Case 3:15-cv RBL Document 11 Filed 03/26/15 Page 1 of 42

Size: px
Start display at page:

Download "Case 3:15-cv RBL Document 11 Filed 03/26/15 Page 1 of 42"

Transcription

1 Case :-cv-00-rbl Document Filed 0// Page of THE HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ANNIE McCULLUMN, NANCY RAMEY and TAMI ROMERO, on behalf of themselves and all others similarly situated, vs. VANCOUVER HOUSING AUTHORITY, Plaintiffs, Defendant. CLASS ACTION No. :-cv-00-rbl PLAINTIFFS UNOPPOSED MOTION FOR PROVISIONAL CERTIFICATION OF SETTLEMENT CLASSES, PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT, AND APPROVAL OF NOTICE PLAN NOTE ON MOTION CALENDAR: March, PLAINTIFFS UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT [Case No. :-cv-00-rbl] -000/LEGAL000. (0) -0 / (0) - (fax)

2 Case :-cv-00-rbl Document Filed 0// Page of PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - i [Case No. :-cv-00] -000/LEGAL000. TABLE OF CONTENTS I. INTRODUCTION... II. FACTUAL BACKGROUND... A. The Statutory Framework Underlying this Action and an Overview of Plaintiffs Claims.... Monetary Relief for Damages Class.... Non-Monetary Relief for Declaratory and Injunctive Relief Class.... Attorneys Fees and Costs... B. Plaintiffs Investigations and the Negotiations Leading to the Settlement Agreement... III. TERMS OF THE SETTLEMENT AGREEMENT... A. The Settlement Classes... B. Settlement Benefits.... Damages Class.... Declaratory and Injunctive Relief Class... C. Attorneys Fees and Expenses... D. Release of Claims.... Plaintiffs and Damages Class.... Declaratory and Injunctive Relief Class... E. Notice of Settlement and Right to Opt Out... F. Opt-Outs... G. Objections... IV. ARGUMENT... A. The Proposed Classes Should be Provisionally Certified.... Both Settlement Classes Meet the Four Elements of Rule (a)... a. The size of the two classes and other factors make joinder impracticable.... b. There are common questions of law and fact.... c. Plaintiffs claims are typical of the claims of the Settlement Classes... d. The proposed class representatives and counsel have adequately protected the interests of the class and will continue to do so.... (0) -0 / (0) - (fax)

3 Case :-cv-00-rbl Document Filed 0// Page of. Each Settlement Class Satisfies Rule (b)... a. Certification of the Damages Class is appropriate under Rule (b)().... b. Certification of the Declaratory and Injunctive Relief Class is equally appropriate under Rule (b)().... B. The Proposed Settlement Agreement Should Be Preliminarily Approved.... The Standard for Preliminary Approval.... The Settlement Is Presumptively Fair and Satisfies the Criteria Courts Use in Deciding Whether to Preliminarily Approve a Class Action Settlement... a. The settlement is the result of protracted, arm s length, informed negotiations.... b. The settlement is well within the range of possible approval.... c. The settlement has no obvious deficiencies.... d. The proposed incentive payments are reasonable.... e. The attorneys fees and costs provisions are also reasonable.... f. VHA s participation in negotiating and HUD s approval of the Settlement Agreement weigh heavily in favor of its reasonableness.... C. The Proposed Notice to the Settlement Class Should Be Approved.... The Notice Provides Detailed Information Regarding the Terms and Conditions of the Settlement, the Right to Object, and the Right to Opt Out of the Damages Class.... The Proposed Notice Also Meets Due Process Requirements... 0 D. The Fairness Hearing, Deadlines, Procedures and Briefing Schedule... V. CONCLUSION... PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - ii [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

4 Case :-cv-00-rbl Document Filed 0// Page of TABLE OF AUTHORITIES CASES Amchem Prods., Inc. v. Windsor, U.S. ()..., Amone v. Aveiro, F.R.D. (D. Hawaii 0)... Armstrong v. Davis, F.d (th Cir. 0)... Baby Neal v. Casey, F.d (rd Cir. )... Blackie v. Barrack, F.d (th Cir. )... Churchill Village, L.L.C. v. Gen. Elec., F.d (th Cir. 0)..., Custom LED, LLC v. ebay, Inc., WL (N.D. Cal. Aug., )... Ellis v. Costco Wholesale Corp., F.d 0 (th Cir. )... Fernandez v. Dep t of Soc. & Health Services, F.R.D. (E.D. WA 0)... Galindo v. Housing Authority of Los Angeles, Case No. CV --GW (C.D. Cal. March, )... Gen. Tel. Co. of Southwest. v. Falcon, U.S. ()... Hanlon v. Chrysler Corp., 0 F.d (th Cir. )...,,, Hanon v. Dataproducts Corp., F.d (th Cir. )... Hansen v. Ticket Track, Inc., F.R.D. (W.D. Wash. 0)... Hughes v. Microsoft Corp., 0 WL 0 (W.D. Wash. Mar., 0)... PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - iii [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

5 Case :-cv-00-rbl Document Filed 0// Page of In re Bluetooth Headset Prods. Liab. Litig., F. d (th Cir. )...,, In re Health Corp. Securities Litigation, Fed. Appx. (th Cir. 0)... In re NASDAQ Market-Makers Antitrust Litig., F.R.D. (S.D.N.Y. )..., In re Orthopedic Bone Screw Prods. Liab. Litig., F.R.D. (E.D. Pa. )... In re Syncor ERISA Litigation., F.d (th Cir. 0)... In re Vitamins Antitrust Litig., 0 WL (D.D.C. July, 0)..., Jordan v. County of Los Angeles, F.d (th Cir. ), vacated on other grounds, U.S. ()... LaDuke v. Nelson, F.d (th Cir. )... Marshall v. Holiday Magic, Inc., 0 F.d (th Cir. )... McCluskey v. Trustees of Red Dot Corp. Emp. Stock Ownership Plan & Trust, F.R.D. 0 (W.D. Wash. )... McDowell v. Philadelphia Housing Authority, F.d (rd Cir. 0)..., McDowell v. Philadelphia Housing Authority, Case No. -0, WL (E.D. Penn. May, )... Mendoza Tucson Sch. Dist. No., F.d (th Cir. 0)... Mullane v. Cent. Hanover Bank & Trust Co., U.S. 0 (0)...0 Nat l Rural Telecomm. Coop. v. DIRECTV, Inc., F.R.D. (C.D. Cal. 0)... Nelson v. Greater Gadsen Housing Authority, 0 F.d 0 (th Cir. )... PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - iv [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

6 Case :-cv-00-rbl Document Filed 0// Page of Officers for Justice v. Civil Serv. Comm n of City & Cnty. of San Francisco, F.d (th Cir. )..., Pelletz v. Weyerhaeuser Co., F. Supp. d (W.D. Wash. 0)... Pierce v. Novastar Mortgage, Inc., 0 WL (W.D. Wash. June, 0)... Rancourt v. Concannon, F.R.D. (D. Me. 0)... Rodriquez v. W. Publ g Corp., F.d (th Cir. 0)..., Shump v. Balka, F.d, (th Cir. )... Smith v. Univ. of Washington, F. Supp. d (W.D. Wash. )... Staton v. Boeing Co., F.d (th Cir. 0)... Sylvester v. U.S. Dept. of Housing and Urban Development, Case No. -, WL (E.D. Louisiana Dec., )... Tarrer v. Pierce Cnty., WL 000 (W.D. Wash. Dec., )... Torrisi v. Tucson Elec. Power Co., F.d 0 (th Cir. )... Wal-Mart Stores, Inc. v. Dukes, S. Ct. ()..., Wright v. City of Roanoke Redevelopment and Housing Authority, U.S. ()... Young v. Polo Retail, LLC, 0 WL 00 (N.D. Cal. Oct., 0)... STATUTES U.S.C. a...,,, U.S.C.... PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - v [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

7 Case :-cv-00-rbl Document Filed 0// Page of U.S.C.... U.S.C.... RCW..0()... RCW RCW RCW.... REGULATIONS C.F.R. 0.(c)()... C.F.R. (E)..., C.F.R..0(a)... C.F.R..0..., C.F.R..0(b)...,, OTHER AUTHORITIES AA Charles Alan Wright et al. Federal Practice & Procedure (rd ed. 0)...,, Alba Conte and Herbert Newberg, Newberg on Class Actions (th ed. 0)...,, Fed. R. Civ. P. (a)..., Fed. R. Civ. P. (a)()... Fed. R. Civ. P. (a)()..., Fed. R. Civ. P. (a)()... Fed. R. Civ. P. (b)..., Fed. R. Civ. P. (b)()...,, Fed. R. Civ. P. (b)()...,,, Fed. R. Civ. P. (c)... Fed. R. Civ. P. (c)()(b)...,, Fed. R. Civ. P. (c)()... PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - vi [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

8 Case :-cv-00-rbl Document Filed 0// Page of Fed. R. Civ. P. (e)...,,,,,, Fed. R. Civ. P. (e)()... Fed. R. Civ. P. (g)... Fed. R. Civ. P. (h) HUD Handbook 0.0 REV- (May, 0)... Judges Class Action Notice and Claims Process Checklist and Plain Language Guide ()...0 Manual for Complex Litigation (th ed. )... Manual for Complex Litigation Third 0. ()... PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - vii [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

9 Case :-cv-00-rbl Document Filed 0// Page of I. INTRODUCTION This dispute arises from the Vancouver Housing Authority s ( VHA ) failure to meet its obligations under U.S.C. a and United States Department of Housing and Urban Development ( HUD ) regulations related to utility allowances VHA provides its Public Housing tenants. Plaintiffs Annie McCullumn, Nancy Ramey, and Tami Romero are tenants who formerly resided in or currently reside in VHA Public Housing and who paid excess rent because of VHA s failure to comply with federal law. Over a six-plus-year period, the parties have attempted to address the shortcomings in VHA s utility allowances and through mediation and arm s length negotiation have recently reached settlement. Plaintiffs respectfully request that, pursuant to Federal Rules of Civil Procedure (c) and (e), the Court provisionally certify this class action and grant preliminary approval of the proposed settlement. Plaintiffs proposed order will: () provisionally certify the Settlement Classes and appoint Class Representatives and Class Counsel; () grant preliminary approval of the proposed settlement; () approve the proposed notice of the settlement and the plan for disseminating the notice to the Settlement Classes; () set a deadline and procedure for those members of the Damages Class who wish to opt out or exclude themselves from the Damages Class to do so; () set forth the procedures and deadlines for objecting to the settlement, speaking at the Fairness Hearing, and briefing the issue of attorneys fees and costs, including incentive payments; and () schedule the Fairness Hearing and set the deadline for filing a motion for final approval and replying to any objections or opposition memorandum filed by any objector. While VHA does not admit or agree with the facts or legal conclusions set forth in this motion, VHA does no oppose entry of the Plaintiffs proposed order presented herewith. All capitalized terms in this motion have the meanings set out in the Settlement Agreement attached as Exhibit to this motion. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

10 Case :-cv-00-rbl Document Filed 0// Page of II. FACTUAL BACKGROUND A. The Statutory Framework Underlying this Action and an Overview of Plaintiffs Claims Plaintiffs are low-income tenants who formerly resided or currently reside in Public Housing owned and managed by VHA. Like most public housing tenants, they paid or pay income-based rent to VHA. By federal law, Public Housing tenants who pay income-based rent cannot, in most circumstances, be required to pay more than thirty percent of the family s monthly adjusted income for their housing, including utilities. U.S.C. a. Where, as here, tenants pay for utilities not included in their rent, HUD regulations require that VHA establish, regularly adjust, and deduct from the family s total tenant payment a utility allowance when determining the family s rent. See C.F.R. 0.(c)(); C.F.R. Part, Subpart E. The utility allowance is not a dollar-for-dollar reimbursement of a tenant s utility bills. Instead, it is an estimate made by VHA of the monthly cost of utilities and other services for the unit that an energy-conservative household of modest circumstances would consume, consistent with the requirements of a safe, sanitary, and healthful living environment. C.F.R..0(a). For example, a tenant whose monthly income is $,000 and whose average utility expenses are $0/month may, based on VHA s estimate, be provided a monthly utility allowance of $0. Because of this allowance, the tenant would owe no more than $0 in rent per month (instead of the $00/month he or she would otherwise owe). VHA does not have unlimited discretion in setting utility allowances. HUD regulations require that VHA annually review its utility allowances and make appropriate adjustments. C.F.R..0. HUD regulations also obligate a public housing agency to adjust its utility allowances between annual reviews when there is a utility rate change that, along with prior rate PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

11 Case :-cv-00-rbl Document Filed 0// Page of changes not adjusted for, results in a change of percent or more from the rates on which the allowances were based. C.F.R..0(b). When a public housing agency fails to establish or adjust its allowances in accordance with HUD regulations, its tenants end up paying rent in excess of that allowed by U.S.C. a (often referred to as the Brooke Amendment) and HUD s implementing regulations. Tenants who pay such excess rent have the right to bring suit under U.S.C.. See, e.g., Wright v. City of Roanoke Redevelopment and Housing Authority, U.S., 0- (). They may also have a breach of contract claim. Nelson v. Greater Gadsen Housing Authority, 0 F.d 0, 0-0 (th Cir. ). VHA failed to properly establish and adjust its Public Housing utility allowances as required by C.F.R. Part, Subpart E. In particular, VHA failed to annually review and to adjust its allowances as utility rates increased, in violation of C.F.R..0. Because of these failures, VHA charged the Damages Class more rent than it was permitted to by the Brooke Amendment. Plaintiffs allege a federal claim under U.S.C. and a state claim for breach of contract based upon their lease, and seek as damages the excess rents they paid, together with prejudgment interest.. Monetary Relief for Damages Class Plaintiffs are entitled to recover all the excess rent (the difference between the utility allowances that would have been in place had VHA appropriately adjusted its allowances and the actual utility allowances that VHA used to compute their rent) they and other members of the Damages Class paid from April, 0 through April 0,. This measure of damages is based on a plain reading of the HUD regulations, C.F.R..0(b), and McDowell v. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

12 Case :-cv-00-rbl Document Filed 0// Page of Philadelphia Housing Authority, F.d, (rd Cir. 0). Plaintiffs are also entitled to prejudgment interest at the rate of % under RCW..0() and RCW..0 based on their state breach of contract claim, provided the Court finds that damages are liquidated.. Non-Monetary Relief for Declaratory and Injunctive Relief Class Plaintiffs are also entitled to declaratory and injunctive relief requiring VHA to comply with various provisions of the HUD regulations governing utility allowances, which VHA disregarded for a number of years. They seek, in part, an injunction requiring annual reviews, allowance adjustments whenever utility rates increase by % or more between annual reviews, notice and an opportunity to comment whenever VHA changes its estimate of reasonable consumption of any particular utility, and the appropriate maintenance of records.. Attorneys Fees and Costs Plaintiffs also seek to recover their reasonable attorneys fees and costs under U.S.C. and under the provision of their lease, which provides that [t]he prevailing party in any litigation shall be entitled to recover costs of suit and a reasonable attorney s fee. B. Plaintiffs Investigations and the Negotiations Leading to the Settlement Agreement In April 0, ( CLS ) sent a request for public records to a number of public housing agencies in the State of Washington, including VHA, to ascertain the adequacy of their Public Housing utility allowances. Declaration of Merf E. Ehman ( MEE Decl. ),. Based on this inquiry, CLS discovered that VHA had not annually reviewed or adjusted its allowances as required by HUD regulations. Id. at. In December 0, CLS sent letters to VHA s Public Housing tenants advising them that VHA may have overcharged them rent. Declaration of Gregory D. Provenzano ( GDP Decl. ) at. Upon learning of this The damages period is based on a tolling agreement between the parties and the applicable six-year statute of PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] (0) -0 / (0) - (fax) -000/LEGAL000.

13 Case :-cv-00-rbl Document Filed 0// Page of correspondence, VHA undertook a partial review of its utility allowances, and sent out two rounds of rent refund checks in January and February to those tenants VHA determined had paid too much rent. Id. at. On April,, CLS sent a letter to VHA s Executive Director asserting that VHA s public housing utility allowances were not established nor adjusted in accordance with federal law, and that as a result, families residing in VHA s Public Housing had paid more rent than allowed by U.S.C. a. GDP Decl.. The letter also stated that CLS planned to file a class action lawsuit seeking declaratory and injunctive relief, a refund of any rent paid in excess of that allowed under federal law, prejudgment interest, court costs, and reasonable attorneys fees unless VHA: () agreed to discuss the merits and possible resolution of these claims; () adequately responded to requests for public records and shared the information needed to investigate CLS clients claims and resolve them; and () executed an agreement tolling any applicable statute of limitations while these discussions were underway. Id. On April,, VHA s Executive Director executed the tolling agreement. Id. at. During subsequent discussions, VHA informed CLS that it would retain a consultant to determine the adequacy of its public housing utility allowances going back to April, 0. Id. at. VHA agreed to share its consultant s report and recommendations, including any actual utility consumption data it collected, with CLS. Id. Subsequently, Plaintiffs retained their own consulting expert to review the information it obtained from VHA. Id. at. On or about February,, VHA sent a letter to its then-current Public Housing tenants stating that it had retained a consultant to review the adequacy of its utility allowances and based on the recommendations of this consultant that it would implement revised public limitations on Plaintiffs breach of contract claim. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

14 Case :-cv-00-rbl Document Filed 0// Page of housing utility allowances effective May,. Id. at. A few days later, VHA decided to make additional rent refunds to both then-current and former tenants who it determined had paid excess rents going back to April, 0. Id. at. On or about March,, VHA sent rent refund checks to approximately thencurrent tenants totaling approximately $,0., with an accompanying letter. Id. at. The accompanying letter stated, [i]f you cash or deposit this check, you are agreeing that the amount of the check is the total amount owed to you based on any correction to the utility allowance used in the past for determining your rent and that you consider the issue of past utility allowances to be closed. Id. CLS continued to investigate and evaluate Plaintiffs claims. Id. at. VHA took no steps to terminate the tolling agreement. Id. In February, after concluding that any affirmative defense of accord and satisfaction was meritless, Plaintiffs asked VHA to mediate this dispute. Id. at. VHA agreed to do so. Id. On May,, Honorable Terrence A. Carroll, a former King County Superior Court judge, presided over a full day of mediation. Id. at,. The Parties exchanged mediation statements prior to the mediation, and each party submitted private mediation letters to the mediator. MEE Decl.. Although the Parties were unable to reach settlement, they entered into a written agreement to continue their efforts to resolve this dispute. GDP Decl. at ; MEE Decl. at. At the conclusion of the mediation, the parties executed an agreement obligating VHA to collect and share with Plaintiffs counsel actual utility billing data, to the extent it was available, to further resolution of the dispute. GDP Decl.. Since then, the Parties have engaged in protracted, arm s length negotiations in an effort to settle this matter. Id. at 0. During these negotiations, the Parties agreed upon a Settlement Fund (and how these monies would be distributed to members of the Damages Class) and the PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

15 Case :-cv-00-rbl Document Filed 0// Page of non-monetary, prospective relief provisions of the Settlement Agreement. Id. at. Subsequently, the Parties reached agreement on the amount of attorneys fees and costs, including incentive payments, that VHA would pay, provided the Court approves the award. Id. After more than months of post-mediation negotiations, the Parties reached agreement on the terms and conditions set forth in the Settlement Agreement, including exhibits, attached as Exhibit. Id. at. On February,, HUD approved the settlement as required by HUD Handbook 0.0 REV- (May, 0). Id. at. The Parties subsequently executed the Settlement Agreement. Id. at. Plaintiffs promptly filed this Action. Id. at. VHA waived service. Id. III. TERMS OF THE SETTLEMENT AGREEMENT The Settlement Agreement provides for payments to most members of the Damages Class. The Settlement Agreement also includes prospective, non-monetary relief enforceable by the Declaratory and Injunctive Relief Class for a period of forty-eight () months that should ensure that VHA complies with various HUD regulations governing utility allowances. The Settlement Agreement also provides for the payment of a portion of the reasonable attorneys fees and costs Plaintiffs Counsel expended on this matter, and modest incentive payments for the three Class Representatives, if approved by this Court. A. The Settlement Classes The Settlement Agreement provides for the certification of two Settlement Classes: a Damages Class under Federal Rule of Civil Procedure (b)() and a Declaratory and Injunctive Relief Class under Rule (b)(). Settlement Agreement ( SA ) at. The Damages Class includes both former and current tenants residing in VHA s Public Housing. Id. at.. The Declaratory Injunctive Relief Class includes current and some future tenants. Id. at.. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

