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Sergei Lemberg, Esq. (Admitted in NY, MA, CT, PA, GA) – PrincipalJody B. Burton, Esq. (Admitted in CT, NY, PA, DC)Stephen Taylor, Esq. (Admitted in CT, NY)Vlad Hirnyk, Esq. (Admitted in CT, NY)Joshua Markovits, Esq. (Admitted in NY)Spencer H. Kuhner, Esq. (Admitted in NY, NJ)Of CounselTrinette G. Kent, Esq. (Admitted in AZ, CA)Sofia Balile, Esq. (Admitted in NY, NJ)Amy L. Cueller, Esq. (Admitted in IN, WI)Curtis R. Hussey, Esq. (Admitted in AL, MS, UT)
Main Office 43 Danbury Road, Wilton, Connecticut 06897 T 203.653.2250 F. 203.653.3424 www.lemberglaw.com
October 6, 2020
VIA FEDEX
Norfolk County Superior CourtCivil Clerk’s Office650 High StreetDedham, MA 02026
RE: Gero v. ADT LLC; No. 1982CV01424
Dear Sir/Madam:
Enclosed for filing in the above-captioned matter please find Plaintiff’s SupplementalInformation Regarding Plaintiff’s Motion for an Award of Attorneys’ Fees and Expenses and theaccompanying Declaration of Stephen Taylor.
Sincerely,
/s/ Stephen TaylorStephen Taylor
cc: Counsel for Defendant
COMMONWEALTH OF MASSACHUSETTS
County of Norfolk
The Superior Court
______________________________________
Benjamin Gero, on behalf of himself and all
others similarly situated,
Plaintiff,
v.
ADT LLC d/b/a ADT Security Systems,
Defendant.
______________________________________
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Civil Docket No.: 1982CV01424
SUPPLEMENTAL INFORMATION REGARDING PLAINTIFF’S MOTION FOR AN
AWARD OF ATTORNEYS’ FEES AND EXPENSES
Plaintiff Benjamin Gero (“Plaintiff”) respectfully submits this supplement in response to the
Court’s October 1, 2020, Request for Additional Information (the “Request”) regarding Plaintiff’s
Motion for an Award of Attorneys’ Fees and Expenses (the “Fee Petition”). The Request sought
additional information concerning (1) the manner, means and time period allowed for persons to lodge
any comment or objection on the Fee Petition and (2) a “court mediation fee” of $3.354.20 listed as
one of Plaintiff’s counsel’s expenses. Plaintiff addresses each as follows:
I. NOTICE REGARDING THE FEE PETITION AND REQUEST
Settlement Class Members were notified that Class Counsel would seek a fee and expense
award in multiple ways and the entire Fee Petition submitted to the Court was posted on the Settlement
Website, www.GeroClass.com, on September 4, 2020.1
First, Settlement Class Members were notified that counsel would seek up to 1/3 of the
Settlement Fund in the Postcard Notice. Pursuant to the July 7, 2020, Preliminary Approval Order
1 The Request and this supplemental will also be posted to the Settlement Website.
regarding “Class Notice” (pg. 4), on August 7, 2020, the class administrator, KCC, mailed the
Postcard Notice to Settlement Class Members. (Taylor Declaration ¶ 4).2 A copy of the Postcard
Notice is attached as Exhibit A to the Declaration of Stephen Taylor. Therein, members were
informed they had a right to object to the settlement and that counsel would request “up to 33%” of
the Settlement Fund in fees and expenses. (Taylor Decl. Ex. A (“Your Other Rights”).
Second, as advised in several places in the Postcard Notice, class members could go to the
Settlement Website, www.GeroClass.com, for additional information and important documents. Id.
There, on the homepage, members were immediately advised that “A Settlement Fund of
$1,347,580.00 has been established to pay valid claims, attorneys’ fees, costs, any incentive award to
the Class Representative” and also that they had a right to object with the deadline to do so. Id. They
were also directed to the Long Form Notice (by hyperlink at the bottom of the page and in the “Case
Documents” page). Id. In the Long Form Notice, members were provided additional detail that class
counsel would seek up to 33% of the fund in fees and expenses and how and when members could
object.3 (Long Form Notice sections 5, 9, 10). This same information was provided in the Frequently
Asked Questions section of the Settlement Website.4
Third, pursuant to the Preliminary Approval Order regarding “Further Papers in Support of
Settlement” (pg. 5), on September 4, 2020, Plaintiff moved for fees and expenses. (Taylor Decl. ¶¶
5-6). This was thirty-three days before the objection deadline of October 7, 2020. As can be seen
from the letter cover page to the motion5, the motion was inadvertently sent to Suffolk Superior Court
2 In advance of the November 17, 2020, Final Approval Hearing, Plaintiff will be filing a motion for
final approval which will contain a declaration from KCC providing more detail on the notice
process. 3 http://www.geroclass.com/media/2938516/v6_ado_notice_080320_final.pdf (the Long Form
Notice). 4 http://www.geroclass.com/frequently-asked-questions.aspx. 5 http://www.geroclass.com/media/2976237/motion_for_attorneys_fees_and_costs.pdf.
rather Norfolk Superior Court. It was then returned to Plaintiff and properly filed with this Court.
