Filing # E-Filed 04/21/ :36:23 PM

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1 Filing # E-Filed 04/21/ :36:23 PM IN THE CIRCUIT COURT OF THE 6 TH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO.: CI-11 ALFRED L. WILLIAMS, II, on behalf of himself and all others similarly situated, vs. Plaintiff, HERITAGE OPERATING, L.P., d/b/a HERITAGE PROPANE, a Delaware Limited Partnership, as successor in interest to PEOPLES GAS COMPANY, Defendant. I PLAINTIFF S MOTION FOR DISTRIBUTION OF THE FINAL JUDGMENT Plaintiff, Alfred L. Williams, II on behalf of himself and all others similarly situated, hereby files this Motion for Distribution of the Final Judgment, and states: 1. On January 5, 2015, this Court entered the Final Judgment in this matter, which it subsequently corrected on Agreed Motion by the parties nunc pro tunc, in the amount of $18,388, Subsequent to the appellate process, on March 13, 2017, the Defendant has transferred funds to Williams lead counsel, in the amount of $20,304,059.00, as satisfaction of the final judgment, which is being held in a segregated interest bearing account, within lead counsel s trust account Further, the Defendant will shortly be transferring additional funds to Williams lead counsel, in satisfaction of both the agreed taxable costs amount of $100,000.00, as well as the attorney s fees and costs issue subsequent to this Court s August 14, 2014 order in the total 1 When the Court determines the amount of, and method of, distribution, that account will cease bearing interest, but any interest that has accrued is, of course, accumulating to the benefit of the class. 1

2 amount of $950, which will also be held in that same segregated interest bearing account, within lead counsel s trust account, pending order of this Court. The Proposed Distribution and Notice Program 4. Now that the Judgment is final, the Class members must receive their respective pro rata shares of the recovery, along with notice explaining to them that the Judgment is being distributed, and to explain that the pro rata recovery is a net recovery subsequent to this Court s determination of the appropriate amount of fees, costs, and class representative s compensation has been determined by the Court. 5. The Distribution Program (Exhibit A ), is designed to provide the best notice practicable and is tailored to take advantage of the information the Defendant possess on Class Members. Specifically, Defendant previously provided to Class Counsel a complete (but overbroad) list of class members which was utilized to send the notice subsequent to certification of the class, which included each Class Member s (i) name; and (ii) last known address. 6. Subsequently, the Defendant produced its database information pertinent to each of those individuals, which included (iii) the total tank rental, and sales tax on such rental, charges for each such Class member through November 22, Plaintiffs counsel has very recently asked the Defendants for updated last known address information for the class members. 8. Upon receiving the list of each Class Member s name and address, the Distribution Administrator will then run the addresses of the Class Members through the National Change of Address Database to ensure that the information was up-to-date. 9. For any addresses that were no longer valid, the Distribution Administrator will perform an Accurint search for current addresses and will confer with Class Counsel to obtain updated or corrected address information, where available. (Weisbrot Decl. Exhibit B ). 2

3 10. The Distribution Administrator will then mail a Notice to the Class, along with a Distribution Check of each Class Member s share of the net judgment proceeds, advising them of (i) the nature of the litigation and the parameters of class membership; (ii) the details of the Final Judgment; (iii) The amount of the Final Judgment the Court has determined should be paid to Class Counsel for Attorney s fees and costs; (iii) how the class members distribution was determined; and (iv) providing the Class Members a 45 day period, subsequent to the date that the Notice and the Distribution Check, was mailed, in which to object to the court's determinations on distribution and the allocation of attorneys' fees and costs. 11. Any mailed Notices and Distribution Checks that are returned to the Distribution Administrator with forwarding addresses will be r ed. For those Class members who s Notices and Distribution Checks returned as undeliverable, the Distribution Administrator will further verify their addresses, and those Notices and Distribution Checks will be r ed (Exhibit B ). 12. The Notice form will direct the Class Members to lead Class Counsel s website, where Class Members can obtain notice of and information about this Distribution. The website will also provide access to (i) the Notice; (ii) the Final Judgment; (iii) contact information for Class Counsel; and (iv) relevant Court filings, including the operative complaint, this Court s order certifying the Class, this Court s Order Finding Liability, the Final Judgment, and, upon their filing with the Court, the instant Class Plaintiff s Proposed Distribution Plan, Application for Attorneys Fees and Expenses, and the supporting declarations of Class Counsel and Angeion. Distribution Administration 13. Class Counsel has sought several bids from various Class Action Administrators, in order to find a competent and fair priced Class Action Administrator to assist the Court in distributing the Notice and net Proceeds of the Final Judgment to the members of the Class. As 3

