1 Eric J. Benink, Esq. (SBN 187434) Benjamin T. Benumof, Esq. (SBN
1
4
Eric J. Benink, Esq. (SBN 187434) Benjamin T. Benumof, Esq. (SBN 227340) .Krause, Kalfayan, Benink & Slavens, LLP 550 West C Street, Suite 530 San Diego, CA 92101 Tel: (619) 232-0331 Fax: (619) 232-4019
5
Attorneys for Petitioner and Plaintiff
2 3
6 7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF RIVERSIDE - HISTORIC COURTHOUSE
10 11
J. JAMES MILO, an individual, on behalf of himself and all others similarly situated,
12
Petitioner and Plaintiff,
13
v.
14 15
COACHELLA VALLEY WATER DISTRICT, a county water district; and DOES 1-10,
16 Respondents and Defendants.
17
Case No.: PSC1600403 DECLARATION OF JASON M. STINEHART IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT
Date: Time: Dept.: Judge:
September 18, 2017 8:30 am. 10 Sharon J. Waters
18 19 20 21
I, Jason M. Stinehart, declare as follows: 1.
22 23 24 25 26 27 28
I am a Program Manager with Rust Consulting, Inc. ("Rust").
I have personal
knowledge of the facts stated below and if called upon, I could and would testify competently thereto. 2. Rust was engaged by Class Counsel in the above-entitled action to perform class administration work pursuant to a written proposal dated June 22, 2017. The proposal includes both flat fee and hourly fees depending on the tasks performed. My responsibilities in connection with that project have included: Stinehart Deel. ISO Final Approval
1
PSC1600403
1
• Draft claims processing procedures, including training and monitoring the claims
2
review staff
3
• Communicate with Class Counsel with updates and respond to questions
4
5 6
7
8 9
10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
• Receipt and validate claim forms and objection forms. 2. As of August 23, 2017, Rust has billed fees in the amount of $4,261.26 and expenses in the amount of $671.27 for a total of $4,932.53. Attached hereto as Exhibit A are the invoices reflecting the fees and costs from inception of the project through August 23, 2017 and time and expense records supporting the invoices. The work performed by Rust to date has included among other things, project management, establishing P.O. Box, communicating with Eric J. Benink, and receipting, processing, and tracking incoming claim forms and objection forms 3. A total of 4 objections forms were timely submitted to Rust and have been forwarded to Class Counsel Eric J. Benink.
I note that three of the objections were from the same
individual. 4. A total of 86 Claim Forms were timely submitted to Rust. Rust is charged with the responsibility of coordinating with Defendant Coachella Valley Water District to verify and/or clarify the claims and their amounts, establishing a Qualified Settlement Fund ("QSF"), and issuing refund checks from the QSF to Class Members who submitted timely claims. I estimate that the fees and expenses in connection with this work from August 24, 2017 through the completion of this project will be $9,081 as follows: •
Process and cure deficient claims - $356
•
Payment calculation and quality review - $925
•
Establish and monitor QSF activity - $1,650
•
Coordinate distribution, preparation and quality review of files - $1,600
•
Print and mail payments and process reissues - $950
•
System charges for per check banking activity and account reconciliation - $1,150
•
Annual tax reporting - $1,500
•
Project management and technical consulting - $950
28 Stinchart Deel. ISO Final Approval
2
PSC1600403
Thus, the total fees and expenses for this entire project are estimated to be $14,013.53. 2 3
4 5
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on August 28, 2017 in Minneapolis, MN
6 7
8 9 10
11
12 13 14
15 16 17
18 19 20
21
22 23 24
25 26 27
28 Stinehart Deel. ISO Final Approval
3
PSC1600403
Invoice
~
RUST ....