16 Case :-cv-00-rbl Document Filed 0// Page of The Damages Class is defined as all adult heads of household who (a) executed a lease and resided in Public Housing owned by VHA between April, 0 and May, ; (b) paid an income-based or minimum rent; and (c) were responsible for tenant-paid utilities. Id. at.. Members of the Damages Class, identified through VHA records, are listed in Exhibit E to the Settlement Agreement. The Damages Class is large, consisting of some households. Id. The Declaratory and Injunctive Relief Class is defined as all adult heads of household who (a) executed a lease and currently reside in Public Housing or Covered Housing owned by VHA at the time the Final Judgment and Order is entered, or execute a lease and reside in Public Housing owned by VHA in the future while the non-monetary relief provisions in Section. of the Settlement Agreement remain in effect; (b) pay or will pay an income-based or minimum rent; and (c) are or will be responsible for tenant-paid utilities. Id. at.. B. Settlement Benefits The settlement provides significant benefits to both proposed Settlement Classes. Based on their assessment of the strengths and weaknesses of the case and other factors, Plaintiffs and their counsel believe that the settlement is fair, adequate and reasonable, and in the best interests of all Class Members. Declaration of McCullumn at ; Declaration of Ramey at ; Declaration of Romero at ; GDP Decl. at ; MEE Decl. at.. Damages Class VHA has agreed to establish a Settlement Fund in the amount of $,.0 from which To protect the privacy of members of the Damages Class, Exhibit E will not be filed in the court record, posted, published, or otherwise made publically available, unless the Court orders otherwise. Exhibit D of the Settlement Agreement shows those units that the Parties consider to be Public Housing and Covered Housing at the time the Settlement Agreement was filed with the Court. Id. As a result of the sale or disposition of various Public Housing units over the last several years, the Declaratory and Injunctive Relief Class now consists of approximately households. S.A., Exhibit D. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

17 Case :-cv-00-rbl Document Filed 0// Page of it shall disburse payments by checks to members of the Damages Class in accordance with the provisions of the Settlement Agreement. S.A. at.. For each member of the Damages Class, Plaintiffs calculated the excess rent he or she paid from April, 0 through April 0, by determining the difference between the utility allowance that should have been in place had VHA adjusted its allowances annually to account for all utility rate increases and the actual utility allowances VHA used to compute rent. Id. at... Plaintiffs calculations were based on VHA s records and on C.F.R..0(b), as interpreted by McDowell v. Philadelphia Housing Authority, F.d (rd Cir. 0). Plaintiffs also calculated the prejudgment interest due for each month the utility allowance was too low from the date the rent was paid through December,, using an annual inflation factor of.%. S.A. at... Next, Plaintiffs subtracted the previous rent refund payments that VHA made to each Class Member, or rent credits, if any, in the months of January, February, and March. Id. The difference, if any, is the balance due each Class Member under Plaintiffs theory of the case. Id. There are a relatively small number of Class Members who suffered no damages under Plaintiffs theory of the case because VHA s rent refunds in January, February, and March exceed the excess rent and prejudgment interest due. The Settlement Fund constitutes approximately % of the sum total due all Class Members under Plaintiffs theory of the case. Id. at... VHA will therefore refund each Damages Class member this percentage of the balance due him or her under Plaintiffs theory of the case as his or her Settlement Share. Id. Exhibit F shows the Settlement Share due each According to the U.S. Department of Labor, Bureau of Labor Statistics, the Portland-Salem the Consumer Price Index, All Items for All Urban Consumers (CPI-U), the annual average inflation rate (over-the-year percent change) from 0 through (the last full year available when the amount of the Settlement Fund was negotiated) was.%. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

18 Case :-cv-00-rbl Document Filed 0// Page of member of the Damages Class. Id. at... To protect the privacy of members of the Damages Class, each Class Member is identified by a unique resident ID number. The Parties agree that VHA shall have the right to set off against each Damages Class Member s Settlement Share any unpaid rent or other charges due under the Class Member s Public Housing lease. Id. at... Importantly, VHA has agreed that it will not assert any such setoff without providing the Class Member notice and an opportunity to contest the setoff. Id. at..,.. Class members will have a right to appeal their Settlement Share and any proposed setoffs in certain situations as set out under the Settlement Agreement. Id. at... If a potential member of the Damages Class opts out or requests exclusion from the Damages Class, his or her share of the Settlement Fund will revert to VHA. Id. at.. In all other cases, the funds will go to the identified Class Member, his or her former spouse where coheads of households have divorced, or to the Class Member s estate, heirs, or successors. Id...,..,... If VHA cannot locate a Class Member or a settlement check is not negotiated, the funds shall be considered abandoned property belonging to the Class Member and shall be handled in accordance with the provisions of Chapter. RCW Uniform Unclaimed Property This type of provision has been routinely included in similar settlements involving other housing authorities. See, e.g., Shump v. Balka, F.d, (th Cir. ). A Class Member shall have no right to contest a setoff where the debt has been reduced to judgment, where the validity of the debt was previously decided by a hearing officer following a hearing under VHA s Public Housing Grievance Procedure, or where the Class Member previously executed a written repayment agreement acknowledging the debt. See, S.A. at... The Settlement Agreement includes a blow-up provision allowing VHA to terminate the Settlement Agreement where the total value of the Settlement Shares of Class Members who timely opt out exceeds fifteen ()) percent of the Settlement Fund. S.A. at.. To exercise this right, VHA must provide written notice to Class Counsel and the Court no later than seven () Days after the final deadline for opting out of the Damages Class. Id. Although the Parties have included the blow-up provision in the Settlement Agreement, they have proposed that this provision not be disclosed to Class Members as part of the class or summary notices, Exhibits H and G. The threshold number of opt outs required to trigger a blow-up provision is typically not disclosed and is kept confidential to encourage settlement and discourage third parties from soliciting class members to opt out. See, e.g., In re Health Corp. Securities Litigation, Fed. Appx., 0 n. (th Cir. 0). PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

19 Case :-cv-00-rbl Document Filed 0// Page of Act. S.A... VHA has agreed to take reasonable steps, set forth in the Settlement Agreement, to locate Damages Class Members who no longer reside in its Public Housing. Id. at... Lastly, for those members of the Damages Class who will not receive a Settlement Share because they received previous rent refunds in excess of the damages Plaintiffs claim are due, VHA has agreed that it will not seek to recoup or recover such payments. Id. at.... Declaratory and Injunctive Relief Class The Settlement Agreement also provides prospective, non-monetary relief enforceable by members of the Declaratory and Injunctive Relief Class. S.A. at.. VHA has agreed that it will annually review and adjust as necessary both its Public Housing and its Covered Housing utility allowances. Id. at... VHA has agreed to adjust its Public Housing utility allowances between annual reviews where utility rates increase by % or more. Id. at... The Settlement Agreement includes other provisions benefitting members of the Declaratory and Injunctive Relief Class, including a 0-day notice and comment requirement for Public Housing utility allowances, recordkeeping requirements, an individual relief policy, and changes to VHA s dwelling leases. Id. at..... Notably, the settlement provides protections both to Public Housing tenants and former Public Housing tenants now residing in Covered Housing. Id. at.... If the Court approves the settlement, these provisions will be incorporated into a Final Order and Judgment and will remain in effect for months from the effective date of that order. Id. at... The Settlement Agreement also includes reporting and other provisions designed to ensure that Class Members and Class Counsel can monitor compliance by VHA with the terms and conditions of the Settlement Agreement, including annual compliance reports. Id. at.,... The Settlement Agreement includes specific provisions in case of noncompliance, PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

20 Case :-cv-00-rbl Document Filed 0// Page of including notice requirements, a requirement that the Parties work in good faith to resolve any dispute, mandatory third-party mediation, and the right of a prevailing party to seek reasonable attorneys fees and costs. Id. at.,.. C. Attorneys Fees and Expenses Pursuant to the Settlement Agreement, Class Counsel will file a separate request for approval from the Court of an award of up to, but no more than, $0, for attorneys fees and costs, including modest incentive payments for each of the three Class Representative that the Court may allocate out of this amount. S.A. at.. VHA has agreed not to oppose Plaintiffs motion for attorneys fees and costs and any request for incentive payments, provided no individual incentive payment exceeds $, Id. at... The incentive payments will come out of the attorneys fee award that would otherwise go to Class Counsel. Id. at.. D. Release of Claims. Plaintiffs and Damages Class If the Court approves the Settlement Agreement, Plaintiffs and the members of the Damages Class will be deemed to have released all Settled Claims, including any claim for additional attorneys fees and costs. Id. at.,..,... Settled Claims cover all claims and damages, known, or unknown, asserted or unasserted arising out of the facts giving rise to this Action. Id. at... Declaratory and Injunctive Relief Class If the Court approves the Settlement Agreement, members of the Declaratory and Injunctive Relief Class will also be deemed to have released all claims that they asserted or could have asserted for declaratory and injunctive relief. Id. at.,... This release covers all such claims, known, or unknown, asserted or unasserted, arising out of the facts giving rise to PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

21 Case :-cv-00-rbl Document Filed 0// Page of this Action. Id. at.. A member of the Declaratory and Injunctive Relief Class who is not also a member of the Damages Class will not waive any monetary claims. Moreover, the release does not bar members of the Declaratory and Injunctive Relief Class from seeking relief should VHA fail to comply with the Settlement Agreement or should it engage in future conduct giving rise to similar claims. E. Notice of Settlement and Right to Opt Out The Parties have agreed to a notice plan that includes individual notice by U.S. Postal Service, first-class mail, postage prepaid, to the last known address for each Class Member. S.A. at.. VHA has agreed to use a U.S. Postal Service ancillary service endorsement that, in most cases, will provide it with an addressee s current address. Id. at.. VHA will make a second mailing where the U.S. Postal Service notifies VHA of a forwarding address. Id. at.. VHA will also publish a Summary Notice in its Resident Newsletter and in the local Clark County paper, The Columbian. Id. at.. In addition, VHA and Class Counsel will post the notice and related documents on their websites. Id. at.. The Notice of Proposed Class Action Settlement and Right to Opt Out and Summary Notice ( Notice ) will provide Class Members with all the information generally required under Rule (c)()(b) for Rule (b)() classes, for settlement of a class action lawsuit under Rule (e), and for an award of attorneys fees and costs under Rule (h). See, S.A., Exhibits H, H-, G. The notices will inform Class Members of: the nature of the action; the litigation background and terms of the Settlement Agreement, including the definition of the Settlement Classes; the right of Damage Class members to opt out or exclude themselves from the Damages Class; the right of any Class Member to object to the settlement or award of attorneys fees and expenses, including incentive payments; the relief provided by the Settlement Agreement; Class Counsel s PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

22 Case :-cv-00-rbl Document Filed 0// Page of request for fees, costs, and incentive payments; and the scope of all releases and binding nature of the settlement on Class Members. The notices will also describe the procedure and deadlines for objecting to the settlement and/or responding to the request for attorneys fees and costs, including incentive payments, and the date, time and procedures for the Fairness Hearing. F. Opt-Outs Any member of the Damages Class may opt out of the Damages Class in accordance with the provisions of Federal Rule of Civil Procedure (c)()(b). S.A. at. The notices provide all of the information required by this Rule so that a Class Member may make an informed decision as to whether to opt out from the Damages Class. Any member of the Damages Class who wishes to opt out must complete, sign, file, and serve an Opt-Out Form, no later than thirty (0) Days before the Fairness Hearing. S.A. at. and Exhibit H. VHA shall mail the Opt-Out Form to all members of the Damages Class as part of Exhibit H. G. Objections Written objections, and notice of an intention to appear and speak at the Fairness Hearing, must be filed and served no later than thirty (0) Days before the Fairness Hearing. S.A. at at.,.. The objection must include: () a statement of the Class Member s objection(s); () the Class Member s name, address, and telephone number; and () information demonstrating that the Class Member is a member of one of the Settlement Classes. Id. at.. IV. ARGUMENT Parties may not settle a class action without court approval. Fed. R. Civ. P. (e). When the parties to a putative class action reach a settlement agreement prior to class certification, a court should first determine whether to certify the class provisionally. Staton v. Boeing Co., F.d, (th Cir. 0). In doing so, the court must pay undiluted, even heightened, PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

23 Case :-cv-00-rbl Document Filed 0// Page of attention to class certification requirements. Hanlon v. Chrysler Corp., 0 F.d, (th Cir. ) (citing Amchem Prods., Inc. v. Windsor, U.S., ()). The court cannot rely on the parties agreement to certify the class; it must satisfy itself that the requirements of Rule (a) and (b) have been met so that absent members can fairly be bound by decisions of class representatives. Amchem Prods., Inc., U.S. at -. The court must also determine whether the proposed settlement is fundamentally fair, adequate, and reasonable. Hanlon, 0 F.d at. If the court preliminarily certifies the class and finds the proposed settlement fair to its members, the court schedules a fairness hearing where it makes a final determination whether to approve the settlement after providing notice and an opportunity to object to class members. See, Manual for Complex Litigation.. (th ed. ). A. The Proposed Classes Should be Provisionally Certified Plaintiffs seek provisional certification of two Settlement Classes. A court can certify a class only if it meets the four elements of Federal Rule of Civil Procedure (a) and additionally fits within one of the three subdivisions of Rule (b). Amchem Prods., Inc., U.S. at. The party moving for class certification has the burden of proving that these prerequisites are met. Fernandez v. Dep t of Soc. & Health Services, F.R.D., (E.D. WA 0). Although a district court has discretion in determining whether these requirements are met, the court must conduct a rigorous inquiry before certifying a class. Gen. Tel. Co. of Southwest. v. Falcon, U.S., (); Ellis v. Costco Wholesale Corp., F.d 0, (th Cir. ). In some instances, a court may need to probe behind the pleadings prior to class certification to ensure that these requirements have been met. Wal-Mart Stores, Inc. v. Dukes, S. Ct., - (). PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

24 Case :-cv-00-rbl Document Filed 0// Page of Courts have approved class action settlements in cases similar to this one under Rule (e) involving Public Housing and Section utility allowances. See, e.g., Galindo v. Housing Authority of Los Angeles, Case No. CV --GW (Order Granting Plaintiffs Motions for Final Approval of Settlement Agreement and Award of Attorneys Fees and Costs) (C.D. Cal. March, ); McDowell v. Philadelphia Housing Authority, Case No. -0, WL (E.D. Penn. May, ) (court approved settlement agreement that established monetary fund to compensate class members harmed when the public housing authority failed to factor in rising gas rates into utility allowances). Each of the two proposed Settlement Classes meets the required class certification criteria and the settlement is fair, adequate and reasonable.. Both Settlement Classes Meet the Four Elements of Rule (a) a. The size of the two classes and other factors make joinder impracticable. Rule (a)() is an impracticability of joinder requirement. Alba Conte and Herbert Newberg, Newberg on Class Actions, : (th ed. 0) (hereinafter Newberg ); see also, Smith v. Univ. of Washington, F. Supp. d, 0 (W.D. Wash. ) (joinder does not need to be impossible, but simply impracticable depending on the facts and circumstances of the case). [F]actors such as the ability of individual claimants to institute separate suits, and whether injunctive or declaratory relief is sought, should be considered in determining whether joinder is practicable. Jordan v. County of Los Angeles, F.d, (th Cir. ), vacated on other grounds, U.S. (). Moreover, the numerosity requirement is presumptively met when a proposed class exceeds forty members. See, e.g., McCluskey v. Trustees of Red Dot Corp. Emp. Stock Ownership Plan & Trust, F.R.D. 0, - (W.D. Wash. ) (collecting cases). Here, joinder is impracticable due to the large number of class members. There are some PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

25 Case :-cv-00-rbl Document Filed 0// Page of member of the Damages Class. GDP Decl. at. The relatively modest monetary claim of each member makes joinder impracticable. The Declaratory and Injunctive Relief Class is also large, exceeding more than 0 households, and includes future class members making joinder or individual lawsuits inherently impracticable. Id. b. There are common questions of law and fact. Rule (a)() requires that there be at least one question of law or fact common to members of the class. Blackie v. Barrack, F.d, 0 (th Cir. ); see also Newberg, :. Commonality does not require that plaintiffs injuries be identical to those of other class members, only that the injuries are similar and that they result from the same course of conduct. See Baby Neal v. Casey, F.d, (rd Cir. ). In a civil rights action, commonality is generally satisfied where the lawsuit challenges a system-wide practice or policy that affects all of the putative class members. Tarrer v. Pierce Cnty., WL 000, at * (W.D. Wash. Dec., ) (citing LaDuke v. Nelson, F.d, (th Cir. )). Here, Plaintiffs claims and those of each of the Settlement Classes arise from a common nucleus of facts and are based on the same legal theories. VHA s utility allowance policies and practices adversely affected all its Public Housing tenants who paid an income-based or minimum rent and paid for various utilities. In violation of federal law, VHA consistently failed to annually review and adjust its Public Housing utility allowances as utility rates increased, leading to members of the Damages Class overpaying rent. Requiring VHA to annually review and properly adjust its utility allowances and fairly compensate those members who overpaid rent resolves these claims. Thus, these harms are capable of class-wide resolution in keeping with the requirements of Rule (a)(). See, Wal-Mart, S. Ct.. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

26 Case :-cv-00-rbl Document Filed 0// Page of c. Plaintiffs claims are typical of the claims of the Settlement Classes. Typicality is satisfied if: () other members have the same or similar injury; () the action is based on conduct that is not unique to the named plaintiff; and () other class members have been injured by the same course of conduct. Hansen v. Ticket Track, Inc., F.R.D., (W.D. Wash. 0) (citing Hanon v. Dataproducts Corp., F.d, 0 (th Cir. )). In government benefit class actions, the typicality requirement is met when the representative plaintiff is subject to the same statute, regulation or policy as class members. Rancourt v. Concannon, F.R.D., (D. Me. 0), citing Newberg :0. All that is required is that class members have injuries similar to the class representatives and that those injuries result from the same course of conduct. Armstrong v. Davis, F.d, (th Cir. 0). Here, Plaintiffs causes of action stem from the identical conduct that forms the basis of the class claims. Further, Plaintiffs seek the same monetary, declaratory and injunctive relief for all members of the two proposed Settlement Classes. d. The proposed class representatives and counsel have adequately protected the interests of the class and will continue to do so. To determine whether the representative parties will adequately represent the class, as required by Rule (a)(), a court asks: () do the named plaintiffs and their counsel have any conflicts of interest with other class members; and () will the named plaintiffs and their counsel prosecute the action vigorously on behalf of the class? Hanlon, 0 F.d at. Where there are no conflicts between the class representative and other class members, the focus is primarily on class counsel, not on the plaintiff, to determine if there will be vigorous prosecution of the class action. Newberg :. Here, Plaintiffs claims and interests are not in conflict with, but instead mirror, the interests of the proposed Damages Class and Declaratory and Injunctive Relief Class. See PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

27 Case :-cv-00-rbl Document Filed 0// Page of Declarations of McCullumn, Ramey, and Romero. As required by Federal Rule of Civil Procedure (g), Plaintiffs request that the Court appoint as Class Counsel for both Settlement Classes. These counsel have spent considerable effort identifying and investigating the claims of the proposed Damages Class and the proposed Declaratory Relief and Injunctive Relief Class. GDP Decl. at,,,,,, ; MEE Decl. at -. They have extensive experience handling class actions and claims of the type asserted here and are knowledgeable about the applicable law. GDP Decl. at,, ; MEE Decl. at -. is also prepared to commit the resources needed to handle this action. Id.. Each Settlement Class Satisfies Rule (b) a. Certification of the Damages Class is appropriate under Rule (b)(). Plaintiffs request that the Damages Class be certified pursuant to Rule (b)(), which is appropriate whenever the actual interests of the parties can be served best by settling their differences in a single action. AA Charles Alan Wright et al. Federal Practice & Procedure (rd ed. 0). Such certification is appropriate if: () the questions of law or fact common to class members predominate over any questions affecting only individual members, and () a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. Fed. R. Civ. P. (b)(). These two requirements, called the predominance and superiority requirements, see Hanlon, 0 F.d at -, are met here. As to predominance, there is a common nucleus of facts and claims amongst Plaintiffs and members of the Damages Class. These common issues predominate over any questions affecting only individual members. Whether Plaintiffs and Class Members are entitled to recover excess rent they paid because VHA failed to annually review and adjust their utility allowances PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

