DECLARATION OF BETH E. TERRELL IN SUPPORT OF PLAINTIFFS ... · 13. Adrienne D. McEntee is a member of TMLG. Ms. McEntee graduated from the University of Washington School of Law in

DECLARATION OF BETH E. TERRELL IN SUPPORT OF PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARDS – 1 CASE NO. 13-2-02778-8

TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869

TEL. 206.816.6603 • FAX 206.319.5450 www.terrellmarshall.com

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

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

COUNTY OF SNOHOMISH

ELEANOR BUNDY; MICHAEL DYKES; CHAR DYKES; KELLY HEFFERNAN; LEONARD WOLD; and LINDA WOLD on behalf of themselves and all others similarly situated,

Plaintiffs,

v. CEDAR GROVE COMPOSTING FACILITY; CEDAR GROVE, INC.; a Delaware corporation, CEDAR GROVE COMPOSTING, Inc.; and DOES 1-100,

Defendants.

NO. 13-2-02778-8 DECLARATION OF BETH E. TERRELL IN SUPPORT OF PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND FOR AWARD OF ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARDS

I, Beth E. Terrell, declares as follows:

1. I am a member of the law firm of Terrell Marshall Law Group PLLC

(“TMLG”), counsel of record for Plaintiffs in this matter. I am admitted to practice before this

Court and am a member in good standing of the bars of the states of Washington and

California. I respectfully submit this declaration in support of Motion for Final Approval of

Class Action Settlement and for Award of Attorneys’ Fees, Costs, and Incentive Awards.




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

Except as otherwise noted, I have personal knowledge of the facts set forth in this declaration

and could testify competently to them if called upon to do so.

Our Work on the Case

2. Plaintiffs filed this lawsuit on February 12, 2013, alleging claims for nuisance,

trespass, and negligence, related to the emission of noxious odors from Defendant’s

compositing facility in Maple Valley, Washington, and the effect of the emissions on proposed

class members who lived within several miles of the facility.

3. Subsequently, Defendant moved to dismiss Plaintiffs’ claim. TMLG assisted

Liddle & Dubin in responding to the motion to dismiss. I handled the oral argument for

Plaintiffs. Defendant’s motion was denied in part on June 13, 2013.

4. TMLG also assisted Plaintiffs in drafting responses to written discovery requests

and attended a site visit of the Everett facility with expert Neal Bolton.

5. TMLG also attended the June 15, 2016 mediation with mediator, John Cooper.

Although the parties did not reach an agreement during mediation, it laid the groundwork for

subsequent negotiations, which culminated in the parties agreeing to the terms set forth in the

Settlement Agreement.

6. In all, TMLG attorneys and paralegals devoted numerous hours and advanced

costs into the investigation and prosecution of this case.

Background and Experience

7. TMLG is a law firm in Seattle, Washington, that focuses on complex civil and

commercial litigation with an emphasis on consumer protection, product defect, civil rights,

employment, and wage and hour matters. The attorneys of TMLG have extensive experience in

class actions, collective actions, and other complex matters. They have been appointed lead or

co-lead class counsel in numerous cases at both the state and federal level. They have

prosecuted a variety of multi-million-dollar consumer fraud, civil rights, wage and hour, and

product defect class actions. The defendants in these cases have included companies such as




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

Wal-Mart, Microsoft, Best Buy, Toyota, Honda, Sallie Mae, Comcast, ABM Industries, Inc.,

AT&T, T- Mobile USA, Weyerhaeuser, Behr Products, American Cemwood, Bank of

America, Discover Financial Services, Capital One, and HSBC.

8. I am the lead attorney for TMLG in this case. A founding member of TMLG, I

concentrate my practice in complex litigation, including the prosecution of consumer

protection, defective product, and wage and hour class actions. I have served as co-lead counsel

on numerous multi-state and nationwide class actions. I also handle a variety of employment

issues including employment discrimination, restrictive covenant litigation, and pre-litigation

counseling and advice.

9. I received a B.A., magna cum laude, from Gonzaga University in 1990. In 1995,

I received my J.D. from the University of California, Davis School of Law, Order of the Coif.

Prior to forming TMLG in May 2008, I was a member of Tousley Brain Stephens PLLC. I am a

frequent speaker at legal conferences on a wide variety of topics including consumer class

actions, employment litigation, and electronic discovery, and I have been awarded an “AV”

rating in Martindale Hubble by my peers.

10. I am actively involved in several professional organizations and activities. For

example, I currently am an Eagle Member of the Washington State Association of Justice

(“WSAJ”), and have served as the Chair of its Consumer Protection Section. I am the current

Chair of the Washington Employment Lawyers Association and am President-elect of the

Public Justice Foundation’s Board of Directors. I also serve on the Foundation’s Executive and

Development Committees.

11. I have been repeatedly named to the annual Washington Super Lawyers list by

Washington Law & Politics Magazine. I have also been named to their Top 100 Washington

Super Lawyers list and their Top 50 Women Super Lawyers list.




