Case 2:11-cv-01985-MJP Document 65 Filed 04/24/13 Page 1 of 20 · No. 2:11-cv-01985-MJP DECLARATION...

Case 2:11-cv-01985-MJP Document 65 Filed 04/24/13 of 20

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Declaration of Krista Tittle for Simpluris, Inc. , the Appointed Claims Administrator

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THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

IN RE STARBUCKS CONSUMER LITIG. )

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No. 2:11-cv-01985-MJP

DECLARATION OF KRISTA TITTLE,

FOR SIMPLURIS, INC., APPOINTED

CLAIMS ADMINISTRATOR

I, KRISTA TITTLE, hereby declare:

1. I am employed as a Case Manager by Simpluris, Inc. (“Simpluris”) the claims

administrator appointed by the Court in the above-entitled action. Our Corporate Office address

is 3176 Pullman Street, Suite 123, Costa Mesa, CA 92626. My telephone number is (714) 824-

8590. I am over twenty-one years of age and am authorized to make this declaration on behalf of

Simpluris and myself.

2. Simpluris, Inc. is a Class Action Settlement Administration company located in

Costa Mesa, CA. It was founded by individuals who have each managed hundreds of class

action 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 engaged by Counsel for the Class Representatives (“Plaintiffs”) and

Counsel for Starbucks (“Defendants”) (collectively the “Parties”), to provide settlement

administration services in the Starbucks Consumer Litigation settlement (“Settlement”).

Case 2:11-cv-01985-MJP Document 66 Filed 04/24/13 Page 1 of 9

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Simpluris’ duties as a claims administrator include: a) creating and hosting an online claim form;

b) receiving and validating Claim Forms, whether submitted by mail or online; c) calculating

claim payments; and d) distributing Settlement proceeds, including the distribution of funds and

mailing of gift cards.

4. On March 20, 2013, Simpluris created, and has been hosting, a website at

https://scoopedcoffeesettlement.simpluris.com/ to allow Class Members to submit claims online

in addition to the option of mailing in a paper Claim Form, which was already available on the

settlement website. The website will be operational until at least December 23, 2013, the

expiration of the Claims filing deadline. A copy of the online Claim Form is attached hereto as

Exhibit “A”. The online Claim Form is identical in all material respects to the original paper

Claim Form.

5. Simpluris is responsible for receipt of all Claim Forms. As of the date of this

declaration, Simpluris has received a total of 1,381 Claim Forms.

a. Of the 1,381 Claim Forms received 16 were completed with Option A

selected (i.e., the Class Member had or claimed to have a receipt showing a

relevant purchases of scooped coffee beans during the Class Period).

b. Of the 1,381 Claim Forms received 1,365 were completed with Option B

selected (i.e., the Class Member testified under the penalties of perjury that he

or she purchased scooped coffee beans during the Class Period).

6. As of the signing of this declaration, 173 of the 1,381 Claim Forms received are

preliminarily deficient, for lack of the Class Member providing receipts, incomplete Claim

Forms, and/or the Claim Form was unsigned. Simpluris is corresponding with the Class

Members to cure the deficiencies. As of the signing of this declaration, the 1,208 valid Claim

Forms total $6,802.15 in claims relating to 38,447 Covered Purchases.

7. The most current weekly report dated April 19, 2013 is attached hereto as Exhibit

“B”.

8. With regard to Simpluris’ invoice for services in connection with the

Administration of the Settlement, Simpluris estimated that its administrative costs would be


https://scoopedcoffeesettlement.simpluris.com/

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approximately $33,000 for services including processing up to 12,681 claims, opt out processing,

responding to deficient claims, project management, mailing gift cards, and weekly reporting.

Even if the number of claims exceeded this level, Simpluris has agreed to cap its rate at $49,000.

In addition to the services originally agreed upon, Simpluris also designed and hosts the online

Claims Form at an additional cost of $2,500.

I declare under penalty of perjury under the laws of the State of Washington that the

foregoing is true and correct to the best of my knowledge and that this declaration was executed

on April 22, 2013, at Frisco, Texas.

_________________________________

KRISTA TITTLE


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CERTIFICATE OF SERVICE - 1

38TH FLOOR 1000 SECOND AVENUE

SEATTLE, WASHINGTON 98104 (206) 622-2000

CERTIFICATE OF SERVICE

The undersigned attorney certifies that on the 24th day of April, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all counsel on record in the matter.

