXHIBIT 1

35 Case: 1:12-cv Document #: Filed: 02/09/17 Page 2 of 5 PageID #:13410 IN THE UNITED STATES DISTRICT COURT FOR THE FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION GERARDO ARANDA, GRANT BIRCHMEIER, STEPHEN PARKES, and REGINA STONE, on behalf of themselves and a class of others similarly situated, Plaintiffs, Case No. 1:12-cv Honorable Matthew F. Kennelly v. CARIBBEAN CRUISE LINE, INC., ECONOMIC STRATEGY GROUP, ECONOMIC STRATEGY GROUP, INC., ECONOMIC STRATEGY, LLC, THE BERKLEY GROUP, INC., and VACATION OWNERSHIP MARKETING TOURS, INC., Defendants. DECLARATION OF JAY EDELSON IN SUPPORT OF PLAINTIFFS AND THE CLASSES MOTION FOR FINAL APPROVAL Pursuant to 28 U.S.C. 1746, I hereby declare and state as follows: 1. I am an attorney admitted to practice before this Court and am entering this Declaration in support of Plaintiffs and the Classes Motion for Final Approval. This Declaration is based on my personal knowledge, except where expressly noted otherwise. If called upon to testify as to the matters attested to herein, I could and would competently do so. 2. I am the founder and CEO of Edelson PC and, along with my co-counsel Scott Rauscher of Loevy & Lovey, was appointed Class Counsel by the Court in the above-captioned matter. Our firms have communicated with thousands of class members regarding the Settlement. In addition, we have helped prepare and serve over 600 subpoenas on wireless and 1

36 Case: 1:12-cv Document #: Filed: 02/09/17 Page 3 of 5 PageID #:13411 landline telephone providers so that potential class members could obtain the proper documentation to file claims. Many of those individuals were able to file claims that included supporting documentation. 3. I received and reviewed the objection of Kevin McCabe and twice attempted to contact his attorney, Todd Bank, to request further information regarding Mr. McCabe s objection and his contention that he is a class member. Mr. Bank never responded. 4. I have reviewed the February 9, 2017 report prepared by KCC, the Settlement Administrator appointed by the Court. I understand that it reflects the most current data available regarding class members claims. 5. The report reflects that, after excluding claims that were screened out as obviously deficient 1 by the Settlement Administrator, 63,724 class members have claimed 366,580 calls. If all challenges to those calls are overruled, then payments to class members alone (without adding attorneys fees, notice, or administration costs) would cause the Settlement Fund to reach the $76 million ceiling. If Plaintiffs request for attorneys fees and incentive awards is granted in full and all of these claims are valid, then class members are due to receive approximately $135 per call Because the Claim Form required class members to provide proof of the number of calls received (in the form of a statement sworn under penalty of perjury), it is unclear 1 Class Counsel made all reasonable efforts to ensure that claimants whose Claim Forms were missing critical information were notified and given the opportunity to cure. 2 At $500 per call, 366,580 calls would exceed the ceiling of $76 million (even without adding notice costs or an attorneys fee award). The Settlement Fund would therefore be $76 million. As explained in the Appendix to Plaintiffs Memorandum in Support of Attorneys Fees, Expenses, and Incentive Awards (Dkt. 533 at 34), the requested attorneys fee award when the ceiling is reached is $24,500,000. After incentive awards, notice and administration costs, and the fee award, $49,460,000 would be available for payments to the class. Divided pro rata among 366,580 calls, that results in a payment of $ per call. 2

37 Case: 1:12-cv Document #: Filed: 02/09/17 Page 4 of 5 PageID #:13412 whether Defendants will ultimately decide to make systematic challenges. If they do, I believe that the majority of their challenges are not likely to succeed and that class members should recover for the overwhelming majority of the 366,580 calls claimed. 7. KCC s report further reflects that of those 366,580 calls, approximately 117,655 calls are directly supported by Defendants records or by records submitted by class members and cannot be subject to any reasonable challenge. To be clear, it is extraordinarily unlikely nearly impossible that only 117,655 calls will be approved and no more. Not only would this number require Defendants to win every single challenge, but as of today, there are still over 900 claims with supporting documentation that have not yet been processed by the Settlement Administrator. More definite information regarding these unprocessed claims will be available at the Final Fairness Hearing. 8. Nevertheless, the 117,655 safe calls claimed demonstrate that reaching the $76 million ceiling is a foregone conclusion. Even if Defendants are successful in every single challenge and even if none of the unprocessed claims with supporting documentation are valid, the 117,655 calls that remained would still require a payment of $58,827,500 to class members at $500 per call. All objections that have been raised with regard to attorneys fees recommend that the Court follow In re Capital One Tel. Consumer Prot. Act Litig., 80 F. Supp. 3d 781, 809 (N.D. Ill. 2015). 3 Even if the Court reduced Plaintiffs request for attorneys fees to the fee award that was granted in Capital One (where the value of the settlement paid to class members was only $54,668,834), and even if the Court declined to grant the $600,000 risk premium that the Captial One court did, the fee award for 117,655 calls would still exceed $15,000,000. Including the 3 As will be explained in detail in Plaintiffs reply in support of fees, Defendants and Freedom Home Care s analyses both contain mathematical errors that make their fee calculations incorrect, even if their theoretical models are accepted. 3

38 Case: 1:12-cv Document #: Filed: 02/09/17 Page 5 of 5 PageID #:13413 approximately $2,000,000 cost of notice and administration, the fund is therefore sure to reach the $76 million ceiling Based on my experience and reasoned judgment, I believe that the Settlement Agreement is fair, reasonable, adequate, and deserving of final approval. I declare under penalty of perjury that the foregoing is true and correct. Executed this 9th day of February 2017 at Chicago, Illinois. s/ Jay Edelson 4 If Plaintiffs attorneys fee request were granted in full in this scenario, the Settlement Fund would still be $76 million and each claiming class member would receive about $420 per call. 4

39 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 1 of 42 PageID #:13435!!!!!!!!!!!!!!!! EXHIBIT 2

40 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 2 of 42 PageID #:13436

41 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 3 of 42 PageID #:13437

42 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 4 of 42 PageID #:13438

43 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 5 of 42 PageID #:13439

44 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 6 of 42 PageID #:13440

45 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 7 of 42 PageID #:13441

46 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 8 of 42 PageID #:13442 Exhibit A

47 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 9 of 42 PageID #:13443 VIA PRIORITY MAIL «First» «Last» «Company» «Address_1» «Address_2» «City», «State» «Zip» October 6, 2016 Re: Notice of Proposed Class Action Settlement Pursuant to 28 U.S.C Dear «First» «Last»: KCC CLASS ACTION SERVICES, LLC has been retained as the independent third-party Claims Administrator in a consolidated class action lawsuit entitled Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone, on behalf of themselves and a class of others similarly situated, v. Caribbean Cruise Line, Inc., Economic Strategy Group, Economic Strategy Group, Inc., Economic Strategy, LLC, The Berkley Group, Inc., and Vacation Ownership Marketing Tours, Inc., Consolidated Case No. 1:12-cv Greenspoon Marder, P.A. represents Caribbean Cruise Line, Inc., and Vacation Ownership Marketing Tours, Inc., and Forde Law Offices LLP represents The Berkley Group, Inc. ( Defendants ). The lawsuit is pending before the Honorable Matthew F. Kennelly in the United States District Court for the Northern District of Illinois, Eastern Division. This letter is to advise you that Plaintiffs filed a Motion for Preliminary Approval of Class Action Settlement in connection with this class action lawsuit on September 26, Case Name: Consolidated Case Number: Jurisdiction: Gerardo Aranda, et al., v. Caribbean Cruise Line, Inc., et al. 1:12-cv (1:13-cv-00093, N.D. Ill; 0:12-cv RSR, S.D. Fl) United States District Court, Northern District of Illinois, Eastern Division Date Settlement Filed with Court: September 26, 2016

48 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 10 of 42 PageID #:13444 «First» «Last» October 6, 2016 Page 2 Defendants deny any wrongdoing or liability whatsoever, but have decided to settle this action solely in order to eliminate the burden, expense, and uncertainties of further litigation. In compliance with 28 U.S.C. 1715(b), the following documents referenced below are included on the CD that is enclosed with this letter: U.S.C. 1715(b)(1) Complaint and Related Materials: Copies of the Complaint, First Amended Complaint, Consolidated Complaint, and Amended Consolidated Complaint are included on the enclosed CD Rom U.S.C. 1715(b)(2) Notice of Any Scheduled Judicial Hearing: Pursuant to the Court s Preliminary Approval Order issued October 5, 2016, a Final Approval Hearing has been scheduled for January 24, 2017 at 9:30 a.m. Central time before the Honorable Matthew F. Kennelly. Copies of the Preliminary Approval Order, Plaintiffs and the Classes Motion for Preliminary Approval, Declaration of Jay Edelson in Support of Plaintiffs and the Classes Motion for Preliminary Approval, and Declaration of Scott Rauscher in Support of Plaintiffs and the Classes Motion for Preliminary Approval are included on the enclosed CD Rom U.S.C. 1715(b)(3) Notification to Class Members: Copies of the Claim Form, Postcard Claim Form, Notice, Long Form Notice, Internet Banner Ads, and Publication Notice to be provided to the class are included on the enclosed CD Rom U.S.C. 1715(b)(4) Class Action Settlement Agreement: A copy of the Class Action Settlement Agreement is included on the enclosed CD Rom U.S.C. 1715(b)(5) Any Settlement or Other Agreement: As of October 6, 2016, no other settlement or agreement has been entered into by the parties to this Action U.S.C. 1715(b)(6) Final Judgment: No Final Judgment has been reached as of October 6, A copy of the Stipulation of Dismissal with Prejudice as to the Individual Claims of Plaintiff Susan Vigus is included on the enclosed CD Rom U.S.C. 1715(b)(7)(A)-(B) Names of Class Members/Estimate of Class Members: While Plaintiffs are in the process of gathering information on this issue, and KCC is processing data as it becomes available, pursuant to 28 U.S.C. 1715(b)(7)(A), at this time a complete list of names of class members as well as each State of residence is not available, because the parties do not presently know the names or current addresses of all the proposed settlement class members and will not learn this information until the Settlement is preliminarily approved and the Court authorizes dissemination of information about the Settlement through the Class Notice. Pursuant to 28 U.S.C. 1715(b)(7)(B), it is estimated that there are approximately 900,000 individuals in the class.

49 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 11 of 42 PageID #:13445 «First» «Last» October 6, 2016 Page U.S.C. 1715(b)(8) Judicial Opinions Related to the Settlement: As the proposed Settlement is still pending final approval by the Court, there are no other opinions available at this time. If for any reason you believe the enclosed information does not fully comply with 28 U.S.C. 1715, please contact Greenspoon Marder, P.A. at (954) or Forde Law Offices LLP at (312) immediately so Defendants can address any concerns or questions you may have. Thank you. Sincerely, Enclosure CD Rom /s/ Patrick M. Passarella Senior Vice President

50 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 12 of 42 PageID #:13446 Exhibit B

51 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 13 of 42 PageID #:13447 Last First Company Address 1 Address 2 City State Zip Richards Craig W. Office of the Alaska Attorney General P.O. Box Juneau AK Strange Luther Office of the Alabama Attorney General 501 Washington Avenue PO Box Montgomery AL Rutledge Leslie Arkansas Attorney General Office 323 Center Street, Suite 200 Little Rock AR Brnovich Mark Office of the Arizona Attorney General 1275 W. Washington Street Phoenix AZ CAFA Coordinator Office of the Attorney General Consumer Law Section 455 Golden Gate Ave., Suite San Francisco CA Coffman Cynthia Office of the Colorado Attorney General Ralph L. Carr Colorado Judicial Center 1300 Broadway, 10th Floor Denver CO Jepsen George State of Connecticut Attorney General's Office 55 Elm Street Hartford CT 6106 Racine Karl A. District of Columbia Attorney General 441 4th Street, NW, Suite 1100S Washington DC Lynch Loretta E. Attorney General of the United States United States Department of Justice 950 Pennsylvania Avenue, NW Washington DC Denn Matt Delaware Attorney General Carvel State Office Building 820 N. French Street Wilmington DE Bondi Pam Office of the Attorney General of Florida The Capitol, PL-01 Tallahassee FL Olens Sam Office of the Georgia Attorney General 40 Capitol Square, SW Atlanta GA Chin Douglas S. Office of the Hawaii Attorney General 425 Queen Street Honolulu HI Miller Tom Iowa Attorney General Hoover State Office Building 1305 E. Walnut Street Des Moines IA Wasden Lawrence State of Idaho Attorney General's Office Statehouse 700 W Jefferson St Boise ID Madigan Lisa Illinois Attorney General James R. Thompson Center 100 W. Randolph Street Chicago IL Zoeller Greg Indiana Attorney General's Office Indiana Government Center South 302 West Washington Street, 5th Floor Indianapolis IN Schmidt Derek Kansas Attorney General 120 S.W. 10th Ave., 2nd Floor Topeka KS Conway Jack Office of the Kentucky Attorney General 700 Capitol Ave Capitol Building, Suite 118 Frankfort KY Caldwell James D. Office of the Louisiana Attorney General P.O. Box Baton Rouge LA Healey Maura Office of the Attorney General of Massachusetts 1 Ashburton Place Boston MA Frosh Brian Office of the Maryland Attorney General 200 St. Paul Place Baltimore MD Mills Janet Office of the Maine Attorney General State House Station 6 Augusta ME Schuette Bill Office of the Michigan Attorney General P.O. Box W. Ottawa Street Lansing MI Lori Swanson Attorney General Attention: CAFA Coordinator 1400 Bremer Tower 445 Minnesota Street St. Paul MN Koster Chris Missouri Attorney General's Office Supreme Court Building 207 W. High Street Jefferson City MO Hood Jim Mississippi Attorney General's Office Department of Justice P.O. Box 220 Jackson MS Fox Tim Office of the Montana Attorney General Justice Bldg. 215 N. Sanders Street Helena MT Cooper Roy Office of the North Carolina Attorney General Department of Justice P.O. Box 629 Raleigh NC Stenehjem Wayne North Dakota Office of the Attorney General State Capitol 600 E. Boulevard Avenue Bismarck ND Peterson Doug Office of the Nebraska Attorney General State Capitol P.O. Box Lincoln NE Foster Joseph A. New Hampshire Attorney General State House Annex 33 Capitol Street Concord NH Hoffman John Jay Office of the New Jersey Attorney General Richard J. Hughes Justice Complex 25 Market Street, P.O. Box 080 Trenton NJ Balderas Hector Office of the New Mexico Attorney General P.O. Drawer 1508 Santa Fe NM Laxalt Adam Paul Nevada Attorney General Old Supreme Ct. Bldg. 100 North Carson Street Carson City NV Schneiderman Eric Office of the New York Attorney General Department of Law The Capitol, 2nd Floor Albany NY DeWine Mike Ohio Attorney General State Office Tower 30 E. Broad Street Columbus OH Pruitt Scott Oklahoma Office of the Attorney General 313 NE 21st Street Oklahoma City OK Rosenblum Ellen F. Office of the Oregon Attorney General Justice Building 1162 Court Street, NE Salem OR Kane Kathleen Pennsylvania Office of the Attorney General 1600 Strawberry Square Harrisburg PA Kilmartin Peter Rhode Island Office of the Attorney General 150 South Main Street Providence RI Wilson Alan South Carolina Attorney General Rembert C. Dennis Office Bldg. P.O. Box Columbia SC Jackley Marty J. South Dakota Office of the Attorney General 1302 East Highway 14, Suite 1 Pierre SD Slatery, III Herbert H. Tennessee Attorney General and Reporter 425 5th Avenue North Nashville TN Paxton Ken Attorney General of Texas Capitol Station P.O. Box Austin TX Reyes Sean Utah Office of the Attorney General State Capitol, Room N State St Salt Lake City UT Herring Mark Office of the Virginia Attorney General 900 East Main Street Richmond VA Sorrell William H. Office of the Attorney General of Vermont 109 State Street Montpelier VT Ferguson Bob Washington State Office of the Attorney General 1125 Washington St SE P.O. Box Olympia WA Schimel Brad Office of the Wisconsin Attorney General Dept of Justice, State Capitol, RM 114 East P.O. Box 7857 Madison WI Morrisey Patrick West Virginia Attorney General State Capitol 1900 Kanawha Blvd E Charleston WV Michael Peter K. Office of the Wyoming Attorney General State Capitol Bldg. 200 W 24th St Cheyenne WY Ale Talauega Eleasalo V. American Samoa Attorney General Exec. Ofc. Bldg, Utulei Territory of American Samoa Pago Pago AS Barrett-Anderson Elizabeth Attorney General Office 590 S. Marine Corps Drive ITC Bldg, Suite 706 Tamuning Guam Manibusan Edward Northern Mariana Islands Attorney General Administration Building PO Box Saipan MP Miranda-Rodriguez Cesar R. Puerto Rico Attorney General P.O. Box San Juan San Juan PR 902 Walker Claude E. Department of Justice Virgin Islands Attorney General Kronprindsens Gade, GERS Bldg, 2nd Floor St. Thomas VI Epstein Richard W. Greenspoon Marder, P.A. 200 East Broward Blvd Suite 1800 Fort Lauderdale FL O'Meara Brian P. Forde Law Offices LLP 111 West Washington Street Suite 1100 Chicago IL Hudson Timothy A. Tabet DiVito Rothstein 209 South LaSalle Street 7th Floor Chicago IL 60604

52 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 14 of 42 PageID #:13448 Exhibit C

53 LEGAL NOTICE Birchmeier et al. v. Caribbean Cruise Line, Inc. et al., Case No. 12-cv (N.D. Ill) Case: 1:12-cv Document #: 578 Filed: 02/1 Caribbean Cruise Line Class Action Administrator P.O. Box Providence, RI If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights. You may be entitled to up to $500 per call. CBX A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer. See reverse for details. For complete information, visit or call «Barcode» Claim#: CBX-«ClaimID»-«MailRec» «First1» «Last1» «CO» «Addr1» «Addr2» «City», «Stt» «Zip» «Country»

54 Case: 1:12-cv Document #: 578 Filed: 02/1 A Settlement has been reached in a class action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants ) violated a federal law called the Telephone Consumer Protection Act. Defendants deny any wrongdoing. The settlement doesn t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Why am I being contacted? Our records indicate that your phone number <ClientPhone> received calls, and therefore, that you are a Settlement Class Member, which includes people that received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received a postcard about this case before. The case has settled and you have a right to le a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available online. What can I get out of the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. Any payment to Settlement Class Members will be made in two roughly equal installments. The settlement also requires Defendants to take steps to ensure compliance with the TCPA. How do I get my payment? Because records show you received a call covered by the lawsuit, you just need to complete and verify a short and simple Claim Form available on the reverse side of this postcard, or available at The Claim Form has two options. Select the rst option if you received three (3) calls or less. You may later be asked to provide additional documents or information about your receiving more than one call. If you received more than three (3) calls, choose the second option and identify the number of calls you received. All Claim Forms must be received by February 1, Visit to nd out more information about the timing for payment of claims. What are my options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get a payment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Who represents me? The Court has appointed lawyers from the rms Edelson PC and Loevy & Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold a Final Approval Hearing on February 23, 2017 at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, IL The Court will hear objections, determine if the settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards. If these requests are granted, any amounts awarded will be paid out of the Settlement Fund and will reduce the overall amount to the Settlement Class. Such requests will be posted on the settlement website. Visit for complete information.