28 Case :-cv-00-rbl Document Filed 0// Page of and the appropriate amount of restitution can be resolved for all members of the Class in a single adjudication. These common questions overwhelmingly predominate over any individual issues (e.g., setoffs the VHA may be able to assert against some individual class members). As far as superiority, Rule (b)() requires an assessment of whether the objectives of the class action procedure will be achieved in the particular case. Hanlon, 0 F.d at (citing Wright ). This assessment involves a comparative evaluation of alternative mechanisms of dispute resolution. Id. In this case, as in Hanlon, the only alternative method of resolution would be individual lawsuits for small monetary claims that might be subject to a statute of limitations defense, and that would unnecessarily burden the judiciary, and prove uneconomic for tenants. Id. As in Hanlon, litigation costs for most individuals would dwarf any potential recovery. Id. Given these factors, a fair examination of the only alternative can only result in one conclusion: a class action is clearly the preferred procedure in this case. Id. Any consideration of the specific, non-exclusive factors set forth in Rule (b)() leads to the same conclusion reached by the Ninth Circuit in Hanlon. From either a judicial or litigant viewpoint, there is no advantage in individual members controlling the prosecution of separate actions. Hanlon, 0 F.d at. There would be less litigation or settlement leverage, significantly reduced resources, and no greater prospect for recovery. Id. There is no pending or anticipated litigation concerning this controversy. There is no need to concentrate the litigation of claims in a particular forum elsewhere. Finally, given that the Court is only being asked to certify the Damages Class for purposes of settlement, there is no need to consider whether the case, if tried, would present management problems. Amchem Products, Inc., U.S. at. In short, for the foregoing reasons, the Court should find all the requirements for certifying the Damages Class, for purposes of settlement, have been met here. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

29 Case :-cv-00-rbl Document Filed 0// Page of b. Certification of the Declaratory and Injunctive Relief Class is equally appropriate under Rule (b)(). Rule (b)() has two requirements. First, the challenged conduct or lack of conduct [must] be premised on a ground that is applicable to the entire class. AA Wright & Miller. Second, final injunctive or declaratory relief must be requested against the party opposing the class. Id. Both requirements are satisfied here. Courts have routinely certified (b)() class actions brought to challenge public housing agencies failure to comply with various federal housing statutes and regulations. See e.g., Amone v. Aveiro, F.R.D. (D. Hawaii 0); Sylvester v. U.S. Dept. of Housing and Urban Development, Case No. -, WL (E.D. Louisiana Dec., ). This Court should do the same. B. The Proposed Settlement Agreement Should Be Preliminarily Approved. The Standard for Preliminary Approval Federal Rule of Civil Procedure (e) provides that parties cannot settle or compromise a class action without court approval. To approve the proposed settlement, the court must determine that it is fair, reasonable, and adequate. In re Syncor ERISA Litigation., F.d, 00 (th Cir. 0). The court s role in the class action settlement process is to protect the rights of those not involved in negotiating the settlement, the unnamed class members. Officers for Justice v. Civil Serv. Comm n of City & Cnty. of San Francisco, F.d, (th Cir. ). The protection afforded by Federal Rule (e) is primarily procedural in nature, requiring class notice of the proposed settlement; approval only after a hearing and a finding that the settlement is fair, reasonable, and adequate; disclosure of any agreement made in connection with the proposed settlement; and opportunities to object. Pierce v. Novastar Mortgage, Inc., 0 WL, PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

30 Case :-cv-00-rbl Document Filed 0// Page 0 of * (W.D. Wash. June, 0). As explained in Officers for Justice: The district court s ultimate determination will necessarily involve a balancing of several factors which may include, among others, some or all of the following: the strength of plaintiffs case; the risk, expense, complexity, and likely duration of further litigation; the risk of maintaining class action status throughout the trial; the amount offered in settlement; the extent of discovery completed, and the stage of the proceedings; the experience and views of counsel; the presence of a governmental participant; and the reaction of the class members to the proposed settlement. This is by no means an exhaustive list of relevant considerations, nor have we attempted to identify the most significant factors. The relative degree of importance to be attached to any particular factor will depend upon and be dictated by the nature of the claim(s) advanced, the type(s) of relief sought, and the unique facts and circumstances presented by each individual case. F.d at (citations omitted). In more recent opinions from the Ninth Circuit, these are sometimes referred to as the Churchill factors, having been discussed in Churchill Village, L.L.C. v. Gen. Elec., F.d, (th Cir. 0). See, e.g., In re Bluetooth Headset Prods. Liab. Litig., F. d, (th Cir. ). The court s inquiry into what is otherwise a private, consensual agreement between the parties to a lawsuit must be limited to the extent necessary to reach a reasoned judgment that the agreement is not the product of fraud or overreaching by, or collusion between, the negotiating parties, and that the settlement, taken as a whole, is fair, reasonable and adequate to all concerned. Officers for Justice, F.d at. At the preliminary approval stage, the Court s evaluation of whether the Settlement Agreement is fair, reasonable, and adequate is limited. Where the proposed settlement appears to be the product of serious, informed, non-collusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the class and falls within the range of possible approval, preliminary approval is granted. In re NASDAQ Market- Makers Antitrust Litig., F.R.D., (S.D.N.Y. ). See also Young v. Polo Retail, LLC, 0 WL 00, at * (N.D. Cal. Oct., 0); In re Vitamins Antitrust Litig., 0 PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

31 Case :-cv-00-rbl Document Filed 0// Page of WL, at *- (D.D.C. July, 0).. The Settlement Is Presumptively Fair and Satisfies the Criteria Courts Use in Deciding Whether to Preliminarily Approve a Class Action Settlement A presumption of fairness exists if the settlement is reached through arm s length negotiation, sufficient investigation has taken place to allow counsel and the court to act intelligently, and counsel is experienced in similar types of litigation. Nat l Rural Telecomm. Coop. v. DIRECTV, Inc., F.R.D., (C.D. Cal. 0) ( A settlement following sufficient discovery and genuine arm s length negotiation is presumed fair. ); In re Orthopedic Bone Screw Prods. Liab. Litig., F.R.D., (E.D. Pa. ) ( Significant weight should be attributed to the belief of experienced counsel that settlement is in the best interest of the class. ) (internal quotation marks and citation omitted). This Court has recognized that presumption. See, e.g., Hughes v. Microsoft Corp., 0 WL 0, at * (W.D. Wash. Mar., 0). As shown below, the proposed settlement here is entitled to this presumption of fairness. It also satisfies the other criteria that courts use in determining whether to approve a class action settlement preliminarily, before directing notice to the class and scheduling a fairness hearing. a. The settlement is the result of protracted, arm s length, informed negotiations. The settlement in this case easily meets the standard for preliminary approval. Class Counsel are experienced in the area of federally subsidized housing law. GDP Decl. at, ; MEE Decl. -. They, and their co-counsel from Perkins Coie, LLP, fully investigated their clients claims and carefully researched applicable law prior to the mediation that resulted in the settlement. GDP Decl. at,. Class Counsel served extensive Public Records Act requests, reviewed a significant amount of information received, queried VHA s consultant, engaged an PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

32 Case :-cv-00-rbl Document Filed 0// Page of expert witness, and undertook comprehensive legal research prior to mediation and the settlement of this lawsuit. Id. at,,,. Additionally, the Settlement Agreement is the product of formal, arm s length negotiation between the Parties. Mediation took place over a full day with the assistance of a retired judge experienced in mediating complex civil litigation. GDP Decl. at. The negotiations continued until their conclusion in September. Id. at 0-. Class Counsel is confident, based on experience in litigating complex civil matters, that they have a full understanding of the facts at issue and the strengths and weaknesses of the allegations in the operative complaint. Id. at. b. The settlement is well within the range of possible approval. There can be little doubt that the proposed settlement is within the range of possible approval. In re NASDAQ Market-Makers Antitrust Litig., F.R.D. at. The settlement will result in significant monetary compensation for most members of the Damages Class, almost doubling the relief that the VHA had previously provided. See Exhibit F at Page (Compare Settlement Share Totals of $, to the $, that VHA previously provided to class members through refunds and rent credits in January, February and March as shown under the Total Adjustments column). The settlement mandates that VHA adhere to certain requirements in the future concerning its utility allowances. S.A. at.. For example, VHA must make specific changes to its leases. Id. at... Throughout the settlement negotiations, the Parties considered factors such as the past and ongoing cost of this contentious dispute, the scope of relief that was being sought and that might be provided, the cost and benefit of such relief, the risks to each party of class certification and trying the matter, and the possibility of appeals from the Court s decision, which would only add to the expense, delay, and uncertainty of the litigation. The Parties and Class Counsel believe that the settlement is fair, reasonable, and adequate. As noted above, members of the Damages PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] (0) -0 / (0) - (fax) -000/LEGAL000.

33 Case :-cv-00-rbl Document Filed 0// Page of Class are recovering almost % of the damages that Plaintiffs estimates they would likely recover at trial if Plaintiffs prevailed on all claims. Given the uncertainties of continued litigation, the delay involved, and other factors, this proposed settlement undoubtedly falls well within the range of possible approval. GDP Decl. at ; MEE Decl. at. c. The settlement has no obvious deficiencies. A variety of obvious deficiencies can preclude preliminary approval, including unduly preferential treatment of class representatives or of segments of the class, or excessive compensation of attorneys. In re Vitamins Antitrust Litig., 0 WL, at * (citing Manual for Complex Litigation Third 0. ()). Courts have also denied approval because of overly broad releases. See, e.g., Custom LED, LLC v. ebay, Inc., WL, * (N.D. Cal. Aug., ) (finding release overly broad where it released all claims known or unknown regardless of whether any such claim is based on the allegations in the complaint). No such defects are present here. There is no preferential treatment of the Class Representatives. GDP Decl. at 0; MEE Decl. at. The Class Representatives Settlement Shares have been calculated in the same manner as that of other Class Members. GDP Decl. at 0. As to the Declaratory and Injunctive Relief Class, the non-monetary relief is identical for everyone. The releases here, although broad, do not extend beyond the allegations in the Complaint. See, S.A. at Moreover, as discussed below, there is no evidence that either the Class Representatives or Class Counsel are being excessively compensated through incentive payments or attorneys fees. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

34 Case :-cv-00-rbl Document Filed 0// Page of d. The proposed incentive payments are reasonable. Trial courts have discretion to approve incentive payments in class actions and do so routinely. See, Rodriquez v. W. Publ g Corp., F.d, (th Cir. 0). Here, the Parties have agreed that Plaintiffs may ask the Court to award incentive payments for the three Class Representatives, provided no individual incentive payment exceeds $, S.A. at.. This is not a case where there was an incentive agreement or where the award of any incentive payment has been conditioned upon the Class Representatives approving the settlement. See, GDP Decl. at. As a result, there is no reason to call into question whether the Class Representatives have adequately represented the two settlement classes. In analyzing the propriety and amount of any proposed incentive payments, courts consider a host of factors focused on the class representatives efforts on behalf of the class or classes they represent. See, e.g., Pelletz v. Weyerhaeuser Co., F. Supp. d, (W.D. Wash. 0). In a separate motion, Plaintiffs will demonstrate why the proposed payments are appropriate given the time and effort the Class Representatives expended on behalf of the class and the risk they took by initiating this action. If approved, these incentive payments will not come out of the Settlement Fund, but instead will reduce the attorneys fee award going to Class Counsel. Plaintiffs will show that the proposed incentive payments are well within the range of incentive payments approved in comparable cases. e. The attorneys fees and costs provisions are also reasonable. In a class action, courts must independently determine whether the attorneys fees and When we compare the total claims based on Plaintiffs theory of the case for the two proposed Class Representatives for the Damages Class, Ms. McCullumn and Ms. Ramey, the fact that their total claims exceed the average and median claims of other members of the Damages Class can easily be explained by the longevity of their tenancies and the fact that Ms. McCullumn had resided in a unit where she had to pay not only electricity, but also gas and garbage. She also refused to accept a March rent refund check from VHA to avoid any risk of an PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

35 Case :-cv-00-rbl Document Filed 0// Page of costs provision of a settlement, like the settlement itself, is reasonable, even if the parties have agreed to an amount. In re Bluetooth, F.d at. Recognizing this, the Parties have conditioned the award of attorneys fees and costs on the Court approving the award. S.A.at.. As a precaution, Plaintiffs and their counsel did not negotiate the terms of any attorneys fees and costs award until the Parties had reached agreement on class relief. GDP Decl. at. VHA acquiesced in this approach. Id. Although such an approach helps mitigate conflicts of interest, it is not, alone, dispositive. In re Bluetooth, F.d at. This Court must examine the fee provision in light of the rest of the Settlement Agreement to ascertain whether there is any evidence of collusion and whether the settlement is fair, adequate, and reasonable. In the present case, the Court will have an opportunity to consider Plaintiffs motion for attorneys fees and costs after notice is given to Class Members and they have had an opportunity to object to the settlement or respond specifically to Class Counsel s request for fees. Where, as here, the settlement produces a common fund for the benefit of the entire class, this Court has discretion when reviewing a fee award to employ either the lodestar method or the percentage-of-recovery method in determining the reasonableness of the fees. In re Bluetooth, F.d at -. Regardless of which method is used, this Court should have little difficulty finding that the fee award is reasonable. Plaintiffs will show that the proposed fee award of $0,000 represents approximately a quarter of the actual hours that will have reasonably expended on this matter. GDP Decl. at. They will also show, using the percentage-of-recovery method, that the proposed fee award is well under % of the fund, which is the benchmark for a reasonable accord and satisfaction defense. See GDP Decl. at 0; Declarations of McCullumn. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] (0) -0 / (0) - (fax) -000/LEGAL000.

36 Case :-cv-00-rbl Document Filed 0// Page of fee award, absent special circumstances justifying a departure from this figure. In re Bluetooth, F.d at. GDP Decl. at (showing proposed fee award here is approximately.% of the combined Settlement Fund and the proposed attorneys fees and costs). Most importantly, there are no signs of any collusion. Plaintiffs counsel will not receive a disproportionate distribution of the settlement. While the Settlement Agreement does include a clear sailing provision and may allow funds to revert to VHA if Plaintiffs fee request is not granted in full, this is not a case where the class receives no monetary distribution but class counsel are amply awarded. See In re Bluetooth, F.d at -. Here, the fees to be sought are reasonable, fair, and proportional. f. VHA s participation in negotiating and HUD s approval of the Settlement Agreement weigh heavily in favor of its reasonableness. As noted above, the presence of a governmental participant is one of the Churchill factors that a Court may consider in determining whether to approve a proposed settlement as fair, adequate and reasonable under Rule (e). See supra at. VHA is a public body corporate and politic, exercising public and essential government functions. RCW..00. Its mission is to provide housing for persons of low income. Id. The fact that VHA as a governmental participant has entered into the proposed Settlement Agreement is a factor demonstrating its reasonableness. More importantly, HUD has approved the proposed settlement after a lengthy review process. GDP Decl. at,. The fact that HUD is the federal agency charged with oversight of the nation s federal housing programs, including the Public Housing program, weighs heavily in favor of preliminary approval of the settlement agreement. See, U.S.C.. PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

37 Case :-cv-00-rbl Document Filed 0// Page of C. The Proposed Notice to the Settlement Class Should Be Approved. The Notice Provides Detailed Information Regarding the Terms and Conditions of the Settlement, the Right to Object, and the Right to Opt Out of the Damages Class This Court should approve the proposed class notices Exhibit G, H, and H- because these notices provide to members of the Damages Class a clear explanation of their right to opt out and advise members of both Settlement Classes of the terms of the proposed settlement and their right to object. In so doing, these notices readily satisfy the requirements of Federal Rules of Civil Procedure (c)()(b) and Rule (e)(). In regard to Rule (c)()(b), the proposed notices are the best notice practicable. VHA will mail individual notices to all members of the Damages Class, and will obtain forwarding addresses for those who no longer reside in VHA s Public Housing. In regard to Rule (e)(), a [n]otice is satisfactory if it generally describes the terms of the settlement in sufficient detail to alert those with adverse viewpoints to investigate and to come forward and be heard. Churchill Village., LLC, F.d at (quoting Mendoza Tucson Sch. Dist. No., F.d, (th Cir. 0)). A settlement notice suffices where it apprises class members of the essential terms and conditions of the settlement in a balanced, accurate, and informative way so as to satisfy due process concerns. Rodriquez, F.d at -. The proposed notices state in plain, easily understood language: (i) the nature of the action; (ii) the definition of the classes certified; (iii) the class claims, issues, or defenses; (iv) that the Court will exclude from the Damages Class any member who requests exclusion; (v) the time and manner for requesting exclusion; (vi) that a member of either Settlement Class may object to the settlement and enter an appearance through an attorney if the member so desires; and (vii) the binding effect of a class judgment on members under Rule (c)(). See, S.A., PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

38 Case :-cv-00-rbl Document Filed 0// Page of Exhibits G, H, H-. These notices were drafted based on illustrative forms and guidance from the Federal Judicial Center. See, In drafting these notices, the Parties paid particular attention to the Judges Class Action Notice and Claims Process Checklist and Plain Language Guide ().. The Proposed Notice Also Meets Due Process Requirements Due process requires that interested parties be provided with notice reasonably calculated, under all the circumstances, to apprise [them] of the pendency of the action and afford them an opportunity to present their objections. Mullane v. Cent. Hanover Bank & Trust Co., U.S. 0, (0). To pass muster, a settlement notice must fairly apprise the class members of the terms of the proposed compromise and give class members sufficient information to decide whether they should accept the benefits offered or object to the settlement. Id. Additionally, the notice must be disseminated in a way designed to have a reasonable chance of reaching a substantial percentage of the class members. Id. at. Here, the proposed notices, Exhibits H and H-, and the method of dissemination meet each of these requirements. The first page of Exhibit H uses a logical organization and a chart to help readers understand the settlement terms, determine if they are a Class Member, and understand their options. The document also contains a table of contents and uses an easy to understand question-and-answer format to apprise Class Members of their rights and the information necessary to determine whether to accept the settlement or object. The notices provide all the information necessary for Class Members to make an informed decision whether to object to the proposed settlement. For members of the Damages Class, the notice describes the aggregate amount of the Settlement Fund and the plan for This publication is found at PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - 0 [Case No. :-cv-00] (0) -0 / (0) - (fax) -000/LEGAL000.