/s/ John A. Tondini Byrnes Keller Cromwell LLP 1000 Second Avenue, 38th Floor Seattle, WA 98104 Telephone: (206) 622-2000 Facsimile: (206) 622-2522 [email protected]


Exhibit A


In Re Starbucks Consumer Litigation

Home

Online Claim Form

Fields marked with an asterisk (*) are required.

In Re Starbucks Consumer Litigation

Western District of Washington, No. 2:11-cv-01985-MJP

CLAIM FORM

You must complete ALL fields below for your claim to be considered. The deadline to submit this form is 11:59 P.M. (PST) on December 23, 2013.

*Your Name: Enter First Name Enter Last Name

*Your Email Address: Enter your email

*Your Postal Mailing Address:

Enter your street address

Enter City Select State Enter Zip

*Your Telephone Number:(i.e. 1234567890)

Enter your telephone number

I purchased scooped coffee beans in amounts less than one pound at a time from a

Starbucks store in the United States between December 9, 2007 and November 7, 2011. Specifically, [YOU MUST COMPLETE OPTION A OR B, BUT NOT BOTH, BELOW]:

OPTION A: Attached are receipts of my purchases. I made these purchases. I would

like to receive my payment [CHECK ONE]:

In a Starbucks gift card, or

In a check made out to the name above.

If selecting Option A, please upload file with associated receipts.

Browse...Browse... (.tif, .tiff, .jpg, .jpeg, and .pdf only)

OPTION B: I do not have receipts, but I swear or affirm under penalty of perjury under

the laws of the United States of America that I purchased scooped coffee beans in amounts

less than one pound at a time as follows [COMPLETE THE BLANKS BELOW]:

• I made these purchases times between December 9, 2007 and November 7,

2011.

• I made these purchases in [LIST CITIES]:

ex) New York, Chicago, Bostonex) New York, Chicago, Boston

• I made these purchases on [LIST APPROXIMATE DATE(S), IF POSSIBLE]:

ex) 1/1/2011, 2/2/2012 or Summer of 2010ex) 1/1/2011, 2/2/2012 or Summer of 2010

I swear or affirm under penalty of perjury under the laws of the United States of America that all of the information I provide above is true and correct.

*Signature: Enter full name for signature

*Signed in ex) City, State On Enter Date

The deadline to submit this Claim Form may be extended if the court does not enter judgment at the Fairness Hearing or if someone timely appeals that judgment. Please

Page 1 of 2In Re Starbucks Consumer Litigation

4/22/2013https://scoopedcoffeesettlement.simpluris.com/pages/ClaimForm.aspx


check the Settlement Website (www.starbucks.com/scoopedcoffeesettlement) for the latest information.

SUBMIT

Privacy Policy

Page 2 of 2In Re Starbucks Consumer Litigation

4/22/2013https://scoopedcoffeesettlement.simpluris.com/pages/ClaimForm.aspx


Exhibit B


800-779-2104 / Fax - 714-824-8591 Orange County www.simpluris.net 3176 Pullman Street, Suite 123, Costa Mesa, CA 92626 Orlando 1485 S. Semoran Blvd., Suite 6 - 1401, Winter Park, FL 32792

April 19, 2013 Case Manager Name : Krista Tittle

Case Manager Email : [email protected]

Case Manager Direct Line : (714) 824-8590 ext. 1105 In re Starbucks Consumer Litigation

United States District Court Western District of Washington At Seattle

Case No. 2:11cv-01985-MJP Plaintiff Counsel Defense Counsel

Jason M. Leviton / Block & Leviton LLP Rebecca S. Engrav / Perkins Coie LLP Tom Urmy Jr. / Shapiro Haber & Urmy LLP

Case Milestones Preliminary Approval Hearing December 18, 2012

Notification Mailing January 18, 2013

Opt Out Deadline March 19, 2013

Objection Deadline March 19, 2013

Final Approval Hearing May 24, 2013

Claim Deadline December 23, 2013

Response Summary "Total Responses Submitted" is based on responses processed as of date reflected on the report.

Claim Form Total Estimated Share

Claims submitted – Option A (With Valid Receipts) 5 Payment in Starbucks Gift Card 1 $5.00 Payment in Check 4 $113.55 (237 purchases)

Claims submitted – Option A (Without Valid Receipts) 11 Payment in Starbucks Gift Card 7 $35.00 Payment in Check 4 $20.00 Option A - Deficient 11

Claims submitted – Option B 1,365 Total Purchases Made 40,962 $7,431.50 Option B – Valid Claims (38,210 purchases) 1,203 $6,683.60 Option B – Deficient (2,752 purchases) 162 $747.90 Invalid Claims 0

Total Submitted 1,381 $7,605.05 (claimed)