55 <ClaimID> FREE CRUISE CALL SETTLEMENT CLAIM FORM Instructions: Fill out the top section of this form, choose Option One or Option Two based on the number of calls you received, and sign where indicated. You may, if necessary, be required to provide documents or other proof that you received more than one call. First Name Case: 1:12-cv Document #: 578 Filed: 02/1 Last Name Street Address City State ZIP Code Telephone Number(s) at Which Calls Were Received Current Telephone Number (If different) Address YOU MUST PROVIDE ALL OF THE INFORMATION ABOVE, PICK ONE OPTION, FILL IN THE CIRCLE, AND SIGN THIS CLAIM FORM. YOUR CLAIM FORM MUST BE POSTMARKED OR SUBMITTED ONLINE BY FEBRUARY 1, Option One (three (3) calls or fewer): I af rm that I received three (3) or fewer calls on the telephone number listed above between August 2011 and August 2012 that used a prerecorded or robotic voice offering a free cruise in exchange for taking a public opinion and/or political survey. OR Option Two (more than three (3) calls): I af rm that I received (insert number) of calls on the telephone number(s) listed above between August 2011 and August 2012 that used a prerecorded or robotic voice offering a free cruise in exchange for taking a public opinion and/or political survey. By submitting this Claim Form and selecting Option One or Option Two, I declare, under penalty of perjury under the laws of the State in which this Af rmation is executed and the United States of America, that I believe I am a member of the Settlement Class and that the information provided above is true to the best of my knowledge. Signature: Date (MM-DD-YY): - -

56 Case: 1:12-cv Document #: 578 Filed: 02/1

57 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 19 of 42 PageID #:13453 Exhibit D

58 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 20 of 42 PageID #:13454 To: «First1» «Last1» From: Settlement Administrator Subject: Legal Notice: Free Cruise Telephone Call Class Action Settlement UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Birchmeier et al. v. Caribbean Cruise Line, Inc. et al., Case No. 12-cv (N.D. Ill) If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights. You may be entitled to up to $500 per call. A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer. A Settlement has been reached in a class action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants ) violated a federal law called the Telephone Consumer Protection Act (the TCPA ). The lawsuit claims Defendants placed calls using an artificial or prerecorded voice offering a free cruise in exchange for taking a public opinion and/or political survey. The Settlement doesn t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Why am I being contacted? Our records indicate that your phone number «ClientPhone» received calls, and therefore, that you are a Settlement Class Member, which includes people that received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received a postcard about this case before. The case has settled and you have a right to file a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available at What can I get out of the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. Any payment to Settlement Class Members will be made in two roughly equal installments. The Settlement also requires Defendants to take steps to ensure compliance with the TCPA. How do I get my payment? Because records show you received a call covered by the lawsuit, you just need to complete and verify a short and simple Claim Form by clicking here. The Claim Form has two options. Select the first option if you received three (3) calls or less. If you received more than three (3) calls, choose the second option and identify the number of calls you received. You may later be asked to provide additional documents or information about your receiving more than one call. If you received more than three (3) calls, choose the second option and identify the number of calls you received. All Claim Forms must be received by February 1, Visit to find out more information about the timing for payment of claims. What are my options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get a payment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the CBXNTE1

59 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 21 of 42 PageID #:13455 Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Go to for complete details about all of your rights and options and how to exercise them. Who represents me? The Court has appointed lawyers from the firms Edelson PC and Loevy & Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold a Final Approval Hearing on February 23, 2017 at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, IL The Court will hear objections, determine if the Settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards. If these requests are granted, any amounts awarded will be paid out of the Settlement Fund and will reduce the overall amount to be distributed to the Settlement Class. Class Counsels request for fees and an incentive award will be posted on This notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available at contact Class Counsel at , through the Court s online electronic full case docket search at or visit the office of the Clerk of the United States District Court for the Northern District of Illinois, Everett McKinley Dirksen United States Courthouse, 219 S. Dearborn St. Chicago, IL 60604, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays. This message was intended for: «First1» «Last1» You were added to the system «ClientDate» For more information click here. Update your preferences Unsubscribe Unsubscribe via

60 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 22 of 42 PageID #:13456 Exhibit E

61 <custom3strtag> <PAGELABELTAG> Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 23 of 42 PageID #:13457 LEGALS B2 CREDIBLE. COMPELLING. COMPLETE. THE ATLANTA JOURNAL-CONSTITUTION MONDAY, NOVEMBER 7, 2016 METRO Q&A on the News Q: Who pays for President Barack Obama and the first lady s trips to rallies on behalf of Hillary Clinton? Is it the DNC or taxpayer money? David Williams, Dawsonville A: Taxpayers, national committees and the candidates campaign share the costs of the president, vice president and first lady s travel to campaign events. Official expenses are paid by the U.S. government; the costs of political activities are paid by the national party committee and campaign expenses are paid by the candidate s campaign committee, a Federal Election Commission told CNBC in July. When Clinton flies with Obama on Air Force One to campaign stops, such as the one in Charlotte, N.C. in July, her campaign must reimburse the government for her part of the flight. The campaign paid $36, in August to cover the costs of travel. That amount included the trip to Charlotte, CNBC reported. The expenses must be disclosed to the FEC. The White House, of course, follows all rules and regulations that apply to the president s political travel, White House Press Secretary Josh Earnest said, regarding that trip. If the president combines work with campaigning, the campaign can pay for the entire trip, or the expenses may be allocated between the campaign and the government entity proportionally, according to formulas set forth in the regulations, the FEC told CNBC. AndyJohnston with Fast Copy News Service wrote this column. Do you have a question? Call or q&a@ajc.com (include name, phone and city). Torpy continued from B1 legislators reptilian brains. But as I see it, the law should be named Chip s Law, after the DawgNation writer, Chip Towers. Back in early February, Chip put in an open records request at the end of recruiting season you know, that very peculiar period when grown men are mesmerized by the educational intentions of very large 17-year olds. Chip sought spending receipts, including records about Smart s use of aircraft. It turns out the new coach had filled the air with coaches in rented aircraft. In fact, during December and January, UGA spent $558,781, more than three times what Smart s predecessor, Mark Richt spent. The article caused anger in UGA circles. Asked in a press conference about his reliance on planes and helicopters, Smart, a fellow of few words, simply said, Time is money. Five days after the story appeared on DawgNation. com, Smart was at the Capitol hobnobbing with legislators. When you go down there and see celebrities, (the legislators) are like children lining up for autographs, said William Perry, a government transparency guy who observes legislators like a wildlife biologist watches animals in the wild. Soon, lawmakers were falling over themselves asking if they could do something to help Coach, a reverential term accorded the state s highest-paid employee $3.75 million per annum. Next thing you know, the UGA Football Secrecy Act is latched onto another bill that was written to obscure the noble intentions of developers. Who initiated it? The chief of staff to state Sen. Bill Cowsert, a co-sponsor of the bill, told the Macon Telegraph it came to light through Kirby Smart at UGA. The pure and only intention on this is, state Rep. Earl Ehrhart, a UGA grad, said last spring, so people don t have access to find out who our schools are recruiting. It was to prevent state secrets from falling into the hands of enemies you know, Alabama, Florida, Putin. After a spring practice, Smart was asked about the law. I shouldn t get any credit for that, he said. When I went over to the Capitol I was asked what s the difference in our program and some programs I ve been at in the past. One of the things I brought up (open records laws), there s a difference. Smart declined follow-up questions. I just want to talk about football, he said, although he doesn t do much of that, either. His press conferences are short, player availability is limited and he doesn t even take live questions from callers on his radio show, just texts or s. Smart is following the path of his mentor, Alabama coach Nick Saban. The limited access, the silence, the secrecy. I suppose if Saban ate a dill pickle before running onto the field, Kirby would down one, too. Last spring, UGA Athletic Director Greg McGarity complained that UGA s athletics department had to work through mountains of records requests, almost 100 in the past four months. I called Atlanta police. They get 4,000 a year. And they answer in three days. McGarity did not respond to my request to talk. Hollie Manheimer, head of the Georgia First Amendment Foundation, gets irritated thinking about how legislators sneaked the bill through. She said it s broad enough to let universities stall release of expenditures, contract terms and NCAA discipline inquires and complaints. She also worries about other public agencies wanting secrecy expansions. They got 90 days for no good reason, she said. Who else is going to seek extensions? It turns out no other SEC school has anywhere near a 90-day wait. Even Alabama must respond in a reasonable amount of time. And 90 days ain t reasonable. So, let s return to the contention that other schools want to spy on UGA s recruits. In May, Chip Towers and our colleague, DawgNation writer Seth Emerson, filed an open records request on all open records requests that came in about recruits. Were there hundreds of requests? Thousands? Nope, only two. And they came from Athens newspaper, not other schools. One more thing, about the impact. Emerson has five or six pending requests. One goes back to August, when Alabama and UGA played tug of war with a cornerback named Maurice Smith, who ultimately transferred to Athens. Emerson is still waiting for his records requests concerning that transfer. From August! Most City of Atlanta Offices will be closed on Friday, November 11,2016 in observance of the Veteran s Day Holiday. There will be no changes in solid waste collection services. For questions regarding our services or more information, please dial 311 or visit: Follow us online at ATLPublicWorks! He calls it getting 90-dayed. We don t get it when it s fresh, Emerson said. But we re still going to write the story. Not writing just lets the scoundrels win. DailyLaw Journal legal notices PUBLIC HEARING NOTICE FINANCE/EXECUTIVE COMMITTEE Frontage on University Drive and Spring Valley Lane Annexation Wednesday, November 16, :00 P.M. The Finance/Executive Committee of the Atlanta City Council will hold a Public Hearing in Committee Room 1, City Hall, 55 Trinity Avenue, S.W., 2nd Floor on the following proposed legislation: 16-O AN ORDINANCE BY COUNCILMEMBER ALEX WAN TO PROVIDE FOR THE ANNEXATION OF PROPERTIES HAVING FRONTAGE ON UNIVERSITY DRIVE AND SPRING VAL- LEY LANE TO THE CORPORATE LIM- ITS OF THE CITY OF ATLANTA, GEOR- GIA PURSUANT TO THE 60% METH- OD; TO EXTEND THE BOUNDARIES OF THE ATLANTA INDEPENDENT SCHOOL SYSTEM; TO NOTIFY THE GEORGIA DEPARTMENT OF COM- MUNITY AFFAIRS OF SUCH ANNEXA- TION; AND FOR OTHER PURPOSES. Acopy of the proposed Ordinance is on file in the Office of the Municipal Clerk of the City of Atlanta for the purpose of examination and inspection of the public. Written comments to the Atlanta City Council may be submitted in care of the Municipal Clerk until November 21, PUBLIC HEARING NOTICE COMMUNITY DEVELOPMENT/ HUMAN RESOURCES COMMITTEE November 29, :30 P.M. The Community Development/Human Resource Committee of the Atlanta City Council will hold apublic Hearing in Committee Room 1, City Hall, 55 Trinity Avenue, S.W., on the following proposed legislation: 16-O AN ORDINANCE BY COM- MUNITY DEVELOPMENT/HUMAN RE- SOURCES COMMITTEE AMENDING AT- LANTA CODE OF ORDINANCES SEC- TION TO REVISE CERTAIN FEES RELATED TO AMENITIES AND PRO- GRAMS OFFERED BY THE DEPART- MENT OF PARKS AND RECREATION; AND FOR OTHER PURPOSES. Detailed information on the proposed fee changes may be obtained from Theo Pace at TPace@atlantaga.gov LEGAL NOTICE Notification is hereby given that PNC Bank National Association, 222 Delaware Avenue, Wilmington, DE 19899, New Castle County, has filed an application with the Comptroller of the Currency on November 4, 2016, as specified in 12 CFR 5for permission to establish a domestic branch at 1925 Cobb Parkway, Suite 100, Kennesaw, GA 30152, Cobb County. Any person wishing to comment on this application may file comments in writing with the Office of the Comptroller of the Currency, 340 Madison Avenue, Fifth Floor, New York, New legal notices York 10173, within 30 days of the date of this publication. The nonconfidential portions of the application are on file with the Deputy Comptroller as part of the public file. This file is available for public inspection during regular business hours. 11-7/ INVITATION FOR BIDS METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY (MARTA) will accept Bids as follows: IFB B38222 Bus Engine and Transmission Overhaul/Rebuild. Bid Submittal November 14, 2016 from 9:00 a.m. to 2:00 p.m. MARTA Annex. Bid Opening November 15, 2016 at 3:00 p.m. MAR- TA Headquarters. For more information contact Malcolm Tyson at IFB B37446 Authority-Wide Automated Teller Machines (ATM). Bid Submittal November 17, 2016 from 9:00 a.m. to 2:00 p.m. MARTA Annex. Bid Opening November 18, 2016 at 2:00 p.m. MAR- TA Headquarters. For more information contact Kippine Smith at To obtain abid document or CD, contact MARTA s Contract Control Branch at You may also use a major credit card to purchase Bid documents or CDs. Bid documents should be received at MARTA s Annex Building, 2400 Piedmont Road, N.E., Atlanta, GA by the aforementioned date and local time and envelopes containing bids MUST BE marked with Bid Number. Contracts are subject to Federal Grant Regulations and to MARTA s Resolution on Equal Opportunity prohibiting discrimination based on race, color, sex, religion or national origin. View MARTA s Home Page About MARTA LEGAL NOTICE OF AVAILABILITY The United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services (WS) program, incooperation with the Tennessee Valley Authority (TVA), has developed an Environmental Assessment (EA) to evaluate potential impacts to the quality of the human environment from the implementation of a management program in Georgia to address damage caused by several mammal species. The proposed action would implement an integrated methods approach using avariety of methods to reduce damage and threats of damage associated with mammals. The EA analyzes the potential for environmental effects associated with several alternative strategies to reduce mammal damage and threats in Georgia. WS and the TVA are requesting the public provide their comments on the EA. Interested parties may obtain acopy of the EA by visiting the website at =APHIS or by sending awrit- ten request to USDA/APHIS/WS, 200 Phoenix Road, Athens, Georgia WS and the TVA request that you submit comments on the EA electronically So get ready to one day read that preseason story. Maybe before the end of the season. legal notices y at the website listed or by sending written comments to the address listed. To receive full consideration, WS and the TVA must receive all comments by the end of the day on December 16, I have applied to the City of Atlanta for a change of ownership for Mygrayni, LLC d/b/a Chicago s Nancy s Pizza Restaurant w/liq., beer & wine consumed w/live entertainment, 265 Ponce De Leon Ave., Atlanta, GA Hearing to be held 11/22/2016 by the License Review board, 2nd floor, Committee Room #2, 55 Trinity Ave. Michael Glover, Agent legal liquor license I have applied to the City of Atlanta for a new application/new location MLK Westland BP, Inc. d/b/a MLK Westland BP Food Store Retail Beer & Wine, 295 MLK Jr. Drive, NW, Atlanta, GA Hearing to be held 11/22/16, 5 p.m., by the License Review board, 2nd floor, Committee Room #2, 55 Trinity Ave. Yasir Khan, Agent Read ajccars Every Friday and Saturday legal notices LegalNotice If youreceivedanautomated call between August 2011 and August 2012 offering afreecruise in exchange fortaking a political and/or public opinion survey, aclass action settlement may affect your rights. Youmay be entitled to up to $500 per call. COURTAUTHORIZED NOTICE OF CLASS ACTION ASettlement has been reached in aclass action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants ) violated afederal law called the Telephone Consumer Protection Act. Defendants deny any wrongdoing. The settlement doesn t decide who is right, but rather is acompromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Am Ipart of the Settlement? You may be asettlement Class Member if you received aprerecorded or robotic voice telephone call between August 2011 and August 2012 that offered afree cruise in exchange for taking apublic opinion and/or political survey. You may have received notice about this case before. The case has settled and you have aright to file aclaim for ashare of the Settlement Fund. More information about the calls and the Settlement is available online. More information, including the full class definition, is in the detailed Long Form Website Notice at What can Iget out the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. The settlement also requires Defendants to take steps to ensure compliance with the TCPA. If you are included, you need to complete aclaim Form available at All Claim Forms must be received by February 1, What are my rights &options? You can do nothing, submit aclaim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit aclaim Form, you won t be able to sue Defendants in afuture lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get apayment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Who represents me? The Court has appointed lawyers from the firms Edelson PC and Loevy &Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold afinal approval hearing on February 23, 2017, at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, Illinois The Court will hear objections, determine if the settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards which will be posted on the settlement website. How do Iget more information? This Notice is only asummary of the lawsuit. For more information including the full notice and to file aclaim form, go to contact the claims administrator at or Caribbean Cruise Line Class Action Administrator, P.O. Box 43435, Providence, RI , or call Class Counsel at By Order of the Court Dated: October 5, 2016 Best Campaign Coverage