(Taylor Decl. ¶ 6). However, this filing error did not prejudice any class member in any way as the
entire Fee Request was posted to the Settlement Website on September 4, 2020, for members to
review. (Taylor Decl. ¶¶ 5 & 7).
Thus, in response to the Court’s first informational inquiry, Settlement Class Members were
informed that Class Counsel would request up to 33% of the fund in fees and expenses, and their right
to object, through direct mail, through publication at the website and additional information in the
Long Form Notice. When the full Fee Request was filed it was immediately placed on the Settlement
Website for Class Members to review, scrutinize and object if any choose to do so.
Regarding the amount of time provided, Settlement Class Members had sixty days to consider
the more simply stated information that Class Counsel will seek “up to 33%” of the Settlement Fund
in fees and expenses. They then had thirty-three days to consider the entire Fee Request posted on
the Settlement Website.
Plaintiff respectfully submits that every reasonable step was taken to timely apprise Settlement
Class Members of the terms of the settlement, the amount sought in fees, the particulars of the Fee
Request, and members’ right to object.
II. THE $3,354.20 COURT MEDIATION FEE REFERS TO THE FEE PAID JAMS
MEDIATION
The $3,354.20 “court mediation fee” expense, listed in Exhibit A to the Declaration of Sergei
Lemberg for December 17, 2019, refers to the fee paid by Class Counsel to JAMS mediation in Boston
through which the Parties mediated. A copy of the JAMS invoice from December 17, 2019, is
attached as Exhibit B to the Declaration of Stephen Taylor.
The Court will note that, on the expenses submitted, there were two entries for “Court
mediation fee” on 12/17/2019, one for $220.80 and one for $3,354.20. The sum of those payments
equals the amount of the JAMS invoice, $3,575.00. Class Counsel’s bookkeeper simply recorded the
transactions internally as a “court mediation fee.” The Court will also note that on July 2, 2020, JAMS
refunded $220.80 (Lemberg Decl. Ex A), and such amount was deducted from Class Counsel’s
balance of expenses.
Dated: October 6, 2020 Respectfully Submitted,
/s/ Stephen Taylor
Sergei Lemberg (BBO#650671)
Stephen Taylor (PHV)
Lemberg Law, LLC
43 Danbury Road
Wilton, CT 06897
Tel: (203) 653-2250
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on October 6, 2020, I served a true and accurate copy of the foregoing to
counsel of record by email.
/s/ Stephen Taylor
Stephen Taylor
COMMONWEALTH OF MASSACHUSETTS
County of Norfolk
The Superior Court
______________________________________
Benjamin Gero, on behalf of himself and all
others similarly situated,
Plaintiff,
v.
ADT LLC d/b/a ADT Security Systems,
Defendant.
______________________________________
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Civil Docket No.: 1982CV01424
DECLARATION OF STEPHEN TAYLOR
I, Stephen Taylor, under penalty of perjury under the laws of the United States of America,
affirm and state as follows:
1. I am a partner at Lemberg Law, LLC, of Wilton, Connecticut and counsel for the
Plaintiff in the above-captioned matter, Benjamin Gero. Unless otherwise stated, I have personal
knowledge of the following facts, and if called and sworn as a witness, could and would
competently testify thereto.
2. I have extensive experience in class action litigation and have been certified as class
counsel in numerous cases. See, e.g., Carlson v. Target Enter., Inc., 2020 WL 1332839 (D. Mass.
