Case 2:17-cv JCC Document 31 Filed 04/12/18 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

Transcription

1 Case :-cv-00-jcc Document Filed 0// Page of THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON DUANE BOWEN; AMANDA MAIER; KATHLEEN MULLER; and LUIS ORTIZ, on behalf of themselves and on behalf of others similarly situated, v. Plaintiffs, CSO FINANCIAL, INC., a/k/a CREDIT SERVICES OF OREGON; J. MICHAEL UNFRED, d/b/a J. MICHAEL UNFRED LLC; and DOES ONE THROUGH TEN, Defendants. I, Sam Leonard, declare as follows: NO. :-cv-00-jcc DECLARATION OF SAM LEONARD IN SUPPORT OF PLAINTIFFS MOTION FOR ATTORNEYS FEES AND SERVICE AND STATUTORY DAMAGES AWARDS. I am one of the attorneys of record for Plaintiffs in this action and the sole proprietor of Leonard Law.. I make this declaration based on my personal knowledge and after a review of Leonard Law s records.. I have spent over 0 hours on this matter since September.. Attached hereto as Exhibit is a true and correct copy of my billing records reflecting the time I have spent working on this matter and my out-of-pocket litigation SERVICE AND STATUTORY DAMAGES AWARDS -

2 Case :-cv-00-jcc Document Filed 0// Page of expenses. My hourly rate is reasonable based on my extensive experience, skill, and sophistication required for the types of legal services typically performed and the rates customarily charged in the markets where my legal services are typically performed.. My time records were kept contemporaneously and do not reflect any block billing.. In September of, I, along with co-counsel, began investigating the collection violations alleged in this action. Since beginning work on this matter, I have engaged in hours of factual and legal research into the facts and law involved in this matter. I have been the primary point of contact for the class representatives and I interviewed the representatives prior to this action being filed. I have communicated with the representatives on a regular basis since filing to keep them informed on all matters relating to this action. I also participated in the drafting of pleadings, attended mediation and helped to draft/edit the settlement agreement entered into between the parties.. I have significant experience in consumer protection and collection abuse litigation. Around eighty percent of my current practice focuses on debt collection abuse and debt defense cases. Primarily, I provide low-bono and contingent fee structures to my clients who often cannot afford the current market rate for legal services. I am one of only a handful of practitioners, that I know of, whose legal practice focuses on debt collection abuse cases not primarily related to foreclosure.. Since starting my practice in November of, I have helped over 0 individuals facing debt collection. Many of my clients collection matters were in active litigation in one of Washington s Superior Courts when I was retained. I have argued motions and drafted pleadings in matters pending before Washington state courts and both the United SERVICE AND STATUTORY DAMAGES AWARDS -

3 Case :-cv-00-jcc Document Filed 0// Page of States District Court for the Western District of Washington and the United States Bankruptcy Court for the Western District of Washington. See e.g. Fed. Deposit Ins. Corp. as Receiver for Westsound Bank v. Davidyuk et al, Civ. No. :-cv-0-jlr (W.D. Wash. ); Pogrebinsky et al v. CACH, LLC, Civ. No. :-cv-00-tsz (W.D. Wash. ); Weinkauf v. Veristone Mortg., LLC, et al, Civ. No. :-cv-0-rbl (W.D. Wash. ); In re: Stephen Joseph Armstrong, Civ. No. -0-CMA (Bankr. W.D. Wash. ); Columbia Recovery Grp. v. Dodd et al, Case No (King Co. Sup. Ct. ); CACH, LLC v. Toby Smith, Case No. --- (King Co. Sup. Ct. ); and Columbia Credit Servs., Inc. v. Russell Brandt, 0--- (King Co. Sup. Ct. 0), appeal pending, No. 0--I (Wash. Ct. App. Div. I ). I also filed and litigated with co-counsel another class action dealing with many of the same issues present here. See Dibb v. AllianceOne Receivables Mgmt., No. - RJB (W.D. Wash. ).. I received a B.A. from Central Washington University in Ellensburg, Washington in 0. In, I received my J.D. cum laude from Seattle University School of Law, where I was President of the Public Interest Law Foundation, and a clinic student in the Korematsu Center Civil Rights Amicus Clinic. In, I wrote an opinion article, The bankruptcy trap in student-loan debt, which was published in The Seattle Times.. I am actively involved in professional organizations and nonprofits engaged in consumer protection and debt collection abuse litigation. I am a member of the National Association of Consumer Advocates and an Eagle member of the Washington State Association for Justice. I sit on the Board of the Northwest Consumer Law Center, which is primarily focused on providing low and moderate-income Washington residents with pro-bono or low-bono legal services. I am also a member of the Public Justice Foundation. SERVICE AND STATUTORY DAMAGES AWARDS -