39 Case :-cv-00-rbl Document Filed 0// Page of allocation as required by Torrisi v. Tucson Elec. Power Co., F.d 0, - (th Cir. ) and Marshall v. Holiday Magic, Inc., 0 F.d, - (th Cir. ). Moreover, Exhibit H- apprises members of the Damages Class of their individual share of the Settlement Fund. S.A., Exhibit H-. Additionally, the proposed individual and summary notices sets forth the essential terms and conditions of the non-monetary relief for members of the Declaratory and Injunctive Relief Class. Id., Exhibits H, H-. The Settlement Agreement also provides for several notification methods to ensure that the notice reaches as many Class Members as possible. VHA will mail the notice to all Class Members. S.A. at.. VHA will also secure the forwarding address of any Class Member who has moved and r the notice when a forwarding address is available. Id. at.-.. VHA will publish the Summary Notice in their Resident Newsletter and in the local paper, The Columbian. Id. at. Finally, VHA and Class Counsel will post the Notice of Proposed Class Action Settlement and Settlement Agreement and Right to Opt Out on their websites. Id. at.. The content and method of dissemination of the proposed notices fully comports with the requirements of due process and applicable case law. The Court should thus approve the notices and direct the Parties to distribute the notices per the terms of the Settlement Agreement. D. The Fairness Hearing, Deadlines, Procedures and Briefing Schedule Plaintiffs also request the Court approve the procedures and deadlines set forth in the Settlement Agreement for Damages Class Members to opt out or exclude themselves from the Damages Class, for Class Members to object to the settlement, and for appearances at the Fairness Hearing. The Parties also respectfully ask that the Court schedule a Fairness Hearing, and propose the following sequence of events, deadlines, and briefing schedule: PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

40 Case :-cv-00-rbl Document Filed 0// Page 0 of Event. Deadline for mailing Notice of Proposed Class Action Settlement and Right to Opt Out and publication of Summary Notice. Deadline for Class Counsel to file petition for award of attorneys fees, costs, and incentive payments to Class Representatives Timing or Deadline Not later than thirty Days after Preliminary Approval Order entered Not later than sixty Days before the Fairness Hearing. Deadline for Class Members to opt out of Damages Class Not later than thirty Days before the Fairness Hearing. Deadline for filing objections Not later than thirty Days before the Fairness Hearing. Deadline for responses to Class Counsel s petition for award of attorneys fees, costs, and incentive payments to Class Representatives. Deadline for Class Counsel to file a reply in support of Class Counsel s petition for award of attorneys fees, costs, and incentive payments to Class Representatives. Deadline for Class Counsel to file their motion for final approval and reply to any objections or opposition memorandum filed by any objector Not later than thirty Days before the Fairness Hearing Not later than seven Days before the Fairness Hearing Not later than seven Days before the Fairness Hearing. Fairness Hearing At least ninety Days after Preliminary Approval Order signed and entered V. CONCLUSION For the foregoing reasons, Plaintiffs respectfully request that the Court enter the proposed Preliminary Approval Order agreed to by the Parties as Exhibit A to the Settlement Agreement. RESPECTFULLY SUBMITTED on March,. COLUMBIA LEGAL SERVICES _s/ Gregory D. Provenzano PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. Gregory, D. Provenzano, WSBA # Merf Ehman, WSBA # (0) -0 / (0) - (fax)

41 Case :-cv-00-rbl Document Filed 0// Page of PERKINS COIE LLP s/ Brendan Peters Brendan Peters, WSBA No. 0 Kaustuv M. Das, WSBA No. ATTORNEYS FOR PLAINTIFFS PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

42 Case :-cv-00-rbl Document Filed 0// Page of CERTIFICATE OF SERVICE I certify, under penalty of perjury under the laws of the United States of America that on March,, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to counsel on the Electronic Mail Notice List as shown below. Electronic Mail Notice List The following are those who are currently on the list to receive notices for this case: Adrian Urquhart Winder Foster Pepper PLLC Third Avenue, Suite 00 Seattle, Washington Manual Notice List None. DATED: March,, at Olympia, Washington. s/gregory D. Provenzano Gregory D. Provenzano PLAINTIFFS STIPULATED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT - [Case No. :-cv-00] -000/LEGAL000. (0) -0 / (0) - (fax)

43 Case :-cv-00-rbl Document - Filed 0// Page of EXHIBIT Settlement Agreement

44 Case :-cv-00-rbl Document - Filed 0// Page of THE HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ANNIE McCULLUMN, NANCY RAMEY and TAMI ROMERO, on behalf of themselves and all others similarly situated, vs. SETTLEMENT AGREEMENT [Case No. :-cv-00-rbl] Plaintiffs, VANCOUVER HOUSING AUTHORITY, Defendant. CLASS ACTION No. Case No. :-cv-00-rbl SETTLEMENT AGREEMENT (0) -0 (0) - (fax)

45 Case :-cv-00-rbl Document - Filed 0// Page of TABLE OF CONTENTS. DEFINITIONS.... THE SETTLEMENT CLASSES.... RELIEF..... Monetary Relief for Damage Class Members Who Do Not Opt Out Settlement Fund Basis for Settlement Payments to Members of the Damages Class Calculation of Each Damages Class Member s Share of the Settlement Fund Settlement Shares Setoffs for Unpaid Rent or Other Charges Due Under Lease Notice of Right to Class Action Settlement Payment..... Appeals Process for Determination of Settlement Payment Right to Appeal Appeal Form Resolution of Appeal by Settlement Resolution of Appeal by Court..... Disbursement of Settlement Funds by Check..... No Recoupment or Recovery of Previous Rent Refunds..... Unclaimed Funds..... Certification of Compliance with Monetary Relief Provisions of Settlement..... Non-Monetary Relief Notification of Changes in Public Housing and Covered Housing Inventory Annual Review Revisions as a Result of Rate Changes Between Annual Reviews Sixty (0) Days Notice and Comment Period before Certain Revisions Recordkeeping and Inspection Individual Relief Lease Provisions Notice of Final Settlement... SETTLEMENT AGREEMENT - i (0) -0 (0) - (fax)

46 Case :-cv-00-rbl Document - Filed 0// Page of... Annual Compliance Reports Duration of Non-Monetary Relief..... Class Counsel Fees, Costs, and Incentive Payments..... Total VHA Liability...0. HUD APPROVAL...0. FILING OF ACTION AND WAIVER OF SERVICE...0. MOTION FOR CERTIFICATION, PRELIMINARY & FINAL APPROVAL.... NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND RIGHT TO OPT OUT.... RIGHT TO OPT OUT OF DAMAGES CLASS.... OBJECTIONS.... NO ADMISSION OF WRONGDOING.... ONGOING JURISDICTION, DISPUTE RESOLUTION, AND ENFORCEMENT OF SETTLEMENT AGREEMENT AND FINAL ORDER AND JUDGMENT.... TERMINATION OF THIS AGREEMENT.... PUBLICITY.... MISCELLANEOUS... Exhibit A: Preliminary Approval Order Exhibit B: Final Order and Judgment Exhibit C: Public Housing Owned Between April, 0 and April 0, Exhibit D: Public Housing and Covered Housing Inventory Exhibit E: Damages Class Members Exhibit F: Settlement Shares, Proposed Setoffs, and Settlement Payments Exhibit G: Summary Notice Exhibit H: Notice of Proposed Class Action Settlement and Right to Opt Out Exhibit H-: Standardized Cover Letter to Exhibit H Exhibit I: Notice of Final Settlement Exhibit J: Notice of Right to Class Action Settlement Payment Exhibit K: Appeal Form Exhibit L: Meeting Report Exhibit M: Appeal Form for Resolution by Court Exhibit N: Termination Letter SETTLEMENT AGREEMENT - ii (0) -0 (0) - (fax)

47 Case :-cv-00-rbl Document - Filed 0// Page of WHEREAS, the Vancouver Housing Authority ( VHA ) is a public body corporate and politic organized under the laws of the State of Washington, including Chapter. RCW, for the purpose of providing safe and sanitary dwelling accommodations to persons of low income in Clark County, Washington, the actions of which are taken under color of state law; WHEREAS, Plaintiffs Annie McCullumn, Nancy Ramey, and Tami Romero ( Plaintiffs ) are tenants who formerly resided in or currently reside in Public Housing owned and managed by VHA and assisted by the United States Department of Housing and Urban Development ( HUD ) under the Housing Act of ; WHEREAS, Plaintiffs have asserted claims against VHA, on behalf of themselves and two classes of similarly situated individuals, alleging that VHA failed to properly establish and adjust its Public Housing utility allowances as required by C.F.R. Part, Subpart E and that, as a result, they and members of the two classes they seek to represent paid or may pay more rent than permitted by U.S.C. a and HUD s implementing regulations; WHEREAS, Plaintiffs seek class-wide restitution of the excess rents they and certain Class Members previously paid, together with prejudgment interest, as well as class-wide declaratory and injunctive relief, reasonable attorneys fees, and costs; WHEREAS, Plaintiffs notified VHA that they intended to bring a class action lawsuit against it unless VHA agreed to discuss the merits and possible resolution of these claims, responded to their request for public records, shared all information they needed to fully investigate and resolve these claims, and executed an agreement tolling all applicable statutes of limitations; WHEREAS, the Parties subsequently entered into a tolling agreement, exchanged information, and engaged in protracted, arm s-length negotiations, including a full day of mediation before the Honorable Terrence Carroll, former King County Superior Court Judge; SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

48 Case :-cv-00-rbl Document - Filed 0// Page of

49 Case :-cv-00-rbl Document - Filed 0// Page of settlement and directing the implementation of the terms and conditions of this Agreement, the Action shall be settled and compromised upon the terms and conditions set forth below. All claims and causes of action asserted in this Action on behalf of the Plaintiffs and Class Members for damages, including but not limited to consequential damages, losses or costs, compensatory damages, attorneys fees and costs, and all claims and causes of action asserted in this Action for declaratory relief or injunctive relief, or that could have been asserted, shall be resolved and dismissed with prejudice. Plaintiffs and Class Members are forever foreclosed from pursuing any of the Settled Claims, as defined below, except where a member of the Damages Class has exercised his or her right to opt out or request exclusion from this lawsuit or where a Class Member seeks to enforce the terms and conditions of this Agreement.. DEFINITIONS.. Action means the above-captioned action, McCullumn et al. v. Vancouver Housing Authority, to be filed in the United States District Court for the Western District of Washington at Tacoma... Admission and Continued Occupancy Policy or ACOP means the document required by HUD that establishes policies for VHA s Public Housing program... Agreement or Settlement Agreement means this Settlement Agreement, including all Exhibits... Appeal Form means the form that any member of the Damages Class must complete and deliver to VHA to appeal the Notice of Right to Class Action Settlement Payment as provided in Subsection., which form has been agreed to by the Parties and is attached hereto as Exhibit K... Class Counsel means the attorneys or law firm appointed by the Court to represent the Settlement Classes under Rule (g). SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

50 Case :-cv-00-rbl Document - Filed 0// Page of.. Class Member means a member of one of the Settlement Classes certified solely for settlement purposes by the Court under Rule (c)... Class Representatives means those Plaintiffs appointed by the Court under Rule (c) to represent the Settlement Classes... Court means the district judge and/or magistrate judge of the United States District Court for the Western District of Washington at Tacoma assigned to this Action... Covered Housing means those Public Housing projects and units owned by VHA between April, 0 and April 0, which have been removed or will be removed from the Public Housing program through the HUD Rental Assistance Demonstration Program, a voluntary disposition, or other action, where the tenants living in the units when this occurs continue to reside in these units with project-based vouchers. These units shall only be considered Covered Housing so long as the tenants residing in these units at the time of removal from the Public Housing program continue to reside there. Exhibit D lists those units that the Parties consider to be Covered Housing at the time the Settlement Agreement is filed with the Court... Day or Days means calendar days... Damages Class means the proposed Settlement Class that will be certified solely for settlement purposes under Rule (b)() and that is defined in Subsection.. Any member of the Damages Class may opt out or request exclusion from the Damages Class under Rule (c)()(b) as provided in Section... Declaratory and Injunctive Relief Class means the proposed Settlement Class that will be certified solely for settlement purposes under Rule (b)() and that is defined in Subsection.. Members of the Declaratory and Injunctive Relief Class have no right to opt out or request exclusion SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

51 Case :-cv-00-rbl Document - Filed 0// Page of from this lawsuit. If this Settlement Agreement is approved by the Court, members of the Declaratory and Injunctive Relief Class shall be bound by all terms of this Agreement insofar as it relates to declaratory and injunctive relief, release of all Settled Claims, costs and attorneys fees, and by all proceedings, orders, and judgments in the Action... Effective Date means the date on which the Court s Final Order and Judgment becomes final, which shall occur on the later of the following: (a) if no appeal or other reconsideration or review of the Final Order and Judgment is sought by any person or entity, the Effective Date shall be the thirty-first (st) Day after the Final Order and Judgment is entered by the Court, or (b) if a motion for reconsideration, an appeal, a motion for discretionary review, review by writ of certiorari, or any other form of review or reconsideration of the Final Order and Judgment is filed by any person or entity, the Effective Date shall be the day after (i) the Final Order and Judgment is affirmed or the appeal or other action seeking review of that order is dismissed or denied, and (ii) the Final Order and Judgment is no longer subject to further judicial review... Fairness Hearing means the settlement approval hearing to be conducted by the Court in connection with the final determination that this Agreement is fair, reasonable, and adequate, that the proposed Settlement Classes should be certified for purposes of effectuating the settlement, and that this Agreement is in the best interests of the Settlement Classes... Final Order and Judgment means the Court s order certifying the proposed Settlement Classes solely for purposes of settlement, approving this Agreement as fair, reasonable, and adequate, and in the best interests of the Settlement Classes as a whole, and making such other findings and determinations as the Court deems necessary and appropriate to effectuate the terms of this Agreement, SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

52 Case :-cv-00-rbl Document - Filed 0// Page of without modifying any of the terms of this Agreement, in a form agreed to by the Parties and substantially in the form attached hereto as Exhibit B... HUD means the United States Department of Housing and Urban Development... HUD Regulations means the federal regulations promulgated by HUD under C.F.R. Title... Notice of Final Settlement means the notice that VHA will send to members of the Declaratory and Injunctive Relief Class after the Effective Date, and otherwise distribute or post as required by this Agreement, notifying them of the prospective, non-monetary relief agreed to by the Parties, which notice shall be substantially in the form attached hereto as Exhibit I... Notice of Proposed Class Action Settlement and Right to Opt Out means the notice of pendency of class action, proposed settlement, and hearing that will explain the terms of this Agreement, inform members of the Damages Class of their right to opt out or exclude themselves from the Damages Class and of the time and manner for requesting exclusion, explain that Class Members have a right to object to the terms of this Agreement prior to final approval by the Court, and notify Class Members that they will receive further information about their rights under the settlement, if the settlement is approved, which notice shall be in a form agreed to by the Parties and substantially in the form attached hereto as Exhibit H... Notice of Right to Class Action Settlement Payment means the notice that VHA will send to members of the Damages Class after the Effective Date notifying them of their right, if any, to a Settlement Share and Settlement Payment (as defined below) and the steps they must take should they wish to appeal the calculation or amount of their Settlement Share or Settlement Payment as provided in SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

53 Case :-cv-00-rbl Document - Filed 0// Page of Subsection., which notice shall be in a form agreed to by the Parties and substantially in the form attached hereto as Exhibit J... Party or Parties means Plaintiffs, Class Members, and VHA, or each of them... Plaintiffs means Annie McCullumn, Nancy Ramey, and Tami Romero... Plaintiffs Counsel means and Perkins Coie LLP... Preliminary Approval Order means the Court s order provisionally certifying the proposed Settlement Classes solely for purposes of effectuating the settlement and for granting preliminary approval of this Agreement; approving the Notice of Proposed Class Action Settlement and Right to Opt Out, the Summary Notice, and the manner of providing notice of the proposed settlement and right to opt out or object; scheduling the Fairness Hearing; setting the procedures and deadlines for opting out, objecting to this Settlement Agreement, and appearing at the Fairness Hearing; and setting forth a schedule for briefing the fairness and adequacy of the settlement and the reasonableness of any award of attorneys fees and costs, including Class Representative incentive payments, which order shall be in a form agreed to by the Parties and substantially in the form attached as Exhibit A... Public Housing means all projects and units owned by VHA that are assisted under the Housing Act of other than under Section of the Act, and governed by C.F.R. Part, Subpart E... Public Housing Grievance Procedure means the informal meeting and administrative hearing procedure that is required by U.S.C. d(k) and C.F.R. Part, Subpart B, and that VHA has adopted to resolve grievances with its Public Housing residents as set forth in its Admission and Continued Occupancy Policy or ACOP. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

54 Case :-cv-00-rbl Document - Filed 0// Page of.. Released Parties means VHA and its successors, assigns, predecessors, parents, subsidiaries, divisions, departments, or affiliates; any of its past or present partners, agents, servants, subrogees, insurers, employees, board members, or representatives; and the respective marital communities of any natural persons encompassed by the foregoing definition... Releasing Parties means Annie McCullumn, Nancy Ramey, Tami Romero, and Class Members, and their respective marital communities, heirs, administrators, devisees, predecessors, successors, attorneys, representatives, subrogees, assignees, or insurers... Settled Claims means:... for Plaintiffs, any claim, liability, right, demand, suit, matter, obligation, damage, including consequential damages, losses or costs, compensatory damages, punitive damages, injunctive relief, declaratory relief, attorneys fees and costs, action or cause of action, of every kind and description that Plaintiffs had, or may have, against the Released Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, accrued or that may thereafter accrue, regardless of legal theory and the type of relief claimed, that regard, arise out of, or relate to facts giving rise to the subject matter of the Action or VHA s defense of the Action;... for the Damages Class, exclusive of any member of the Damages Class who opts out or excludes himself or herself from this lawsuit pursuant to Rule (c)()(b), any claim, liability, right, demand, suit, matter, obligation, damage, including consequential damages, losses or costs, compensatory damages, punitive damages, injunctive relief, declaratory relief, attorneys fees and costs, action or cause of action, of every kind and description that any member of the Damages Class had, or may have, against the Released Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, accrued or that may thereafter accrue, regardless of legal theory and the type of SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

55 Case :-cv-00-rbl Document - Filed 0// Page of relief claimed, that regard, arise out of, or relate to facts giving rise to the subject matter of the Action or VHA s defense of the Action;... for the Declaratory and Injunctive Relief Class, any claim, liability, right, demand, suit, matter, obligation, injunctive relief, declaratory relief, attorneys fees and costs, action or cause of action, of every kind and description that the Declaratory and Injunctive Relief Class or any member of the Declaratory and Injunctive Relief Class had, or may have, against the Released Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, accrued or that may thereafter accrue, regardless of legal theory and the type of relief claimed, that regard, arise out of, or relate to facts giving rise to the subject matter of the Action or VHA s defense of the Action. As used in Subsection., a claim, liability, right, demand, suit, matter, obligation, damage, including consequential damages, losses or costs, compensatory damages, punitive damages, injunctive relief, declaratory relief, attorneys fees and costs, action or cause of action, is unknown if the Releasing Parties do not know of or suspect it to exist in their favor at the time of the release of the Released Parties, including but not limited to those that, if known by the Releasing Parties, might have affected their assent to this Agreement..0. Settlement Agreement or Agreement means this Settlement Agreement... Settlement Classes mean the two proposed classes, including the Damages Class and the Declaratory and Injunctive Relief Class further described in Section... Settlement Fund shall have the meaning given that term in Subsection..... Settlement Payment refers to the remaining portion of a Class Member s share of the Settlement Fund that will be disbursed by check to the Class Member after VHA has set off any debt owed to VHA by the Class Member in accordance with the provisions of this Settlement Agreement. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

56 Case :-cv-00-rbl Document - Filed 0// Page of.. Settlement Share shall have the meaning given that term in Subsection..... Summary Notice means a summary of the Notice of Proposed Class Action Settlement and Right to Opt Out that is suitable for publication in VHA s Resident Newsletter and The Columbian newspaper and that is in a form agreed to by the Parties and substantially in the form attached hereto as Exhibit G... Vancouver Housing Authority or VHA means the Housing Authority of the City of Vancouver and its successors or assigns... VHA s Counsel means Foster Pepper PLLC.. THE SETTLEMENT CLASSES.. For purposes of settlement only, the Parties stipulate to a Damages Class under Rule (b)() and to a Declaratory and Injunctive Relief Class under Rule (b)()... The Damages Class shall consist of all adult heads of household who (a) executed a lease and resided in Public Housing owned by VHA between April, 0, and April 0, ; (b) paid an income-based or minimum rent; and (c) were responsible for tenant-paid utilities. The Damages Class consists of households; the identities of members of the Damages Class are known and are listed on Exhibit E. To help protect the privacy of Class Members, counsel for the Parties will not file Exhibit E in the court record, post or publish a copy, or otherwise make Exhibit E publicly available, unless the Court orders otherwise. A list of Public Housing owned by VHA between April, 0, and April 0,, where tenants paid an income-based or minimum rent and were responsible for tenant-paid utilities is attached as Exhibit C... The Declaratory and Injunctive Relief Class shall consist of all adult heads of household who (a) executed a lease and currently reside in Public Housing or Covered Housing owned by VHA at SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

57 Case :-cv-00-rbl Document - Filed 0// Page of the time the Final Judgment and Order is entered, or who will execute a lease and reside in Public Housing when the non-monetary relief provisions in Subsection. remain in effect; (b) pay or will pay an income-based or minimum rent; and (c) are or will be responsible for tenant-paid utilities... If the Court does not approve this Agreement or does not enter a Final Order and Judgment or if the Effective Date does not occur for any reason, or if this Agreement is otherwise terminated, VHA has not, by entering into this Agreement, either waived or forfeited its right to oppose, on any basis and for any reason, certification of any of the putative classes identified in Plaintiffs Complaint, or waived or forfeited its right to assert that issues outside the context of settlement would preclude class certification.. RELIEF In exchange for the release by the Releasing Parties of all Settled Claims, the Parties agree as follows:.. Monetary Relief for Damage Class Members Who Do Not Opt Out.... Settlement Fund. VHA agrees to pay a settlement amount of $,.0 ( Settlement Fund ) from which it shall disburse Settlement Payments by check to members of the Damages Class and offset debts owed to VHA by members of the Damages Class in accordance with the provisions of this Settlement Agreement.... Basis for Settlement Payments to Members of the Damages Class. Plaintiffs have alleged that VHA failed to establish, review, and adjust its Public Housing utility allowances as required by HUD Regulations, including C.F.R..0(c) and C.F.R..0. Plaintiffs claim that as a result of this failure they and members of the Damages Class have paid more rent than permitted by U.S.C. a. Plaintiffs have asserted a federal claim under U.S.C. and a SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