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

Qualifications of Other TMLG Attorneys

12. Michael D. Daudt is a former founding member of TMLG. Mr. Daudt is a 1992

graduate of Boalt Hall School of Law, University of California, Berkeley, where he was a

member of the California Law Review. Mr. Daudt handles litigation covering class action, real

estate, construction, business, partnerships, insurance, and homeowner association issues. Mr.

Daudt is a member of the bars in Washington and California. Mr. Daudt was named a “Rising

Star” by Washington Law & Politics magazine from 2003 through 2005 and is rated “AV” in

Martindale Hubbell. Mr. Daudt is now the founding member of Daudt Law PLLC.

13. Adrienne D. McEntee is a member of TMLG. Ms. McEntee graduated from the

University of Washington School of Law in 2003, where she was a member of the Pacific Rim

Law and Policy Journal and Moot Court Honor Board. Prior to joining TMLG, Ms. McEntee

was a member of Tousley Brain Stephens PLLC, where she practiced for five years. Before

entering private practice, Ms. McEntee worked with the King County Prosecuting Attorney’s

Office, where she prosecuted a broad range of crimes. Ms. McEntee has tried approximately

fifty cases and has briefed, argued, and won cases before the Washington State Court of

Appeals. Since her admission to the bar, Ms. McEntee has been a member of the Washington

State Bar Association and Washington Women Lawyers’ Judicial Evaluation Committee. In

2018, Ms. McEntee was named to the Washington Super Lawyers list.

14. Erika L. Nusser is a member of TMLG. Ms. Nusser graduated from the

University of San Francisco School of Law, graduating in the top 25%. Ms. Nusser

concentrates her practice in complex litigation, including the prosecution of consumer, wage

and hour, and civil rights class actions. Ms. Nusser has tried and won cases in state and federal

courts and has also successfully briefed and argued cases before the Ninth Circuit Court of

Appeals and the Washington State Court of Appeals. Ms. Nusser was named to the annual

Rising Star list, from 2013 to 2018.




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

15. Bradley E. Neunzig is a former associate at TMLG and concentrated his practice

in personal injury, construction defect, storm water and drainage problems, civil rights,

municipal liability, and product liability. Prior to joining TMLG, Mr. Neunzig practiced law

with Karen Willie at the Law Offices of Karen Willie. Mr. Neunzig has arbitrated hundreds of

personal injury lawsuits and tried a wide range of cases in King, Snohomish, Skagit, Whatcom

and Island counties.

16. TMLG paralegal Jennifer J. Boschen and legal secretary Bradford Kinsey also

performed substantial legal services in connection with this case.

TMLG’s Class Action Practice

17. A substantial part of TMLG’s practice involves class actions brought on behalf

of consumers whose state and/or federal rights have been violated. We have litigated, certified,

and settled consumer class actions involving state consumer protection statutes, the Fair Debt

Collections Act, the Fair Credit Reporting Act, the Truth in Lending Act, and the Telephone

Consumer Protection Act, among others. We routinely sue large financial institutions such as

banks, mortgage companies, and mortgage brokers. TMLG attorneys have been appointed co-

lead class counsel numerous times, including in multi-district litigations. The TMLG Resume

(attached as Exhibit 1) provides details about the experience and qualifications of the attorneys

as well as representative cases. To date, our cases have returned tens, if not hundreds, of

millions of dollars to consumers nationwide and secured real, concrete practice changes that

prevent future violations.

The Prosecution of This Action

18. TMLG has invested numerous hours and advanced costs into the investigation

and prosecution of this case.

19. The following table lists the TMLG attorneys and professional personnel and

their current hourly rates. The hourly rate shown reflects the last rate that applied at the time of




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

their employment in that position. The chart also details the time each of these attorneys and

professional personnel worked on this case and their contribution to TMLG’s total lodestar:

NAME AND POSITION

DESCRIPTION OF WORK PERFORMED

RATE HOURS BILLED

TOTAL

ATTORNEYS

Beth E. Terrell

Founding Partner at Terrell Marshall Law Group PLLC

Reviewed and revised opposition to motion to dismiss; worked on motion practice related to request for judicial notice; argued motion to dismiss.

$725 15.0 $10,875.00

Adrienne D. McEntee

Partner at Terrell Marshall Law Group PLLC

Participated in mediation; reviewed settlement agreement and proposed attachments; drafted motion for preliminary approval, proposed orders, and notice documents; drafted motion for final approval and approval of fees, costs, and incentive awards; drafted final approval motion.

$575 13.6 $7,820.00

Michael D. Daudt

Former Partner at Terrell Marshall Law Group PLLC

Worked on discovery responses; worked on responses to Defendant’s request for a statement of damages; confirmation of joinder; analyzed legal issues relating to motion to dismiss.