4 a result of that process, Class Counsel has selected, and recommends to the Court, that the Angeion Group fulfill that important roll. (Exhibit A ). 14. Angeion s primary responsibilities include: (i) administering the Notice Program; (ii) responding to Class Member inquiries; and (iii) payment of the net final judgment proceeds. 15. The costs and fees of the Distribution Administrator shall be paid from the Final Judgment proceeds. Therefore, by this motion, Class Plaintiff seeks authorization to pay Angeion from the Settlement Fund for those services in an amount to, ultimately, be decided by this Court. Plan of Allocation to Class Members 16. The Plan of Allocation of net Final Judgment funds to the members of the Classes could not be simpler. Angeion, the Settlement Administrator, will shortly be provided with the names and addresses of the members of the Certified Class, the exact amount of Tank Rental fees, sales tax on such tank rental, and the exact amount of statutory pre, and post judgment interest to be added to such sums that each Class member was charged by the Defendant. 17. Because this matter was bitterly contested for almost 12 years, that passage of time, has led to an amount of pre and post judgment interest that exceeds the total amount of Tank Rental fees, sales tax on such tank rental charged to the Class. Even after this Court determines the appropriate amount of attorney s fees and costs to be paid to Class counsel, and pays Angeion for its distribution services, each Class Member will receive 100% or more of Tank Rental fees, and sales tax on such tank rental they were wrongfully charged. 18. Class counsel propose that the Court authorize Angeion to mail the Notice, and checks to each class member for at least 100% of the NSF Fees each class members was charged. 19. This Plan of Allocation would be efficient and make the members of the Certified Class whole. 4

5 Wherefore, Plaintiff prays that this Court enter distribution of the class funds as outlined herein. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with the Clerk of the Court using the Florida E-Filing Portal and has been served via to: HALA SANDRIDGE, ESQ., hala.sandridge@bipc.com this 21 st day of April, LAW OFFICE OF SCOTT T. JOHNI, P.A. LIGGIO BENRUBI Scott T. Johni, Esq. The Barristers Building, Suite 3B 105 South Edison Avenue 1615 Forum Place Tampa, FL West Palm Beach, FL Telephone: (813) Telephone: (561) service@johnilaw.com Facsimile: (561) scott@johnilaw.com jliggio@liggiolaw.com Co-Counsel for Plaintiffs THE WHITTEMORE LAW GROUP, P.A. By: _/s/ Jeffrey Liggio Kent G. Whittemore, Esq. JEFFREY M. LIGGIO Kwhittemore@wherejusticematters.com FLORIDA BAR NO.: elohmiller@wherejusticematters.com GEOFF S. STAHL, ESQ. eserve@wherejusticematters.com FLORIDA BAR NO.: City Center, Suite 304 S 100 Second Avenue South St. Petersburg, FL

