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 themselves and all others similarly situated, vs. Plaintiffs, VANCOUVER HOUSING AUTHORITY, Defendant. CLASS ACTION No. :-CV-00-RBL DECLARATION OF ANNIE MCCULLUMN I, Annie McCullumn, declare:. I am one of the plaintiffs in this class action.. I am making this declaration in support of Plaintiffs Motion for Provisional Certification of Settlement Classes, Preliminary Approval of Class Action Settlement and for Approval of Notice Plan.. The statements in this declaration are based on my personal knowledge of the matters discussed. If called as a witness, I could and would competently testify to the following. DECLARATION OF ANNIE MCCULLUMN - [Case No. :-CV-00-RBL]
Case :-cv-00-rbl Document Filed 0// Page of. I am asking that I be appointed one of the Class Representatives for the Damages Settlement Class. I am not asking to be one of the Class Representatives for the Declaratory and Injunctive Relief Settlement Class because I no longer reside in housing owned or managed by the Vancouver Housing Authority ( VHA ).. I am a member of the proposed Damages Class. I executed a lease for and resided in Public Housing owned and managed by VHA between April, 0 and April 0,. During this time, I paid an income-based rent and was responsible for tenant-paid utilities not included in my rent.. I initially resided in a Public Housing unit owned by VHA located at N.E. nd Ave, Vancouver, Washington, - for almost twenty years. I signed a standardized Low-Rent Resident Lease with VHA while living in this dwelling unit. While there, I had to pay for electricity, gas, water, sewer, and garbage service.. In October 0, I moved to a two bedroom apartment located at N.E. th St., Apartment C, Vancouver, Washington, which was another Public Housing unit owned and managed by VHA. I again signed a Low-Rent Resident Lease with VHA. I later signed a standardized Vancouver Housing Authority Public Housing Resident Lease for this unit. As provided for in this lease, I was responsible for paying for electricity, gas, and garbage. VHA supplied water and sewer service. I lived in this unit until May when I moved out of Public Housing to my current residence.. I received a rent refund check in January in the sum of $.00. I received a second rent refund check in February in the sum of $.00. I was never given any real explanation from VHA as to why I received these checks or how these refunds were calculated. I understood that they had something to do with a review of their past utility allowances. DECLARATION OF ANNIE MCCULLUMN - [Case No. :-CV-00-RBL]
Case :-cv-00-rbl Document Filed 0// Page of. I later learned that I may have paid more rent than allowed by federal law because VHA had not established, annually reviewed, and adjusted its Public Housing utility allowances as required by HUD regulations.. In April, I retained to investigate and pursue this claim against VHA. I asked that they enter into settlement discussions with VHA prior to the filing of any lawsuit, provided the agency signed an agreement tolling any statute of limitations.. When I retained it was with the understanding that they would seek relief not only for me but for all tenants who may have paid excess rent because of VHA s actions, or failure to act in accord with federal law and our lease or rental agreements.. I instructed my attorneys at to handle my claims against VHA as a class action. I did this so that the Court would be able to provide monetary relief to all those tenants who had the same claim as I against the defendant. When I did this, I understood that I was acting not only for myself, but also for other tenants who had similar claims against VHA. I further understood that in a class action I and my lawyers would have a duty to protect the interests of these tenants, in addition to my own interests. At the outset, I discussed the possibility that we might reach a settlement with VHA. I understood that before settling this dispute, I would have to consider the interests of those tenants with similar claims before agreeing to a settlement. I was advised that class members would be given an opportunity to oppose the settlement and that any settlement would need to be approved by a court.. On April,, my attorneys from sent a demand letter to Roy A. Johnson, Executive Director of VHA, informing them of the relief I was seeking for myself and other tenants. DECLARATION OF ANNIE MCCULLUMN - [Case No. :-CV-00-RBL]
Case :-cv-00-rbl Document Filed 0// Page of. On April,, Mr. Johnson signed and returned an agreement tolling any applicable statute of limitations on my claims and the claims of other tenants.. On March,, VHA gave my attorneys a check in the sum of $.00 to settle my individual claims. I refused to cash or deposit this check to avoid any argument by VHA that by doing so my claim was settled in full through an accord and satisfaction. I instructed my attorneys at to notify VHA of my decision and to continue to pursue my and other class members claims. My attorneys did so.. I subsequently retained attorneys from Perkins Coie LLP to work with my attorneys from in negotiating a settlement of this dispute, or filing a lawsuit if needed. I did this, in part, to ensure that I and other tenants were adequately represented should this matter have to be litigated.. I understand that as a class representative I am obligated to