4 Case :-cv-00-jcc Document Filed 0// Page of. I actively participate and attend CLEs and conferences that focus on consumer law issues. I attended the Consumer Rights Litigation Conference hosted by the National Consumer Law Center in both and. I have attended over 0 hours of continuing legal education classes on consumer and debt collection abuse litigation. I was a guest lecturer at Seattle University School of Law s Consumer Law Legal Clinic, where I spoke on Washington and federal debt collection law. In, I was a presenter at a Washington State Association for Justice CLE, where I spoke on how to run a successful consumer law practice. I have also mentored other consumer attorneys and law students looking to become consumer attorneys.. Since 0, I have volunteered at the King County Bar Association s Neighborhood Legal Clinic that specializes in debt issues. For the last four years, I have volunteered in my capacity as a debt defense and bankruptcy attorney. I am also a volunteer attorney for the Northwest Justice Project s debt clinic located in the King County Superior Court Law Library.. Since the beginning of this case, I have worked with no guarantee of compensation for my time and expenses. My fees in this action have always been contingent on obtaining a successful outcome for Plaintiffs and the class. For more than a year I have worked on this case facing a substantial risk of non-payment. My work on this case has meant that I was unable to take other fee generating cases or less complex cases that would resolve in a much shorter time. SERVICE AND STATUTORY DAMAGES AWARDS -

5 Case :-cv-00-jcc Document Filed 0// Page of I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed in Seattle, Washington, on this this th day of April,. By: /s/ Sam Leonard, WSBA # Sam Leonard, WSBA # SERVICE AND STATUTORY DAMAGES AWARDS -

6 Case :-cv-00-jcc Document Filed 0// Page of CERTIFICATE OF SERVICE I, Beth E. Terrell, hereby certify that on April,, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Suzanne Pierce, WSBA # spierce@davisrothwell.com Patrick Rothwell, WSBA # prothwell@davisrothwell.com Keith M. Liguori, WSBA #0 kliguori@davisrothwell.com DAVIS ROTHWELL EARLE & XOCHIHUA, P.C. Pike Street, Suite 00 Seattle, Washington Telephone: () - Facsimile: () 0-0 Attorneys for Defendant J. Michael Unfred, d/b/a J. Michael Unfred LLC Jeffrey I. Hasson, WSBA # hasson@hassonlawllc.com HASSON LAW, LLC 0 NE Halsey Street Portland, Oregon 0 Telephone: (0) - Facsimile: (0) - Attorneys for Defendants CSO Financial, Inc. DATED this th day of April,. By: /s/ Beth E. Terrell, WSBA # Beth E. Terrell, WSBA # bterrell@terrellmarshall.com Seattle, Washington Telephone: () -0 Facsimile: () -0 Attorneys for Plaintiffs SERVICE AND STATUTORY DAMAGES AWARDS -