62 A8 The Region The Boston Globe MONDAY, NOVEMBER 7, 2016 her organization, the American Immigrant Federation and its affiliates, had 20,000 clients. But after subpoenaing hundreds of her documents, New York officials said they found that she illegally overcharged immigrants, defrauded them with false promises of US citizenship, and engaged in the unauthorized practice of law. Born in Paraguay, Figueredo courted clients through radio shows and a talk show on Spanish language TV. At first, she charged immigrants a $100 annual membership fee to provide free or low-cost legal services. But gradually costs ballooned into thousands of dollars to prepare and file immigration applications. Investigators said the federation allowed non-lawyers to handle immigrants files, often with disastrous consequences. Many immigrants faced deportation after her office handled their cases, according to the state of New York. In April 2010, Figueredo signed a settlement that required her to close her offices, never provide immigration services in New York again, and repay former clients in exchange for the attorney general dropping the case. She did not admit or deny wrongdoing. Months later, Cuomo was elected governor and the case faded. In 2013, a news article said the New York attorney general s office was looking for Figueredo. Around that time, according to the Massachusetts attorney general s office, New York officials tipped them off that Figueredo might be here. Massachusetts officials said they did not find Figueredo operating here and do not have the authority to seek restitution for New York. Figueredo was hard to trace: In Massachusetts she is known as Julia which her daughter s lawyer says is her given name and the Globe could not find her in state public records. And although she frequents her daughter s law office, her name is absent from the staff list in the Boston law firm, which is known for its prodigious use of social media. Johanna Herrero, her 31- year-old daughter, is a licensed lawyer and managing partner at the firm and a cousin, Ricardo Figueredo, is a paralegal. Herrero and her cousin used to work for Figueredo in New York but were not implicated in the investigation or her 2010 settlement. The Globe observed Figueredo at her daughter s bustling law offices on several occasions last month, carrying file folders or sitting in an office, at times leaving well after the 5 p.m. closing time. Often when she left for the day, Figueredo slipped into a silver Acura waiting outside to drive her away. On at least one day, Figueredo was in the office while her daughter was not. In a brief interview at her daughter s law office, Figueredo at first denied that she had been president of the Ameri- FIGUEREDO Continued from Page A1 can Immigrant Federation. Wearing a neat jacket with her hair pulled back, she emerged from an office and said her name was Julia Herrero. She acknowledged her identity only after she ushered the Globe reporter into a private office and the reporter showed her federal tax records linking her to the New York nonprofit. Figueredo said she was unable to pay back the money because she is unpaid. I m not working here, she said in Spanish. This is my daughter s law office. I only come here to help. Figueredo said she was not handling immigration cases and was just helping with the accounts. She noted that she lost her house through the settlement. All I could give, I gave, she said. But others questioned why Figueredo is working for free when she has to repay hundreds of victims. [Figueredo] is fully aware that she needs to pay restitution to her victims and she should be making an honest effort to do that, Fernando Aquino, spokesman for the New York attorney general s office, said in a statement. Herrero, Figueredo s daughter, referred questions to her lawyer, Howard Cooper. He emphasized that Herrero was not accused of wrongdoing by the New York attorney general s office and was a young student in her 20s when her mother lost everything. Cooper said that Figueredo was helping out administratively at Herrero s office and confirmed that she is unpaid. What she s doing is simply amotherhelpingouther daughter, Cooper said. Critics say government officials have done little to ensure that Figueredo s victims get paid and they were outraged that immigrants are scraping by without the repayment she promised. Nothing was done, said Alejandro Gutierrez, a Buffalo lawyer who said he helped some of Figueredo s former clients. Even though the state promised to help them get their money back, it really was not done. Figueredo s lawyer in New York, Michael Bachner, said the attorney general s office never contacted him after the 2010 settlement to notify him that Figueredo hadn t paid. He also said he has not heard from Figueredo in quite a while. Braulio Erazo, a former vegetable hawker from Honduras who lives in the Bronx, says his family lost $20,000 to Figueredo. He said he believed she was alawyerwhocouldsecure green cards for his family because she appeared every Sunday morning on Spanish-language TV. A wolf in sheep s clothing, he says now. He said he later discovered that Figueredo had not filed his immigration papers properly and he ended up paying another $3,000 to a lawyer to salvage his case. He said he needs the promised restitution from Figueredo more than ever: Since he lost the money, he had open-heart surgery and cannot work, and his son died of a heart problem in I never recovered anything. Imagine, said Erazo, in atelephoneinterview. She s shameless. Although Figueredo is helping out her daughter s immigration law firm, Cooper, her daughter s lawyer, said the circumstances are dramatically different. Herrero has been a lawyer in good standing in Massachusetts since 2011, he said, and with her colleagues has helped hundreds of people. Johanna Herrero is a terrific young lawyer who has built a highly regarded immigration law firm, Cooper said in a statement. Whatever wrongs her mother was accused of doing at a time when Johanna had not even completed her education, Johanna herself was never accused of doing anything wrong. According to Herrero s website, the Boston firm has a strong national client base, and Herrero actively provides free services for indigent clients. Herrero also recently purchased a luxury condo in Boston for nearly $1 million. Cooper acknowledged that Herrero had a role in her mother s New York organization, mostly while she was also studying full time there and in Massachusetts. Herrero s Massachusetts law license application says she worked for her mother s organization until 2008, but federal tax records say she remained there, earning $25,000 to $35,000 a year, until it closed in April Cooper said Herrero s bar application accurately reflects the time period Herrero worked most intensively for her mother s organization. On Oct. 21, the American Immigration Lawyers Association in New England removed Herrero from her role as its social-media liaison after the Globe raised questions about Figueredo s role in Herrero s law office, said the chapter chair, Susan Church. Although Ms. Herrero is not charged or accused of fraud or misconduct, at this time she is no longer acting as the social media liaison out of an abundance of caution until the facts can be determined, Church said in a statement. Lisa Tuite contributed to this report. Maria Sacchetti can be reached at maria.sacchetti@globe.com. Follow her on KEITH BEDFORD/GLOBE STAFF Stella Figueredo, right, works for free in the State Street offices of her daughter, immigration lawyer Johanna Herrero. She owes immigrants in New York $1 million. Victims are owed $1m, but she works for free Even though the state promised to help them get their money back, it really was not done. ALEJANDRO GUTIERREZ Lawyer who said he helped some of Figueredo s former clients Visit Boston.com/cars powered by Cargurus.com Buying acar this week? Check out new and used car specials from over 100 local dealers. powered by LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES Legal Notice If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights. You may be entitled to up to $500 per call. ASettlementhasbeenreachedinaclassactionlawsuitclaimingthatCaribbeanCruiseLine,Inc.,VacationOwnership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants )violatedafederallawcalledthetelephone Consumer Protection Act. Defendants deny any wrongdoing. The settlement doesn t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Am I part of the Settlement? You may be a Settlement Class Member if you received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received notice about this case before. The case has settled and you have a right to file a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available online. More information, including the full class definition, is in the detailed Long Form Website Notice at What can I get out the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. The settlement also requires Defendants to take steps to ensure compliance with the TCPA. If you are included, you need to complete a Claim Form available at All Claim Forms must be received by February 1, What are my rights & options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get a payment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Who represents me? The Court has appointed lawyers from the firms Edelson PC and Loevy & Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold a final approval hearing on February 23, 2017, at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, Illinois The Court will hear objections, determine if the settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards which will be posted on the settlement website. How do I get more information? This Notice is only a summary of the lawsuit. For more information including the full notice and to file a claim form, go to contact the claims administrator at or Caribbean Cruise Line Class Action Administrator, P.O. Box 43435, Providence, RI , or call Class Counsel at By Order of the Court Dated: October 5, 2016 COURT AUTHORIZED NOTICE OF CLASS ACTION MORTGAGEE S NOTICE OF SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Nwawunze J. Igbokwe to Ameriquest Mortgage Company, dated February 13, 2003 and recorded with the Suffolk County Registry of Deeds at Book 30599, Page 277 subsequently assigned to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2003-AR2, under the Pooling and Servicing Agreement dated May 1, 2003 by Ameriquest Mortgage Company by assignment recorded in said Registry of Deeds at Book 44556, Page 293 and subsequently assigned to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass- Through Certificates, Series 2003-AR2 by Ameriquest Mortgage Company by assignment recorded in said Registry of Deeds at Book 54661, Page 331; of which Mortgage the undersigned is the present holder for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 11:00 AM on November 28, 2016 at 361 Neponset Avenue, Boston (Dorchester), MA, all and singular the premises described in said Mortgage, to wit: The land in the Dorchester district of said Boston, now known as No. 361 Neponset Avenue, corner of Chickatawbut Street, comprising a parcel of land (with a single family dwelling house and attached carriage house thereon), bounded and further described as follows: EASTERLY by said Neponset Avenue; SOUTHERLY by said Chickatawbut Street; WESTERLY by a fence on line of land formerly of Katherine V. Kelly, being shown as Lot C on a plan duly recorded with Suffolk County Registry of Deeds (in said Boston) in Book 5049, Page 19, seventy (70) feet, eight (8) inches; NORTHERLY by land formerly of Caleb Wilson, more recently of Sanford Small, ninety-four (94) feet. For title see deed herewith The premises are to be sold subject to and with the benefit of all easements, restrictions, building and zoning laws, liens, attorney s fees and costs pursuant to M.G.L.Ch.183A, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession. TERMS OF SALE: A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS ($5,000.00) in the form of a certified check, bank treasurer s check or money order will be required to be delivered at or before the time the bid is offered. The successful bidder will be required to execute a Foreclosure Sale Agreement immediately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, bank treasurer s check or other check satisfactory to Mortgagee s attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by written or oral announcement made before or during the foreclosure sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee s attorney. The description of the premises contained in said mortgage shall control in the event of an error in this publication. TIME WILL BE OF THE ESSENCE. Other terms if any, to be announced at the sale. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass- Through Certificates, Series 2003-AR2 Present Holder of said Mortgage, By Its Attorneys, ORLANS MORAN PLLC PO Box Waltham, MA Phone: (781) (11/7, 11/14 and 11/21/16) MASSACHUSETTS CONVENTION CENTER AUTHORITY ADVERTISEMENT FOR BIDS Boston Convention and Exhibition Center Loading Dock Equipment Maintenance Contract The Massachusetts Convention Center Authority (the Authority ) will receive sealed bids for the Boston Convention and Exhibition Center Loading Dock Equipment Maintenance Contract at the offices of the Authority at 415 Summer Street, Boston, Massachusetts 02210, until 12:00 noon local time on November 29, 2016, immediately after which, in a designated room, the bids will be opened and read publicly. This contract includes providing all labor, materials and equipment necessary to perform preventative maintenance to industrial sliding doors, interior and exterior coiling doors, dock levelers, truck restraints and dock seals at the Boston Convention and Exhibition Center. This maintenance contract shall be for a term of three years. Apre-bidconferencewillbeheldat10:00a.m.onWednesday, November 16, 2016 at the offices of the Authority at 415 Summer Street, Boston, Massachusetts. Bidders will have an opportunity to visit the site of the work after the pre-bid conference. Questions or requests for information, clarification or interpretation of the bidding documents must be submitted in writing in accordance with the Instructions to Bidders and must be received no later than 5 p.m., November 18, Contract documents for bidders will be available on or after November 7, 2016 via the Authority s website and each bidder may obtain the documents at such address, together with any addenda or amendments which the Authority may issue. Each bid shall be submitted and will be considered in accordance with the Instructions to Bidders and other Contract Documents, and shall be accompanied by a bid deposit in the amount of 5% of the value of the bid. The Authority reserves the right to waive any informality in or to reject any or all bids if it be in the public interest to do so. The Authority reserves the right to cancel this procurement at any time without liability to any bidder or other party. The successful general bidder will be required to furnish a a labor and materials or payment bond as set forth in the bid form. Attention is called to the minimum rates of wages to be paid on the work as determined under the provisions of Chapter 149, Massachusetts General Laws, Sections 26 to 27D, inclusive, as amended, and as set forth in the Contract Documents, which the contractor will be required to pay. Date: November 7, 2016 Notice of Public Hearing Notice is hereby provided that in accordance with G.L. c. 30A 2, the Massachusetts Gaming Commission ( Commission ) will convene a public hearing for purposes of gathering comments, ideas, and information relative to proposed amendments to 205 CMR. The proposal was developed pursuant to G.L. c. 23K 5, as part of the Commission s regulation promulgation process. The proposal includes the following amendments: 205 CMR : Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations. The amendments set new requirements to initiate a vendor registration, create an administrative closure process, modify secondary vendor determinations and scoping, create a de minimus exemption for vendor registration, provide greater discretion to the Division of Licensing to modify application forms, change the approval process for Gaming Vendors-Primary and Key Gaming Executives, provide the ability for an applicant to prove rehabilitation before a denial is issued, modify the process by which Labor Organizations submit information to the Commission, and incorporate direct reference to the current hearing regulations contained in 205 CMR 101. Scheduled hearing date and time: November 30, 2016 at 11:00 a.m. Hearing location: Massachusetts Gaming Commission, 101 Federal Street, 12th Floor, Boston, Massachusetts. Acompletecopyofthedraftregulationsreferencedabove may be downloaded by visiting and clicking on the Regulations tab. Anybody wishing to offer comment on any of the draft regulations may appear at the public hearing at the designated date and time or submit written comments. Those who wish to submit written comments on the draft regulations may do so by sending an mgccomments@state.ma.us to with draft regulations comment in the subject line. Please be certain to identify in your comments the section number of the regulation for which you are commenting. Comments must be received by 4:00 p.m. on Thursday, December 1, THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS NOTICE OF PUBLIC HEARINGS AND COMMENT Notice is hereby given that the Massachusetts Water Resources Commission and the Massachusetts Executive Office of Energy and Environmental Affairs (EEA), under its authority pursuant to M.G.L. c. 29, 2IIII, and in conformance with M.G.L. c.30a, will hold public hearings and a public comment period on proposed amendments to 313 CMR 4.00: THE INTERBASIN TRANSFER ACT regulations. The proposed revisions are meant to streamline and update the existing regulations and provide specific direction for various types of interbasin transfers. Two (2) public hearings to receive comments on these proposed revisions have been scheduled: 1. Tuesday, December 6, 2016, at 11:00 AM - 1:00 PM, at the DCR Quabbin Blue Meadow Conference Center, 370 Blue Meadow Road, Belchertown, MA 01007; 2. Thursday December 8, 2016 at 10:00 AM - 12:00 Noon, at 100 Cambridge Street, Conference Room C, Boston, MA Written testimony will be accepted until 5:00 PM, Friday, December 23, Written testimony should be submitted via to Vandana.Rao@state.ma.us or mailed to: Vandana Rao, Executive Office of Energy and Environmental Affairs, 100 Cambridge Street, Suite 900, Boston, MA Copies of the proposed regulations are available on the EEA website at proposed-amendments-to-regulations.html. For special accommodations for this event or to obtain this information in an alternative format, you may contact Evanice Torres, ADA coordinator, at , 100 Cambridge Street, Suite 900, Boston, MA By the order of the Executive Office of Energy and Environmental Affairs Matthew A. Beaton Notice of Public Hearing MASSACHUSETTS DEVELOPMENT FINANCE AGENCY Notice is hereby given that a public hearing will be conducted by the Massachusetts Development Finance Agency ( MassDevelopment ) at 10:00 a.m. on Monday, November 21, 2016, at 1350 Main Street, Suite 1110, Springfield, Massachusetts, on the proposal of Baystate Medical Center, Inc. (the Institution ) that MassDevelopment: (1) Approve the following projects to be owned by the Institution and used for healthcare purposes: the purchase and installation of miscellaneous capital equipment for use in the operations of the Institution, including linear accelerators, information technology, patient room and pharmacy equipment, to be located at 3350 Main Street, Marvin Street or 759 Chestnut Street, Springfield, Massachusetts; and (2) Authorize the financing and refinancing of such costs by the issuance by MassDevelopment of taxexempt obligations in accordance with Chapter 614 of the Massachusetts Acts of 1968 as amended, with an aggregate principal amount not to exceed $5,937,110, which obligations will not constitute a debt or pledge of the faith and credit of MassDevelopment or of The Commonwealth of Massachusetts. Interested persons wishing to express their views on such projects and the proposed issuance of taxexempt obligations to finance and refinance the projects will be given the opportunity to do so at the public hearing or may, prior to the time of the public hearing, submit their views in writing to Massachusetts Development Finance Agency, 99 High Street, Boston, Massachusetts MASSACHUSETTS DEVELOPMENT FINANCE AGENCY City Of Boston Public Improvement Commission November 3, 2016 Ordered: That due notice be given that this Commission is of the opinion that in said City of Boston the following public improvements will be considered at the request of the petitioners: Trinity Orient Heights Phase One GP LLC and the Boston Housing Authority. On a joint petition by the petitioners for the making of Specific Repairs within Waldemar Avenue, EastBoston, located on its southerly side generally between William F. McClellan Highway and Crestway Road, consisting of roadway, curb, and sidewalk reconstruction, as well as new and relocated street trees, irrigation infrastructure, and driveway curb cuts. This Commission appoints November 17, 2016, at10:00 AM, in Boston City Hall room 801, as the time and place for the Public Hearing to consider the petition of the petitioners. MICHAEL D. DENNEHY ) GARY MOCCIA ) GINA FIANDACA ) GREGORY ROONEY ) PUBLIC IMPROVEMENT COMMISSION AtruecopyofanorderpassedbysaidCommission on said day. Attest: Todd M. Liming, P.E. Executive Secretary City Of Boston Public Improvement Commission November 3, 2016 Ordered: That due notice be given that this Commission is of the opinion that in said City of Boston the following public improvements will be considered at the request of the petitioners: Trinity Orient Heights Phase One GP LLC and the Boston Housing Authority. On a joint petition by the petitioners for the acceptance of a Pedestrian Easement adjacent to Waldemar Avenue, East Boston, located on its southerly side generally between William F. McClellan Highway and Crestway Road. This Commission appoints November 17, 2016, at10:00 AM, in Boston City Hall room 801, as the time and place for the Public Hearing to consider the petition of the petitioners. MICHAEL D. DENNEHY ) GARY MOCCIA ) GINA FIANDACA ) GREGORY ROONEY ) PUBLIC IMPROVEMENT COMMISSION AtruecopyofanorderpassedbysaidCommission on said day. Attest: Todd M. Liming, P.E. Executive Secretary CITY OF NEWTON LEGAL NOTICE MONDAY, NOVEMBER 14, 2016 APublicHearingwillbeheld on Monday, November 14, 2016, at 7:45 PM, Second Floor, NEWTON CITY HALL before the ZONING & PLAN- NING COMMITTEE and the PLANNING & DEVELOPMENT BOARD, for the purpose of hearing the following petition, at which time all parties interested in this item shall be heard. Notice will be published Monday, October 31, 2016 and Monday, November 7, 2016, in The Boston Globe and Wednesday, November 9, 2016 in the Newton Tab, with a copy posted online at and in a conspicuous place at Newton City Hall. Copies of the proposed changes are available at the City Clerk s office or can be found online at: newtonma.gov/civicax/filebank/documents/78658 # HIS HONOR THE MAYOR, COUNCILORS HESS-MAHAN, ALBRIGHT, CICCONE, CROSSLEY, AND NORTON proposing to amend Newton Zoning Ordinance Chapter 30, Section Accessory Apartments and Section Number of Parking Stalls, in order to create a new accessory apartment ordinance that would expand the availability of accessory apartments. The amendment would allow an accessory apartment by right in single-family and two-family dwellings, or in detached accessory structures, subject to listed standards and restrictions, some of which could be varied by special permit. The amendment would eliminate the requirement that an additional off-street parking space be provided for an accessory apartment; however the principal dwelling must provide required off-street parking under Sec. 5.1, with a waiver for this requirement in certain circumstances. Public Notice Living Wisdom Home Health Agency, LLC 189 Belmont Street Brockton, MA Notice is hereby given that the provider agreement between Living Wisdom Home Health Agency, LLC, and the Secretary of the Department of Health and Human Services, as a provider of skilled nursing services under the Health Insurance for the Aged and Disabled Program (Medicare), will be terminated effective November 25, The Centers for Medicare & Medicaid Services has determined that Living Wisdom Home Health Agency, LLC, has failed to maintain compliance with Medicare requirements. No payment for services rendered by Living Wisdom Home Health Agency, LLC, may be made under the Medicare program, except for home health agency services rendered to Medicare beneficiaries who were admitted to Living Wisdom Home Health Agency, LLC, before the close of November 24, Payment is specifically limited to services furnished through the close of December 24, No payment will be made for such services rendered after December 24, J. William Roberson Associate Regional Administrator Northeast Consortium Division of Survey, Certification & Enforcement NOTICE OF PUBLIC SALE. Notice is hereby given that PODS Enterprises, LLC will sell the contents of certain containers at auction to the highest bidder. Auctions will be held at 625 University Ave, Norwood, MA on November 15, 2016 starting at 12:00 PM. Contents to be sold may include general household goods, electronics, office &businessequipment,furniture, clothing and other miscellaneous property. Contents are stored by the following persons: CUS- TOMER POD# Rafael Acosta 12A44 Christopher Bonadies 264A44 Paula Quest 292A44 Paul Hoefel 348A44 Siobhan Brady 220A44 Chandra Askew 238A44 Bertha Brooks 57B44; 1033B44; 509B44 Jessie Harris 124A44 Noelle Armstrong 679A44 Sarah Polese 387B44; 48652BX Barbara Costa 527B44 Warren Fossett 532B44 Melinda Curran 733B44 Anthony Degrace 924B44 David Rothchild 1088B44 Vinnie Dodero 1450B44 Joanne Pierre 1691B44 Leo Moss 8300B44 Kait Upham 1562B26 Joshua Zohn 962B3 Rose Gonzalez 6812BX Troy Askew 129B90 Michelle Grew 34966BX Sarah Angers 6253VX Brian Pomerleau 66557BX Wendy Carrabba 25B44; 8018B55 Olivia D Mora 245A44 Cynthia Lane 90A44 Gaya Williams 297A44 LaDonna Hampton 8023VX ABANDONED VESSEL LEGAL NOTICE Pursuant to M. G. L. c. 255, Section 17, Brewer Onset Bay Marina has a lien for boat storage in the amount of $86, on a1992 Holiday Mansion 38 Hull Identification Number HMH01473A292 known as CAYMEN ISLAND last known owner being a Curtis B. Dolinsky of 1 Manor Lane Sharon MA and also of 11 Northport Drive Wareham MA that is stored at Brewer Onset Bay Marina facility at 3 Green Street Buzzards Bay MA Said vessel will be sold through a private sale at Brewer Onset Bay Marina 3 Green Street Buzzards Bay MA on Wednesday February 8th 2017 at 9 AM a date which is at least ninety (90) days from the last of three (3) anticipated consecutive days legal notice publication in a newspaper of general circulation in Sharon MA and Wareham MA of each owner of record unless said lien is satisfied. All inquires should be directed to Brewer Onset Bay Marina at the address above or via telephone at Pursuant to Chapter 255 Section of the General Laws of Massachusetts, Brewer Fiddlers Cove Marina has a lien for boat storage in the amount of $20, plus interest on a Mainship owned by Jeff and Kim Noveletsky of 19 Reynolds Street, N.Easton, MA and Key Bank of 4910 Tiedman Rd, Ste C, Brooklyn, OH that is stored at Brewer Fiddlers Cove Marina at 42 Fiddlers Cove Rd, N.Falmouth, MA Said vessell will be sold, kept or disposed of by Brewer Fiddlers Cove Marina unless said owners come forward to satifsy said lien within 90 days of this notice. All inquiries should be directed to Brewer Fiddlers Cove Marina, at the address listed or by calling Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 24 of 42 PageID #:13458