•
t i'
625 MARQUETTE AVENUE, SUITE 900 MINNEAPOLIS, MN 55402 P 612.359.2000 I F 612.359.2050
DATE: INVOICE#:
8/24/17 17-1808 5752 00
MATTER#:
WWW.RUSTCONSULTING.COM FEDERAL ID#: 41-1813634
TO:
Erik J. Benink, Esq. Krause Kalfayan Benink & Slavens, LLP 550 West C Street, Suite 530 San Diego, CA 92101 [email protected]
Class Data Management
$
Claim Forms
500.00 2,041.64
Project Management
834.17
Technical Consulting
885.45
Expenses & Other Charges
671.27
Total Due
WIRE INFORMATION ACCOUNT #: 8093434387 ABA/ROUTING #WIRE or ACH: 111014325 BANK: BANK OF TEXAS. DAllAS. TX 75225 BANK CONTACT: MAYRA LANDEROS 214.987.8817 REFERENCE: INVOICE NUMBER
PAYMENT MAILING ADDRESS PO BOX 142589
DRAWER #9051 IRVING, TX 75014-2589
$
4,932.53
PAYMENT TERMS: NET DUE UPON RECEIPT
~
RUST C O N S U L I IN.a
TRANSACTION DETAI~
VOLUME
DATE:
8/24/17
INVOICE#:
17-1808
MATTER#:
575100 TOTAL (S}
RATE (S)
Class Data Mana ement Receh-e and Process Database
SUBTOTAL
500
500.00 500.00
1.25 0.12
1,041.00 95.00 18.24
SUBTOTAL
887.40 2,041.64
HARD COPY CLAIM FORMS
Draft Claims Pmcedures, Training and Reports Receipt Imaging (2 Pages per Form)
76 152
VALIDATION /validate Claims
J
Inv# 171808 Date Aug 24, 2017 Client Number 5752
Re:
Benink
- Draft Claims Procedures Training Reports
575291
For Professional Services Rendered:
TIMEKEEPER Heather Schandorff
HAR
Jason Stinehart
JMS
RATE
HOURS
FEES
187.00 212.00
5.00
935.00 106.00
a.so
Total Fees:
1, 041.00
06/30/17 07/13/17
HAR HAR
07/H/17 07/17/17 07/18/17
HAR
07/19/17
HAR
07/24/17 07/25/17
HAR HAR
07/25/17 08/01/17 08/07/17 08/10/17 08/15/17
HAR HAR
Client Inquiries & Reporting Project Implementation & Administration Pre-Matter Planning Conference Calls/Project Meetings Project Implementation & Administration Project Implementation & Administration
Conference Calls/Project Meetings Project Implementation & Admini st rat ion HAR Project Implementation Admini st rat ion HAR Project Implementation & Administration JMS Client Inquiries & Reporting HAR Project Implementation & Administration HAR Project Implementation &
0.25 0. 75
46.75 140.25
0.75 1.00 0.25
140.25 187.00 46.75
0.25
46.75
a.so
0.25
46.75 93.50
0.25
46. 75
0.25
46.75
0.50 0.25
106.00 46.75
0.25
46.75
Administration
Total Services
1,041.00
Total E>
4
Eric J. Benink, Esq. (SBN 187434) Benjamin T. Benumof, Esq. (SBN 227340) .Krause, Kalfayan, Benink & Slavens, LLP 550 West C Street, Suite 530 San Diego, CA 92101 Tel: (619) 232-0331 Fax: (619) 232-4019
5
Attorneys for Petitioner and Plaintiff
2 3
6 7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF RIVERSIDE - HISTORIC COURTHOUSE
10 11
J. JAMES MILO, an individual, on behalf of himself and all others similarly situated,
12
Petitioner and Plaintiff,
13
v.
14 15
COACHELLA VALLEY WATER DISTRICT, a county water district; and DOES 1-10,
16 Respondents and Defendants.
17
Case No.: PSC1600403 DECLARATION OF JASON M. STINEHART IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT
Date: Time: Dept.: Judge:
September 18, 2017 8:30 am. 10 Sharon J. Waters
18 19 20 21
I, Jason M. Stinehart, declare as follows: 1.
22 23 24 25 26 27 28
I am a Program Manager with Rust Consulting, Inc. ("Rust").
I have personal
knowledge of the facts stated below and if called upon, I could and would testify competently thereto. 2. Rust was engaged by Class Counsel in the above-entitled action to perform class administration work pursuant to a written proposal dated June 22, 2017. The proposal includes both flat fee and hourly fees depending on the tasks performed. My responsibilities in connection with that project have included: Stinehart Deel. ISO Final Approval
1
PSC1600403
1
• Draft claims processing procedures, including training and monitoring the claims
2
review staff
3
• Communicate with Class Counsel with updates and respond to questions
4
5 6
7
8 9
10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
• Receipt and validate claim forms and objection forms. 2. As of August 23, 2017, Rust has billed fees in the amount of $4,261.26 and expenses in the amount of $671.27 for a total of $4,932.53. Attached hereto as Exhibit A are the invoices reflecting the fees and costs from inception of the project through August 23, 2017 and time and expense records supporting the invoices. The work performed by Rust to date has included among other things, project management, establishing P.O. Box, communicating with Eric J. Benink, and receipting, processing, and tracking incoming claim forms and objection forms 3. A total of 4 objections forms were timely submitted to Rust and have been forwarded to Class Counsel Eric J. Benink.
