Opinion
Civil Action 19-cv-07989
08-26-2021
LARRY FRISBY, Plaintiff, v. SKY CHEFS, INC., Defendant.
DECLARATION OF CHRISTINA FOWLER REGARDING NOTICE AND SETTLEMENT ADMINISTRATION
DECLARATION OF CHRISTINA FOWLER
Christina Fowler, J.
I, CHRISTINA FOWLER, declare the following facts to be true and correct and if called as a witness would testify competently to the same:
1. I am employed as a Project Manager by Simpluris, Inc. (“Simpluris”), the settlement administrator in the above-entitled action. My business address is 3194-C Airport Loop Drive, Costa Mesa, CA 92626. My telephone number is (714) 640-5644. I am over 21 years of age and authorized to make this declaration on behalf of Simpluris and myself.
2. Simpluris is a Class Action Settlement Administration company headquartered in Costa Mesa, California. It was founded by individuals who have each managed hundreds of settlements along with professionals in the areas of software development, third-party claims administration, mail-house operations and call center support management.
3. Simpluris was appointed by the Court as Settlement Administrator to administer the settlement in accordance with the terms of the Class Action Settlement Agreement entered into by the parties on or about May 20, 2021, (the “Settlement Agreement”). Simpluris has been, and if the Court grants final approval of the Settlement, will be responsible for, among other things: (a) printing and mailing, in English the Notice of Proposed Settlement of Class action Lawsuit and Fairness Hearing (“Class Notice”) (b) receiving undeliverable Notice Packets; (c) receiving and validating requests for exclusion; (d) calculating individual settlement payments, distributing funds, and tax-reporting following final approval; (e) mailing settlement checks; (f) answering questions from Class Members; and (g) performing such other tasks necessary to effectuate the terms of the Settlement or as the Parties mutually agree or the Court orders Simpluris to perform.
4. A toll-free telephone number was included in the Class Notice for the purpose of allowing the Class Members to call Simpluris and to make inquiries regarding the Settlement. The system is accessible 24 hours a day, 7 days a week, and will remain in operation throughout the settlement process. Callers have the option to speak with a live call center representative in English and Spanish during normal business hours or to leave a message and receive a return call during non-business hours. The toll-free telephone number included in the Class Notice was 1-888-200-8580.
5. On May 20, 2021, Simpluris received the Court-approved Notice from Counsel. The Notice advised Class Members of their right to opt out from the Settlement, object to the Settlement, or do nothing, and the implications of each such action. The Notice advised Class Members of applicable deadlines and other events, including the Final Approval Hearing, and how Class Members could obtain additional information. The Notice was pre-printed with the name and address of the Class Member and their estimated payment. A sample Notice is attached hereto as Exhibit A.
6. On May 20, 2021, Counsel for Defendant provided Simpluris with a mailing list (“Class List”) containing the name, last known address, Social Security number, and pertinent employment information during the Class Period for the Class Members. The Class List contained data for two thousand one hundred five (2, 185) Class Members.
7. The mailing addresses contained in the Class List were processed and updated utilizing the National Change of Address Database (“NCOA”) maintained by the U.S. Postal Service. The NCOA contains changes of address filed with the U.S. Postal Service. In the event that any individual had filed a U.S. Postal Service change of address request, the address listed with the NCOA was utilized in connection with the mailing of the Notices.
8. On May 27, 2021, after updating the mailing addresses through the NCOA, Notices were mailed via First Class Mail to two thousand one hundred five (2, 185) Class Members contained in the Class List.
9. As of this date, two hundred thirty-six (236) Class Notices were returned by the post office. For those without forwarding addresses, Simpluris attempted to find a forwarding address using Accurint, a reputable research tool owned by Lexis-Nexis. Simpluris used the Class Member's name and previous address to locate a current address. Altogether, Simpluris re-mailed two hundred eight (208) Class Notices to either; a new forwarding address provided by the Post Office, a newfound address using Accurint, or a forwarding address provided by the Class. Ultimately, twenty-eight (28) Class Notice remains undeliverable because Simpluris was unable to find a deliverable address.
10. As of today, there are two thousand one hundred eighty-four (2, 184) Participating Class Members who will be paid their portion of the Net Settlement Amount, estimated to be $276,000. The Net Settlement Amount available to pay Participating Class Members was determined as follows:
Gross Settlement Fund:
$ 420, 000.00
Less Attorneys' Fees (Requested)
-$ 139, 000.00
Less Plaintiff Service Awards (Requested)
-$ 5, 000.00
NET SETTLEMENT FUND
$ 276, 000.00
The total average recovery under the settlement is approximately $126.26 and the total highest recovery is approximately $317.30.
11. As of this date, Simpluris has received one (1) request for exclusion from the Settlement. The one (1) valid request for exclusion represent 0.05% of the Settlement Class.
12. Class Members who wished to object were directed to file their objection with the Court and serve a copy of the objection on the attorneys for the parties. As of this date, Simpluris has not received any objections.
13. The most current weekly report is attached hereto as Exhibit B.
14. Simpluris' total costs for services in connection with the administration of this Settlement, including fees incurred and anticipated future costs for completion of the administration, are $12,000. Simpluris' work in connection with this matter will continue with the calculation of the settlement checks, issuance and mailing of those settlement checks, etc., and to do the necessary tax reporting on such payments.
I declare under penalty of perjury under the laws of the State of Illinois that the foregoing is true and correct. Executed this 20th of August, 2021 in Fort Worth, Texas.