Mar. 23, 2020) (final approval of class action settlement for alleged violations of Chapter 93A and
940 C.M.R. § 7.04(1)(f)); Johnson v. Comodo Grp., Inc., 2020 WL 525898, at *1 (D.N.J. Jan. 31,
2020) (contested class certification decision in TCPA action); Lavigne v. First Community
Bancshares, Inc., et al., 2018 WL 2694457, at *5 (D.N.M. June 5, 2018) (certifying TCPA class
action and appointing undersigned as class counsel); Munday v. Navy Federal Credit Union, ECF
No. 60, 15-cv-01629 (C.D. Cal., July 14, 2017) (final approval of class settlement of $2.75MM in
TCPA action); Brown v. Rita’s Water Ice Franchise Co. LLC, No. CV 15-3509, 2017 WL 1021025,
at *1 (E.D. Pa. Mar. 16, 2017) (final approval of class settlement of $3MM common fund in TCPA
action); Vinas v. Credit Bureau of Napa County Inc., Dkt. No. 112, 14-cv-3270 (D. Md. February
22, 2017) (order granting final approval of FDCPA class action settlement); Duchene v. Westlake
Servs., LLC, No. 2:13-CV-01577-MRH, 2016 WL 6916734 (W.D. Pa. July 14, 2016) (final
approval of class settlement of $10MM in TCPA action); Oberther v. Midland Credit Management,
Doc. No. 90, 14-cv-30014 (D. Ma. July 13, 2016) (order granting final approval of FDCPA class
action settlement); Butto v. Collecto, Inc., 290 F.R.D. 372 (E.D.N.Y. 2013) (certifying FDCPA
class action); Seekamp v. It’s Huge, Inc., 2012 WL 860364 (N.D.N.Y. Mar. 13, 2012) (certifying
auto fraud class action); Zimmerman v. Portfolio Recovery Assoc., LLC, 276 F.R.D. 174 (S.D.N.Y.
2011) (certifying FDCPA class action).
3. I submit this declaration in response to the Court’s October 1, 2020, Request for
Additional Information regarding Plaintiff’s Motion for an Award of Attorneys’ Fees and Expenses
(the “Fee Petition”).
4. Pursuant to the class notice plan approved by the Court and the July 7, 2020,
Preliminary Approval Order, on August 7, 2020, the class administrator, KCC, mailed the Postcard
Notice to Settlement Class Members. A copy of the Postcard is attached hereto as Exhibit A.
5. On September 4, 2020, Plaintiff posted the Motion for Attorneys’ Fees and Expenses
on the Settlement Website for class members to review and scrutinize.
6. Inadvertently, the Motion was sent to Suffolk Superior Court for filing. The Motion
was returned to us and then we properly filed it in Norfolk Superior Court.
7. At the time the Motion was posted on the Settlement Website, Settlement Class
Members had thirty-three days, up to October 7, 2020, within which to object to the settlement.
8. Attached as Exhibit B is a true and correct copy of a December 17, 2019, invoice
from JAMS mediation in Boston billed to and paid by my office as Plaintiff’s share in the mediation
costs. This charge represents the “Court mediation fee” entries listed on our expense report.
Dated: October 6, 2020 /s/ Stephen Taylor
Stephen Taylor
Exhibit A
Claim ID or Phone Number called:
Address (only if different from below):
City: State: ZIP:
Current Phone Number (optional):
— —Email (optional):
Certification
By signing and submitting this Claim Form, I certify and affirm that the information I am providing is true and correct to the best of my knowledge and belief, I am over the age of 18, and between November 5, 2015 and July 9, 2020, I received two or more debt collection calls in a seven-day period from ADT LLC d/b/a ADT Security Services or Protection One Alarm Monitoring, Inc.
Signature Date (mm/dd/yyyy)
*BARCODE* <<ClaimID>>
«FirstNAME» «LastNAME»«Addr1» «Addr2»«City», «State»«FProv» «Zip»«FZip»
2D
Claim FormIf you wish to claim your share of the Settlement Fund, please complete, sign, and return this Settlement Claim Form or submit an Online Claim Form.
You must complete and submit a Claim Form postmarked by October 7, 2020. To receive your share, you may submit a Claim Form online at www.GeroClass.com or by completing and submitting this Claim Form. The final amount per Class Member will depend on the total number of valid Claim Forms received. To complete this form, provide the information below and execute the certification.
Gero v. ADT LLC d/b/a ADT Security Systems Settlement Administratorc/o KCC Class Action ServicesP.O. Box 43501Providence, RI 02940-3501
ADO
NOTICE FROM SUPERIOR COURT OF THE COMMONWEALTH OF MASSACHUSETTS
(not a lawyer solicitation)Gero v. ADT LLC d/b/a ADT Security Systems
Case No. 1982CV01424
A settlement has been reached in a class action lawsuit alleging that ADT Security Services (“ADT”) violated the law by placing in excess of two telephone calls in a seven-day period to Massachusetts consumers to collect a debt. Records show that you may be a Class Member and may be entitled to payment under the Settlement Agreement reached in the case.
A Settlement Fund of $1,347,580.00 has been established. Each Class Member is entitled to one equal share of the fund after any attorneys’ fees and costs, any Service Award to the Class Representative, and settlement administration costs are deducted from the fund. The final cash payment for each Class Member will depend on the total number of valid and timely claims filed by all Class Members. Your legal rights are affected whether you act or don’t act, so read this notice carefully.
This Postcard Notice contains limited information about the settlement. For more information or to submit an online Claim Form, visit www.GeroClass.com.