63 4 Chicago Tribune Business Section 2 Monday, November 7, 2016 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 25 of 42 PageID #:13459 Rise of the machines takes jobs Automation bigger factor than foreign trade at factories, research indicates By Paul Wiseman Associated Press WASHINGTON Donald Trump blames Mexico and China for stealing millions of jobs from the United States. He might want to bash the robots instead. Despite the Republican presidential nominee s charge that we don t make anything anymore, manufacturing is still flourishing in America. Problem is, factories don t need as many people as they used to because machines now do so much of the work. America has lost more than 7 million factory jobs since manufacturing employment peaked in Yet American factory production, minus raw materials and some other costs, more than doubled over the same span to $1.91 trillion last year, according to the Commerce Department, which uses 2009 dollars to adjust for inflation. That s a notch below the record set on the eve of the Great Recession in And it makes U.S. manufacturers No. 2 in the world behind China. Trump and other critics are right that trade has claimed some American factory jobs, especially after China joined the World Trade Organization in 2001 and gained easier access to the U.S. market. And industries that have relied heavily on labor like textile and furniture manufacturing have lost jobs and production to low-wage foreign competition. U.S. textile production, for instance, is down 46 percent since And over that time, the textile industry has shed 366,000, or 62 percent, of its jobs in the United States. But research shows that the automation of U.S. factories is a much bigger factor than foreign trade in the loss of factory jobs. AstudyatBallStateUniversity s Center for Business and Economic Research last year found that trade accounted for 13 percent of America s lost factory jobs. The vast majority of the lost jobs 88 percent were taken by robots and other homegrown factors that reduce factories need for human labor. We re making more with fewer people, says Howard Shatz, a senior economist at the RAND Corp. think tank. General Motors, for instance, now employs barely a third of the 600,000 workers it had in the 1970s. Yet it churns out more cars and trucks than ever. Or look at production of steel and other primary metals. Since 1997, the United States has lost 265,000 jobs in the production of primary metals a 42 percent plunge at a time when such production in the U.S. has surged 38 percent. Allan Collard-Wexler of Duke University and Jan De Loecker of Princeton University found last year that America didn t lose most CHUCK BURTON/AP A worker loads spools of thread at an automated plant that recycles plastic bottles into Repreve yarn in Yadkinville, N.C. steel jobs to foreign competition or faltering sales. Steel jobs vanished because of the rise of a new technology: Super-efficient mini-mills that make steel largely from scrap metal. The Boston Consulting Group predicts that investment in industrial robots will grow 10 percent a year in the 25 biggest export nations through 2025, up from 2 or 3 percent growth in recent years. The economics of robotics are hard to argue with. When products are replaced or updated, robots can be reprogrammed far faster and more easily than people can be retrained. And the costs are dropping: Owning and operating aroboticspotweldercostan average $182,000 in 2005 and $133,000 in 2014 and will likely run $103,000 by 2025, Boston Consulting says. Robots will shrink labor costs 22 percent in the United States, 25 percent in Japan and 33 percent in South Korea, the firm estimates. CEO Ron DeFeo is overseeing a turnaround at Kennametal, a Pittsburgh-based industrial materials company. The effort includes investing $200 million to $300 million to modernize Kennametal s factories while cutting 1,000 of 12,000 jobs. Automation is claiming some of those jobs and will claim more in the future, De Feo says. What we want to do is automate and let attrition reduce the workforce, he says. Visiting a Kennametal plant in Germany, De Feo found workers packing items by hand. He ordered $10 million in machinery to automate the process in Germany and North America. That move, he says, will produce better quality at lower cost and likely result in a combination of job cuts and reassignments. But the rise of the machines offers an upside to some American workers: The increased use of robots combined with higher labor costs in China and other developing countries hasreducedtheincentive for companies to chase lowwage labor around the world. Multinational companies are also rethinking how they spread production across the globe in the 1990s and 2000s, when they tended to manufacture components in different countries and then assemble a product at a plant in China or other low-wage country. The 2011 earthquake and tsunami in Japan, which disrupted shipments of auto parts, and the bankruptcy of the South Korean shipping line Hanjin Shipping, which stranded cargo in ports, exposed the risk of relying on far-flung supply lines. If your supply chain gets interrupted and your raw materials are coming from offshore, all of a sudden shelves are empty and you can t sell product, says Thomas Caudle, president of the North Carolina-based textile company Unifi. So companies have been returning to the United States, capitalizing on the savings provided by robots, cheap energy and the chance to be closer to customers. They don t have all their eggs in that Asian basket anymore, Caudle says. Over the past six years, Unifi has added about 200 jobs, bringing the total to over 1,100, at its automated factory in Yadkinville, N.C., where recycled plastic bottles are converted into Repreve yarn. In a survey by the consulting firm Deloitte, global manufacturing executives predicted that the United States will overtake China as the most competitive country in manufacturing by Competitiveness is measured by such factors as costs, productivity and the protection of intellectual property. bluesky@tribpub.com Blue Sky is Chicago s gathering place for news, analysis and events related to innovation and entrepreneurship. Contact the Blue Sky staff at the address above or editor Andrea Hanis at ahanis@tribpub.com SUCCESS By Minda Zetlin Would you like to improve your health, sharpen your brain function at work, brighten your mood and get abetternight ssleep? Of course you would. You can accomplish all this by getting in touch with nature. Our technology-driven Western society may have drowned out this simple benefit, but it s not too late for us. The Japanese have extensively studied the effects of being in nature, or forest bathing, and found multiple measurable health benefits. Research in the United States has shown that a physical connection to the earth brings health benefits that include reduced stress and better sleep. It s part of a wider practice called rewilding, according to Julianne Skai Arbor, an arborist, forest Remember where the wild things are Reconnecting with nature can bring health benefits, boost productivity ecotherapist and author of TreeGirl: Intimate Encounters with Wild Nature. The term rewilding is often used to mean returning large swaths of the globe to their natural state, but Arbor and others believe that bringing humans back into a more natural relationship with our environment is a necessary part Legal Notice If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights. You may be entitled to up to $500 per call. COURT AUTHORIZED NOTICE OF CLASS ACTION A Settlement has been reached in a class action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants ) violated a federal law called the Telephone Consumer Protection Act. Defendants deny any wrongdoing. The settlement doesn t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Am I part of the Settlement? You may be a Settlement Class Member if you received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received notice about this case before. The case has settled and you have a right to file a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available online. More information, including the full class definition, is in the detailed Long Form Website Notice at What can I get out the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. The settlement also requires Defendants to take steps to ensure compliance with the TCPA. If you are included, you need to complete a Claim Form available at All Claim Forms must be received by February 1, What are my rights & options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get a payment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Who represents me? The Court has appointed lawyers from the firms Edelson PC and Loevy & Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold a final approval hearing on February 23, 2017, at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, Illinois The Court will hear objections, determine if the settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards which will be posted on the settlement website. How do I get more information? This Notice is only a summary of the lawsuit. For more information including the full notice and to file a claim form, go to contact the claims administrator at or Caribbean Cruise Line Class Action Administrator, P.O. Box 43435, Providence, RI , or call Class Counsel at By Order of the Court Dated: October 5, 2016 of the process. It is an illusion to think we can manipulate separate parts of nature to regenerate and preserve them into alessdamagedstatewithout reviving human culture at the same time, she writes. We are going to have to willingly let ourselves out of our cages. Rewilding doesn t necessarily mean we have to give up our smartphones, stop driving our cars or otherwise abandon the trappings of modern life although unplugging temporarily on a regular basis is a good idea even if you aren t rewilding. It does mean rekindling our romance with the natural world and exploring the wild being within each of us. If you re hearing that call, or just want to give rewilding a try, Arbor has some great suggestions for how to get started: MITA STOCK IMAGES/DREAMSTIME 1. Take off your shoes Podiatrists and other scientists have extolled the virtue of walking barefoot, especially in nature. Our feet contain 7,000 nerve endings, 107 ligaments, 19 muscles, 26 bones and 6 meridians, Arbor notes. Most of us keep all those things contained inside shoes most of the time. But, as Arbor notes, there s a growing movement of people who engage in barefoot walking and even hiking. Arbor herself doesn t endorse going barefoot all the time, given the danger of stepping on something sharp or getting cold. I do encourage a bit of exploration with our bare paws every once in a while, she writes. 2. Simply touch nature If you can t or don t want to use your feet to connect with the earth, there are other options. For instance, it can be just as rewarding to put your palms on the earth. There are a total of 17,000 touch receptors and free nerve endings in the palm of the hand, she notes. Or try sitting, she advises. If you only have 60 seconds every day to go outside, simply making skin contact with the earth with your hands, feet or entire body is very powerful in itself, and just might keep you young. 3. Learn traditional skills Arbor encourages readers to become a naturalist, finding and collecting interesting bits from nature such as stones, sticks, birds nests, shells and so on. The next logical path to rewilding is to learn the skills and knowledge of our ancestors from tens of thousands of years ago, she writes. These include identifying, foraging and processing plants and trees for use in food and medicine. Learning to understand bird calls, tracking, hunting, fishing, hide tanning, building fires and reading the weather and landscape are all useful ancient skills that most of us don t have anymore. But we can relearn them. There are growing numbers of resources available for acquiring these skills: books, museums, websites, workshops, convergences and people, Arbor writes. 4. Be a slow photographer There s something akin to the slow food movement happening in photography, Arbor says. It s a reaction to the ubiquitous cell phone camera that allows most of us to take so many photos so quickly that photography can become an almost unconscious experience, with the camera replacing our own sense of vision, she writes. By contrast, the point of slow photography is to enjoy the creative process, not just the product to really be present to what you are photographing, paying more attention to your subject than to capturing the moment in time. For some, slow photography is about using long exposures or manual cameras. Arbor says she deliberately slows herself down, sometimes spending days photographing a single tree. 5. Climb a tree Tree climbing is what ecopsychologist Peter Kahn calls a core human interaction pattern, Arbor writes. That may be another way of saying it s a basic human urge. Almost everyone, faced with a beautiful tree that has low-hanging, solid branches, feels the impulse to climb on. You can get a whole new perspective from up in a tree, she says. And it s a great way to reawaken your ancient, wild self.

