HON. BETH ANDRUS
Noted for: February 11, 2013
Without Oral Argument

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IN THE SUPERIOR COURT OF WASHINGTON
FOR KING COUNTY

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SANDY JUDD, TARA HERIVEL, and
COLUMBIA LEGAL SERVICES, for
themselves, and on behalf of all similarly
situated persons,

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Plaintiffs,

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v.
AMERICAN TELEPHONE AND
TELEGRAPH COMPANY and
T-NETIX, INC.,

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Defendants.

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NO. 00-2-17565-5 SEA
CLASS ACTION
DECLARATION OF RICHARD E.
SPOONEMORE IN SUPPORT OF
INTERLATA AND INTRALATA
CLASSES UNOPPOSED MOTION FOR:
(1) PRELIMINARY APPROVAL OF
SETTLEMENT AGREEMENT;
(2) PRELIMINARY APPROVAL OF PLAN
OF ALLOCATION;
(3) DIRECTIVE TO SEND NOTICE; AND
(4) ESTABLISHMENT OF FINAL
APPROVAL HEARING

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Richard E. Spoonemore declares under penalty of perjury as follows:

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1.

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I am one of the attorneys representing plaintiffs and the classes in

this matter. The facts stated in this declaration are based on my personal knowledge.
2.

The Settlement Agreement between the AT&T Call Classes and

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AT&T was only arrived at after lengthy and protracted negotiations. Class Counsel

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and AT&T participated in mediation in Boston on August 29, 2012 with Professor Eric

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D. Green, a mediator with a national reputation.

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unproductive, with the parties far apart. At the time of that mediation, there were a

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number of motions pending by both parties and it became clear that the respective

Those discussions were

SIRIANNI YOUTZ SPOONEMORE
DECLARATION OF RICHARD E. SPOONEMORE – 1

999 THIRD AVENUE, SUITE 3650
SEATTLE, WASHINGTON 98104
TEL. (206) 223-0303 FAX (206) 223-0246

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sides had sharply different perspectives about the merits of the motions. After those

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motions were resolved, Class Counsel broached the subject of returning to mediation

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with AT&T’s counsel. On January 4, 2013, after a hearing on motions in limine, AT&T’s

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counsel asked to speak with Class Counsel. In a hallway meeting, AT&T’s counsel

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suggested that AT&T was willing to talk, but wanted to do so directly without a

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mediator. Numbers were exchanged early the following week, but the discussions

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again stalled and the parties spoke about enlisting the assistance of a neutral. Professor

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Green had limited availability to become reengaged in the process – just two hours on

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the Tuesday before trial – but Judge Edward Infante (ret.), a mediator based in

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California with a nationwide reputation for resolving difficult disputes, had a last-

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minute cancellation. The parties flew to Los Angeles for a mediation on January 14,

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2013. Although that mediation failed as well, some progress was made. Judge Infante

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re-engaged the parties on January 18, 2013 with no success. Finally, on January 21 – the

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day before trial – Judge Infante made a mediator’s proposal at $45,000,000. It was

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accepted by both parties late in the day on January 21. Trial was pushed back a day

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while the parties discussed the other terms of the agreement. A CR 2A agreement

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signed on January 22, 2013.

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3.

The settlement amount falls midway between the damage analysis

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prepared by the Classes’ expert ($57M) and AT&T’s experts ($33M). Given the size of

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the settlement amount, the number of class members and the time span, we expect that

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all class members submitting claims will receive the maximum amount of their

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entitlement even after the payment of attorney fees, expenses, and case contribution

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awards to Sandy Judd, Tara Herivel and Columbia Legal Services.

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anticipate that substantial funds will be available as “residual funds” for cy pres

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distribution.).

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4.

(In fact, we

I have practiced in the class action field for nearly 20 years. I am

“AV” rated by Martindale-Hubbell and was named a “Super Lawyer” by WASHINGTON
SIRIANNI YOUTZ SPOONEMORE
DECLARATION OF RICHARD E. SPOONEMORE – 2

999 THIRD AVENUE, SUITE 3650
SEATTLE, WASHINGTON 98104
TEL. (206) 223-0303 FAX (206) 223-0246

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LAW

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“WASHINGTON TOP 100” “Super Lawyer” list in 2011 with respect to total votes

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received. Over the just the past ten years, I have been designated as lead class counsel

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in class actions involving more than one million class members. My class action work

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has been noted by a number of courts across the country. See, e.g., McCluskey v. Trustees

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of Red Dot Corp., 268 F.R.D. 670, 678 (W.D. Wash. 2010) (noting my extensive experience

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in class actions, and stating that it was “confident” in my ability to fairly and

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adequately represent the class); Stanford v. Foamex, 263 F.R.D. 156, 171 (E.D. Penn. 2009)

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(Mr. Spoonemore as class counsel: “the court finds … that plaintiff’s attorneys are

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qualified, experienced, and able to pursue the legal interest of the entire proposed class

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…. Plaintiff’s counsel have ample experience and have enjoyed considerable success in

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ERISA litigation [and] class action litigation …”). I believe that the settlement is an

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exceptional result for the class, and strongly recommend that it be approved.

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DATED: February 1, 2013, at Seattle, Washington.

AND

POLITICS in 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012. I was on the

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/s/ Richard E. Spoonemore
Richard E. Spoonemore (WSBA #21833)

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SIRIANNI YOUTZ SPOONEMORE
DECLARATION OF RICHARD E. SPOONEMORE – 3

999 THIRD AVENUE, SUITE 3650
SEATTLE, WASHINGTON 98104
TEL. (206) 223-0303 FAX (206) 223-0246

CERTIFICATE OF SERVICE

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I certify, under penalty of perjury and in accordance with the laws of the

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State of Washington, that on February 1, 2013, I caused a copy of the foregoing

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document to be served on all counsel of record in the manner shown and at the

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addresses listed below:

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Bradford Axel
STOKES LAWRENCE, P.S.
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101
Attorneys for AT&T

[x] By Email
bradford.axel@stokeslaw.com
deborah.messer@stokeslaw.com

Charles H.R. Peters
David C. Scott
Brian L. Josias
SCHIFF HARDIN LLP
233 S. Wacker Drive, Suite 6600
Chicago, IL 60606
Attorneys for AT&T

[x] By Email
cpeters@schiffhardin.com
dscott@schiffhardin.com
bjosias@schiffhardin.com

Don Paul Badgley
Donald H. Mullins
Duncan C. Turner
BADGLEY-MULLINS LAW GROUP PLLC
701 Fifth Avenue, Suite 4750
Seattle, WA 98104
Attorneys for T-Netix

[x] By Email
donbadgley@badgleymullins.com
donmullins@badgleymullins.com
duncanturner@badgleymullins.com
climon@badgleymullins.com

Stephanie A. Joyce
ARENT FOX LLP
1717 K Street, NW
Washington, DC 20036
Attorneys for T-Netix

[x] By Email
joyce.stephanie@arentfox.com

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DATED: February 1, 2013, at Seattle, Washington.
/s/ Chris R. Youtz
Chris R. Youtz (WSBA #7786)

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SIRIANNI YOUTZ SPOONEMORE
DECLARATION OF RICHARD E. SPOONEMORE – 4

999 THIRD AVENUE, SUITE 3650
SEATTLE, WASHINGTON 98104
TEL. (206) 223-0303 FAX (206) 223-0246