58 Case :-cv-00-rbl Document - Filed 0// Page of state breach of contract claim, seeking restitution of the excess rents they and Damages Class Members paid, together with prejudgment interest. In January and February, VHA sent rent refund checks to certain members of the proposed Damages Class after learning that had advised VHA s Public Housing residents that they might have paid more rent than permitted by federal law. On behalf of clients who believed these refunds were inadequate, served VHA with notice of Columbia Legal Services intent to file a class action lawsuit unless VHA executed an agreement tolling any applicable statute of limitations, agreed to exchange certain information, and entered into negotiations to settle their clients claims. On April,, VHA executed a tolling agreement. VHA subsequently retained a utility consultant to review its Public Housing utility allowances and agreed to negotiate with Plaintiffs. Based on recommendations from its utility consultant, VHA adopted new Public Housing utility allowances effective May,. In March, VHA unilaterally sent additional refund checks to certain members of the proposed Damages Class, including with the checks a letter purporting to create an accord and satisfaction. VHA believes that the refund checks fully compensated for any alleged damages to putative class members and that no further amounts are owed. Plaintiffs claim that these additional refunds were inadequate, undercompensating some members of the Damages Class. Plaintiffs also claim that there was no valid accord and satisfaction. The Settlement Fund amount represents the Parties compromise.... Calculation of Each Damages Class Member s Share of the Settlement Fund. For each member of the Damages Class, Plaintiffs have calculated the excess rent each Class Member paid from April, 0, through April 0,, by determining the difference between the utility allowance that would have been in place had VHA adjusted its allowances annually to account for all utility rate increases and the actual utility allowances that were used to compute their rent. Plaintiffs SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

59 Case :-cv-00-rbl Document - Filed 0// Page of assert that their measure of damages is based on a plain reading of HUD regulation C.F.R..0(b) and McDowell v. Philadelphia Housing Authority, F.d, (d Cir. 0). Plaintiffs then factored in prejudgment interest based on a. percent interest rate. Although Plaintiffs believe that they should be compensated for their loss of use of these funds during the relevant time period, they recognize that their entitlement to prejudgment interest under federal or state law and the appropriate rate of prejudgment interest is uncertain. Once the alleged excess rent and prejudgment interest were determined for each Class Member, Plaintiffs subtracted the previous rent refunds that VHA made to each Class Member, if any, in the months of January, February, and March and any credits set off against debts allegedly owed VHA in March. The difference, if any, is the balance allegedly due each Class Member under Plaintiffs theory of the case. Plaintiffs then compared the total Settlement Fund of $,.0 to the total balance due all Class Members under Plaintiffs theory of the case. Plaintiffs computed this ratio to be approximately /0 (%). While VHA disputes the basis for Plaintiffs calculation of this ratio, the Parties have agreed that in settlement VHA shall disburse to each member of the Damages Class the balance due him or her under Plaintiffs theory of the case multiplied by this ratio, as his or her share of the Settlement Fund ( Settlement Share ). Funds to be paid to the Damages Class will first be set off against any debts any individual Class Member owes to VHA to calculate each Class Member s Settlement Payment, as further discussed in Subsection... The Parties recognize that not all members of the Damages Class will receive a Settlement Payment because VHA s previous rent refunds in January, February, and March, the March credits, or setoffs may exceed the excess rent and prejudgment interest allegedly due each Class Member under Plaintiffs theory of the case. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

60 Case :-cv-00-rbl Document - Filed 0// Page of... Settlement Shares. The Parties have calculated each Class Member s share of the Settlement Fund, if any, as set forth in Subsection... Each Class Member s Settlement Share in dollar amounts is shown on Exhibit F, which will control the disbursement of funds, except as provided below. To protect the privacy of members of the Damages Class, Exhibit F identifies each Class Member by a unique resident ID number rather than name or address. As described in Subsection., VHA shall disclose to each member of the Damages Class his or her Settlement Share, shall disclose any claims for unpaid rent or other charges due under the Class Member s lease that VHA plans to set off against his or her Settlement Share, and shall disclose the Class Member s Settlement Payment when notifying them of the proposed settlement.... Setoffs for Unpaid Rent or Other Charges Due Under Lease. VHA shall have the right to set off against each Class Member s Settlement Share any unpaid rent or other charges due under the Class Member s Public Housing lease. Exhibit F shows unpaid rent or other charges that VHA claims each individual Class Member owes and that it plans to set off against his or her Settlement Share, if any, as of the time the Parties executed the Settlement Agreement. The Parties agree that VHA may update Exhibit F to account for any changes to the unpaid rent or other charges that VHA plans to set off against each individual Class Member s Settlement Share before the Parties file the Settlement Agreement with the Court and ask that it be preliminarily approved. VHA shall not assert any setoff against a Class Member s Settlement Share unless the proposed setoff is shown on Exhibit F as filed with the Court and without including information concerning the setoff on the Notice of Right to Class Action Settlement Payment. VHA will release claims for unpaid rent and other charges to the extent they are offset by a Class Member s Settlement Share. For example, if a Class Member s Settlement Share was $,000, but the Class Member had unpaid rent in the amount of $,0, the Class Member s Settlement Payment would be zero, but the Class Member s total outstanding rent would be reduced to SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

61 Case :-cv-00-rbl Document - Filed 0// Page of $0. Setoff amounts are a dollar-for-dollar reduction of the Class Member s outstanding liability to VHA. Where a Class Member previously executed a written repayment agreement, VHA shall only set off those amounts past due under the repayment agreement against the Class Member s Settlement Share unless the Class Member asks VHA to credit his or her Settlement Share against the entire debt owed.... Notice of Right to Class Action Settlement Payment.... First Notice. Within thirty (0) Days of the Effective Date, VHA, at its own expense, shall mail each member of the Damages Class a Notice of Right to Class Action Settlement Payment by first-class mail to such Class Member s last known address, together with a stamped, self-addressed envelope, postage prepaid. In mailing these documents, VHA shall use its standard mailing address as the return address and indicate on the envelope that it is an official court-ordered notice, in a format agreed to by the Parties. VHA shall use a United States Postal Service ( USPS ) ADDRESS SERVICE REQUESTED ancillary service endorsement to request an addressee s new address and keep track of any change in address and whether the notice was forwarded or returned as undeliverable. The endorsement shall be placed on the envelope in accordance with USPS requirements.... Second Notice. In the event that the Notice of Right to Class Action Settlement Payment and accompanying forms mailed to a Class Member are returned as undeliverable but with a forwarding address, VHA shall mail these documents to the Damages Class Member a second time at the forwarding address, in the same manner as the first notice.... Finding Service. In the event that the first, and if mailed second, Notice of Right to Class Action Settlement Payment and accompanying forms are returned as undeliverable without a forwarding address, VHA, at its own expense, shall make a good faith attempt to find a current SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

62 Case :-cv-00-rbl Document - Filed 0// Page of address for each such Class Member. This attempt will consist of the following two steps, when necessary, using where available each Class Member s Social Security number, date of birth, or other personal identifiers in VHA s possession:... First, VHA shall attempt to locate the Class Member by ordering a partial credit report (address only) from a credit reporting agency.... Second, if ordering a partial credit report fails to locate the Class Member, VHA will undertake a one-time search through a finding program such as, but not necessarily, Accurint by LexisNexis. VHA explicitly reserves the right to use another reasonably comparable product, similar service, or effort, and will notify Class Counsel which product, similar service, or effort will be made.... Final Notice. VHA shall mail a final copy of the Notice of Right to Class Action Settlement Payment and accompanying forms to the new address found through the partial credit report or finding service, if any, in the same manner as the first and second notices. If any final notice is returned as undeliverable, VHA shall notify Class Counsel and provide them with the Class Member s name and documentation of all its efforts to locate the Class Member... Appeals Process for Determination of Settlement Payment.... Right to Appeal.... Calculation of Settlement Share. Members of the Damages Class shall have no right to contest the calculation of their Settlement Share as shown on Exhibit F, except in those instances where a Class Member can show there was a material mistake in VHA s records pertaining to the dates and duration of his or her tenancy, the unit he or she rented, the amount of any refunds made in January, February, or March, or the amount of any credits set off against debts SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

63 Case :-cv-00-rbl Document - Filed 0// Page of allegedly owed VHA in March that were relied on in calculating the Class Member s Settlement Share.... Setoffs. Members of the Damages Class shall have the right to contest any debts shown on the Notice of Right to Class Action Settlement Payment that VHA previously set off against the Class Member s March refund or plans to set off against his or her Settlement Share, except where the debt has been reduced to a judgment, where the validity of the debt was previously decided by a hearing officer following a hearing under VHA s Public Housing Grievance Procedure, or where the Class Member previously executed a written repayment agreement acknowledging the debt.... Mathematical Errors. A member of the Damages Class shall have the right to contest any mathematical error made in determining the Class Member s Settlement Payment.... Appeal Form. Class Members who wish to contest the calculation of their Settlement Share, any setoff, or the calculation of their Settlement Payment shall complete and deliver to VHA an Appeal Form, either by mail, fax, or some other form of delivery within thirty (0) Days from the postmarked date of the Notice of Right to Class Action Settlement Payment. If a Class Member does not deliver the Appeal Form within this 0-Day period, the Class Member has waived whatever right he or she may have had to appeal the Notice of Right to Class Action Settlement Payment. VHA shall provide copies of all Appeal Forms received from Class Members to Class Counsel within seven () Days of their receipt.... Resolution of Appeal by Settlement. VHA and any Class Member who appeals shall first attempt to resolve the appeal informally through the settlement process described in this Subsection. A Class Member shall have the right to be represented during this settlement process by SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

64 Case :-cv-00-rbl Document - Filed 0// Page of counsel or other person chosen as the Class Member s representative, and to have such person make statements on the Class Member s behalf.... Scheduling of Settlement Meeting. Within ten () business days of receiving a timely filed Appeal Form, VHA will schedule a meeting between a VHA-designated staff member(s) and the appealing Class Member for the purpose of resolving the appeal. VHA shall confirm the date and time of such meeting in writing to the Class Member, if any, and provide a copy to Class Counsel at the same time. The meeting shall be scheduled for a time and place reasonably convenient to both the Class Member and VHA. VHA will allow those Class Members who no longer reside in Clark County, Washington, to participate in a meeting by telephone. VHA shall make a reasonable effort to schedule all meetings within thirty (0) Days of receipt of the Appeal Form. A Class Member may request to reschedule a meeting for good cause, or if it is needed as a reasonable accommodation for a person with disabilities. Good cause is defined as an unavoidable conflict that affects the health, safety, or welfare of the family. A request to reschedule a meeting must be made orally or in writing prior to the meeting date.... Right to Examine Documents. Before the scheduled meeting a Class Member or his or her representative shall be given an opportunity to examine any VHA documents directly relevant to the appeal. The Class Member shall be allowed to copy any such document at the Class Member s expense. If VHA does not make a document available upon request by the Class Member before the scheduled meeting, VHA may not rely on such document during the meeting or any subsequent appeal.... Meeting Report. At the conclusion of the settlement meeting, VHA shall document the meeting using substantially the form attached as Exhibit L, which will be signed by a SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

65 Case :-cv-00-rbl Document - Filed 0// Page of representative of VHA and the appealing Class Member. A copy of the meeting report shall be given to the Class Member and his or her representative, if any. If a settlement is reached at the meeting, it will be reflected in the meeting report, and the appeal is terminated. If the meeting did not resolve the appeal, the meeting report will state that the appeal has not been resolved and that the Class Member s sole remedy is to submit the appeal for determination by the Court, as described in Subsection... VHA shall provide copies of any meeting reports to Class Counsel within seven () Days of the meeting.... Termination of Appeal for Failure to Participate. If a Class Member fails to appear for a meeting at the scheduled or rescheduled time, or the Class Member fails to respond to VHA s attempts to schedule a meeting during the thirty (0) Days after the Appeal Form is received, the Class Member s appeal shall terminate. Within seven () Days of such termination, VHA shall mail a letter, in the form of attached Exhibit N, to the Class Member documenting the reason the appeal was terminated and stating that the Class Member s sole remedy is to submit the appeal for determination by the Court, as described in Subsection... and... VHA shall provide copies of all letters terminating appeals to Class Counsel within seven () Days of mailing to the Class Member.... Resolution of Appeal by Court.... If the settlement process set forth in Subsection.. does not resolve the Class Member s appeal, the Class Member may submit the appeal for determination by the Court or magistrate judge designated by the Court to handle such appeals. To minimize the burden on Class Members, many of whom reside in Clark County, Washington, the Court will allow parties to participate in the hearing by telephone, if requested. A Class Member shall perfect the appeal by delivering the form attached hereto as Exhibit M to the Court and to VHA within thirty (0) Days of the date of the meeting report described in Subsection... or the termination letter described in Subsection... SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

66 Case :-cv-00-rbl Document - Filed 0// Page of This time period is mandatory and shall not be extended. If a Class Member does not perfect the appeal within this 0-Day period, the Class Member has waived whatever right he or she may have had to seek a judicial resolution of the appeal and shall be entitled only to the Settlement Share and Settlement Payment, if any, identified in Exhibit F. VHA shall provide copies of any Exhibit M appeal forms received from Class Members to Class Counsel within seven () Days of their receipt.... All Class Members must attempt to settle their appeal informally as provided in Subsection.. as a condition precedent to a hearing before the Court. If the Class Member shows good cause why the Class Member failed to appear for a meeting or rescheduled meeting or why the Class Member failed to respond to VHA s attempts to schedule a meeting, the Court may waive the requirements of Subsection.. and consider the appeal.... In advance of the hearing, VHA will compile a hearing packet containing all documents and the names of any witnesses that VHA intends to present at the hearing. VHA shall provide the hearing packet to the appealing Class Member and to the Court at least fourteen () Days before the hearing. The appealing Class Member must provide VHA and the Court with the identities of any witnesses he or she intends to present (other than the appealing Class Member) at least seven () Days before the hearing. Any witnesses not timely identified by either party shall not be allowed to provide testimony or evidence at the hearing. VHA may not rely on any documents at the hearing not included in its hearing packet. There will be no formal discovery, except upon application to the Court.... The Court s decision shall be based solely and exclusively upon the facts presented at the hearing. Oral or documentary evidence pertinent to the facts and issues raised by the appeal may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. To afford Class Members a fair hearing, Class Members shall have the right to present SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

67 Case :-cv-00-rbl Document - Filed 0// Page of evidence and arguments in support of his or her appeal, to controvert evidence relied on by VHA, and to confront and cross-examine all witnesses upon whose testimony or information VHA relies. The burden is on the Class Member to show that there was a material mistake in VHA s records or that there was a mathematical error in determining the Class Member s Settlement Share or Settlement Payment as set forth in Subsections... or... The burden is on VHA to establish any debts that it previously set off or plans to set off against a Class Member s Settlement Share in an appeal brought pursuant to Subsection... The Court shall resolve all factual determinations based on a preponderance of the evidence.... The Court s determination of the appeal shall be final and binding on all parties. There shall be no further right to appeal... Disbursement of Settlement Funds by Check.... In the absence of an appeal under Subsection., VHA shall disburse the applicable Settlement Payment as listed on Exhibit F to members of the Damages Class by mailing a check to each Class Member s last known address within sixty (0) Days of its mailing of the Notice of Right to Class Action Settlement Payment. In the event that a Class Member submits an Appeal Form within the 0-Day period set forth above, VHA shall disburse any Settlement Payment owed to a member of the Damages Class within fifteen () Days of any settlement of the appeal or, if applicable, within thirty (0) Days of the final determination by the Court. In the case of a termination letter pursuant to Subsection..., VHA shall issue the applicable Settlement Payment as listed on Exhibit F to the Class Member within fifteen () Days after the time for appealing that termination letter has expired under Subsection... If the Class Member appeals under Subsection..., VHA shall disburse the appropriate Settlement Payment within thirty (0) Days of the final SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

68 Case :-cv-00-rbl Document - Filed 0// Page of determination by the Court. VHA shall not disburse a Settlement Payment by check to any Damages Class member whose Notice of Right to Class Action Settlement Payment was returned as undeliverable, without any forwarding address, unless it was able to subsequently locate the Damages Class member.... All checks will be made payable to the person who was listed on the Public Housing lease or related VHA documents as head of household. Where more than one person was listed on the Public Housing lease or related VHA documents as head of household or co-heads of household, VHA shall make the check payable jointly to all those so listed. If VHA learns that the head of household and co-head of household have divorced and is asked to stop payment and reissue the check solely in the name of only one head of household, it will abide by any property disposition made by a court. If there is no such property disposition, VHA will abide by whatever agreement the head of household and co-head of household have reached. If there is no agreement, VHA shall stop payment on the original check and disburse half the Settlement Payment by check to each co-head of household unless one of them objects in writing and agrees to seek a court order dividing the property otherwise. In that case, VHA shall hold the Settlement Payment until the head of household and co-head of household have secured a court order providing for the disposition of these funds.... In the event that VHA learns that a member of the Damages Class has died, VHA shall disburse his or her Settlement Payment to the estate, heirs, or successors of the decedent as required by Washington law, including the Small Estates affidavit process of Chapter. RCW.... The Parties agree that any payments under this Settlement Agreement do not constitute income as defined in C.F.R..0 and shall not be considered by VHA when determining any Class Member s income-based rent. The Parties agree that all payments made under SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

69 Case :-cv-00-rbl Document - Filed 0// Page of this Settlement Agreement are best characterized as a refund of rents previously paid in excess of that allowed by federal law and shall not be reported to the IRS by VHA as income... No Recoupment or Recovery of Previous Rent Refunds.... VHA acknowledges that under HUD guidance and its Admission and Continued Occupancy Policy, the agency cannot require a family to repay an underpayment of rent caused by VHA staff.... As further consideration for this Settlement Agreement, VHA agrees that it shall not recoup or seek to recover any of the rent refund payments it made to members of the Damages Class in January, February, or March, even though these payments may have exceeded any individual Class Member s Settlement Share... Unclaimed Funds. Any share of the Settlement Fund that would have gone to an individual who opted out of the Damages Class shall revert to VHA. All funds remaining in the Settlement Fund thirty-six () months after the Effective Date because VHA has not been able to locate a Damages Class member or because a Damages Class member has not negotiated a check disbursing a Settlement Payment, shall be considered abandoned property belonging to such Class Member, which shall be handled in accordance with the provisions of Chapter. RCW, the Uniform Unclaimed Property Act... Certification of Compliance with Monetary Relief Provisions of Settlement Agreement. Within one hundred fifty (0) Days of the Effective Date, VHA shall file and serve a report or declaration certifying that it has complied with all the provisions of Subsection. through. of this Settlement Agreement and provide an accounting of all Settlement Payments. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

70 Case :-cv-00-rbl Document - Filed 0// Page of.. Non-Monetary Relief. The following non-monetary relief provisions shall be set forth in the Final Order and Judgment. The non-monetary relief shall apply to both Public Housing and Covered Housing, unless only one is specified, and shall be enforceable by any member of the Declaratory and Injunctive Relief Class. The non-monetary relief is modeled in part on applicable HUD Regulations in effect at the time of execution of this Settlement Agreement. If HUD Regulations are later amended such that they become inconsistent with this relief, VHA shall have the right to seek modification of the non-monetary relief provisions from the Court as appropriate.... Notification of Changes in Public Housing and Covered Housing Inventory. VHA shall notify Class Counsel of any projects or units that it removes from its Public Housing inventory after the Effective Date within fifteen () Days of such occurrence and state whether or not these units should be considered Covered Housing. VHA shall also post a revised Exhibit D on its website on or before the first day of January, April, July, and October of each calendar year listing all those units that remain Covered Housing under the Settlement Agreement and Final Order and Judgment.... Annual Review. VHA shall review at least annually its Public Housing and Covered Housing utility allowances, taking into consideration any changes in applicable utility rates as well as other relevant factors set forth in applicable HUD Regulations. VHA shall revise these allowances as reasonably required to adhere to the standards set forth in applicable HUD Regulations. As part of its annual review, VHA agrees to adjust these utility allowances to account for all utility rate changes that have occurred since its last utility allowance adjustment. VHA shall post a certification on its website whenever it reviews these utility allowances as required by this Subsection. The certification shall state when the review was completed and what action VHA took as a result of the review, SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