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65 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 27 of 42 PageID #:13461 SMALL BUSINESS xx Houston Chronicle HoustonChronicle.com and chron.com Monday, November 7, 2016 B3 Q&A Learn ins, outs of OT rules JACQUELINE TAYLOR Q: I believe Ihavea couple of employees whowill be affected by thenew overtime rules, but I m not sure.canyou explaintherules and what I have to do? A: I mnot alegal expert, but Ican give you a quick layman s overview. The new overtime rulesare changes to the DepartmentofLabor s Fair LaborStandards Act, which among other things, established the minimum wage, eligibility for overtimepay,and record-keeping requirements for full and parttime employees. Thenew rulesyou re talking about go into effect Dec.1 and may affect whichofyour employees may be eligible for overtime payand when. TheFair Labor Standards Act came into play in 1938, establishing the minimum wage and requirements for time-anda-half overtime payfor employees workingmore than 40 hours in aweek. It also established the whitecollar exemption and a corresponding salary threshold for employees performing certain duties and making overa certain amount. Over the years, the salary threshold didn t keep pace with inflation, meaning thatmanyofthese workers were not being paid a fair day s wage for a hard day swork, and that s what this latest rule is all about. Theamountofmoney a worker has been able to make in agiven week before being eligible for overtime hasn t been changed since 2004, and before that, it hadn t changed much since the 1970s. The new rule brings the exemption salary level to$913 from $455 weekly, slightly more than double what it has been. Although this is more in keeping with inflation and realistic current salary ranges, some employers are concerned that their labor costs will become unmanageable if they will now havetopay overtime to more of their employees. The rule also calls for automatic updates to the threshold every three years. To that end,some employers are thinking about how they might change how they are paying some of their employees to keep them exempt from overtime. If, for example, they have an employeewho makes almost$913 a week, they might give that employeearaise so he or she will be over the threshold. Or an owner might change a salaried employeetoan hourly employee and limit thatemployee shours. Be aware thatyou can be penalized if you don t follow the law. To get the full scoop from employment lawattorneys,come to the UH Bauer College SBDC on Thursday and attend Legal Preparations for the New Overtime Law. Register at sbdc.uh.edu for the $39 morning workshop. Jacqueline Taylor is deputy director of the TexasGulf Coast Small Business Development Center Network, apartnership of the U.S. Small Business Administration and the University of Houston C.T. Bauer College of Business. Information is intendedto provide general guidance only.jtaylor@uh.edu. SMALL-BUSINESS RESOURCES TUESDAY CertificationAtoZ: 9 a.m.-noon, UH Bauer College SBDC, 2302 Fannin, Suite 200. Cost: $19.Information: Starting Your Business: 9:30 a.m.-1:30 p.m., UH Bauer College SBDC,2302 Fannin,Suite 200.Cost: $49. Information: uh.edu. Boost your Business with Twitter: 1:30-4:30 pm, UH Bauer College SBDC,2302 Fannin,Suite 200.Cost: $39. Information: uh.edu. WEDNESDAY InternetMarketing Clinic: 6:30-8:30 p.m.,uh Bauer CollegeSBDC,2302Fannin, Suite200.Cost: Free.Information: Small Business TaxWorkshop: Hosted by SCORE. 10:30 a.m.-12:30 p.m.,united WayCommunityResource Center,50Waugh. Information: www. scorehouston.org. Engineering Entrepreneurs Turning IdeasInto Wealth: HostedbySCORE. 2:30-5:30 p.m., Houston CommunityCollegeAlief Hayes Campus, 2811 Hayes, Room A319. Information: THURSDAY Grow Your Business with WomenBusiness Enterprise Certification: 9:30-11:30 a.m., UH Bauer College SBDC, 2302 Fannin, Suite 200. Cost: Free.Information: uh.edu. LegalPreparations forthe NewOvertime Law: 9:30 a.m.-noon, UH Bauer College SBDC,2302 Fannin,Suite200.Cost: $19. Information: uh.edu. Websites 101: 10 a.m.-1 p.m., UH Bauer College SBDC, 2302 Fannin, Suite 200. Cost: $29. Information: uh.edu. FRIDAY SmallBusiness Marketing: 10 a.m.-1p.m., UH Bauer College SBDC,2302 Fannin, Suite200. Cost: $25. Information: SATURDAY Starting andrunning Your Own Business: Hosted by SCORE. 8:30 a.m.-4:30 p.m., HCCSoutheast, Workforce Building, 6815 Rustic. Information: org. Making Social Media Work For Your Business: Hosted by SCORE. 10:30 a.m.-noon, Sienna Branch Library,8411 Sienna Springs Blvd.,Missouri City.Information: www. scorehouston.org. PromotingPositive Impact on Business Owners and Employees: Hosted by SCORE 10:30 a.m.-noon, ClearLakeCity-County Freeman Library,16616 Diana Lane.Information: Get Your Ride! ChronAutos.com

66 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 28 of 42 PageID #:13462 A14 MONDAY, NOVEMBER 7, 2016 LATIMES.COM Pot vote may help Clinton in Nevada [Marijuana, from A1] parties and the county deputy sheriffs association. It has attracted more than $90,000 in support from major cannabis cultivators, according to public records enough to fund a local TV commercial during the recent World Series. There has been little organized opposition. Separate measures are on local ballots in five impoverished cities strung along U.S. 101, which cuts the valley lengthwise and connects it with Bay Area and Southern California markets. That geographical position is crucial to cannabis growers who serve the Bay Area and Southern California markets, and will become even more important if voters statewide approve a ballot initiative to allow marijuana to be sold for profit to recreational users. California in general, and the Salinas Valley in particular, is perfectly positioned to do with cannabis what it has done with many other fruits and vegetables, which is claim 50% or more of the national market, said Steve DeAngelo, CEO of Harborside Health Center in Oakland and one of the founding fathers of the state s medical cannabis industry. The greenhouses of Salinas Valley offer a Goldilocks just right climate for marijuana, capturing the daily maritime breezes through ceiling vents to moderate the heat from the valley s long, sunny growing season. Cannabis growers say they can turn over four or five crops per year with very little energy cost. Studies suggest that greenhouse cultivation is half as expensive as cultivation under the artificial light and climate controls that will be required in the marijuana warehouses planned for the desert communities of Adelanto and Desert Hot Springs. When DeAngelo started poking around idle and underused greenhouses nearly two years ago, prices were relatively low. The floral industry had been devastated by a 1991 trade agreement that removed import duties on cut flowers from South American nations in part to offer Andean farmers an alternative crop to coca and marijuana. Greenhouse prices have since doubled, DeAngelo said. Market watchers say it is no longer uncommon to see greenhouse properties fetch upward of $200,000 to $300,000 per acre at least four times the going price of prime agricultural land in the county. Almost every greenhouse property south of Salinas is being prepared for, or being used for, cannabis, Allen said. Before cannabis interest emerged, some of these properties were sitting on the market two, three years, said Kyle Brown, a commercial and agricultural appraiser with Stephen Brown Associates in Salinas. Those that did sell generally went for well below their asking prices. Now, sellers get that price and more, he said. DeAngelo s FLRish Inc. formed a limited liability corporation that paid $3.4 million for 47 acres filled with several dozen greenhouses, where a horticulture company once cultivated and shaped landscaping shrubs into topiaries. Within months, two more greenhouse complexes nearby sold for $2 million to $3 million apiece, according to property records. Even non-agricultural land in Gonzales, Greenfield,KingCityandotherimpoverished towns lining the 101 Freeway has been selling at a premium, after each conformed with separate cannabis licensing rules. One month after DeAngelo sealed his deal, Second Sun Grow, a cannabis cultivation and extraction company operating in four states, paid $2.9 million for10 acres on four lots on the northwestern end of Greenfield, a city of about 17,000 people, where per-capita income is $13,567, according to the U.S. Census Bureau. The industrial strip lined with trucking companies, warehouses and storage centers has suddenly become as pricey as Carmel. This spring, two newly formed limited partnerships spent $8 million for 5 acres on several lots. All the deals have been mortgage-free, their buyers usually cloaked in limited liability partnerships. One of them, Rubicon California, is an investment Legal Notice If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights. You may be entitled to up to $500 per call. COURT AUTHORIZED NOTICE OF CLASS ACTION A Settlement has been reached in a class action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants ) violated a federal law called the Telephone Consumer Protection Act. Defendants deny any wrongdoing. The settlement doesn t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Am I part of the Settlement? You may be a Settlement Class Member if you received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received notice about this case before. The case has settled and you have a right to file a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available online. More information, including the full class definition, is in the detailed Long Form Website Notice at What can I get out the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. The settlement also requires Defendants to take steps to ensure compliance with the TCPA. If you are included, you need to complete a Claim Form available at All Claim Forms must be received by February 1, What are my rights & options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get a payment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Who represents me? The Court has appointed lawyers from the firms Edelson PC and Loevy & Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold a final approval hearing on February 23, 2017, at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, Illinois The Court will hear objections, determine if the settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards which will be posted on the settlement website. How do I get more information? This Notice is only a summary of the lawsuit. For more information including the full notice and to file a claim form, go to contact the claims administrator at or Caribbean Cruise Line Class Action Administrator, P.O. Box 43435, Providence, RI , or call Class Counsel at By Order of the Court Dated: October 5, 2016 Mark Boster Los Angeles Times A POMEGRANATEhangs near a row of abandoned greenhouses in Salinas, Calif., that were recently bought for use as a possible marijuana growing operation. The greenhouses offer a just right climate for marijuana. A Salinas Valley land grab group connected with a Vancouver, Canada, medical cannabis company. It bought 3 acres in northwest Greenfield for $1.1 million. From our perspective, Monterey County was an obvious choice, said Jesse Mc- Connell, founder of Rubicon Organics, who expects to begin construction on a cultivation and cannabinoid extraction facility early next year. We were looking for a municipality that was willing to work with us. Susan Stanton, city manager of Greenfield, said she got interested in the tax prospects of cannabis during a seminar two years ago in Berkeley. Everybody s got their niche in the market, Stanton said. We may have location and a name. Greenfield could green up its coffers by about $3 million to $7 million per year in fees and taxes from the13 applicants for licenses, Stanton estimated an amount she said could nearly double the city s general fund. If you can control the economic impact, the environmental impact and the social impact on the community, it can be a positive thing, she said. But if you don t, I think this can get real ugly real fast. It has a very corrupting influence on many levels in small communities, where you have an infusion of this much cash in a very small amount of time. Awhiffofscandalalready is hanging over Greenfield. A divided City Council voted in September to censure Mayor John Huerta Jr. after an outside investigator found he had tried to influence a police investigation of a marijuana business that did not have a city license to operate. Huerta, who has denied the allegations, faces a recall election in January. Getting a local license is the crucial first step in getting the more coveted state licenses under last year s Medical Marijuana Regulation and Safety Act. Sacramento will start to grant those in But some land purchasers aren t interested in the license just the chance to make quick money. Properties that were sitting alongside101that sat vacant, for the most part unusable, have been purchased, sold and flipped and purchased many different times, Stanton said. Some of these people haven t been able to find investors but they ve tied up the property, said Aaron Johnson, an attorney at L&G law firm in Salinas, who has helped negotiate land and licensing issues for investors and represents the Coastal Growers Assn., a nonprofit organization that has pushed for cannabis reform. His clients include DeAngelo s FLRish, which already is turning out several hundred plants per day on the former Schubert Nursery site on Encinal Road. Jeff Brothers, CEO of FLRish, showed off a 56,000- square-foot greenhouse with 22,000 pots brimming with cannabis plants, each of them tagged with a product code that will enable consumers to learn more about the weed s origin. When consumers are at the counter, they re going to want to know how it was grown, said Brothers, a 23- year veteran of the cut flower industry. We want to be on the right side of the paradigm shift. Brothers and DeAngelo foresee a day when they can offer space to small-scale growers, such as those who have been cultivating for decades in the emerald triangle of Humboldt, Mendocino and Trinity counties. Some small growers worry they will be priced out of the market. Jeff a grower who did not want to use his family name said he s ready for the real estate boom to go bust. Greenhouses he once rented for just 5 to 10 cents a square foot now fetch 10 times the rent, he said. Everybody is buying greenhouse space, he said. They re buying these old, dilapidated greenhouses and spending $100 or $200 a square foot to build these elaborate facilities. Jeff, who runs the Gold Coast Garden medical marijuana cooperative in Santa Cruz, is a third-generation horticulturist whose parents were pushed out of the rose business by Latin American competitors. He stayed, and shifted to foliage for the floral industry, cultivating cannabis on the side after seeing his nephew, who has autism, benefit from using cannabis extract. He told his parents about the side business only two years ago, he said. To him, growing the Bosso G, Holy Grail, Gorrilla Glue and Suzy Q strains in his 40,000-square-foot rented greenhouse on the outskirts of Pajaro is no different from raising any other crop. It s like buying from a lettuce company, he said. We grow a bed, see if we like it, and if we like it, we ll take cuttings off that bed it s just farming. Times staff researcher Scott Wilson contributed to this report. OF CALIFORNIA Lic.# DO BUSINESS WITH A LICENSED CONTRACTOR REFINISHING OF: $ 259 Valid Until 11/30/16 Legalization effort energizes younger voters, but the candidate is keeping the issue at a distance. By Kurtis Lee LAS VEGAS Christina Rourke flashed a grin and folded the flier handed to her promoting a Nevada ballot question allowing legal marijuana sales. Already voted for it, Rourke, 32, who works in real estate, said on a recent afternoon as she stood in a line wrapping around a Las Vegas-area high school where President Obama was to campaign for Hillary Clinton. Really, it was a big reason for me to even get out and vote. Pot was big for me. Then came Hillary. Public approval of legal marijuana is accelerating, similar to the country s quick evolution in favor of same-sex marriage. Efforts to legalize pot for recreational use are on the ballot in five states, including two battlegrounds Nevada and Arizona that Clinton is targeting in the final days of the presidential race. And though proponents are wooing some of the same constituencies she is, Clinton is keeping the issue at a distance from her campaign, frustrating backers of legal pot who want her endorsement and running the risk of leaving votes on the table. Pot is Clinton s ally, whether her campaign wants to admit it or not it just is, said Joe Brezny, a spokesman for the proponents of Question 2, Nevada s pot measure. We have the coalition she needs and they re showing up to the polls to vote for marijuana reform. Indeed, in early-voting totals in Nevada, Democrats are far outpacing Republicans in turnout. Another ballot question, which would require background checks on gun sales, has also energized younger voters and progressives. Though Clinton stands to benefit from the enthusiasm forged by legalized pot in Nevada surveys have consistently shown Democrats are more likely to back legalization she has not publicly endorsed it. Donald Trump has said the issue should be left up to the states. During a Democratic debate in Las Vegas last year, Clinton sidestepped a question about legalizing marijuana in Nevada, saying more research must be done from studying implementation in states where it is legal, such as Colorado. Clinton has instead dispatched her primary challenger, Sen. Bernie Sanders, who supports the measure and now backs her, to campaign in Nevada in recent weeks. He has talked about pot during his appearances, and his political organization, Our Revolution, has sent s urging supporters to vote for the measure. But for some young voters, it s not enough to have Sanders talk about marijuana reform. They want Clinton, who has said she never smoked pot and whose husband famously claimed he didn t inhale, to publicly take a position. I ll already be there voting yes for pot legalization, but I m not completely sold on Clinton, Spenser Sullivan, 22, an internationalbusiness major and volun- Promo Code: LATPD Tub Only Reg. $309 LAA Pot is Clinton s ally, whether her campaign wants to admit it or not it just is. We have the coalition she needs and they re showing up to the polls to vote for marijuana reform. JoeBrezny, aspokesmanforthe proponents of Question 2, Nevada s pot measure teer for the proponents of Question 2, said as he sat at at a concrete picnic table outside Lied Library, near the core of the University of Nevada, Las Vegas, campus. Deuvall Dorsey, a graduate student at UNLV and the student coordinator for the marijuana effort, said if Clinton wanted his vote, she needed to take a stance. It s sad because marijuana reform is so widely supported, said Dorsey, noting the millions in tax revenue that could come from legal sales in Nevada. It s what the people want. Clinton s campaign did not respond to a request for comment. Dorsey said he was considering voting for Libertarian nominee Gary Johnson, who has said he smokes marijuana. But, man, he s not going to win. I m not really down for a symbolic vote, Dorsey said as he handed out postcard-sized fliers to students scurrying to class. For me, though, it s all about getting pot passed. Clinton s views in closeddoor meetings appear to show she s more definitively opposed to legal marijuana than the wait-and-see approach she advocated in the Vegas debate. In transcripts of speeches she gave to Fortune 500 companies, posted by WikiLeaks, Clinton voiced disapproval for legal marijuana during a question-and-answer session with Xerox Chief Executive Ursula Burns in March Still, some pot proponents see Clinton s public comments as a positive. Her rhetoric is nonintervening in what states are doing and that s all we need to keep the ball moving down the field and in the correct direction, said Rob Kampia, executive director of the Marijuana Policy Project, a group dedicated to ending cannabis prohibition. Polls show Question 2 with an advantage among Nevadans, but opponents, bankrolled by $2 million last month from casino magnate Sheldon Adelson, are making a late push. They re airing television ads highlighting the dangers of edible marijuana. Proponents have been on the air with ads for months, spending about $800,000. Similar to measures on the ballot in other states, including California, they tout tax revenue from legal pot sales that would go toward, among other things, public education. They are also blanketing college campuses, concert halls and happy hours, urging young people to vote in support of reform. Outside the high school where Obama spoke, Dorsey handed out fliers to those in line. It only seems natural, with legalization happening so often now, that a future president would be in support of it, said Brandon Monson, 28, an education major at the College of Southern Nevada. Monson noted his own displeasure that Clinton had not come out in support of pot. But maybe she ll come around, he said. kurtis.lee@latimes.com