<<B<<C<<<<<Postal Service: Please Do Not Mark Barcode
ADO-«Claim8»-«CkDig»
Claim ID: «Claim8» Pin: «PIN»
«FirstNAME» «LastNAME»«Addr1» «Addr2»«City», «State»«FProv» «Zip»«FZip»«FCountry»
Benjamin Gero v. ADT LLC d/b/a ADT Security Systems, Case No. 1982CV01424 (Norfolk County Superior Court)
THIS CARD PROVIDES LIMITED INFORMATION ABOUT THE SETTLEMENT. VISIT WWW.GEROCLASS.COM FOR MORE INFORMATION.
In the lawsuit, the Plaintiff alleges that ADT violated the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A § 1, et seq. (“MCPA”), and Massachusetts Debt Collection Regulations, 940 Mass. Code Regs. § 7.00, et seq. (“MDCR”), by placing in excess of two calls regarding a debt within a seven-day period to Plaintiff and other Massachusetts consumers. ADT denies any wrongdoing, and specifically denies that it violated the MCPA, the MDCR, or any other law. The Parties have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of further litigation. You can read Plaintiff’s Complaint, the Settlement Agreement, and other case documents, and submit a Claim Form at www.GeroClass.com.
Who’s Included in the Settlement Class? All persons residing in the Commonwealth of Massachusetts to whom, within four years prior to the filing of this action, ADT placed in excess of two telephone calls regarding a debt or alleged debt within a seven-day period to their residence, cellular telephone, or other provided telephone number.
What Can You Get? Class Members who submit a valid and timely Claim Form are entitled to one share from the Settlement Fund. The final cash payment will depend on the total number of valid and timely claims filed by all Class Members. Each claiming Class Member will be entitled to an equal share of the Settlement Fund ($1,347,580.00), after deductions from the fund for administrative costs, attorneys’ fees and expenses, and any Service Award to the Class Representative (Benjamin Gero). The final cash payment will depend on the total number of valid and timely claims filed by all Class Members and the fees, costs and Service Award approved by the Court. The settlement is explained in detail in the Full Notice and in the Settlement Agreement available at www.GeroClass.com.
How to Get Money? To obtain payment, you must submit a valid Claim Form to P.O. Box 43501, Providence, RI 02940-3501 or submit an Online Claim Form by October 7, 2020.
Your Other Rights. You may object to the settlement by October 7, 2020. The Full Notice, located at the website listed below, explains how to object to the settlement. The Court will hold a hearing in this case on November 17, 2020 at 2:00 P.M. to consider whether to approve the settlement, plan of allocation, a Service Award to the Class Representative of up to $10,000.00, and a request by the lawyers representing all Class Members for fees of up to 33% of the Settlement Fund and for reimbursement of expenses for litigating the case and negotiating the settlement. You may attend the hearing and ask to be heard by the Court, but you do not have to.
For more information, call 1-844-799-2416 or visit www.GeroClass.com. Do not contact the Court, Defendant, or its counsel with questions.
Gero v. ADT LLC d/b/a ADT Security Systems Settlement Administratorc/o KCC Class Action ServicesP.O. Box 43501Providence, RI 02940-3501
ADO
PlaceStampHere
Exhibit B
DEPOSIT REQUESTInvoice Date12/17/2019
Invoice Number5079282
Unused deposits will not be refunded until the conclusion of the case. If the case cancels or continues, fees are due per our cancellation and continuance policy. Please make checks payable to JAMS, Inc. Payment is due upon receipt.
Click here to payStandard mail: Overnight mail:
P.O. Box 845402 18881 Von Karman Ave. Suite 350Los Angeles, CA 90084 Irvine, CA 92612
Printed on 1/16/2020 / 1400018223 - Rep# 1 1 of 1
Bill To: Mr. Stephen Taylor Esq.Lemberg Law LLC43 Danbury Rd.Wilton, CT 06897US
Reference #:Billing Specialist:Email:Telephone:Employer ID:
1400018223 - Rep# 1Mindiola, [email protected]
RE: Gero, Benjamin, et al. vs. ADT LLC d/b/a ADT Security Systems Neutral(s): Hon. Stephen Neel Ret.
Representing: Benjamin Gero, behalf of himself/others similarly situated
Hearing Type: MEDIATION CJJ
Date / Time Description YourShare
12/17/19 Hon. Stephen E Neel (Ret.) Deposit for services: To be applied to professional time (session time, pre and post session reading, research, preparation, conference calls, travel, etc.), expenses, and case management fees. Failure to pay the deposit by the due date may result in a delay in service or cancellation of the session. With the exception of non-refundable fees, (Please review the Neutral's fee schedule regarding case management fee and cancellation policies), any unused portion of this deposit will be refunded at the conclusion of the case.
$ 3,575.00
Total Billed: $ 3,575.00
Total Payment: $ 0
Balance: $ 3,575.00