71 Case :-cv-00-rbl Document - Filed 0// Page of including any revisions to these utility allowances and when such revisions shall take effect, and it shall inform residents of their right to inspect VHA records pertaining to such reviews as provided in Subsection Revisions as a Result of Rate Changes Between Annual Reviews. VHA may revise its Public Housing utility allowances for resident-purchased utilities between annual reviews if there is a rate change, and it shall do so if such change, by itself or together with prior rate changes not adjusted for, results in a change of ten () percent or more from the rates on which such allowances were based. Adjustments to resident payments as a result of such changes shall be retroactive to the first day of the month following the month in which the last rate change taken into account in such revision became effective. The Parties recognize that generally VHA has no obligation under applicable HUD Regulations to revise its Covered Housing utility allowances between annual reviews. At HUD s direction, however, VHA shall revise the utility allowance schedules for its Covered Housing to correct any errors, or as necessary to update the schedules.... Sixty (0) Days Notice and Comment Period before Certain Revisions. For Public Housing utility allowances, VHA shall not establish or revise its estimates of reasonable consumption of utilities by energy-conservative households of modest circumstances without giving at least sixty (0) Days written notice to all Declaratory and Injunctive Relief Class Members affected by the proposed allowances and revisions and an opportunity to submit written comments during a period expiring not less than thirty (0) Days before the proposed effective date of the allowances or revisions. VHA agrees to consider such comments before making a final decision whether to revise its estimates of reasonable consumption. All written comments shall be retained by VHA and shall be available for inspection by the Declaratory and Injunctive Relief Class Members. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

72 Case :-cv-00-rbl Document - Filed 0// Page 0 of The parties acknowledge that VHA has no obligation to give written notice and an opportunity to comment to those residing in its Covered Housing before revising its utility allowance schedules. As a practice, however, VHA does not revise its Section Voucher utility allowances without approval of its Board of Commissioners. The VHA Board of Commissioners allows interested parties to submit written and oral comments before adopting any resolution or taking any board action as part of its routine procedures. Class Members residing in Covered Housing may submit comments to the VHA Board of Commissioners, like any interested party, before the Board of Commissioners makes a final decision whether to revise its utility allowance schedules for such housing.... Recordkeeping and Inspection. VHA shall maintain a record that documents the basis on which its Public Housing and Covered Housing utility allowances and revisions thereof are established and revised. This record shall include all written notices that VHA has given to Declaratory and Injunctive Relief Class Members of proposed utility allowances and revisions thereof, all utility rate information that the agency collects, all utility usage data that the agency has collected, any engineering methodology it has relied upon, including the basis for all assumptions relied upon by any consultant it has retained, and all written comments submitted by Declaratory and Injunctive Relief Class Members or other program participants or their legal representatives. VHA shall also maintain a record that documents that it has reviewed its Public Housing and Covered Housing utility allowances on an annual basis as provided for in Subsection.. or made revisions between annual reviews as required by Subsection... VHA shall permit inspection of these records by any member of the Declaratory and Injunctive Relief Class or his or her legal representative, or by Class Counsel.... Individual Relief. VHA shall consider requests for individual relief from any Declaratory and Injunctive Relief Class Member residing in Public Housing who incurs utility bills in excess of the applicable utility allowance on any reasonable grounds. Reasonable grounds include SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

73 Case :-cv-00-rbl Document - Filed 0// Page of special needs of elderly, ill, or disabled residents, or special factors affecting utility use not within the control of the resident. Reasonable grounds do not include utility use that is within the resident s control. VHA agrees that within ninety (0) Days of the Effective Date, it shall amend its Admission and Continued Occupancy Policy to allow Declaratory and Injunctive Relief Class Members residing in Public Housing to request individual relief even though their household does not include a person with disabilities. In addition, VHA shall consider requests for individual relief from any Declaratory and Injunctive Relief Class Member who incurs utility bills in excess of the applicable utility allowance because his or her household includes a person with disabilities. VHA shall approve a utility allowance that is higher than the applicable allowance if a higher utility allowance is needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability.... Lease Provisions. VHA agrees that any Public Housing or Covered Housing lease or lease amendment that it enters into while the non-monetary relief provisions remain in effect shall include the following:... A provision stating that the utility allowances shall be determined by VHA in accordance with HUD Regulations and other requirements and that the amounts of the utility allowances are subject to change in accordance with HUD requirements.... A statement of what utilities, services, and equipment are to be supplied by VHA without additional cost, and what utilities and appliances are to be paid for by the tenant.... A provision specifying the amount of the tenant s utility allowance that is in effect at the time the lease or lease amendment is executed, itemized by each tenant-paid utility. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

74 Case :-cv-00-rbl Document - Filed 0// Page of... A provision advising the tenant that should he or she incur utility billings in excess of the applicable utility allowance, he or she may seek individual relief as provided in Subsection... The lease shall inform the tenant of the criteria for granting and procedures for requesting such relief.... After the Effective Date, any member of the Declaratory and Injunctive Relief Class who is in good standing with their present lease and who asks shall be given an opportunity to enter into a lease or lease addendum containing these provisions, without having to wait until his or her current lease expires or renews.... Notice of Final Settlement.... The Parties have agreed to a Notice of Final Settlement, which is attached to this Agreement as Exhibit I. The Notice of Final Settlement shall be subject to approval and/or modification by the Court in the Final Order and Judgment.... Within thirty (0) Days of the Effective Date, VHA shall mail a copy of the Notice of Final Settlement to all known members of the Declaratory and Injunctive Relief Class by first-class USPS mail, postage prepaid, and agrees to conspicuously post a copy of the Notice of Final Settlement at its main office and on its website where it can be readily seen by its residents until such time as the non-monetary relief provisions expire as set forth in Subsection VHA agrees to provide a copy of the Notice of Final Settlement to future members of the Declaratory and Injunctive Relief Class who move into Public Housing after the Effective Date at the time they execute their first Public Housing lease.... Annual Compliance Reports. VHA shall serve an annual report or declaration on Class Counsel and post a copy on its website certifying that it has complied with all the provisions of SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

75 Case :-cv-00-rbl Document - Filed 0// Page of Subsections.. through... The first report shall be served and posted by January of the year following the Effective Date. Thereafter, the annual report shall be served and posted for each calendar year by January of the following year.... Duration of Non-Monetary Relief. The Parties agree that the non-monetary relief provisions set forth in Subsection. and included in the Final Order and Judgment shall take effect on the Effective Date and remain in effect for a period of forty-eight () months thereafter... Class Counsel Fees, Costs, and Incentive Payments. As full settlement of any and all claims for attorneys fees and costs, including any Class Representative incentive payments, arising out of the Action, VHA shall pay up to, but no more than, one hundred ten thousand dollars ($0,000.00), subject to approval of the Court.... In order to effectuate this portion of the settlement, Plaintiffs and Class Counsel intend to seek approval from the Court for an award of attorneys fees and costs, including incentive payments, not to exceed the amount shown in Subsection.. VHA will not object to Class Counsel s request for attorneys fees and costs, including incentive payments, if the request does not exceed the amount shown in Subsection.. VHA also will not object to the amount of incentive payments to the Class Representatives, provided that no individual incentive payment exceeds $, The Parties recognize that allocation of this settlement amount among attorneys fees, costs, and incentive payments is discretionary with the Court.... Once the Court has ruled on Plaintiffs request for attorneys fees and costs, including incentive payments, VHA shall pay any amounts awarded by the Court to Class Counsel within forty-five () Days of the Effective Date. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

76 Case :-cv-00-rbl Document - Filed 0// Page of.. Total VHA Liability. The amounts indicated in Subsections.. and. represent the total monetary settlement of all claims, damages awards, costs, and expenses of any nature in the Action. VHA shall not be obligated to pay any additional amount as a result of this settlement to the Releasing Parties, and neither Plaintiffs nor Class Counsel shall seek any monetary amounts, damages, awards, attorneys fees, costs, or expenses of any nature in excess of the amounts indicated herein. This shall not waive or otherwise affect Plaintiffs or any Class Members right to seek specific performance of this Settlement Agreement or the Final Order and Judgment or to recover compensatory damages, court costs, or reasonable attorneys fees for enforcing this Settlement Agreement or the Final Order and Judgment as provided in Section.. HUD APPROVAL The Parties have agreed that approval by HUD of this Settlement Agreement is a condition precedent to this Settlement Agreement and that if HUD does not approve this Settlement Agreement, it will be null and void. VHA has notified HUD of this Settlement Agreement and has obtained HUD s written concurrence to the proposed terms and conditions of the Settlement Agreement as required by HUD Litigation Handbook 0. REV-.. FILING OF ACTION AND WAIVER OF SERVICE.. After notification that VHA has obtained HUD approval of the Settlement Agreement and the Parties have executed the Settlement Agreement, Plaintiffs shall commence the Action in the United States District Court for the Western District of Washington at Tacoma by filing their Complaint with a Civil Cover Sheet and paying the required filing fee. Plaintiffs Counsel shall notify VHA s Counsel when the Action has been commenced and request that VHA waive service of any summons. SETTLEMENT AGREEMENT - 0 (0) -0 (0) - (fax)

77 Case :-cv-00-rbl Document - Filed 0// Page of.. VHA agrees to waive service as provided for in Rule (d). VHA s Counsel shall execute and return the waiver to Plaintiffs Counsel within five () Days of Plaintiffs Counsel s request that VHA waive service of any summons... The Parties agree to jointly notify the Court within ten () Days of the filing of the Action that a settlement has been reached and ask that all deadlines be stayed pending a preliminary approval hearing.. MOTION FOR CERTIFICATION, PRELIMINARY & FINAL APPROVAL.. Following the filing of the Action, Plaintiffs shall promptly move for provisional certification of the two Settlement Classes described in Section under Rule (c) per the agreement of the Parties and ask that Plaintiffs be appointed as Class Representatives and that Plaintiffs Counsel be appointed Class Counsel. The Parties shall jointly inform the Court of VHA s agreement stipulating that the two Settlement Classes should be certified solely for purposes of effectuating the settlement and request that the Court certify the Damages Class and Declaratory and Injunctive Relief Class for settlement purposes only in conjunction with the Preliminary Approval Order... The Parties, through their counsel, shall jointly submit this Settlement Agreement to the Court and request the Court to enter the Preliminary Approval Order... Within ten () Days of the filing of this Agreement with the Court, VHA shall notify the appropriate state and federal officials of this Agreement pursuant to the Class Action Fairness Act of 0, U.S.C.... If the settlement contemplated by this Agreement is approved by the Court, after notice to the class and consideration of objections, if any, counsel for the Parties shall request that the Court enter the Final Order and Judgment in the form attached as Exhibit B. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

78 Case :-cv-00-rbl Document - Filed 0// Page of. NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND RIGHT TO OPT OUT.. The Parties have agreed to a Notice of Proposed Class Action Settlement and Right to Opt Out, which is attached to this Agreement as Exhibit H. The Parties have further agreed to a standardized cover letter, which is attached to this Agreement as Exhibit H-, that will provide Class Members with individualized information as to their Settlement Share, if any, the claims, if any, for unpaid rent or other charges due under the Class Member s lease that VHA plans to set off against his or her Settlement Share, and the Class Member s expected Settlement Payment, if any. The Parties have also agreed to a Summary Notice suitable for publication, which is attached to this Agreement as Exhibit G... The Notice of Proposed Class Action Settlement and Right to Opt Out, the standardized cover letter attached as Exhibit H-, and the Summary Notice shall be subject to approval or modification by the Court in the Preliminary Approval Order... Within thirty (0) Days of the entry of the Preliminary Approval Order, or as specified in the Preliminary Approval Order, VHA shall () send Exhibit H-, together with the Notice of Proposed Class Action Settlement and Right to Opt Out, to each Class Member via first-class USPS mail, postage prepaid, addressed to the last known address for each Class Member; () include a copy of the Summary Notice in its Resident Newsletter; and () publish a copy of the Summary Notice in a size of at least onequarter page in The Columbian newspaper for three () consecutive Days. VHA shall bear all costs incurred in connection with notifying Class Members of the proposed class action settlement and right to opt out. VHA shall also distribute the Summary Notice to its various community partners by , asking that they post the notice where it may be seen by Class Members. Class Counsel may issue a press release announcing the preliminary approval of the settlement in a form agreed to by VHA. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

79 Case :-cv-00-rbl Document - Filed 0// Page of.. Within thirty (0) Days of the entry of the Preliminary Approval Order, or as specified in the Preliminary Approval Order, VHA and Class Counsel shall post the Summary Notice on each of their websites, with a link to the complete Notice of Proposed Class Action Settlement and Right to Opt Out and other relevant documents until the date of the Fairness Hearing... Class Counsel shall arrange and hold at least two meetings to discuss the Proposed Settlement with Class Members at a location that is reasonably convenient to Class Members. One meeting shall be held during business hours; one meeting shall be held in the evening to accommodate those Class Members who cannot attend the meeting held during business hours. The first meeting shall be held at least seven () Days after the Notice of Proposed Class Action Settlement and Right to Opt Out is mailed; the last meeting shall be held at least twenty-eight () Days prior to the Fairness Hearing. VHA shall cooperate with Class Counsel in scheduling and publicizing these meetings... When mailing Exhibit H- and the Notice of Proposed Class Action Settlement and Right to Opt Out to each Class Member via first-class USPS mail, postage prepaid, addressed to the last known address for each Class Member, VHA shall use a USPS ADDRESS SERVICE REQUESTED ancillary service endorsement to request an addressee s new address and keep track of any change in address and whether the notice was forwarded or returned as undeliverable. The endorsement shall be placed on the envelope in accordance with USPS requirements... In the event that Exhibit H- and the Notice of Proposed Class Action Settlement and Right to Opt Out mailed to a Class Member is returned as undeliverable but with a forwarding address, VHA shall mail Exhibit H- and the Notice of Proposed Class Action Settlement and Right to Opt Out to the forwarding address. In the event that these documents are returned as undeliverable and without a SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

80 Case :-cv-00-rbl Document - Filed 0// Page of forwarding address, VHA shall notify Class Counsel and provide them with the Class Member s name and mailing information.. RIGHT TO OPT OUT OF DAMAGES CLASS.. Any member of the Damages Class certified under Rule (b)() may opt out of the Damages Class in accordance with the provisions of Rule (c)()(b)... The Notice of Proposed Class Action Settlement and Right to Opt Out and the Summary Notice shall explain that the Court will exclude from the Damages Class any member who requests exclusion... Any member of the Damages Class who wishes to exclude himself or herself from the Damages Class shall do so in the manner and by the deadline set forth in the Notice of Proposed Class Action Settlement and Right to Opt Out. No mass or class requests for exclusions are permitted... Any member of the Damages Class who fails to opt out or exclude himself or herself from the Damages Class as provided in this Section shall waive and forfeit any and all rights he or she may have to exclude himself or herself from the Damages Class, and shall be bound by all terms of this Agreement and by all proceedings, orders, and judgments in the Action... If the total value of the Settlement Shares of Class Members who timely opt out of the Damages Class exceeds fifteen () percent of the Settlement Fund, VHA shall have the right to terminate this Settlement Agreement by providing notice of termination to Class Counsel and the Court in writing no later than seven () Days after the final deadline for opting out of the Damages Class. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

81 Case :-cv-00-rbl Document - Filed 0// Page of. OBJECTIONS.. The Notice of Proposed Class Action Settlement and Right to Opt Out shall inform Class Members that any Class Member may object to the fairness, reasonableness, or adequacy of this Agreement... The Notice of Proposed Class Action Settlement and Right to Opt Out shall inform Class Members that any Class Member who wishes to object to any aspect of the settlement must file and serve a written statement of the objection(s). The written statement must include (a) a statement of the Class Member s objection(s), as well as the specific reasons for each objection, including any evidence and legal authority the Class Member wishes to bring to the Court s attention and any evidence the Class Member wishes to introduce in support of his or her objection(s); (b) the Class Member s name, address, and telephone number; and (c) information demonstrating that the Class Member is entitled to be included as a member of one of the Settlement Classes. All written objections must be postmarked no later than thirty (0) Days before the Fairness Hearing... The Notice of Proposed Class Action Settlement and Right to Opt Out shall inform Class Members that any Class Member may raise an objection either on his or her own or through an attorney hired at his or her own expense. If a Class Member hires an attorney other than Class Counsel to represent him or her, the attorney must, no later than thirty (0) Days before the Fairness Hearing, file and serve a notice of appearance. Class Members or their attorneys intending to make an appearance at the Fairness Hearing must file and serve a notice of their intention to appear at the hearing, postmarked no later than thirty (0) Days before the Fairness Hearing... The Notice of Proposed Class Action Settlement and Right to Opt Out shall inform Class Members that any Class Member who fails to comply with the provisions of this Section shall waive SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

82 Case :-cv-00-rbl Document - Filed 0// Page 0 of and forfeit any and all rights he or she may have to appear separately and/or object, and shall be bound by all terms of this Agreement and by all proceedings, orders, and judgments in the Action.. NO ADMISSION OF WRONGDOING This Agreement, whether or not approved by the Court and effectuated, and any proceedings taken pursuant to it: (a) shall not be offered or received against VHA as evidence of, or construed as or deemed to be evidence of, any presumption, concession, or admission by VHA of the truth of any fact alleged by Plaintiffs or the validity of any claim that had been or could have been asserted in the Action or in any litigation, or the deficiency of any defense that has been or could have been asserted in the Action, or of any liability, negligence, fault, or wrongdoing of VHA, or any admission by VHA of any violations of, or failure to comply with, laws or regulations; and (b) shall not be offered or received against any of the Parties to this Agreement in any other civil, criminal, or administrative action or proceeding, other than as specifically provided for in this Agreement or in such proceedings as may be necessary to effectuate the provisions of this Agreement; provided, however, that if this Agreement is approved by the Court, the Parties may refer to it and rely upon it to effectuate or enforce its terms.. ONGOING JURISDICTION, DISPUTE RESOLUTION, AND ENFORCEMENT OF SETTLEMENT AGREEMENT AND FINAL ORDER AND JUDGMENT.. This Agreement shall be the sole and exclusive remedy for any and all Settled Claims of Releasing Parties. Upon the Effective Date, each Releasing Party shall be barred from initiating, asserting, or prosecuting against the Released Parties any Settled Claims that are released by operation of this Agreement and the Final Order and Judgment... The Court retains exclusive and continuing jurisdiction over the Action, the Parties, and Class Members to interpret and enforce the terms, conditions, and obligations of this Agreement and the Final Order and Judgment. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

83 Case :-cv-00-rbl Document - Filed 0// Page of.. The Parties will endeavor to resolve in good faith any disagreement, controversy or claim arising between them relating to the interpretation, performance, or operation of this Settlement Agreement and the Final Order and Judgment, or any rights or obligations thereunder. Plaintiffs and Class Members agree that they will consider and reasonably respond to any claim by VHA that it is not able to comply with a particular undertaking specified herein or to any proposal made by VHA to amend or modify any such undertaking. If Plaintiffs or any Class Members adversely impacted identify any failure by VHA to comply with any material term of this Settlement Agreement or the Final Order and Judgment, they shall, through Class Counsel or their own legal representative, promptly notify VHA s Counsel in writing and provide VHA thirty (0) Days from its receipt of such notice to cure the failure, if any. Class Counsel will work in good faith with VHA s Counsel to resolve any noncompliance. The Parties agree to submit any dispute that they cannot resolve on their own to third-party mediation, with each Party to bear one-half of the cost of such mediation. If VHA refuses to submit any dispute to mediation or the Parties are unable to resolve their disagreement after such third-party mediation, any Class Member adversely impacted, through Class Counsel or his or her own legal representative, may file a motion to enforce this Settlement Agreement and/or the Final Order and Judgment and/or seek to hold VHA in civil contempt... In any proceeding brought to enforce this Settlement Agreement or the Final Order and Judgment, the prevailing Party may recover its costs and reasonable attorneys fees. If any Class Member files a motion for contempt, nothing in this Settlement Agreement shall preclude the Class Member or his or her counsel from making a request to the Court for attorneys fees and costs associated with the preparation and prosecution of the motion, should he or she prevail. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