67 MONDAY NOVEMBER MIAMIHERALD.COM Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 29 of 42 PageID #:13463 Nation 11A H1* KEEP UP WITH OUR PARTNERS News, 9 a.m. and 7 p.m: Watch CBS4 for extended coverage with one-hour newscasts, and a one-hour election edition of Facing South Florida with Jim DeFede. CHARLES REX ARBOGAST AP An upbeat Donald Trump pumps his fist toward supporters Sunday at a stop at the Minneapolis International Airport. The Sunshine Economy, 9 a.m. and 7 p.m.: Dealing with double-digit price hikes and other health insurance issues. FLA. 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Crites, 33, said he has Law enforcement officers escort Austyn Crites to a secure area for questioning Saturday donated money to Clinin Reno, Nevada, moments after Republican presidential candidate Donald Trump was ton s campaign and canrushed offstage by Secret Service agents during a campaign rally. vassed for her last week for a total of three hours. But he has never met with Clinton or any campaign aides. In a statement, the Secret Service said a person in front of the stage had shouted Gun! but that no weapon was found after a search of the person and the immediate area. The agency did not identify the person when reached Sunday. But the investigation into the incident remains ongoing. hold up the sign. an operative for DemoAssociated Press According to Crites, he The registered Repubcrats. was getting booed when lican was holding a Re It s absolutely ludithings suddenly turned publicans Against Trump crous, Austyn Crites said RENO, NEV. violent. sign at the rally while the A protester involved in a in a phone interview with People grabbed at his GOP nominee for president The Associated Press. I scuffle at a Donald Trump arms to get the sign down stand by my principles, and spoke. rally in Reno, Nevada on and then someone tackled A disturbance broke out that s the reason why I felt Saturday night denied achim. He said that s when cusations Sunday that he is compelled to go in there to and two Secret Service Protester in Trump rally scuffle denies being Clinton plant FROM PAGE 1A SCANDAL MISSING YOUR PAPER? OR WANT TO SUBSCRIBE? 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The Republicans will have a difficult time pivoting and making Comey a villain again, said Spencer Kimball, adviser to the Emerson College Polling Society in Boston, which surveys several battleground states. Trump will have difficulty spinning this as a positive, Kimball said. Trump had claimed a rigged system after Comey s original recommendation Clinton not be charged. Then, after Comey announced Oct. 28 that the FBI was taking additional investigative steps involving the s, Trump said Comey had guts. Momentum was building against Clinton, as conservative commentators and websites then suggested that indictments were possible. The benefit she received earlier last month when multiple women accused Trump of sexual assault after the release of a decade-old video in which he bragged about groping women nearly evaporated. Republicans vowed to keep pushing the idea that Clinton can t be trusted. The FBI s findings from its criminal investigation of Hillary Clinton s secret server were a damning and unprecedented indictment of her judgment, said party Chairman Reince Priebus. The FBI found evidence Clinton broke the law, that she placed highly classified national security information at risk and repeatedly lied to the American people about her reckless conduct. He knows Clinton is dogged by an image fixed in voters minds long ago. A total of 83 percent told the McClatchy-Marist Poll released Friday that Clinton did something wrong. Fiftyone percent said she did something illegal, and 32 percent said her actions were unethical but not illegal. Just 14 percent said she did nothing wrong. Comey s initial announcement reshaped the race, and Republican analysts Sunday were wary that Clinton had time to gain significantly. Millions of voters have cast their ballots in the interim, and this latest letter can t turn that around, said GOP pollster Neil Newhouse. Democratic pollster Mark Mellman called Comey s letter welcome news but said the Sunday announcement remains a classic instance of too little too late. Legal Notice If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights. You may be entitled to up to $500 per call. COURT AUTHORIZED NOTICE OF CLASS ACTION A Settlement has been reached in a class action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants ) violated a federal law called the Telephone Consumer Protection Act. Defendants deny any wrongdoing. The settlement doesn t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Am I part of the Settlement? You may be a Settlement Class Member if you received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received notice about this case before. The case has settled and you have a right to file a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available online. More information, including the full class definition, is in the detailed Long Form Website Notice at What can I get out the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. The settlement also requires Defendants to take steps to ensure compliance with the TCPA. If you are included, you need to complete a Claim Form available at All Claim Forms must be received by February 1, What are my rights & options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get a payment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Who represents me? The Court has appointed lawyers from the firms Edelson PC and Loevy & Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold a final approval hearing on February 23, 2017, at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, Illinois The Court will hear objections, determine if the settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards which will be posted on the settlement website. How do I get more information? This Notice is only a summary of the lawsuit. For more information including the full notice and to file a claim form, go to contact the claims administrator at or Caribbean Cruise Line Class Action Administrator, P.O. Box 43435, Providence, RI , or call Class Counsel at By Order of the Court Dated: October 5, 2016 Pub. date: Monday, November 7 Last user: lcastro@miamiherald.com Edition: 1st Section, zone: Nation, State people kicked him and even grabbed at his crotch. As I m down there being choked, I hear something about a gun, Crites said. I m telling people There is no gun, there is no gun. There s just a sign. I only have a sign. Secret Service agents and Reno police took him to a backstage area and found no weapon on him. He was released after about 90 minutes. Since the incident, Crites said he has been the subject of conspiracy theories and negative messages from online trolls. Crites said his Facebook page was deactivated after someone reported that it belonged to an impostor. Crites said he would be supporting the GOP if another Republican such as Sen. Ted Cruz or Sen. Marco Rubio was running. I actually liked Donald Trump when he was just a businessman who wrote about business, Crites said. There was no ill will toward this man whatsoever until he started divisive rhetoric which I have zero tolerance for. Remains of 2nd person found on property in South Carolina Associated Press WOODRUFF, S.C. Authorities have found another body buried at the rural South Carolina property where a woman was found chained in a metal container. Spartanburg County Sheriff Chuck Wright said Sunday human remains have been uncovered in one of the two places that Todd Kohlhepp pointed to as gravesites. Wright says we re not even close on identifying the remains or cause of death. The exhumation of those remains and search for others will continue Monday at the 95-acre property near Woodruff. Wright says Kohlhepp has not said who is buried in the gravesites he showed officers Saturday. A body found on the site Friday has been identified as the boyfriend of the woman found a day earlier. Kohlhepp has confessed to gunning down four people at the Superbike Motorsports motorcycle shop in Chesnee in Wright says the investigation is extending to other properties Kohlhepp currently or used to own. Those properties are not limited to South Carolina. He says the FBI and Homeland Security are involved. Earlier in the day, Kohlhepp appeared before Magistrate Judge Jimmy Henson in Spartanburg and was denied bond on charges in connection with the quadruple slayings 13 years ago and the more-recent kidnapping charge. Kohlhepp wore an orange jumpsuit and declined to speak when Henson offered him the chance to make a Last change at: 21:0:16 November 6 RICHARD SHIRO AP Local resident JoAnn McKinney prepares a cross on the fence on the property in Woodruff, S.C., where authorities say the owner has been charged with five counts of murder. statement. He didn t have an attorney. Family members of victims of the 2003 slayings were there. The wife of one of the four people killed in the motorcycle shop said Kohlhepp was a disgruntled customer who had been in the shop several times.. Melissa Ponder told The Associated Press she was resigned that her husband Scott s death would never be solved before getting a phone call Saturday evening from one of the case s original detectives. In addition, Tom and Lorraine Lucas, who lost their son, Brian, the service manager at the store, spoke to reporters before the bond hearing for Kohlhepp. Standing with his wife outside the Spartanburg County Detention Center, Tom Lucas said he wanted to be in court to look the man accused of killing his son in the eye. Tom Lucas said, We want to see the face. I want to look at him, and I want to try to use that in healing.

68 Case: 1:12-cv Document #: 578 File 26 Monday, November 7, 2016 DAILY NEWS NYDailyNews.com

69 PHILLY.COM C PA The Inquirer TOP25 FOOTBALL RALLY Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 31 of 42 PageID #:13465 MONDAY, NOV. 7, 2016 THE PHILADELPHIA INQUIRER D13 Team Prv. Rec. 1. St.Joseph sprep Imhotep Charter North Penn Neshaminy Perkiomen Valley Archbishop Wood Coatesville Spring-Ford DowningtownEast Malvern Prep La Salle Ridley Marple Newtown Penn Charter Garnet Valley Springfield (Delco) Germantown Academy HaverfordSchool Interboro Episcopal Academy AcademyPark Cardinal O Hara Upper Dublin Bishop Shanahan NR West Chester Henderson NR 8-3 Under consideration (listedalphabetically): Central (10-0), Central Bucks East(8-3), Central Bucks South (8-3), Conwell-Egan (7-3), Great Valley(7-4), Plymouth Whitemarsh (8-3). Rick O Brien Jenkintown running back Steven Charlemagne tries to escape the grasp of Delco Christian s Chris Chung (right) while trying to elude atackle by the Knights Jalen Mitchell (22). Jenkintown rolled, 34-6, in Saturday s playoff. LOU RABITO /Staff SCOREBOARD Saturday s Results Football DISTRICT 1 CLASS A FINAL Jenkintown 34, Delco Christian 6 MID-ATLANTIC PREP LEAGUE Lawrenceville 28, Hill School 18 Boys Soccer NONLEAGUE Hill School 1, Lawrenceville 0 Girls Soccer DISTRICT 1&12 CLASS 2A SUBREGIONAL FINAL St. Basil 3, New Hope-Solebury 0 DISTRICT 1 CLASS 4A FINAL Neshaminy 2, Pennridge 0 PENN-JERSEY LEAGUE CHAMPIONSHIP New Foundations Charter 2, Doane Acad. 1(OT) MID-ATLANTIC PREP LEAGUE Lawrenceville 1, Hill School 1 Field Hockey DISTRICT 12 3A CHAMPIONSHIP Cardinal O'Hara 7, Northeast 0 DISTRICT 12 2A CHAMPIONSHIP Bonner-Prend. 12, Franklin Towne Charter 0 Friday s Results Football CATHOLIC LEAGUE 6A SEMIFINALS La Salle 34, Father Judge 21 CATHOLIC LEAGUE CLASS 4A SEMIFINAL St. Joseph's Prep 45, Roman Catholic 7 DISTRICT 1 CLASS 4A SEMIFINALS Interboro 49, Pope John Paul II 12 Pottsgrove 28, Upper Perkiomen 14 DISTRICT 1 CLASS 5A FIRST ROUND Upper Dublin 34, Strath Haven 20 Springfield (D) 38, Penncrest 0 Great Valley 34, Glen Mills 14 W.C. Henderson 42, Sun Valley 16 Academy Park 44, Radnor 17 Bishop Shanahan 41, West Chester Rustin 7 Marple Newtown 35, Upper Moreland 7 West Chester East 10, Unionville 7 DISTRICT 1 CLASS 6A North Penn 56, Haverford High 7 Spring-Ford 38, Central Bucks East 7 Coatesville 42, Abington 0 Ridley 35, Plymouth Whitemarsh 7 Neshaminy 26, Pennridge 21 Garnet Valley 21, Central Bucks South 14 Perkiomen Valley 55, Penn Wood 28 Downingtown East 33, Souderton 21 PUBLIC LEAGUE CLASS 4A SEMIFINALS Bartram 30, West Philadelphia 0 PUBLIC LEAGUE CLASS 5A SEMIFINALS Frankford 40, Olney 18 Simon Gratz 33, Ben Franklin 12 PUBLIC LEAGUE CLASS 6A SEMIFINAL Central 47, Southern 6 INTER-AC LEAGUE Malvern Prep 35, Penn Charter 28 Episcopal Academy 31, Springside Chestnut Hill 0 PUBLIC LEAGUE Northeast 35, Lincoln 8 Frankford 40, Olney 18 TO OUR READERS Advertisements are the property of Philadelphia Media Network and/or its advertisers and are subject to contracts between them. The classified listings and individual advertisements are subject to the copyright in this edition owned by PMN and/or to copyright interests owned by its advertisers and/or PMN. Reproduction, display, transmission or distribution of the listings or individual advertisements in any format without express permission of PMN and/or its advertisers is prohibited. TO OUR ADVERTISERS By placing an advertisement, you agree that the advertisement as it appears will become the property of Philadelphia Media Network and you assign to PMN all ownership interest, under the Copyright Act of otherwise, in the advertisement as it appears in the newspaper. Unless notified to the contrary by PMN, you are granted alicense to place the same ad in the media. Delinquent accounts are subject to reasonable collection charges. merchandise market BRAZILIAN FLOORING 3/4", beautiful, $2.75 sf (215) Veteran s Burial, Double Plot - Chelten Hills. Call after 5pm for details. LOST: School Dist of Philly Police Hat, Badge #900. Call SteinwayModelBGrandPiano Good cond., 6ft.11 in., Bryn Mawr,$22,000 OBO(610) stvdavis01@aol.com WANTED Sports cards, autographs, comics, toys, etc. Cash Paid! & 45 Records Absolute Higher $ * * * * * * Comics, Trains, Magazines, Toys, Coins, Military, Model Kits, Books, everything pets pets/livestock Please be aware Possession of exotic/wild animals may be restricted in some areas. Siamese Kittens. M&F, Apple Head, Purebred. Health Guar. $ AKC AIREDALE Terrier Puppies, ready Now. $1000 neg Call Boxer/Corso Pups, beautiful markings lrg, multi, ready now Chorkie M&F available DOB 7/1/16. Shots & wormed. Socialized & house trained. Child&catfriendly.$450(267) English Bulldog pups, AKC, S/W & vet, $2500-$ LOST FEMALE CAT, small, dark gray & brown striped multi color white underneath, last seen July 3, Godfrey Ave & Hasbrook Ave. Reward! adult lines homes for rent Temple Univ., Yorktown, T/H, Ultra 3BR utilities incl., lawn, parking xx Larchwood, 3BR, $920/mo + utils $1,840 Move In. Call xx Spruce St, 4BR, new reno, 1st, last, & 1 mo sec $ West Phila, Clean 2BR, $850/mo. Call N Sydenham. 3BR. $825 1mo/sec N. Darien 2BR/1BA $675 + all utils 2 mo sec + 1 mo rent E. Chelten Ave., 4BR House, $1100 Newly renov., lrg LR/DR & kitchen, carpet, great location, nr trans Ogontz &Limekiln Pike 4BR Remod, fin bsmt, bkyrd. $1200+utils xx Marcella St, 3BR, 1BA newly renovated, Section 8 ok apartment marketplace 153 W Girard Ave 2BR $1190+ sec & elec New renov No pets BR, Section 8 OK, New Reno, Must see, xx Master St 1BR $630 +util. 2mo sec. Lovely Modern Chestnut St. 2BR, $675. 2nd floor, w/w carpet, extra clean N 22nd St, 1BR, renovated, $550/mo plus utilities th & Huntingdon, 2BR, 1BA, 2nd fl, liv rm & kit, $825/mo NPhila &surrounding areas Effics $550 ($1,325. move in) & $575mo. ($1,350. move in) Rooms w/micro & frig $110wk + 1wk sec , 2, 3, 4 BEDROOM FURNISHED APTS Laundry-Parking N 12th St. 1st & 2nd floor $650. 1mo rent/sec N. Broad St. 1BR, 3rd flr. Ten pays elec & cooking gas. $735/mo + sec, heat incl. D. Wendell. Keene R.E BR & 2 BR Apts $785-$895 spac, great loc., upgraded, heat incl, PHA vouchers accepted xx Murdoch 2BR $750+ utils, 2nd flr, N/S,no pets,nr trans, W. Pomona 1BR, 3rd fl $590mo + util, 1 mo rent +sec, WADSWORTH COMMUNITIES Apartments at Great Prices! apartment marketplace automotive autos other low cost cars trucks & BUICK CENTURY CUSTOM 2001 $2500. Inspected, excellent. Alan, BUICK REGAL 1994 $1150, CHEVY LUMINA 1993, $1150, CHEVY CAVALIER 2002 $1450, FORD ESCORT SW 1998 $1350. All newly inspected CADILLAC DEVILLE 2003, 4 door, excellent condition $ FORD FUSION SEL 2010 $ K mi. loaded SATURN Aura XE 2008 $4275. White, 40k mi, 1 owner, clean, TOYOTA Rav $2,800 80K mi. 4WD, CD player, clear title, auto, no rust/dents MEET HOT LOCALS! Send Messages The Inquirer FREE! Straight /Curious 10 Loc s. Beautiful Studios, 1&2 br ! Use Code 3297, 18+ CALL FOR SPECIALS! 25xx Robinson, nice, clean, use of whole house, male over 55 pref. (267) xx Warrington Ave $225 bi week, $450/m, clean, no drugs FRANKFORD, new reno, nicely furn, a/c, w/d, cable, clean Germantown Area: NICE, cozy rooms. Private entry. No drugs. (267) GERMANTOWN/NICETOWN rooms in shared house, nr shops/trans, $ / mo. Must be working Newly Renovated Rooms for Rent, SSI accepted. SW/Pennrose & East Lake Area. Call N. Phila $75 & up. SSI & Vets + ok, drug free. Avail immed N. Phil. Quiet, furn, all male, biwkly, monthly. No drugs SW Philly Room for rent $ /wk Clean, use of kitchen University City - Near transportation, freshly painted, $425/mo WEST PHILLY $140 lrg priv rm & ba, clean & new West Philly/Mt Airy(Best Area)$135/wk utils incl. Vets & SSI ok LEXUS RX350 13, grey 30Kmi gar kept, AWD, ex cond. $29k obo. (610) WE BUY CARS & TRUCKS IN ANY CONDITION! $100-$5000 CASH WE BUY JUNK CARS PAID IN CASH, FREE TOWING. CALL: OR legal notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notice If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights. You may be entitled to up to $500 per call. COURT AUTHORIZED NOTICE OF CLASS ACTION A Settlement has been reached in a class action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants ) violated a federal law called the Telephone Consumer Protection Act. Defendants deny any wrongdoing. The settlement doesn t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Am I part of the Settlement? You may be a Settlement Class Member if you received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received notice about this case before. The case has settled and you have a right to file a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available online. More information, including the full class definition, is in the detailed Long Form Website Notice at www. FreeCruiseCallClassAction.net. What can I get out the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. The settlement also requires Defendants to take steps to ensure compliance with the TCPA. If you are included, you need to complete a Claim Form available at All Claim Forms must be received by February 1, What are my rights & options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get a payment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Who represents me? The Court has appointed lawyers from the firms Edelson PC and Loevy & Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold a final approval hearing on February 23, 2017, at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, Illinois The Court will hear objections, determine if the settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards which will be posted on the settlement website. How do I get more information? This Notice is only a summary of the lawsuit. For more information including the full notice and to file a claim form, go to contact the claims administrator at or Caribbean Cruise Line Class Action Administrator, P.O. Box 43435, Providence, RI , or call Class Counsel at By Order of the Court Dated: October 5, 2016 Proposals & Bids Proposals & Bids Legal Notices Request for Proposal Philadelphia, Pennsylvania - The First Judicial District of Pennsylvania ( FJD ) shall accept sealed bids for the acquisition and installation, including any/all requisite equipment, peripherals, and services, for sound systems within various City Hall Courtrooms in coordination with the terms and conditions as detailed in the Request for Proposal ("RFP") document; acopy of the RFP is posted on the FJD s website at phila.gov. The deadline for RFP responses is Friday, December 23, 2016, by 1:00 p.m. Please note that amandatory tour of the City Hall locations will be conducted on Saturday, December 3, 2016, promptly at 9:00 a.m. Vendors should meet FJD representative at the City Hall Security Desk at the northeast corner entrance of City Hall, Broad and Market Streets, Philadelphia, PA. Any/all questions or issues raised at the tour must be subsequently presented in writing as noted below. Accordingly, all questions must be submitted in writing no later than 3:00 p.m., Friday, December 9, 2016, and should be directed via to Stephanie.Rigterink@courts.phila.gov or via facsimile at (215) Answers to any/all questions raised will not be official until verified, in writing, by the issuing office; all vendors will be provided with an official O&A document collectively comprised of all questions and answers raised. Marc Flood, Esquire Deputy Court Administrator First Judicial District of Pennsylvania NOTICE IS HEREBY GIVEN, under Philadelphia Home Rule Charter Section Number that on November 2, 2016 Advertisement of Proposed Regulations- Real Estate Tax Regulations -Amendments for Council Bill Nos , , , , and promulgated by the Department of Revenue were filed with the Department of Records, Room 158, City Hall. Anyone affected thereby may file written request for hearing with the Department of Records within thirty (30) days from the above date. James Leonard, Esq Commissioner of Records