$650 13.70 $8,905.00

Bradley E. Neunzig

Former Associate at Terrell Marshall Law Group PLLC

Attended hearing regarding pro hac vice admissions; reviewed and revised opposition to motion to dismiss; conducted research regarding the same; worked on discovery from defendant to plaintiffs; worked on discovery from plaintiffs to defendant; worked on confidentiality agreement; reviewed and analyzed client documents; reviewed defendant’s motion to dismiss.

$475 26.2 $12,445.00

Erika Nusser

Partner at Terrell Marshall Law Group PLLC

Revised response to motion to dismiss. $425 19.20 $8,160.00

PARALEGALS/LEGAL ASSISTANTS

Jennifer J. Boschen

Paralegal at Terrell Marshall Law Group PLLC

Worked on issues relating to document productions and communicated with potential class members.

$275 19.7 $5,417.50




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

NAME AND POSITION

DESCRIPTION OF WORK PERFORMED

RATE HOURS BILLED

TOTAL

Bradford Kinsey

Legal Assistant at Terrell Marshall Law Group PLLC

Drafted and revised pleadings; worked on discovery requests; served motions, pleadings and discovery-related documents; prepared and forwarded correspondence; worked on court filings.

$225 32.0 $7,200.00

TOTAL: 139.4 $60,822.50

20. TMLG sets its rates for attorneys and staff members based on a variety of

factors, including among others: the experience, skill, and sophistication required for the types

of legal services typically performed; the rates customarily charged in similar matters; and the

experience, reputation, and ability of the attorneys and staff members.

21. Our lodestar calculations are based on reasonable hourly rates. Indeed, courts

have routinely approved fee requests by TMLG that were based on these rates (or similar rates

in place at the time of application). A sample of cases in which the United States District Court

for the Western District of Washington and King County Superior Court have awarded fees

based on TMLG’s billing rates, and/or reimbursed costs as reasonable, are:

a. Carideo v. Dell, Inc., No. 06-cv-01772, ECF No. 162 (W.D. Wash. Dec.

17, 2010) (Judge Robart approving as reasonable a fee petition which

included rates ranging from $175 to $600);

b. Barnett v. Wal-Mart Stores, Inc., No. 01-2-24553-8 (King Co., July 20,

2009) (Judge Spector approving fee request based on rates ranging from

$100 to $760);

c. Splater v. Thermal Ease Hydronic Systems, Inc., No. 03-2-33553-3

(King Co., July 31, 2009) (Judge Washington approving fee request

based on rates ranging from $100 to $760);




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

d. Hartman v. Comcast Business Communications, LLC, No. 10-0413, ECF

No. 106 (W.D. Wash Dec. 8, 2011) (Judge Lasnik approving Plaintiff’s

counsel’s fee request based on rates ranging from $180 to $650).

22. I reviewed the billing records and reduced or eliminated time where necessary.

In addition to time billed by the above primary billers on this litigation, several other staff

persons assisted on the case when needed. I omitted time reported by timekeepers who spent

time on routine, purely clerical matters. In addition, I omitted time reported by timekeepers

who spent fewer than 10 hours on this matter.

23. TMLG has incurred $1,740.98 in expenses, as summarized below:

CATEGORY OF EXPENSE TOTAL

Courier/Personal Service $174.00

Filing Fees $30.00

Photocopies and Scans $501.50

Postage $22.88

Parking/Meal $12.16

Office Supplies $21.89

Electronic Research/Westlaw $978.55

TOTAL: $1,740.98

The Contingent Nature of the Action

24. TMLG prosecuted this matter on a purely contingent basis, agreeing to advance

all necessary expenses and that they would only receive a fee if there was a recovery. We have

invested considerable time and money prosecuting this action.

25. This matter has required TMLG to spend time on this litigation that could have

been spent on other matters. At various times during the litigation of this class action, this




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

lawsuit has consumed my time, along with the time of my partners, associates, paralegals, and

other staff. Such time could otherwise have been spent on other fee-generating work.

26. TMLG has always worked with no guarantee of being compensated for its time

and efforts in this case. Payment of TMLG’s fees has always been contingent on successfully

obtaining relief for Plaintiff and Class members. I always believed and understood there was a

substantial risk of non-payment. This belief and understanding was based upon past experience

in class actions cases, and particularly in other TCPA class actions.

27. Class Counsel negotiated the requested fees only after reaching agreement

regarding the benefits to Settlement Class Members. At all times, the parties engaged in arms-

length negotiations.

I declare under penalty of perjury under the laws of the United States of America and

the State of Washington that the foregoing is true and correct.

EXECUTED in Seattle, Washington, on this 8th day of October, 2018.

Beth E. Terrell, WSBA #26759

— EXHIBIT 1 —

DECLARATION OF BETH E. TERRELL IN SUPPORT OF PLAINTIFFS ... · 13. Adrienne D. McEntee is a member of TMLG. Ms. McEntee graduated from the University of Washington School of Law in

Documents