84 Case :-cv-00-rbl Document - Filed 0// Page of.. VHA agrees that its agents or employees will not retaliate or threaten to retaliate against any Class Member for invoking his or her rights under the law, this Settlement Agreement, or the Final Order and Judgment. Further, VHA agrees that it will not retaliate against Plaintiffs or Class Members for participating in or being affiliated in any manner with respect to this litigation.. TERMINATION OF THIS AGREEMENT.. This Agreement is subject to approval by the Court pursuant to Rule (e). In the event this Agreement is not approved by the Court, is terminated or modified in any material respect, or fails to become effective for any reason, none of its terms shall be effective or enforceable; the Parties to this Agreement shall be deemed to have reverted to their respective status in the Action as of the date the Action was filed; and except for VHA s waiver of service as provided for in Rule (d), the Parties shall proceed in all respects as if this Agreement and any related orders had not been entered. In the event this Agreement is terminated, VHA shall serve an answer as required by Rule within twenty-one () Days of the termination of the Agreement... Class certification under this Agreement is for purposes of settlement only, and nothing in the settlement or this Agreement may be deemed an admission for any purpose other than settlement. If the settlement is not approved by the Court and does not go into effect, the Parties shall be returned to their relative positions prior to class certification. Further, in the event the settlement or this Agreement is terminated or modified in any material respect, VHA shall be deemed not to have waived, modified, or be estopped from asserting any additional defenses available to it... The performance of this Agreement is expressly contingent upon entry of the Final Order and Judgment in the form agreed to by the Parties. If the Court fails to issue the Final Order and Judgment in the form agreed to by the Parties or if the Final Order and Judgment is not consistent with SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

85 Case :-cv-00-rbl Document - Filed 0// Page of the terms of this Agreement, either Party may give notice, within ten () Days of entry of the Court s final order regarding this Agreement, that this Agreement is therefore terminated... If this Agreement is terminated pursuant to this Section, it will have no force or effect whatsoever, shall be null and void, and will not be admissible as evidence for any purpose in any pending or future litigation in any jurisdiction. Nothing in this Agreement should be construed to operate as a waiver or concession by any of the Parties should this Agreement terminate.. PUBLICITY.. No Party shall initiate any publicity relating to or make any public comment regarding this settlement until the Court has issued the Final Order and Judgment, except as provided above... The Parties will work together to draft an appropriate joint press release and issue the joint press release within seventy-two () hours after the entry of the Final Order and Judgment. If the Parties cannot reach agreement on the content of the press release, they will submit the dispute to the Court, whose ruling will be final and binding.. MISCELLANEOUS.. Each Party voluntarily submits to the jurisdiction of the United States District Court for the Western District of Washington at Tacoma for the purposes of this Action... VHA waives any defense related to sovereign immunity under the Eleventh Amendment of the United States Constitution... This Agreement, including all attached exhibits, shall constitute the entire Agreement amongst the Parties with regard to the subject matter of this Agreement and shall supersede any previous agreements and understandings between the Parties, except for the Tolling Agreement that the Parties executed on April,. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

86 Case :-cv-00-rbl Document - Filed 0// Page of.. This Agreement may not be changed, modified, or amended except in writing signed by Plaintiffs Counsel and VHA s Counsel, subject to Court approval if required... Each Party represents and warrants that it enters into this Agreement of his, her, or its own free will. Each Party is relying solely on his, her, or its own judgment and knowledge and is not relying on any statement or representation made by any other Party or any other Party s agents or attorneys concerning the subject matter, basis, or effect of this Agreement... This Agreement has been negotiated at arm s length by Plaintiffs Counsel and VHA s Counsel. In the event of any dispute arising out of this Agreement, or in any proceeding to enforce any of the terms of this Agreement, no Party shall be deemed to be the drafter of this Agreement or of any particular provision or provisions, and no part of this Agreement shall be construed against any Party on the basis of that Party s identity as the drafter of any part of this Agreement... The Parties agree to cooperate fully and to take all additional action that may be necessary or appropriate to secure final approval of the Settlement Agreement and to give full force and effect to the basic terms and intent of this Agreement... The Parties waive any right to appeal from the Final Order and Judgment, provided the Final Order and Judgment is issued in the form agreed to by the Parties... This Agreement shall be binding upon and inure to the benefit of Class Members, the Parties, the Releasing Parties, and the Released Parties, and their respective representatives, heirs, successors, and assigns... The headings of the Sections and Subsections of this Agreement are included for convenience only and shall not be deemed to constitute part of this Agreement or to affect its construction. SETTLEMENT AGREEMENT - 0 (0) -0 (0) - (fax)

87 Case :-cv-00-rbl Document - Filed 0// Page of Washington... This Agreement shall be construed in accordance with the laws of the State of.. If after approval of the Settlement Agreement and entry of the Final Order and Judgment, any provision, paragraph, Section, Subsection, or other portion of this Agreement is found to be void, all of the remaining provisions of this Agreement shall remain in full force and effect... Any notice, instruction, court filing, report, or other document to be given by any Party to any other Party shall be in writing and delivered personally or sent by , first-class USPS mail, postage prepaid, or overnight delivery service, to the respective representatives identified below or to other recipients as the Court may specify. As of the date of this Agreement, these respective representatives are as follows: For the Settlement Classes: For Vancouver Housing Authority: Capitol Way, #0 Olympia, Washington 0 Attn: Gregory D. Provenzano Greg.Provenzano@columbialegal.org Adrian Urquhart Winder Foster Pepper PLLC Third Avenue, Suite 00 Seattle, Washington WindA@foster.com.. The signatories to this Agreement represent that they have been duly authorized to execute this Agreement on behalf of the Parties they purport to represent... This Agreement may be executed by the Parties in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. SETTLEMENT AGREEMENT - (0) -0 (0) - (fax)

88 Case :-cv-00-rbl Document - Filed 0// Page of

Case 3:15-cv RBL Document 38 Filed 07/21/15 Page 1 of 21

Case 3:15-cv RBL Document 38 Filed 07/21/15 Page 1 of 21 Case :-cv-00-rbl Document Filed 0// Page of THE HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ANNIE McCULLUMN, NANCY RAMEY and TAMI ROMERO, on behalf

More information

Case 3:15-cv RBL Document 11-1 Filed 03/26/15 Page 2 of 159 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Case 3:15-cv RBL Document 11-1 Filed 03/26/15 Page 2 of 159 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA Case 3:15-cv-05150-RBL Document 11-1 Filed 03/26/15 Page 2 of 159 1 THE HONORABLE RONALD B. LEIGHTON 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 11 12 13 14

More information

Case 3:15-cv RBL Document 23 Filed 05/19/15 Page 1 of 17

Case 3:15-cv RBL Document 23 Filed 05/19/15 Page 1 of 17 Case :-cv-00-rbl Document Filed 0// Page of THE HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ANNIE McCULLUMN, NANCY RAMEY and TAMI ROMERO, on behalf

More information

Case 3:15-cv RBL Document 12 Filed 03/26/15 Page 1 of 8

Case 3:15-cv RBL Document 12 Filed 03/26/15 Page 1 of 8 Case :-cv-00-rbl Document Filed 0// Page of HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ANNIE MCCULLUMN, NANCY RAMEY and TAMI ROMERO, on behalf of

More information

IF YOU RENTED PUBLIC HOUSING OWNED BY THE VANCOUVER HOUSING AUTHORITY, A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS

IF YOU RENTED PUBLIC HOUSING OWNED BY THE VANCOUVER HOUSING AUTHORITY, A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS IF YOU RENTED PUBLIC HOUSING OWNED BY THE VANCOUVER HOUSING AUTHORITY, A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS A federal court authorized this notice. This is not a solicitation from a lawyer. Please

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case 8:15-cv-01592-AG-DFM Document 289 Filed 12/03/18 Page 1 of 8 Page ID #:5927 Present: The Honorable ANDREW J. GUILFORD Lisa Bredahl Not Present Deputy Clerk Court Reporter / Recorder Tape No. Attorneys

More information

Case 4:17-cv HSG Document 85 Filed 08/22/18 Page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 4:17-cv HSG Document 85 Filed 08/22/18 Page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case :-cv-00-hsg Document Filed 0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA VANA FOWLER, Plaintiff, v. WELLS FARGO BANK, N.A., Defendant. Case No. -cv-00-hsg ORDER GRANTING

More information

Case 3:16-cv JST Document 65 Filed 12/07/18 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 3:16-cv JST Document 65 Filed 12/07/18 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case :-cv-0-jst Document Filed /0/ Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RICHARD TERRY, Plaintiff, v. HOOVESTOL, INC., Defendant. Case No. -cv-0-jst ORDER GRANTING PRELIMINARY

More information

Case 3:05-cv RBL Document 100 Filed 05/01/2007 Page 1 of 8

Case 3:05-cv RBL Document 100 Filed 05/01/2007 Page 1 of 8 Case :0-cv-0-RBL Document 00 Filed 0/0/0 Page of HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 0 GRAYS HARBOR ADVENTIST CHRISTIAN SCHOOL, a Washington

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 14-670 RGK (AGRx) Date October 2, 2014 Title AGUIAR v. MERISANT Present: The Honorable R. GARY KLAUSNER,

More information

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION. ROSALINO PEREZ-BENITES, et al. PLAINTIFFS

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION. ROSALINO PEREZ-BENITES, et al. PLAINTIFFS IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ROSALINO PEREZ-BENITES, et al. PLAINTIFFS VS. CASE NO. 07-CV-1048 CANDY BRAND, LLC, et al. DEFENDANTS MEMORANDUM OPINION

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 0 0 SAM WILLIAMSON, individually and on behalf of all others similarly situated, v. MCAFEE, INC., Plaintiff, Defendant. SAMANTHA

More information

Case 3:07-cv SI Document 109 Filed 07/08/2008 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case 3:07-cv SI Document 109 Filed 07/08/2008 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case :0-cv-00-SI Document 0 Filed 0/0/00 Page of IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 0 ANN OTSUKA; JANIS KEEFE; CORINNE PHIPPS; and RENEE DAVIS, individually and

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA XXXXXXXX, AZ Bar. No. XXXXX ORGANIZATION Address City, State ZIP Phone Number WELFARE LAW CENTER, INC. Attorney s NAme 275 Seventh Avenue, Suite 1205 New York, New York 10001 (212) 633-6967 Attorneys for

More information

Case 2:14-cv ER Document 89 Filed 02/22/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:14-cv ER Document 89 Filed 02/22/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:14-cv-05005-ER Document 89 Filed 02/22/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AMY SILVIS, on behalf of : CIVIL ACTION herself and all others

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 WINIFRED CABINESS, v. Plaintiff, EDUCATIONAL FINANCIAL SOLUTIONS, LLC, et al., Defendants. Case No. -cv-00-jst ORDER GRANTING PRELIMINARY

More information

Case 3:14-cv HSG Document 103 Filed 08/05/16 Page 1 of 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 3:14-cv HSG Document 103 Filed 08/05/16 Page 1 of 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case :-cv-00-hsg Document Filed 0/0/ Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JANE ROE, Plaintiff, v. FRITO-LAY, INC., Defendant. Case No. -cv-00-hsg ORDER GRANTING PRELIMINARY

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case :-cv-00-cjc-rnb Document Filed 0// Page of Page ID #: 0 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION GARRETT KACSUTA and MICHAEL WHEELER, Plaintiffs, v. LENOVO (United

More information

Case: 1:13-cv DCN Doc #: 137 Filed: 03/02/16 1 of 13. PageID #: 12477

Case: 1:13-cv DCN Doc #: 137 Filed: 03/02/16 1 of 13. PageID #: 12477 Case: 1:13-cv-00437-DCN Doc #: 137 Filed: 03/02/16 1 of 13. PageID #: 12477 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION WALID JAMMAL, et al., ) CASE NO. 1: 13

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI I ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI I ) ) ) ) ) ) ) ) ) ) Case 1:08-cv-00281-SPK-LEK Document 18 Filed 09/05/2008 Page 1 of 3 Of Counsel: LAWYERS FOR EQUAL JUSTICE VICTOR GEMINIANI 4354 WILLIAM H. DURHAM 8145 GAVIN K. THORNTON 7922 P. O. Box 37952 Honolulu, HI

More information

Case 3:11-cv JAH-WMC Document 38 Filed 10/12/12 Page 1 of 5

Case 3:11-cv JAH-WMC Document 38 Filed 10/12/12 Page 1 of 5 Case :-cv-000-jah-wmc Document Filed 0// Page of 0 0 ROBBINS GELLER RUDMAN & DOWD LLP JOHN J. STOIA, JR. ( RACHEL L. JENSEN ( THOMAS R. MERRICK ( PHONG L. TRAN (0 West Broadway, Suite 00 San Diego, CA

More information

Case: 1:10-md JZ Doc #: 323 Filed: 01/23/12 1 of 8. PageID #: 5190 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Case: 1:10-md JZ Doc #: 323 Filed: 01/23/12 1 of 8. PageID #: 5190 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION Case: 1:10-md-02196-JZ Doc #: 323 Filed: 01/23/12 1 of 8. PageID #: 5190 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION In re POLYURETHANE FOAM ANTITRUST LITIGATION MDL Docket

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case :-cv-0-sjo-jpr Document Filed 0/0/ Page of Page ID #:0 Michael Louis Kelly - State Bar No. 0 mlk@kirtlandpackard.com Behram V. Parekh - State Bar No. 0 bvp@kirtlandpackard.com Joshua A. Fields - State

More information

Case 2:11-cv JCG Document 25 Filed 02/07/13 Page 1 of 21 Page ID #:187

Case 2:11-cv JCG Document 25 Filed 02/07/13 Page 1 of 21 Page ID #:187 Case :-cv-0-jcg Document Filed 0/0/ Page of Page ID #: THE DENTE LAW FIRM MATTHEW S. DENTE (SB) matt@dentelaw.com 00 B Street, Suite 00 San Diego, CA Telephone: () 0- Facsimile: () - ROBBINS ARROYO LLP

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case :-cv-000-jls-rnb Document 0 Filed 0/0/ Page of Page ID #:0 0 0 TIMOTHY R. PEEL, ET AL., vs. Plaintiffs, BROOKSAMERICA MORTGAGE CORP., ET AL., Defendants. UNITED STATES DISTRICT COURT CENTRAL DISTRICT

More information

Case 4:15-md HSG Document 243 Filed 11/21/18 Page 1 of 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 4:15-md HSG Document 243 Filed 11/21/18 Page 1 of 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case :-md-0-hsg Document Filed // Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE: LENOVO ADWARE LITIGATION This Document Relates to All Cases Case No. -md-0-hsg ORDER GRANTING

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv MOC-DSC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv MOC-DSC UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv-00540-MOC-DSC LUANNA SCOTT, et al., ) ) Plaintiffs, ) ) Vs. ) ORDER ) FAMILY DOLLAR STORES, INC., )

More information

Case 6:09-cv HO Document 2110 Filed 08/09/11 Page 1 of 24 Page ID#: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISON

Case 6:09-cv HO Document 2110 Filed 08/09/11 Page 1 of 24 Page ID#: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISON Case 6:09-cv-06056-HO Document 2110 Filed 08/09/11 Page 1 of 24 Page ID#: 36492 Michael J. Esler John W. Stephens Esler, Stephens & Buckley LLP 700 Pioneer Tower 888 SW 5th Avenue Portland, OR 97204 Phone:

More information

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SHARON COBB, et al., individually and on behalf of all others similarly situated,,

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SHARON COBB, et al., individually and on behalf of all others similarly situated,, Case :0-cv-00-DOC-AN Document Filed // Page of Page ID #: 0 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SHARON COBB, et al., individually and on behalf of all others similarly situated,,

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case :-cv-00-jls-jpr Document Filed 0// Page of 0 Page ID #: 0 0 KENNETH J. LEE, MARK G. THOMPSON, and DAVID C. ACREE, individually, on behalf of others similarly situated, and on behalf of the general

More information

Case3:13-cv JCS Document34 Filed09/26/14 Page1 of 14

Case3:13-cv JCS Document34 Filed09/26/14 Page1 of 14 Case:-cv-0-JCS Document Filed0// Page of 0 0 Alexander I. Dychter (SBN ) alex@dychterlaw.com Dychter Law Offices, APC 00 Second Ave., Suite San Diego, California 0 Telephone:..0 Facsimile:.0. Norman B.

More information

Case 1:15-cv MGC Document 175 Entered on FLSD Docket 09/29/2017 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:15-cv MGC Document 175 Entered on FLSD Docket 09/29/2017 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1:15-cv-22782-MGC Document 175 Entered on FLSD Docket 09/29/2017 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 15-22782-Civ-COOKE/TORRES BENJAMIN FERNANDEZ, GUSTAVO

More information

Case 2:16-cv PD Document Filed 04/19/18 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:16-cv PD Document Filed 04/19/18 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:16-cv-00497-PD Document 116-8 Filed 04/19/18 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GREG PFEIFER and ANDREW DORLEY, Plaintiffs, -vs.- Case No.

More information

United States District Court

United States District Court Case:-cv-000-RS Document Filed0// Page of 0 0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JESSICA LEE, individually and on behalf of a class of similarly situated individuals,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, Case :-cv-0-pcl Document Filed 0// PageID. Page of 0 0 NAOMI TAPIA, individually and on behalf of other members of the general public similarly situated, v. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES GENERAL

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES GENERAL Case 2:15-cv-06457-MWF-JEM Document 254 Filed 10/03/17 Page 1 of 13 Page ID #:10244 Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge Deputy Clerk: Rita Sanchez Attorneys Present for Plaintiff:

More information

Case 5:14-cv EGS Document 75 Filed 02/05/16 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Case 5:14-cv EGS Document 75 Filed 02/05/16 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA Case 5:14-cv-03224-EGS Document 75 Filed 02/05/16 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA SHERRY L. BODNAR, on Behalf of herself and All Others Similarly Sitnated, F~LED

More information

Case 3:14-cv JD Document 2229 Filed 11/09/18 Page 1 of 23

Case 3:14-cv JD Document 2229 Filed 11/09/18 Page 1 of 23 Case :-cv-0-jd Document Filed /0/ Page of ADAM J. ZAPALA (State Bar No. ) ELIZABETH T. CASTILLO (State Bar No. 00) MARK F. RAM (State Bar No. 00) 0 Malcolm Road, Suite 00 Burlingame, CA 00 Telephone: (0)

More information

231 F.R.D. 397 United States District Court, C.D. California.

231 F.R.D. 397 United States District Court, C.D. California. 231 F.R.D. 397 United States District Court, C.D. California. S.A. THOMAS and E.L. Gipson Plaintiff, v. Leroy BACA, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina, Zev Yaroslavsky,

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case :-cv-000-cjc-dfm Document Filed /0/ Page of Page ID #: 0 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION 0 PHILLIP NGHIEM, v. Plaintiff, DICK S SPORTING GOODS, INC.,

More information

United States District Court Central District of California

United States District Court Central District of California O 1 1 1 1 1 1 1 0 1 NEDA FARAJI, v. United States District Court Central District of California Plaintiff, TARGET CORPORATION; DOES 1 through 0, inclusive, Defendants. Case :1-CV-001-ODW-SP ORDER DENYING

More information

Case3:13-cv HSG Document194 Filed07/23/15 Page1 of 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case3:13-cv HSG Document194 Filed07/23/15 Page1 of 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case:-cv-00-HSG Document Filed0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PATRICK HENDRICKS, Plaintiff, v. STARKIST CO, Defendant. Case No. -cv-00-hsg ORDER GRANTING PRELIMINARY

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. herself and all others similarly situated, ) ) ORDER GRANTING PLAINTIFF S Plaintiff, ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. herself and all others similarly situated, ) ) ORDER GRANTING PLAINTIFF S Plaintiff, ) ) Case :-cv-0-l-nls Document Filed 0// Page of 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ASHLEE WHITAKER, on behalf of ) Case No. -cv--l(nls) herself and all others similarly situated,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, D e fendants.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, D e fendants. Case :0-md-00-BTM-KSC Document Filed // Page of 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 0 IN RE HYDROXYCUT MARKETING AND SALES PRACTICES LITIGATION ANDREW DREMAK, on Behalf of Himself,

More information

Case 3:11-md DMS-RBB Document 108 Filed 12/18/12 Page 1 of 12

Case 3:11-md DMS-RBB Document 108 Filed 12/18/12 Page 1 of 12 Case :-md-0-dms-rbb Document 0 Filed // Page of 0 0 In re GROUPON MARKETING AND SALES PRACTICES LITIGATION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA No. :-md-0-dms-rbb ORDER APPROVING

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 1 1 1 1 1 1 1 1 0 1 NEIL TORCZYNER, individually and on behalf of all others similarly situated v. STAPLES, INC., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, Defendant. Case

More information

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

IN THE UNITED STATES COURT OF FEDERAL CLAIMS IN THE UNITED STATES COURT OF FEDERAL CLAIMS YOLANDA QUIMBY, et al., for themselves and on behalf of all others similarly situated, Plaintiffs, Case No. 02-101C (Judge Victor J. Wolski) v. THE UNITED STATES

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case 8:13-cv-01748-JVS-JPR Document 45 Filed 03/16/15 Page 1 of 14 Page ID #:541 Present: The Honorable James V. Selna Nancy K. Boehme Not Present Deputy Clerk Court Reporter / Recorder Tape No. Attorneys

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the Court is Plaintiff Luis Escalante

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the Court is Plaintiff Luis Escalante O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 1 LUIS ESCALANTE, on behalf of himself and all others similarly situated, v. Plaintiff, CALIFORNIA PHYSICIANS' SERVICE dba BLUE SHIELD OF CALIFORNIA,

More information

Case 1:14-cv PAC Document 95 Filed 08/29/17 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:14-cv PAC Document 95 Filed 08/29/17 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ) ) ) ) ) ) ) ) ) ) ) ) ) Case 1:14-cv-04281-PAC Document 95 Filed 08/29/17 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HARRY GAO and ROBERTA SOCALL, on behalf of themselves and all others similarly

More information

Case: 1:07-cv SAS-SKB Doc #: 230 Filed: 06/25/13 Page: 1 of 20 PAGEID #: 8474

Case: 1:07-cv SAS-SKB Doc #: 230 Filed: 06/25/13 Page: 1 of 20 PAGEID #: 8474 Case 107-cv-00828-SAS-SKB Doc # 230 Filed 06/25/13 Page 1 of 20 PAGEID # 8474 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION EBRAHIM SHANECHIAN, ANITA JOHNSON, DONALD SNYDER and

More information

Case 1:17-cv FDS Document 88 Filed 10/19/18 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. Case 1:17-cv v.