70 EZ CLASSIFIED zone EZ D 12 BLACK D 12 EZ washingtonpost.com/jobs cars.com washingtonpost.com/ realestate apartments.com washingtonpost.com/pets washingtonpost.com/ merchandise mypublicnotices.com/ washingtonpost/publicnotice.asp the local expert on local jobs new and pre-owned cars, trucks and suvs homes for sale, commercial real estate rentals merchandise, garage sales, auctions, tickets dogs, cats, birds, fish For Jobs advertisements, go to washingtonpost.com/recruit or call (toll free ) To place an ad, go to washingtonpostads.com or call Non-commercial advertisers can now place ads 24/7 by calling If the merchandise you re selling is priced under $250, your 3-line, 3-day ad is FREE! Go to washingtonpostads.com for complete details and to order your free ad. FREE UNDER $250 Legal Notices Auctions, Estate Sales, Furniture Biz Ops/Services Trustee Sales Legal Notices 815 Legal Notice If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights. You may be entitled to up to $500 per call. A Settlement has been reached in a class action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, Defendants ) violated a federal law called the Telephone Consumer Protection Act. Defendants deny any wrongdoing. The settlement doesn t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial. Am I part of the Settlement? You may be a Settlement Class Member if you received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received notice about this case before. The case has settled and you have a right to file a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available online. More information, including the full class definition, is in the detailed Long Form Website Notice at What can I get out the settlement? If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. The settlement also requires Defendants to take steps to ensure compliance with the TCPA. If you are included, you need to complete a Claim Form available at net. All Claim Forms must be received by February 1, What are my rights & options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won t get a payment but you ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, Who represents me? The Court has appointed lawyers from the firms Edelson PC and Loevy & Loevy to represent you as Class Counsel. The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone class members like you have been appointed by the Court as the Class Representatives. When will the Court approve the settlement? The Court will hold a final approval hearing on February 23, 2017, at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, Illinois The Court will hear objections, determine if the settlement is fair, and consider Class Counsel s request for fees and expenses of up to $24,500,000 and incentive awards which will be posted on the settlement website. How do I get more information? This Notice is only a summary of the lawsuit. For more information including the full notice and to file a claim form, go to contact the claims administrator at or Caribbean Cruise Line Class Action Administrator, P.O. Box 43435, Providence, RI , or call Class Counsel at By Order of the Court Dated: October 5, 2016 COURT AUTHORIZED NOTICE OF CLASS ACTION Cars 1405 FORD FORD 2015 FUSION SE - Bronze fire, 8k miles, still smells new, 21/38MPG, EcoBoost turbo engine, back up camera, insync hands free telephone, 18" sport alloy 5 spoke wheels, perfect condition, fantastic looking. $15,250. Call FORD 2000 CROWNVICTORIA Silver with leather interior, fully loaded, 60k orig miles, MD Insp. $3, HONDA HONDA 2015 CRV EX-L, nav., like new with ext warranty, black on black, 2 yr free maint, 18K miles, $23,295. Call LEXUS LINCLON 2005 LS 3.9, auto, 98K, MD inspection, all power, sunroof, lthr, am/fm, CD, very clean in & out. Runs great. $3600/ best SATURN SATURN 2003 L200-4 dr auto., silver clr., MD insp., 120k mi.,ac/cd. Heat, Exc. cond., $1550 OBO. Runs well. Call TOYOTA TOYOTA Runner Limited V6 4x4 nav, met gray, new E&I, new: rad, w.pump, bat, alt, trans fluid, r. gear fluid, 30K on new tires, exc. cond, runs great, 208K miles, $9250. Call Antiques & Classics 1408 BUICK 1936 MODEL 40 3 WINDOW COUPE - Rebuilt motor, new wiring, done by White Post Restoration, 550 miles since restored. Green ext, orig car. $35,000. Call FORD 1966 FAIRLANE - 2 Door, hardtop, 289 engine, custom interior, beautiful red paint job. Must see! $15, FORD 1964 & 1/2 Mustang Conv., 289, 4 spd. Manual., 4 Barrell Carb., 57K mi., All Orig., New Tires, Garage Kept, $16,000 Call PONTIAC 1979 TRANS AM - 403, all matching numbers, int totally restored, mint condition, 79k orig mi. $25,000/obo. Call Porsche 356, 911 or 912 WANTED Porsche Porsche 911,912 Wanted Any Cond Autos Wanted 1447 DONATE AUTOS,TRUCKS, RV'S. LUTHERAN MISSION SOCIETY. Your donation helps local families with food, clothing, shelter, counseling. Tax deductible. MVA License #W or CARS/TRUCKS WANTED!!! All Makes/Models ! Any Condition. Running or Not.Top $$$ Paid! FreeTowing FromAnywhere! We're Nationwide! Call Now: (800) Trucks 1480 GMC 2000 SONOMA w/ custom cap, $ Vans 1485 MAZDA 2002 MPV LX- Green, 122k mi., rec MD insp., strong motor & trans., 4 new tires, 6 CD player, cloth int., $ Career Training - Emp Svcs ATTEND AVIATION COLLEGE Get FAA approved Aviation Maintenance training. Financial aid for qualified students. Job placement assistance. Call AIM for free information C JOBS Newspaper Delivery Carriers are needed to deliver The Washington Post for the following areas For routes in Bladensburg, Riverdale and Lanham, MD Call Monique Reddy at If only you had home delivery POST SF Wake up to home delivery POST SF Legal Notices 815 D JOBS Drivers 37 CDL Trainees Needed Now! Make $50k+ benefits. Full & PT Openings. No CDL? No problem! Training Avail. Call Now! N JOBS Newspaper Carriers needed to deliver The Washington Post in DC, MD and VA area. Great part-time income opportunity! Transportation required. To apply, go to deliverthepost.com or call (Please press 0 once connected) Seeking --Domestic Positions Home Health Aide, exp'd, avail to take care of your loved ones at home, good refs. Live in & out. Call Legal Notices 815 Notice Department of Justice Antitrust Division Take notice that the United States has filed a proposed Final Judgment in a civil antitrust case, United States of America v. Westinghouse Air Brake Technologies Corp. et al., Civil Action No On October 26, 2016, the United States filed a Complaint alleging that Wabtec s proposed acquisition of Faiveley Transport S.A. and Faiveley Transport North America would violate Section 7 of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment, filed at the same time as the Complaint, requires Wabtec to divest Faiveley s U.S. freight brakes business. A Competitive Impact Statement filed by the United States describes the Complaint, the proposed Final Judgment, the industry, and the remedies available to private litigants who may have been injured by the alleged violation. Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection on the Antitrust Division s website at and at the Office of the Clerk of the United States District Court for the District of Columbia. Interested persons may address comments to Maribeth Petrizzi, Chief, Litigation II Section,Antitrust Division, Department of Justice, 450 Fifth Street NW, Suite 8700, Washington, DC (telephone: ) within 60 days of the date of this notice. Such comments, including the name of the submitter, and responses thereto, will be posted on the Antitrust Division s website, filed with the Court, and, under certain circumstances, published in the Federal Register. Official Notices 820 Inova Cardiac & Thoracic Surgery and Inova Vascular welcomes Cardiac Vascular & Thoracic Surgery Associates (CVTSA) To make an appointment or To request medical records, please contact: (703) Telestar Court Falls Church, VA To move your records to a provider Outside our network, customary fees apply Home delivery is so easy POST SF If only you had home delivery POST SF Official Notices 820 Wake up to home delivery POST SF Legal Notices 815 Newspaper Notice Department of Justice Antitrust Division Take notice that the United States has filed a proposed Final Judgment in a civil antitrust case in the United States District Court for the District of Columbia, United States v. Fayez Sarofim, Civil Action No. 1:16-cv On October 27, 2016, the United States filed a Complaint alleging that Fayez Sarofim violated the premerger notification and waiting period requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. 18a, in connection with his acquisitions of voting securities of Kinder Morgan, Inc. and Kemper Corporation. The proposed Final Judgment, filed at the same time as the Complaint, requires Fayez Sarofim to pay a civil penalty of $720,000. A Competitive Impact Statement filed by the United States describes the Complaint and the proposed Final Judgment. Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection on the Antitrust Division s website at and at the Office of the Clerk of the United States District Court for the District of Columbia. Interested persons may address comments to Daniel P. Ducore, Special Attorney, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, CC-8416, Washington DC (telephone: ; dducore@ftc.gov) within 60 days of the date of this notice. Such comments, including the name of the submitter, and responses thereto, will be posted on the Antitrust Division s website, filed with the Court, and, under certain circumstances, published in thefederal Register. Bids & Proposals 825 Education Service Center Region 19 is accepting Request for Proposal for the following: RFP Library Software - ESC Region 19 Allied States Cooperative - closing date 11/30/2016 at 2:00PM MST Sealed documents must be submitted on or before due date during normal office hours from 8:00 AM to 5:00 PM Monday through Friday at 6611 Boeing, El Paso, TX. Proposals received after date and time stated will not be considered. Proposals can be obtained at Official Notices 820 NOTICE There now is pending before the Superior Court of the District of Columbia an action, case number 2015 CA R(RP), U.S. Bank N.A., as Trustee, on behalf of the holders, of the J.P. Morgan Mortgage Acquisition Trust 2006-WMC4, Asset Backed Pass-Through Certificates, Series 2006-WMC4 versus Julianah A. Adesioye seeking to affect title to the property now or formerly owned by Julianah A. Adesioye located at 705 Brandywine Street, SE, Apartment #B1, Washington, DC A copy of the action is available in the Civil Division Clerk's office of the Court. A written answer, including any claims or defenses, must be filed in the Civil Division Clerk s Office, Superior Court of the District of Columbia, 500 Indiana Avenue, NW, Washington, D.C , on or before the 10th day of February PUBLIC NOTICE Notice is hereby given that the City of Alexandria-Department of Transportation & Environmental Services has requested authorization from the Virginia Marine Resources Commission to mechanically maintenance dredge, a maximum 50,000 cubic yards of accumulated sediments on an annual basis, from five (5) flood control channels, Cameron Run, Holmes Run, Backlick Run, Hooffs Run and Four Mile Run, to return them to their original design configurations, in the City ofalexandria. Send comments/inquiries within 15 days to: Marine Resources Commission, Habitat Management Division, 2600WashingtonAvenue, 3rd Floor, Newport News, Virginia Bids & Proposals 825 Meridian Public Charter School invites proposals from qualified individuals and agencies, to provide Special Education Related Services for students with disabilities under Part B of the Individuals with Disabilities Act. Deadline of submission is November 21st, 2016 by 1:00pm Eastern Time. Please send all questions or request for additional information to: Michael L. Russell, mbids@meridian-dc.org. You, too, could have home delivery POST SF Wake up to home delivery POST SF Legal Notices 815 Bids & Proposals 825 Montgomery County 850 INTHE CIRCUIT COURT FOR MONTGOMERY COUNTY MARYLAND JOHN E. DRISCOLL III, et al Substitute Trustees Plaintiffs v. PATRICK E. CREAMER LEONA A. DEMALINE-CREAMER Defendant(s) CivilAction No V NOTICE Notice is hereby given this 12th day of OCTOBER, 2016, by the Circuit Court for Montgomery County, Maryland, that the sale of the property mentioned in these proceedings and described as Partridge Wood Drive, Germantown, MD will be ratified and confirmed unless cause to the contrary thereof be shown on or before the 14th day of NOVEM- BER, 2016, provided a copy of this NOTICE be published at least once a week in each of three successive weeks in some newspaper of general circulation published in said County before the 14th day of NOVEMBER, The Report of Sale states the amount of the sale to be $182, Barbara H. Meiklejohn Clerk of the Circuit Court For Montgomery County, Maryland Oct 24, 31, Nov 7, INTHE CIRCUIT COURT FOR MONTGOMERY COUNTY MARYLAND DIANE S. ROSENBERG MARK D. MEYER JOHN A.ANSELL, III KENNETH SAVITZ CAROLINE FIELDS JENNIFER ROCHINO Rosenberg & Associates, LLC 4340 EastWest Highway Suite 600 Bethesda, MD Substitute Trustees Plaintiff(s) v. James F. Zimmerman Vickie D. Zimmerman Howard Chapel Drive Damascus, MD Defendant(s) Case No v NOTICE Notice is hereby given this 25th day of October 2016, by the Circuit Court for Montgomery County, Maryland, that the sale of Howard Chapel Drive, Damascus, MD 20872, made and reported, will be ratified and confirmed, unless cause to the contrary thereof be shown on or before the 28th day of November 2016, provided a copy of this notice be inserted in a daily newspaper printed in said County, once in each of three successive weeks before the 28th day of November The Report of Sale states the amount of the foreclosure sale price to be $187, Barbara H. Meiklejohn Clerk of the Circuit Court Montgomery County, MD Nov 7, 14, 21, Trustees Sale - DC 840 NOVEMBER 7, 14, 21, 28, PENNSYLVANIA AVENUE SE #306, WASHINGTON, DC In execution of the Superior Court for the District of Columbiaâ s Decree of Sale in Case # 2015 CA R(RP), the undersigned Trustee(s) will offer for sale the property known as 1391 PENNSYLVANIA AVENUE SE #306, WASHINGTON, DC at public auction within the offices of, HARVEY WEST AUCTIONEERS, INC Wisconsin Avenue NW Suite 440, Washington, DC On DECEMBER 6, 2016 AT 11:30AM, the land and premises situated in the District of Columbia, and designated as and being Lot 2067 in Square 1045, and more particularly described in the Deed of Trust recorded in the Land Records of the District of Columbia, on NOVEMBER 7, 2007 as Instrument Number # The property will be sold by Trustee's Deed "as is" without any covenant, expressed or implied, in Fee Simple, subject to conditions, restrictions, easements, and all other recorded instruments superior to the Deed of Trust referenced above, and subject to ratification by the Court TERMS OF SALE: A deposit of the lesser of $13, or 10% of the sale price will be required at time of sale in cash or certified funds. The deposit required to bid at the auction is waived for the Noteholder and any of its successors or assigns. The Noteholder may bid up to the credit and may submit a written bid to the Trustee which shall be announced at sale. The balance of the purchase price is to be paid in cash within 30 days of final ratification of the sale by the Court. TIME IS OF THE ESSENCE. If purchaser fails to settle within the aforesaid thirty (30) days of the ratification, the purchaser agrees to pay the Trustees' reasonable attorney fees as ordered by the Court, plus all costs incurred, if the Trustees have filed the appropriate motion with the Court to resell the property. Purchaser waives personal service of any paper filed with the Court in connection with such motion and any Show Cause Order issued by the Court and expressly agrees to accept service of any such paper or Order by certified mail and regular mail sent to the address provided by the purchaser and as recorded on the documents executed by the purchaser at the time of the sale. Service shall be deemed effective upon the purchaser 3 days after postmarked by the United States Post Office. It is expressly agreed by the purchaser that actual receipt of the certified mail is not required for service to be effective. If the purchaser fails to go to settlement the deposit shall be forfeited to the Trustees and all expenses of this sale (including attorney fees and full commission on the gross sales price of the sale) shall be charged against and paid from the forfeited deposit. In the event of resale the defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property regardless of any improvements made to the real property. Interest is to be paid on the unpaid purchase money at the rate contained in the Deed of Trust Note from the date of sale to the date the funds are received in the office of the Trustees. In the event that the settlement is delayed for ANY REASON WHATSOEVER, there shall be no abatement of interest. Taxes, water rent, condominium fees and/or homeowner association dues, all public charges/assessments payable on an annual basis, including sanitary and/or metropolitan district charges, if applicable, to be adjusted for the current year to date of sale and assumed thereafter by the purchaser. Purchaser shall be responsible for the costs of all transfer taxes, documentary stamps and all other costs incident to settlement. Purchaser shall be responsible for physical possession of the property. Purchaser assumes the risk of loss from the date of sale forward. The sale is subject to post sale audit by the Mortgage holder to determine whether the borrower filed bankruptcy, entered into any repayment/forbearance agreement, reinstated or paid off prior to the sale. In any such event the Purchaser agrees that upon notification by the Trustees of such event the sale is null and void and of no legal effect and the deposit returned without interest. Trustees' File No JAMES E. CLARKE AND RENEE DYSON, TRUSTEE C/O ATLANTIC LAW GROUP, LLC 1602 Village Market Blvd SE, Suite 310 Leesburg, VA (703) ALEX COOPER AUCTIONEERS, INC WISCONSIN AVE. NW, #750 WASH., DC SALE OF CONDOMINIUM UNIT CONTAINEDWITHIN PREMISES 2115 Suitland Terrace, SE, Unit 302,Washington, DC Pursuant to District of Columbia Condominium Act of 1976, Section 313 (as amended) and by the Declaration of FAIRFAX VILLAGE CONDOMINIUM III dated November 11, 1974 and recorded January 1, 1974 as Instrument No among the land records of the District of Columbia; and those By- Laws of FAIRFAX VILLAGE CONDOMINIUM III dated November 11, 1974 and recorded January 1, 1974 as Instrument No among the aforementioned, and by Plat recorded in Liber 117, Folio 2, in the Office of the Surveyor of the District of Columbia, and in accordance with Public Law and D.C. Code (as amended), notice filed October 6, 2016, we shall sell at public auction on November 17, 2016 at 1:20 P.M., at the office of Alex Cooper, 5301 Wisconsin Ave., NW, Suite 750, Washington, DC 20015, the following premises: 2115 Suitland Terrace, SE, Unit 302, Washington, DC 20020, known for assessment and taxation purposes as Lot Numbered 2255 in Square 5672, in the condominium project known as FAIRFAX VILLAGE CONDOMINIUM III, a condominium regime instituted and established under the Condominium Act of 1976 of the District of Columbia and via the Declaration and By-Laws identified above. Said FAIRFAX VILLAGE CONDOOMINIUM III is situated on Lot Numbers in Square 5670, Lots 41 and 44 in Square 5671, Lots 1-61, 82-22, 91, and 800 in Square 5672, and Lots 2-18 in Square 5673 as per Plat recorded in the