7 Case :-cv-00-jcc Document - Filed 0// Page of EXHIBIT

8 Case :-cv-00-jcc Document - Filed 0// Page of Leonard Law Bowen v. CSO Financial, Inc., et al. Attorneys Fees and Costs Date Description Note Quantity Price Total // Reviewing Case History Creating fee and expenses schedule for final approval motion $00.00 $00.00 // Drafting Pleadings Leonard Decl in support of preliminary approval. $00.00 $0.00 // Drafting Pleadings Editing Motion for Preliminary Approval. $00.00 $.00 // Drafting Drafting to Bowen, Maier, and Muller explaining in detail the changes. $00.00 $0.00 to the settlement agreement. // Call with Client Settlement Agreement 0. $00.00 $0.00 // ing with client Settlement Agreement Finalized 0. $00.00 $0.00 // Call with Client Call with Bowen to discuss settlement terms and agreement. 0. $00.00 $.00 // Drafting ing and calls with co counsel on finalizing settlement and Ortiz 0. $00.00 $.00 // Call with Client Call on class settlement 0. $00.00 $0.00 // Drafting ing on deposition strategy and call with Paul 0. $00.00 $0.00 // Factual Research Researching Unfred's Office 0. $00.00 $0.00 // Drafting/Reviewing Correspondence ing on Unfred's passing 0. $00.00 $.00 // Call with Co Counsel Settlement negotiation strategy in preparation for call with Lou Peterson 0. $00.00 $.00 // Call with Co Counsel Settlement agreement strategy 0. $00.00 $0.00 // ing with client ing with Maier 0. $00.00 $.00 // Drafting/Reviewing Correspondence Review settlement agreement 0. $00.00 $0.00 // Call with Client Calls with Ortiz on settlement 0. $00.00 $.00 // Reviewing Letter from Opposing Reviewing settlement agreement 0. $00.00 $.00 Party/Counsel // Mediation Mediation $00.00 $, // Drafting s with co counsel on mediation prep settlement agreement drafting 0. $00.00 $.00 and damages calculations // Drafting Correspondence to Third Party Reviewing and editing mediation submission. 0. $00.00 $.00 // Factual Research Reviewing class damages calculations and investigating questions as to CSO. $00.00 $0.00 clients // Reviewing discovery responses Reviewing and checking data produced by CSO. $00.00 $,0.00 // Factual Research Reviewing CSO discovery and checking for accuracy 0. $00.00 $0.00 // Call with Co Counsel discussing settlement/discovery strategy and what can be gleaned from what 0. $00.00 $0.00 has been produced // Drafting RE: Bowen et al v. CSO Financial, Inc. et al, Case No. : CV $00.00 $.00 JCC Concerning Unfred discovery s from Suzanne // Drafting RE: Bowen et al v. CSO Financial, Inc. et al, Case No. : CV 00 JCC Reviewing records and determining search terms for CSO RFP responses 0. $00.00 $.00 // Factual Research Reviewing case records to see if any of the name plaintiffs spoke with Unfred 0. $00.00 $0.00 Page of

9 Case :-cv-00-jcc Document - Filed 0// Page of Leonard Law Bowen v. CSO Financial, Inc., et al. Attorneys Fees and Costs Date Description Note Quantity Price Total // Legal Research Researching the viability of pre cert settlements and ways of driving a wedge 0. $00.00 $0.00 between CSO and Unfred and ing findings/thoughts to Paul // Drafting RE: CSO call from Jeff Hasson 0. $00.00 $0.00 // Call with Client Phone call: Unfred fired and case status 0. $00.00 $0.00 // Drafting RE: CSO H.Bowen, David T00; with co counsel on 0. $00.00 $0.00 Defendant request for extension // Drafting Discovery reviewing initial disclosures $00.00 $00.00 // Drafting Drafting explanation on why I believe we should not move for remand 0. $00.00 $.00 // Reviewing Court Order reviewing court order and ing with co counsel 0. $00.00 $.00 // Factual Research Researching Unfred business incorporation status. $00.00 $0.00 // Reviewing Opposing Party Pleadings Reviewing opposing party pleadings 0. $00.00 $0.00 // Drafting ing with co counsel on unfred ltr and legal issues 0. $00.00 $.00 // ing with client CSO Case Status 0. $00.00 $0.00 // ing with client CSO Case Status 0. $00.00 $0.00 // Call with Client Calls with Amanda Maier on garnsihment 0. $00.00 $0.00 // ing with client ing and texting with client on garnishment 0. $00.00 $0.00 // ing with client CSO Case Status 0. $00.00 $0.00 // ing with client CSO Case Status 0. $00.00 $0.00 // Drafting Correspondence to Opposing Drafting demand to stop garnishment to Unfred 0. $00.00 $.00 Party/Counsel // Reviewing Opposing Party Pleadings Reviewing writ of garnishment and researching process Maire 0. $00.00 $0.00 // Drafting Discovery Editing Rogs and RFPs to all Defendants. $00.00 $,0.00 // Drafting Pleadings Reviewing Complaint and communicating with clients. $00.00 $.00 // Call with Co Counsel Strategy on amending the complaint and discovery 0. $00.00 $0.00 // Factual Research Looking for nondefaulted potential reps 0. $00.00 $.00 // Drafting ing with co counsel on status of finding case records of other instances 0. $00.00 $.00 // Legal Research Researching licensing violation under CAA 0. $00.00 $0.00 // Drafting Correspondence to Third Party Drafting letter to Murphy to investigate CSO collection. $00.00 $0.00 // ing with client Texting with Maier and Bowen on payments made 0. $00.00 $0.00 // Drafting Pleadings Editing complaint. $00.00 $,00.00 // Call with Co Counsel Complaint strategy $00.00 $00.00 // In Person Client Meeting Meeting with Meade and drive time. $00.00 $0.00 // District Court Online Records download. Tran No.. $. $. // Call with Third Party Call with Julia Okitsu 0. $00.00 $0.00 // Drafting Pleadings Drafting complaint. $00.00 $0.00 // District Court Online Records Fees Trans No. $. $. // Drafting Pleadings Drafting complaint 0. $00.00 $0.00 // Call with Client Call with Bowen 0. $00.00 $.00 // Drafting Pleadings Drafting complaint facts section. $00.00 $0.00 // Drafting ing with Rachel and Sam on pulling records 0. $00.00 $0.00 Page of