Case 1:17-cv FDS Document 88 Filed 10/19/18 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. Case 1:17-cv v. Case 1:17-cv-10300-FDS Document 88 Filed 10/19/18 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MOLLY CRANE, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiff,

More information

Case 3:15-cv RBL Document 214 Filed 05/16/18 Page 1 of 8

Case 3:15-cv RBL Document 214 Filed 05/16/18 Page 1 of 8 Case :-cv-00-rbl Document Filed 0// Page of HONORABLE RONALD B. LEIGHTON 0 JOHN LENNARTSON, RITA ANDREWS, CASSIE ASLESON, SUSAN SHAY NOHR, on behalf of themselves and all others similarly situated, v.

More information

FINAL ORDER AND JUDGMENT. Court after conducting a fairness hearing, considering all arguments in support of and/or in

FINAL ORDER AND JUDGMENT. Court after conducting a fairness hearing, considering all arguments in support of and/or in UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK IN RE: BAYER CORP. COMBINATION ASPIRIN PRODUCTS MARKETING AND SALES PRACTICES LITIGATION THIS PLEADING RELATES TO: 09-md-2023 (BMC)(JMA) COGAN,

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES GENERAL

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES GENERAL Case 2:15-cv-04912-MWF-PJW Document 197 Filed 05/11/18 Page 1 of 25 Page ID #:5504 Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge Deputy Clerk: Rita Sanchez Attorneys Present for Plaintiff:

More information

Case 2:16-cv RSL Document 74 Filed 06/27/17 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

Case 2:16-cv RSL Document 74 Filed 06/27/17 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Case :-cv-00-rsl Document Filed 0// Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 0 ABDIKHADAR JAMA, an individual, JEES JEES, an individual, and MOHAMED MOHAMED, an individual, Plaintiffs,

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. Payam Ahdoot v. Babolat VS North America

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. Payam Ahdoot v. Babolat VS North America Case 2:13-cv-02823-VAP-VBK Document 54 Filed 10/07/14 Page 1 of 18 Page ID #:672 Title Payam Ahdoot v. Babolat VS North America Present: The Honorable GARY ALLEN FEESS Stephen Montes Kerr None N/A Deputy

More information

Case4:12-cv JSW Document86 Filed05/23/14 Page1 of 31

Case4:12-cv JSW Document86 Filed05/23/14 Page1 of 31 Case:-cv-0-JSW Document Filed0// Page of 0 MATTHEW K. EDLING (#00) medling@cpmlegal.com JENNIFER R. CRUTCHFIELD (#) jcrutchfield@cpmlegal.com & McCARTHY, LLP 0 Malcolm Road, Suite 0 Burlingame, CA 00 Telephone:

More information

Case 3:09-cv JGH Document 146 Filed 11/01/13 Page 1 of 11 PageID #: 2843 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE

Case 3:09-cv JGH Document 146 Filed 11/01/13 Page 1 of 11 PageID #: 2843 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE Case 3:09-cv-00440-JGH Document 146 Filed 11/01/13 Page 1 of 11 PageID #: 2843 DANA BOWERS, et al. PLAINTIFFS V. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO.

More information

Case 3:13-cv RBL Document 426 Filed 12/05/16 Page 1 of 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Case 3:13-cv RBL Document 426 Filed 12/05/16 Page 1 of 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA Case :-cv-0-rbl Document Filed /0/ Page of 0 HONORABLE RONALD B. LEIGHTON 0 PATRICIA THOMAS, et al, v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA Plaintiff, KELLOGG COMPANY and

More information

Case 2:14-cv RJS Document 17 Filed 06/04/14 Page 1 of 7

Case 2:14-cv RJS Document 17 Filed 06/04/14 Page 1 of 7 Case 2:14-cv-00165-RJS Document 17 Filed 06/04/14 Page 1 of 7 Mark F. James (5295 Mitchell A. Stephens (11775 HATCH, JAMES & DODGE, P.C. 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 Telephone:

More information

Case 9:15-cv KAM Document 167 Entered on FLSD Docket 10/19/2017 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 9:15-cv KAM Document 167 Entered on FLSD Docket 10/19/2017 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 9:15-cv-81386-KAM Document 167 Entered on FLSD Docket 10/19/2017 Page 1 of 10 ALEX JACOBS, Plaintiff, vs. QUICKEN LOANS, INC., a Michigan corporation, Defendant. / UNITED STATES DISTRICT COURT SOUTHERN

More information

Case 1:11-cv WHP Document 264 Filed 07/12/16 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.

Case 1:11-cv WHP Document 264 Filed 07/12/16 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. Case 1:11-cv-06784-WHP Document 264 Filed 07/12/16 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ERIC GLATT, ALEXANDER FOOTMAN, EDEN ANTALIK, and KANENE GRATTS,

More information

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY THE HONORABLE JOHN P. ERLICK Notice of Hearing: February. 0 at :00 am IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY 0 JEFFREY MAIN and TODD PHELPS, on behalf of themselves and

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case :-cv-0-h-rbb Document - Filed // Page of 0 DOYLE LOWTHER LLP WILLIAM J. DOYLE II (0) JOHN A. LOWTHER IV (0000) JAMES R. HAIL (0) SAMANTHA A. SMITH () KATHERINE S. DIDONATO (0) 000 Willow Creek Road,

More information

Case4:09-cv CW Document69 Filed01/06/12 Page1 of 5

Case4:09-cv CW Document69 Filed01/06/12 Page1 of 5 Case:0-cv-0-CW Document Filed0/0/ Page of 0 SARA ZINMAN, individually, and on behalf of all others similarly situated, v. Plaintiffs, WAL-MART STORES, INC., and DOES through 00, Defendants. UNITED STATES

More information

Case3:12-cv WHO Document276 Filed02/14/14 Page1 of 13 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA.

Case3:12-cv WHO Document276 Filed02/14/14 Page1 of 13 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. Case:-cv-0-WHO Document Filed0// Page of UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 JASON TRABAKOOLAS, SHEILA STETSON, CHRISTIE WHEELER, JACK MOONEY, and KEVEN TURNER individually

More information

Case 2:18-cv MJP Document 102 Filed 03/06/19 Page 1 of 13

Case 2:18-cv MJP Document 102 Filed 03/06/19 Page 1 of 13 Case :-cv-00-mjp Document 0 Filed 0/0/ Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 YOLANY PADILLA, et al., CASE NO. C- MJP v. Plaintiffs, ORDER GRANTING CERTIFICATION

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. Garo Madenlian v. Flax USA Inc., et al.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. Garo Madenlian v. Flax USA Inc., et al. Case 8:13-cv-01748-JVS-JPR Document 40 Filed 09/22/14 Page 1 of 15 Page ID #:431 Title Garo Madenlian v. Flax USA Inc., et al. Present: The Honorable James V. Selna Karla Tunis Deputy Clerk Attorneys Present

More information

Attorneys for PLAINTIFF MICHAEL GARCIA and the Plaintiff Class (continued on the next page) Plaintiffs, Defendants.

Attorneys for PLAINTIFF MICHAEL GARCIA and the Plaintiff Class (continued on the next page) Plaintiffs, Defendants. Case :0-cv-0-DMG-SH Document Filed 0// Page of Page ID #: DISABILITY RIGHTS LEGAL CENTER Anna Rivera (Bar No. 0) anna.rivera@drlcenter.org Maronel Barajas (Bar No. ) Maronel.barajas@drlcenter.org 0 S.

More information

Case 3:16-cv WHO Document Filed 06/30/17 Page 1 of 7

Case 3:16-cv WHO Document Filed 06/30/17 Page 1 of 7 Case :-cv-00-who Document - Filed 0/0/ Page of 0 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 0 JAMES KNAPP, individually and on behalf of all others similarly situated,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ) ) ) ) ) ) ) ) ) NOTICE OF CLASS ACTION SETTLEMENT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ) ) ) ) ) ) ) ) ) NOTICE OF CLASS ACTION SETTLEMENT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION EBRAHIM SHANEHCHIAN, et al., Plaintiff, v. MACY S, INC. et al., Defendants. Case No. 1:07-cv-00828-SAS-SKB Judge S. Arthur Spiegel

More information

Case 1:17-cv Document 1 Filed 08/31/17 Page 1 of 14

Case 1:17-cv Document 1 Filed 08/31/17 Page 1 of 14 Case 1:17-cv-06654 Document 1 Filed 08/31/17 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Ernest Moore, Individually, and on behalf of all others similarly situated, -v- 33 Union

More information

Case5:13-cv LHK Document95 Filed06/11/15 Page1 of 29

Case5:13-cv LHK Document95 Filed06/11/15 Page1 of 29 Case:-cv-00-LHK Document Filed0// Page of LARRY C. RUSS (SBN 0) lruss@raklaw.com RUSS AUGUST & KABAT Wilshire Boulevard, th Floor Los Angeles, California 00 Telephone: () - Facsimile: () - MICHAEL W. SOBOL

More information

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:06-CV-010-N ORDER

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:06-CV-010-N ORDER Case 3:06-cv-00010 Document 23 Filed 06/15/2007 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., et al.,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case :-cv-00-wqh-ags Document Filed 0// PageID. Page of 0 0 Helen I. Zeldes (SBN 00) helen@coastlaw.com Andrew J. Kubik (SBN 0) andy@coastlaw.com COAST LAW GROUP, LLP 0 S. Coast Hwy 0 Encinitas, CA 0 Tel:

More information

Case 5:15-md LHK Document 946 Filed 01/26/18 Page 1 of 9

Case 5:15-md LHK Document 946 Filed 01/26/18 Page 1 of 9 Case :-md-0-lhk Document Filed 0// Page of 0 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE ANTHEM, INC. DATA BREACH LITIGATION Case No. :-MD-0-LHK [PROPOSED] ORDER

More information

Case 3:17-cv EMC Document 49 Filed 08/26/18 Page 1 of 15

Case 3:17-cv EMC Document 49 Filed 08/26/18 Page 1 of 15 Case 3:17-cv-05653-EMC Document 49 Filed 08/26/18 Page 1 of 15 1 2 3 4 5 6 7 8 9 Shaun Setareh (SBN 204514) shaun@setarehlaw.com H. Scott Leviant (SBN 200834) scott@setarehlaw.com SETAREH LAW GROUP 9454

More information

Case 1:12-cv DJC Document 308 Filed 11/08/17 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 1:12-cv DJC Document 308 Filed 11/08/17 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Case 1:12-cv-11280-DJC Document 308 Filed 11/08/17 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS KAREN L. BACCHI, Plaintiff, v. Civil Action No. 12-11280-DJC MASSACHUSETTS MUTUAL

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the court is Defendants Motion for Class

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the court is Defendants Motion for Class O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 1 1 1 1 1 1 NICOLAS TORRENT, on behalf of himself and all others similarly situated, v. Plaintiff, THIERRY OLLIVIER, NATIERRA, and BRANDSTROM,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendant.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendant. Case :-cv-00-l-wvg Document Filed 0 PageID. Page of 0 0 JOANNE FARRELL, et al. v. BANK OF AMERICA, N.A., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiffs, Defendant. Case No.: :-cv-00-l-wvg

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA

SUPERIOR COURT OF THE STATE OF CALIFORNIA Jeffrey Spencer, Esq. Spencer Law Firm 0 Calle Amanecer, Suite 0 San Clemente, California Telephone:.0. Facsimile:.0.1 jps@spencerlaw.net Jeffrey Wilens, Esq. Lakeshore Law Center Yorba Linda Blvd., Suite

More information

Case 2:04-cv AC-MKM Document 193 Filed 07/13/2007 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Case 2:04-cv AC-MKM Document 193 Filed 07/13/2007 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN Case 2:04-cv-72949-AC-MKM Document 193 Filed 07/13/2007 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN JOSEPH SCOTT SHERRILL and KEITH A. SIVERLY, individually and

More information

Case 1:16-cv Document 1 Filed 11/27/16 Page 1 of 15

Case 1:16-cv Document 1 Filed 11/27/16 Page 1 of 15 Case 1:16-cv-09169 Document 1 Filed 11/27/16 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Wanda Rosario-Medina, Individually, and on behalf of all others similarly situated,

More information

IN RE ACTIONS, No. C CRB (N.D. Cal. May 26, 2015) UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE ACTIONS

IN RE ACTIONS, No. C CRB (N.D. Cal. May 26, 2015) UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE ACTIONS UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE ACTIONS No. C 07-05634 CRB (N.D. Cal. May 26, 2015) N.D. Cal. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

More information

Case 1:10-cv BMC Document 286 Filed 09/18/13 Page 1 of 6 PageID #: 7346 : : : : : : : : : : :

Case 1:10-cv BMC Document 286 Filed 09/18/13 Page 1 of 6 PageID #: 7346 : : : : : : : : : : : Case 110-cv-00876-BMC Document 286 Filed 09/18/13 Page 1 of 6 PageID # 7346 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------- X

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA I. INTRODUCTION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA I. INTRODUCTION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 EDGAR VICERAL, et al., Plaintiffs, v. MISTRAS GROUP, INC., Defendant. Case No. -cv-0-emc ORDER GRANTING PLAINTIFFS MOTIONS FOR FINAL APPROVAL

More information

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO RWZ

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO RWZ UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 13-10305-RWZ DAVID ROMULUS, CASSANDRA BEALE, NICHOLAS HARRIS, ASHLEY HILARIO, ROBERT BOURASSA, and ERICA MELLO, on behalf of themselves

More information

Case 1:12-cv CMA Document 132 Entered on FLSD Docket 10/02/2013 Page 1 of 10

Case 1:12-cv CMA Document 132 Entered on FLSD Docket 10/02/2013 Page 1 of 10 Case 1:12-cv-21695-CMA Document 132 Entered on FLSD Docket 10/02/2013 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION A AVENTURA CHIROPRACTIC CENTER,

More information

Case 8:15-cv JLS-KES Document 43-4 Filed 07/25/17 Page 2 of 39 Page ID #:440 SETTLEMENT AGREEMENT RECITALS

Case 8:15-cv JLS-KES Document 43-4 Filed 07/25/17 Page 2 of 39 Page ID #:440 SETTLEMENT AGREEMENT RECITALS Case 8:15-cv-01936-JLS-KES Document 43-4 Filed 07/25/17 Page 2 of 39 Page ID #:440 SETTLEMENT AGREEMENT This Settlement Agreement is made and entered into as of July 24, 2017, between (a) Plaintiff Jordan

More information

Case 1:14-cv WHP Document 103 Filed 08/23/17 Page 1 of 7

Case 1:14-cv WHP Document 103 Filed 08/23/17 Page 1 of 7 Case 1:14-cv-09438-WHP Document 103 Filed 08/23/17 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------X BENJAMIN GROSS, : Plaintiff, : -against- : GFI

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case :-cv-0-cjc-jcg Document Filed 0// Page of Page ID #: 0 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION 0 BEHROUZ A. RANEKOUHI, FERESHTE RANEKOUHI, and GOLI RANEKOUHI,

More information

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Case :-cv-0-rgk-sp Document Filed 0/0/ Page of Page ID #: 0 C. Benjamin Nutley () nutley@zenlaw.com 0 E. Colorado Blvd., th Floor Pasadena, California 0 Telephone: () 0-00 Facsimile: () 0-0 John W. Davis

More information

Case 2:15-cv JAK-AJW Document 26 Filed 07/07/15 Page 1 of 6 Page ID #:233

Case 2:15-cv JAK-AJW Document 26 Filed 07/07/15 Page 1 of 6 Page ID #:233 Case 2:15-cv-01654-JAK-AJW Document 26 Filed 07/07/15 Page 1 of 6 Page ID #:233 Present: The Honorable Andrea Keifer Deputy Clerk JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE Not Reported Court Reporter

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:16-cv-12536-GAD-APP Doc # 83 Filed 10/05/17 Pg 1 of 13 Pg ID 1808 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHAD MCFARLIN Plaintiff, v. THE WORD ENTERPRISES, LLC, ET

More information

Case: 1:17-cv Document #: 1 Filed: 04/04/17 Page 1 of 12 PageID #:1

Case: 1:17-cv Document #: 1 Filed: 04/04/17 Page 1 of 12 PageID #:1 Case: 1:17-cv-02570 Document #: 1 Filed: 04/04/17 Page 1 of 12 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MOUNANG PATEL, individually and on )

More information

Case 4:18-cv JSW Document 18 Filed 12/10/18 Page 1 of 10

Case 4:18-cv JSW Document 18 Filed 12/10/18 Page 1 of 10 Case :-cv-0-jsw Document Filed /0/ Page of 0 0 0 ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS ( Post Montgomery Center One Montgomery Street, Suite 00 San Francisco, CA 0 Telephone: /- /- (fax shawnw@rgrdlaw.com

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case 1:06-cv-00949 Document 121 Filed 12/13/2007 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION G.M. SIGN, INC., Plaintiff, vs. 06 C 949 FRANKLIN BANK, S.S.B.,

More information

Case 3:11-cv RJB Document 177 Filed 08/16/13 Page 1 of 27 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

Case 3:11-cv RJB Document 177 Filed 08/16/13 Page 1 of 27 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON Case :-cv-00-rjb Document Filed 0// Page of THE HONORABLE ROBERT J. BRYAN UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 0 ROSITA H. SMITH, individually and on behalf of all similarly

More information

Case 4:06-cv CW Document 81 Filed 03/25/2008 Page 1 of 10

Case 4:06-cv CW Document 81 Filed 03/25/2008 Page 1 of 10 Case 4:06-cv-03153-CW Document 81 Filed 03/25/2008 Page 1 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 James M. Finberg (SBN 114850) Eve H. Cervantez (SBN 164709) Rebekah

More information