Office of the Surveyor of the District of Columbia in Condominium Book Liber 117 at Folio 2; together with an undivided interest in the general common elements and any and all interest in the limited common elements appurtenant to said Condominium Unit as described in the said Declaration of FAIRFAX VILLAGE CONDOMINIUM III, Said 2115 Suitland Terrace, SE, Unit 302, Washington, DC 20020, is a portion of that certain condominium project known as FAIRFAX VILLAGE CONDOMINIUM III, and is the same property conveyed to ERIN EMERSON by Deed dated September 19, 2008, and recorded among the land records of the District of Columbia on September 29, 2008 as Instrument No TERMS OF SALE: The property will be sold subject to any prior liens, encumbrances, and/or municipal assessments if any. It is solely the purchaser's responsibility to determine the condo fees obligations, priority, significance, and effect on auction sale. The property is sold as-is as to conditions and occupancy. A deposit of $10,000 will be required at time of sale, such deposit to be in cash or certified check. All conveyances, recordings, recordation tax, transfer tax, etc. at purchaser's cost. The balance of the purchase price, together with interest at the rate of 10% per annum from date of sale to date of receipt of the balance of the purchase price, must be paid in cash or by cashier's or certified check and all other terms to be complied with within 30 days, otherwise deposit is forfeited and the property may be re-advertised and re-sold at the discretion of the Unit Owner's Association and at the risk and cost of the defaulting purchaser. Association shall convey a deed pursuant to 42 D.C. Code as amended, and makes no further representations or warranties as to title. The Association cannot guarantee clear title or the purchaser's ability to obtain Title Insurance. For this reason, the purchaser may not be able to obtain financing and must be able to pay the purchase balance in any case within 30 days. In the event of failure on the part of the Association to convey such deed purchaser's sole remedy shall be the return of the deposit. Brian R. Fellner, Nagle & Zaller, P.C Lee Deforest Drive, Suite 102, Columbia, MD (410) x110 / brian@naglezaller.com Attorney for FAIRFAX VILLAGE CONDOMINIUM III Nov. 7, 11, Trustees Sale - DC 840 Trustees Sale - DC 840 OCTOBER 24, 31, NOVEMBER 7, 14, Samuel I. White, P.C. 611 ROCKVILLE PIKE, SUITE 100 ROCKVILLE, MARYLAND SUBSTITUTE TRUSTEE'S SALE OF VALUABLE RESIDENTIAL DWELLING KNOWN AS: 1100 ANACOSTIA ROAD SE, WASHINGTON, DC By virtue of Deed of Trust recorded in the land records of the District of Columbia recorded on October 25, 2007, as Instrument Number , and in accordance Judgment filed on June 10, 2016 in case 2015 CA R(RP) and at the request of the party secured thereby, the undersigned Substitute Trustees will offer to sell at public auction, within the office of HARVEY WEST AUCTIONEERS, INC., 5335 Wisconsin Avenue, NW, Suite 440, Washington, DC on, NOVEMBER 15, 2016 at 3:30 PM The land and premises situated in the District of Columbia and more particularly described in the above referenced Deed of Trust and as of the date hereof designated on the Records of the Assessor of the District of Columbia for assessment purposes as: LOT NUMBERED FORTY-SEVEN (47), IN SQUARE NUMBERED FIFTY-FOUR HUNDRED NINETY-EIGHT (5498), IN WASH- INGTON LOAN AND TRUST COMPANY, TRUSTEE'S SUBDIVI- SION OF PART OF "BRAVLEY'S PURCHASE" AND "FORTUNE ENLARGED", AS PER PLAT RECORDED IN THE OFFICE OF THE SURVEYOR FOR THE DISTRICT OF COLUMBIA IN LIBER COUNTY 24, AT FOLIO 7. The property will be sold in an "AS IS WHERE IS" condition without either express or implied warranty or representation, including but not limited to the description, fitness for a particular purpose or use, structural integrity, physical condition, construction, extent of construction, workmanship, materials, liability, zoning, subdivision, environmental condition, merchantability, compliance with building or housing codes or other laws, ordinances or regulations, or other similar matters, and subject to easements, agreements and restrictions of record which affect the same, if any. The property will be sold subject to Subject to any assessments including assessment pursuant to D.C. Code Section TERMS OF SALE: A deposit of $20, cash or certified funds shall be required at the time of sale. The balance of the purchase price with interest on the unpaid purchase money at the current rate contained in the Deed of Trust Note (5% per annum) from the date of sale to the date funds are received by the Trustees, payable in cash or certified funds within TEN DAYS after the final ratification of the sale. There will be no abatement of interest due from the purchaser in the event additional funds are tendered before settlement. Adjustment of current year s real property taxes are adjusted as of the date of sale, and thereafter assumed by the purchaser. All other public and/or private charges or assessments, to the extent such amounts survive foreclosure sale, including water/sewer charges, ground rent, whether incurred prior to or after the sale are to be paid by the purchaser. All costs of deed recordation including but not limited to title examination, conveyancing, city revenue stamps, transfer taxes, title insurance, and all other costs incident to settlement are to be paid by the purchaser. Purchaser is responsible for obtaining physical possession of the property, and assumes risk of loss or damage to the property from date of sale. Time is of the essence for the Purchaser. If the Purchaser fails to settle within ten days of ratification, Purchaser agrees that the property will be resold and the entire deposit retained by the Substitute Trustees as liquidated damages for all losses occasioned by the purchaser s default and purchaser shall have no further liability. The purchaser agrees to accept service by first class mail and certified mail addressed to the address provided by said Purchaser as identified on the Memorandum of Sale for all correspondence including any Motion or Show Cause Order incident to this sale. The defaulted purchaser shall not be entitled to any surplus proceeds resulting from said resale even if such surplus results from improvements to the property by said defaulted purchaser. The sale is subject to post-sale audit of the status of the loan with the loan servicer including but not limited to, determination of whether the borrower entered into and repayment agreement, reinstated or paid off the loan prior to sale. In any such event or if the sale is not ratified or if the Substitute Trustees are unable to convey insurable title in accordance with these terms of sale, the purchaser's only remedy is return of the deposit without interest. Trustee s File No JOHN E. DRISCOLL, III ET AL, SUBSTITUTE TRUSTEES Pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C et seq., by 24 CFR part 27, subpart B, and the Secretary s designation of me as Foreclosure Commissioner, I will conduct a COMMISSIONER S SALE OF 1334 Wallach Place NW, Washington, DC in execution of a certain deed of trust by Josephine Mays dated July 20, 2005, in the original principal amount of $469, recorded in the Land Records of the District of Columbia, as Instrument No , and the Assignment recorded in the Land Records of the District of Columbia in favor of the Secretary of Housing and Urban Development recorded on December 12, 2012 as Instrument Number , default having occurred in the payment of the Note thereby secured and at the request of the holder, the undersigned Foreclosure Commissioner will offer for sale at public auction in the front of the building housing the Superior Court for the District of Columbia located at 500 Indiana Avenue, NW, Washington, DC on December 7, 2016 at 9:00 A.M., the property described in said deed of trust, located at the above address, with improvements thereon and more particularly described as follows: 1334 Wallach Place NW, Washington, DC 20009, for which further legal description is attached to the Deed of trust. This property is also presently known for assessment and taxation purposes as Lot numbered One HundredThirty-One in Square numberedtwo Hundred Thirty-Seven. TERMS OF SALE: Neither the FORECLOSURE COMMISSIONER nor the holder of the note secured by the deed of trust will deliver possession of the property to the successful bidder. The purchaser at the sale will be required to pay all closing costs. Real estate taxes, water/sewer fees and other public charges will be prorated as of the date of sale. The risk of loss or damage to the property passes to the purchaser immediately upon the conclusion of the sale. Terms: A bidder's deposit of ten percent (10%) of the sale price in the form of certified funds payable to the Secretary of Housing and Urban Development and must be present at the time of sale. The balance of the purchase price will be due within 30 days at the office of the Foreclosure Commissioner. Time is of the essence as to the closing date and the payment of the purchase price. If payment of the balance does not occur within thirty days of the sale date, the deposit will be forfeited. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. Foreclosure Commissioner shall have no duty to obtain possession for purchaser. The property and the improvements thereon will be sold "AS IS" and without representation or warranties of any kind. The sale is subject to all liens, encumbrances, conditions, easements and restrictions, if any, superior to the mentioned deed of trust and lawfully affecting the property. Sale is subject to post-sale confirmation that the borrower did not file for protection under the U.S. Bankruptcy Code prior to the sale, as well as to post-sale confirmation and audit of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower(s) reinstated or paid off the loan prior to the sale. In any such event, the sale shall be null and void, and the Purchaser's sole remedy, in law or equity, shall be the return of the Purchaser's deposit without interest. Additional terms to be announced at the sale. HUD does not guarantee that the property will be vacant.anderson Law, Foreclosure Commissioner, 2492 N. Landing Rd, Ste 104, Virginia Beach, VA 23456, Tel, Fax. November 7, 14, 21, Sign up for Easy Pay today. S2843A 2x1.5 washingtonpost.com/subscriberservices Or call Easy Pay get more time to play Easy Pay automatically charges your credit card every time a payment is due and keeps your Post subscription coming without service interruptions. Trustees Sale - DC 840 Trustees Sale - DC 840 ALEX COOPER AUCTIONEERS, INC WISCONSIN AVE. NW, #750 WASH., DC SALE OF CONDOMINIUM UNIT CONTAINED WITHIN PREMISES 625 Chesapeake Street, SE, Unit #201-A,Washington, DC Pursuant to District of Columbia Condominium Act of 1976, Section 313 (as amended) and by the Declaration of MAGNOLIA CONDOMINIUM recorded March 4, 2005 as Instrument No among the land records of the District of Columbia; and those By-Laws of MAGNOLIA CONDOMINIUM recorded March 4, 2005 as Instrument No among the aforementioned, and in accordance with Public Law and D.C. Code (as amended), notice filed October 6, 2016, we shall sell at public auction on November 17, 2016 at 1:00 P.M., at the office of Alex Cooper, 5301 Wisconsin Ave., NW, Suite 750, Washington, DC 20015, the following premises: 625 Chesapeake Street, SE, Unit #201-A, Washington, DC 20032, known for assessment and taxation purposes as Lot Numbered 2014 in Square 6208, in the condominium project known as MAGNOLIA CONDOMINIUM, a condominium regime instituted and established under the Condominium Act of 1976 of the District of Columbia and via the Declaration and By-Laws identified above; together with an undivided interest in the general common elements and any and all interest in the limited common elements appurtenant to said Condominium Unit as described in the said Declaration of MAGNOLIA CONDOMINIUM, Said 625 Chesapeake Street, SE, Unit #201-A, Washington, DC 20032, is a portion of that certain condominium project known as MAGNOLIA CONDOMINIUM, and is the same property conveyed to Starr Tillman by Deed dated November 18, 2005, and recorded among the land records of the District of Columbia on December 19, 2005 as Instrument No TERMS OF SALE: The property will be sold subject to any prior liens, encumbrances, and/or municipal assessments if any, but NOT subject to the first mortgage lien. Pursuant to the District of Columbia Code Section , the Condominium is foreclosing on six months worth of assessments and the related fees and costs, and thus the sale is NOT subject to the first deed of trust. The Condominium s lien on which the foreclosure is proceeding holds a higher priority than the lien created by the first deed of trust and if the foreclosure sale generates insufficient proceeds to satisfy any prior liens, the foreclosure sale will extinguish the lien created by the prior deeds of trust or other liens. It is solely the purchaser's responsibility to determine the condo fees obligations, priority, significance, and effect on auction sale. The property is sold as-is as to conditions and occupancy. A deposit of $10,000 will be required at time of sale, such deposit to be in cash or certified check. All conveyances, recordings, recordation tax, transfer tax, etc. at purchaser's cost. The balance of the purchase price, together with interest at the rate of 10% per annum from date of sale to date of receipt of the balance of the purchase price, must be paid in cash or by cashier's or certified check and all other terms to be complied with within 30 days, otherwise deposit is forfeited and the property may be re-advertised and re-sold at the discretion of the Unit Owner's Association and at the risk and cost of the defaulting purchaser. Association shall convey a deed pursuant to 42 D.C. Code as amended, and makes no further representations or warranties as to title. The Association cannot guarantee clear title or the purchaser's ability to obtain Title Insurance. For this reason, the purchaser may not be able to obtain financing and must be able to pay the purchase balance in any case within 30 days. In the event of failure on the part of the Association to convey such deed purchaser's sole remedy shall be the return of the deposit. Brian R. Fellner, Nagle & Zaller, P.C Lee Deforest Drive, Suite 102, Columbia, MD (410) x110 / brian@naglezaller.com Attorney for HOA Capital, Successor in interest to Magnolia Condominium Nov. 7, 11, NOVEMBER 7, 14, 21, 28, KENYON STREET NW, WASHINGTON, DC In execution of the Superior Court for the District of Columbiaâ s Decree of Sale in Case # 2015 CA R(RP), the undersigned Trustee(s) will offer for sale the property known as 1715 KENYON STREET NW, WASHINGTON, DC at public auction within the offices of, HARVEY WEST AUCTIONEERS, INC Wisconsin Avenue NW Suite 440, Washington, DC On DECEMBER 6, 2016 AT 11:30AM, the land and premises situated in the District of Columbia, and designated as and being Lot 0126 in Square 2600, and more particularly described in the Deed of Trust recorded in the Land Records of the District of Columbia, on AUGUST 14, 2007 as Instrument Number # The property will be sold by Trustee's Deed "as is" without any covenant, expressed or implied, in Fee Simple, subject to conditions, restrictions, easements, and all other recorded instruments superior to the Deed of Trust referenced above, and subject to ratification by the Court TERMS OF SALE: A deposit of the lesser of $15, or 10% of the sale price will be required at time of sale in cash or certified funds. The deposit required to bid at the auction is waived for the Noteholder and any of its successors or assigns. The Noteholder may bid up to the credit and may submit a written bid to the Trustee which shall be announced at sale. The balance of the purchase price is to be paid in cash within 30 days of final ratification of the sale by the Court. TIME IS OF THE ESSENCE. If purchaser fails to settle within the aforesaid thirty (30) days of the ratification, the purchaser agrees to pay the Trustees' reasonable attorney fees as ordered by the Court, plus all costs incurred, if the Trustees have filed the appropriate motion with the Court to resell the property. Purchaser waives personal service of any paper filed with the Court in connection with such motion and any Show Cause Order issued by the Court and expressly agrees to accept service of any such paper or Order by certified mail and regular mail sent to the address provided by the purchaser and as recorded on the documents executed by the purchaser at the time of the sale. Service shall be deemed effective upon the purchaser 3 days after postmarked by the United States Post Office. It is expressly agreed by the purchaser that actual receipt of the certified mail is not required for service to be effective. If the purchaser fails to go to settlement the deposit shall be forfeited to the Trustees and all expenses of this sale (including attorney fees and full commission on the gross sales price of the sale) shall be charged against and paid from the forfeited deposit. In the event of resale the defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property regardless of any improvements made to the real property. Interest is to be paid on the unpaid purchase money at the rate contained in the Deed of Trust Note from the date of sale to the date the funds are received in the office of the Trustees. In the event that the settlement is delayed for ANY REASON WHATSOEVER, there shall be no abatement of interest. Taxes, water rent, condominium fees and/or homeowner association dues, all public charges/assessments payable on an annual basis, including sanitary and/or metropolitan district charges, if applicable, to be adjusted for the current year to date of sale and assumed thereafter by the purchaser. Purchaser shall be responsible for the costs of all transfer taxes, documentary stamps and all other costs incident to settlement. Purchaser shall be responsible for physical possession of the property. Purchaser assumes the risk of loss from the date of sale forward. The sale is subject to post sale audit by the Mortgage holder to determine whether the borrower filed bankruptcy, entered into any repayment/forbearance agreement, reinstated or paid off prior to the sale. In any such event the Purchaser agrees that upon notification by the Trustees of such event the sale is null and void and of no legal effect and the deposit returned without interest. Trustees' File No JAMES E. CLARKE AND RENEE DYSON, TRUSTEE C/O ATLANTIC LAW GROUP, LLC 1602 Village Market Blvd SE, Suite 310 Leesburg, VA (703) Trustees Sale - DC 840 washingtonpost.com/classifieds EFGHI CLASSIFIED MONDAY, NOVEMBER 7, 2016 D12 EZ Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 32 of 42 PageID #:13466

71 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 33 of 42 PageID #:13467 Exhibit F

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73 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 35 of 42 PageID #:13469 Exhibit G

74 Birchmeier v. Caribbean Cruise Line, Inc.: 728x90 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 36 of 42 PageID #:13470 Site: 800Notes.com

75 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 37 of 42 PageID #:13471 Exhibit H

76 Case: 1:12-cv Document #: 578 Filed: 02/13/17 Page 38 of 42 PageID #:13472 KCC Class Action Services Birchmeier et al. v Caribbean Cruise Line, Inc. Exclusion Report Count 2 ClaimID Last Name First Name LEONARD TERRY A OBENAUF GORDON

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