protect the interests of all class members. I realize that my lawyers also have a responsibility to protect the interests of all class members. I believe my monetary claims are typical of all those who are members of the proposed Damages Class. We all paid excess rent because VHA failed to annually review and adjust its Public Housing utility allowances as required by HUD regulations. I know of no conflicts of interest amongst class members.. I understood from the beginning that this matter would only be allowed to proceed as a class action if a court found that it met certain rules. I also understood that if this matter was allowed to proceed as a class action that any settlement would have to be approved by the court. I was advised that the court would not approve a settlement unless it was fair, adequate and reasonable. I also was advised that notice of the settlement would be given to all affected class members and that they would have an opportunity to object to the settlement. DECLARATION OF ANNIE MCCULLUMN - [Case No. :-CV-00-RBL]
Case :-cv-00-rbl Document Filed 0// Page of. Throughout our negotiations with VHA, I have considered not only how a settlement would affect me personally, but also how it would affect other class members.. I have reviewed the Settlement Agreement and exhibits. I discussed these documents with one of my attorneys, Gregory D. Provenzano, and the other Plaintiffs. I believe that the Settlement Agreement, including the monetary relief we have negotiated, is fair, adequate and reasonable and in the best interests of all members of the Damages Class.. I moved out of VHA s Public Housing in May. Although I no longer have an interest in any future injunctive relief, I still have a stake in the monetary relief. I see no reason why, as a former tenant, I cannot adequately and vigorously represent the interests of those members of the Damages Class who have monetary claims against VHA.. I have never been a class representative in any other class action. I intend to represent fairly and adequately the interests of the proposed Damages Class in this case, regardless of whether this case is resolved by settlement or trial. I do not believe that I have any interests in conflict with, or opposed to, the interests of the proposed Damages Class.. I have not been offered any preferential treatment to settle this dispute. I understand that my Settlement Share and Settlement Payment was calculated in the same manner as that of other members of the Damages Class. I have been told that my total claim based on Plaintiffs theory of the case was $,.. I understand under the Settlement Agreement my Settlement Share will be $,. and that after all proposed setoffs I will get a Settlement Payment of $,.. I have been told that my total claim and Settlement Share are larger than the average total claim and Settlement Share. I believe, however, that this can be easily explained by the duration of my tenancy, the fact that at times I had to pay not only for electricity, but also gas, water, sewer and garbage service. I also was DECLARATION OF ANNIE MCCULLUMN - [Case No. :-CV-00-RBL]
Case :-cv-00-rbl Document Filed 0// Page of the only tenant who rejected a rent refund check from VHA in March to avoid having to litigate an accord and satisfaction defense. This check, as noted above, was in the amount of $,.00.. I understand under the proposed Settlement Agreement the Parties have agreed that Class Counsel may seek incentive payments or service awards for myself and the other two Class Representatives to be paid out of the attorneys fee award that would otherwise go to Class Counsel. I also understand that VHA will not object to any individual incentive payment, provided it does not exceed $,00.00. I also understand, however, that the Court will have to approve any proposed incentive payment based on various factors and that there is no assurance that I will be given an incentive payment.. I did not sign a retainer agreement obligating Class Counsel to seek an incentive payment for me. During settlement negotiations, I was never told that my receipt of an incentive payment was conditioned upon my approval of the Settlement Agreement. Although I was aware of the possibility that I might get a modest incentive payment not exceeding $,00.00, we never discussed the amount that Class Counsel would actually request until after we had concluded our negotiations with VHA. I approved the proposed Settlement Agreement because I believe it is fair, adequate and reasonable and in the best interests of the Damages Class. I reached this conclusion without consideration of whether or not I might receive an incentive payment.. I respectfully ask that the Court grant our motion and provisionally certify the Damages Settlement Class, appoint me as one of the Class Representatives for the Damages Class, appoint as Class Counsel, and preliminarily approve the Class Action Settlement and // // // DECLARATION OF ANNIE MCCULLUMN - [Case No. :-CV-00-RBL]
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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 e-mail notices for this case: Manual Notice List None. Adrian Urquhart Winder Foster Pepper PLLC Third Avenue, Suite 00 Seattle, Washington WindA@foster.com DATED: March,, at Olympia, Washington. /s/gregory D. Provenzano Gregory D. Provenzano DECLARATION OF ANNIE MCCULLUMN - [Case No. :-CV-00-RBL]