6 Angeion Group Project Proposal Case/Project Name: Williams v. AmeriGas Judgment Distribution (Fla. State Court) Submission Date: October 13, 2016 Firm(s) Submitted to : LiggioLaw Firm(s) Contact : Jeffrey M. Liggio, Esq. Angeion Representative: Steven Weisbrot, Esq. & Christopher Chimicles, MBA EXHIBIT "A" VOLUME RATE ($) TOTAL ($) Project Management Fee Fee includes project set-up costs, data management fees and other applicable fees 1 One-Time Fee 2, , Discounted Rate SUBTOTAL 1, Check Mailing/Distribution Initial Distribution Generate Distribution list and Post Distribution Services 30 Hours , Distribution Calculations (estimated number of hours without allocation instructions in judgment) - including calculating the gross amounts for each class member 6 Per Hour Submit file to NCOA - set up fee (standardization of address formats for postal discounts) 1 One-time Printing distribution checks 65,000 Per Check , Postage for mailing letters and checks 65,000 Per Check , Process letters and checks returned as undeliverable (includes data entry) 1,950 Per Check , Address Verification (Skip tracing) 1,365 Per Hit Print reissued letters and checks 1,365 Per Check , Postage for mailing reissued checks 1,365 Per Check SUBTOTAL 62, Processing Class Member Correspondence Communication with class members (speaking to distribution recipients on the phone to answer questions reagrding the check received in the mail) 6 Per Hour SUBTOTAL PRIVILEDGED AND CONFIDENTIAL (PAGE 1 OF 3)

7 Angeion Group Project Proposal Case/Project Name: Williams v. AmeriGas Judgment Distribution (Fla. State Court) Submission Date: October 13, 2016 Firm(s) Submitted to : LiggioLaw Firm(s) Contact : Jeffrey M. Liggio, Esq. Angeion Representative: Steven Weisbrot, Esq. & Christopher Chimicles, MBA VOLUME RATE ($) TOTAL ($) Angeion Reporting Requirements Administrative services and status reports to counsel 8 Hours , SUBTOTAL 1, Tax Return Tax return for the QSF (1 year)* Per Return 1, SUBTOTAL 0.00 Other Relevant Costs Photocopying charges Included Sales tax if applicable Estimated Scanning of all documents 1,950 Per Page Document Storage (estimated for 12 months) (estimate 2500 documents per bankers box) 1 Per Box/Month Image Storage (estimated for 12 months) 1,950 Per Image/Month SUBTOTAL TOTAL - ESTIMATED PROJECT FEES & COSTS 64,941 PRIVILEDGED AND CONFIDENTIAL (PAGE 2 OF 3)

8 Angeion Group Project Proposal Case/Project Name: Williams v. AmeriGas Judgment Distribution (Fla. State Court) Submission Date: October 13, 2016 Firm(s) Submitted to : LiggioLaw Firm(s) Contact : Jeffrey M. Liggio, Esq. Angeion Representative: Steven Weisbrot, Esq. & Christopher Chimicles, MBA VOLUME RATE ($) TOTAL ($) OPTIONAL SERVICES Second Distribution if needed (pro-rata reallocation of remaining funds from initial distribution uncashed checks from) Generate Distribution list & Post Distribution Services 20 Per Hour , Re-Distribution Calculations 3 Per Hour Printing distribution checks (est. 10% uncashed checks from initial distribution) 57,974 Per Check , Postage for mailing letters and checks 57,974 Per Check , Process letters and checks returned as undeliverable (includes data entry) 58 Per Check Address Verification (Skip tracing) 55 Per Hit Print reissued letters and checks 55 Per Check Postage for mailing reissued checks 55 Per Check SUBTOTAL 49, *Estimate assumes that a QSF will not be necessary because we will distribute out of the defendants operating account. Should a QSF be necessary and we have to file a tax return, the cost will be $1,950. Notice and check printing costs are an estimate and are based upon volume, number of pages or other parameters identified in the settlement agreement. The pricing for check printing in this proposal only accounts for printing on the front side of checks. If additional language is required to be printed on the back side of checks (i.e. release language) there will be additional costs. The estimated hours listed in this proposal for servcies performed are minimum hourly estimates. Any additional time will be billed at the rates quoted in this proposal. Postage is an estimate. PRIVILEDGED AND CONFIDENTIAL (PAGE 3 OF 3)