I note that three of the objections were from the same
individual. 4. A total of 86 Claim Forms were timely submitted to Rust. Rust is charged with the responsibility of coordinating with Defendant Coachella Valley Water District to verify and/or clarify the claims and their amounts, establishing a Qualified Settlement Fund ("QSF"), and issuing refund checks from the QSF to Class Members who submitted timely claims. I estimate that the fees and expenses in connection with this work from August 24, 2017 through the completion of this project will be $9,081 as follows: •
Process and cure deficient claims - $356
•
Payment calculation and quality review - $925
•
Establish and monitor QSF activity - $1,650
•
Coordinate distribution, preparation and quality review of files - $1,600
•
Print and mail payments and process reissues - $950
•
System charges for per check banking activity and account reconciliation - $1,150
•
Annual tax reporting - $1,500
•
Project management and technical consulting - $950
28 Stinchart Deel. ISO Final Approval
2
PSC1600403
Thus, the total fees and expenses for this entire project are estimated to be $14,013.53. 2 3
4 5
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on August 28, 2017 in Minneapolis, MN
6 7
8 9 10
11
12 13 14
15 16 17
18 19 20
21
22 23 24
25 26 27
28 Stinehart Deel. ISO Final Approval
3
PSC1600403
Invoice
~
RUST ....
•
t i'
625 MARQUETTE AVENUE, SUITE 900 MINNEAPOLIS, MN 55402 P 612.359.2000 I F 612.359.2050
DATE: INVOICE#:
8/24/17 17-1808 5752 00
MATTER#:
WWW.RUSTCONSULTING.COM FEDERAL ID#: 41-1813634
TO:
Erik J. Benink, Esq. Krause Kalfayan Benink & Slavens, LLP 550 West C Street, Suite 530 San Diego, CA 92101 [email protected]
Class Data Management
$
Claim Forms
500.00 2,041.64
Project Management
834.17
Technical Consulting
885.45
Expenses & Other Charges
671.27
Total Due
WIRE INFORMATION ACCOUNT #: 8093434387 ABA/ROUTING #WIRE or ACH: 111014325 BANK: BANK OF TEXAS. DAllAS. TX 75225 BANK CONTACT: MAYRA LANDEROS 214.987.8817 REFERENCE: INVOICE NUMBER
PAYMENT MAILING ADDRESS PO BOX 142589
DRAWER #9051 IRVING, TX 75014-2589
$
4,932.53
PAYMENT TERMS: NET DUE UPON RECEIPT
~
RUST C O N S U L I IN.a
TRANSACTION DETAI~
VOLUME
DATE:
8/24/17
INVOICE#:
17-1808
MATTER#:
575100 TOTAL (S}
RATE (S)
Class Data Mana ement Receh-e and Process Database
SUBTOTAL
500
500.00 500.00
1.25 0.12
1,041.00 95.00 18.24
SUBTOTAL
887.40 2,041.64
HARD COPY CLAIM FORMS
Draft Claims Pmcedures, Training and Reports Receipt Imaging (2 Pages per Form)
76 152
VALIDATION /validate Claims
J
Inv# 171808 Date Aug 24, 2017 Client Number 5752
Re:
Benink
- Draft Claims Procedures Training Reports
575291
For Professional Services Rendered:
TIMEKEEPER Heather Schandorff
HAR
Jason Stinehart
JMS
RATE
HOURS
FEES
187.00 212.00
5.00
935.00 106.00
a.so
Total Fees:
1, 041.00
06/30/17 07/13/17
HAR HAR
07/H/17 07/17/17 07/18/17
HAR
07/19/17
HAR
07/24/17 07/25/17
HAR HAR
07/25/17 08/01/17 08/07/17 08/10/17 08/15/17
HAR HAR
Client Inquiries & Reporting Project Implementation & Administration Pre-Matter Planning Conference Calls/Project Meetings Project Implementation & Administration Project Implementation & Administration
Conference Calls/Project Meetings Project Implementation & Admini st rat ion HAR Project Implementation Admini st rat ion HAR Project Implementation & Administration JMS Client Inquiries & Reporting HAR Project Implementation & Administration HAR Project Implementation &
0.25 0. 75
46.75 140.25
0.75 1.00 0.25
140.25 187.00 46.75
0.25
46.75
a.so
0.25
46.75 93.50
0.25
46. 75
0.25
46.75
0.50 0.25
106.00 46.75
0.25
46.75
Administration
Total Services
1,041.00
Total E>