10 Case :-cv-00-jcc Document - Filed 0// Page of Leonard Law Bowen v. CSO Financial, Inc., et al. Attorneys Fees and Costs Date Description Note Quantity Price Total // Drafting Pleadings Drafting facts in complaint. $00.00 $0.00 // Factual Research Reviewing case docs for potential reps 0. $00.00 $0.00 // In Person Client Meeting Meeting with Kathleen Muller. $00.00 $0.00 // Drafting Correspondence to Third Party Preparing complaint 0. $00.00 $0.00 // Reviewing Case History Reviewing Ortiz Pleading Docs and Docket. $00.00 $0.00 // Drafting Drafting to Paul summarizing interviews and facts impacting SOL of. $00.00 $0.00 FDCPA claims. // In Person Client Meeting Meeting with Duane Bowen Interview and discuss facts of his case. $00.00 $.00 // In Person Client Meeting Meeting with Elizabeth and Luis Ortiz 0. $00.00 $0.00 // In Person Client Meeting Meeting with Christine Gay and travel to mtg in Issaquah. $00.00 $0.00 // Call with Client 0. $00.00 $0.00 // In Person Client Meeting Meeting with Amanda Maier. 0. $00.00 $0.00 // Drafting ing with Paul on violations and Maier case facts. 0. $00.00 $0.00 // Call with Client Call with Melanie Mosshart scheduling a meeting to sign representation 0. $00.00 $.00 agreement // Drafting ing status of interviews 0. $00.00 $.00 // Call with Third Party Call with Duane Bowen on the default judgment and impact of being a class 0. $00.00 $0.00 representative // Drafting ing with co counsel on the status of calls 0. $00.00 $0.00 // Call with Third Party Call with Amanda Maier on her case and impact of being a class 0. $00.00 $0.00 representative. // Legal Research FDCPA per se CPA. $00.00 $0.00 // Call with Co Counsel Call with Rachel Hoover on data. 0. $00.00 $0.00 // Drafting Research plan 0. $00.00 $0.00 // Reviewing document ing with co counsel on strategy and violations and reviewing. $00.00 $0.00 documents for violations. // Factual Research Outlining CSO collection violations contained in NOD and Demand. $00.00 $,0.00 // Factual Research Reviewing CSO collection case documents. $00.00 $.00 // Drafting Correspondence to Third Party Drafting and editing letter to affected persons 0. $00.00 $0.00 // Legal Research Researching and drafting argument on why CSO NOD is a CPA violation. $00.00 $00.00 // Factual Research Research cases in King County district courts.. $00.00 $0.00 // Drafting to co counsel on next steps 0. $00.00 $.00 // Drafting Correspondence to Third Party Drafting letter to CSO defendants in KCDC cases 0. $00.00 $0.00 // Factual Research Researching CSO KCDC NSF cases. $00.00 $0.00 Total Fees and Costs $,. Total Costs. Total Hours. Page of