9 DECLARATION OF STEVEN WEISBROT, ESQ. STEVEN WEISBROT, ESQ., of full age, hereby declares under penalty of perjury as follows: 1. I am Executive Vice President of Notice & Strategy at the class action notice and Settlement Administration firm Angeion Group, LLC ( Angeion ). I am fully familiar with the facts contained herein based upon my personal knowledge. I have been responsible in whole or in part for the design and implementation of hundreds of classaction administration and distribution plans and have taught numerous Accredited Continuing Legal Education courses on the Ethics of Legal Notification in Class Action Settlements, using Digital Media in Class Action Notice Programs, as well as Class Action Claims Administration. Additionally, I am the author of numerous articles on Class Action Notice, Digital Media, Class Action Claims Administration and Notice Design in publications such as Bloomberg, BNA Class Action Litigation Report, Law360, the ABA Class Action and Derivative Section Newsletter and private law firm publications. I have given testimony to the Judicial Conference Committee on Rules of Practice and Procedure on the role of direct mail, , digital media and print publication, in effecting Due Process notice, and I have met with representatives of the Federal Judicial Center, to discuss the proposed amendments to Rule 23 and suggested educational programs for the judiciary concerning class action notice nd distribution aprocedures. 2. Prior to joining Angeion s executive team, I was employed as Director of Class Action services at Kurtzman Carson Consultants ( KCC ), a nationally recognized class action notice and settlement administrator. Prior to my notice and claims administration experience, I was employed in private law practice and I am currently an attorney in good standing in the State of New Jersey and the Commonwealth of Pennsylvania. Exhibit "B"

10 3. Angeion Group is a leading class action notice and claims administration company formed by a team of executives and notice and claims administration professionals who have overseen more than 2,000 class action settlements and distributed over $10 billion to class members. The executive profiles as well as the company overview are available at 4. This declaration will describe the distribution process that is to take place pusurant to this Court s Order. 5. All procedures performed by Angeion with respect to the distribution of the Fund are subject to the supervision and direction of Lead Counsel and the Court. To carry out such orders as the Court may issue with respect to the allocation and distribution of the Fund to Authorized Claimants, Angeion will first coordinate with Lead Counsel to determine the balance in the Net Settlement Fund. Second, assuming the Court approves the Proposed Distribution of the Fund, Angeion will calculate the distribution amounts for each Authorized Claimant based upon the Allocation instructions in the Order. 6. Thereafter, Angeion will prepare checks and check registers of such distribution and mail the checks by prepaid first class mail. Payments distributed by check to Authorized Claimants shall bear the notation CASH PROMPTLY, VOID AND SUBJECT TO REDISTRIBUTION IF NOT CASHED 90 DAYS AFTER ISSUE DATE. Angeion will issue replacement checks upon request. 7. Prior to sending the checks Angeion will use the United States Post Office ( USPS ) National Change of Address database, which provides updated addresses for all individuals who have moved during the previous four years and filed a change of address with the USPS, to attempt to obtain an updated valid mailing address for the intended recipient, if they have moved since the defendant captured their postal address.

11 8. Additionally, for any check that is returned as undeliverable without a forwarding address, Angeion will conduct an address verification search (commonly referred to as a skip trace) in an attempt to locate updated addresses for those Settlement Class members. 9. For any funds remaining 90 days from the initial distribution of the Fund, after payment of claims administration costs and after Angeion has made reasonable and diligent efforts to contact claimants who have not cashed their payments, Angeion will consult with Lead Counsel to determine if a redistribution of the remaining Net Settlement Fund to Class Members who cashed their initial distribution check is cost effective, after taking into consideration payment of any additional costs and expenses that would be associated with a redistribution, or if the balance will be distributed cy pres I hereby declare under penalty of perjury that the foregoing is true and correct. Dated: April 21, 2017 STEVEN WEISBROT