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DECLARATION OF JASON M. LEVITON IN SUPPORT OF PLAINTIFFS’ MOTION FOR AN ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT (MASTER CASE NO. C11-1985MJP) - 1

Block & Leviton LLP 155 FEDERAL STREET, SUITE 1303 BOSTON, MASSACHUSETTS 02110

(617) 398-5600

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

IN RE STARBUCKS CONSUMER LITIGATION

MASTER CASE NO. C11-1985MJP DECLARATION OF JASON M. LEVITON IN SUPPORT OF PLAINTIFFS’ MOTION FOR AN ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT

I, Jason M. Leviton, declare as follows:

1. I am a member, and one of the founding partners, of the law firm Block &

Leviton LLP (“Block & Leviton” or the “Firm”). I am also a member in good standing of this

Bar. I submit this Declaration in support of Plaintiffs’ Motion for an Order Granting Final

Approval of Class Action Settlement.

2. Attached hereto as Exhibit A are notices from fifteen individuals seeking to opt

out of (or not take part in) the Settlement in the above-captioned litigation. While the vast

majority of the notices are technically defective, counsel believes that they should be allowed as

the individuals have indicated that they do not wish to be bound by, or take part in, the

Settlement. To date, I have received no further opt out notices.


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(617) 398-5600

3. As of the signing of this Declaration, no objections have been filed to the

Settlement, the Settlement Agreement, or to Class Counsel’s attorneys’ fees motion.

I declare under the penalty of perjury under the laws of the United States that the

foregoing is true and correct to the best of my knowledge.

Signed this 24th day of April, 2013 at Boston, Massachusetts.

BLOCK & LEVITON LLP

By: /s/ Jason M. Leviton

Jason M. Leviton, WSBA #34106 155 Federal Street, Suite 1303 Boston, MA 02110 Telephone: 617.398.5600 Facsimile: 617.507.6020 Email: [email protected] Co-Lead Counsel for the Class


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(617) 398-5600





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CERTIFICATE OF SERVICE - 1

38TH FLOOR 1000 SECOND AVENUE

SEATTLE, WASHINGTON 98104 (206) 622-2000





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DECLARATION OF BRAD SHAFFER (No. 2:11-01985 MJP) – 1

Perkins Coie LLP 1201 Third Avenue, Suite 4800

Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000

THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

IN RE STARBUCKS CONSUMER LITIGATION

Case No. 2:11-cv-01985-MJP

SUPPLEMENTAL DECLARATION OF BRAD SHAFFER IN SUPPORT OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT

FAIRNESS HEARING: MAY 24, 2013, 9:00 A.M.

I, Brad Shaffer, declare as follows:

1. I am employed by Starbucks Corporation (“Starbucks”) as a lead paralegal. I

make this declaration based on information maintained in Starbucks’ business records or files

related to this litigation.

2. This declaration supplements my April 24, 2013, declaration in support of final

approval of class action settlement.

3. The online banner ads used to provide notice of the Settlement Agreement

generated 45,080,419 impressions at an external cost to Starbucks of $181,787. The online

search ads generated 11,000 impressions at an external cost to Starbucks of $221.

4. The total out-of-pocket, external cost to Starbucks for running the banner and

search advertisements was thus $182,008, which is above the minimum of $152,500 and below


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CERTIFICATE OF SERVICE (No. 2:11-01985 MJP) – 1

18177-0259/LEGAL26516014.1

Perkins Coie LLP 1201 Third Avenue, Suite 4800

Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000


I hereby certify that on April 25, 2013, I electronically filed the foregoing with the Clerk

of the Court using the CM/ECF system, which will send notification of such filing to the

following:

Co-Lead and Liaison Counsel for Plaintiffs:

John A. Tondini Byrnes Keller Cromwell LLP1000 Second Avenue, 38th Floor Seattle, WA 98104 Telephone: 206.622.2000 Facsimile: 206.622.2522 Email: [email protected]

[email protected]

Jason M. Leviton Jeffrey C. Block Block & Leviton LLP 155 Federal Street,Suite 1303 Boston, MA 02110 Telephone: 617.398.5600 Facsimile: 617.507.6020 Email: [email protected] [email protected]

Thomas V. Urmy, Jr. Shapiro Haber & Urmy 53 State Street Boston, MA 02109 Telephone: 617.439.3939 Facsimile: 617.439.0134 Email: [email protected]

Dated April 25, 2013 s/ Rebecca S. Engrav, WSBA #33275 [email protected] Perkins Coie LLP1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Telephone: 206.359.8000 Facsimile: 206.359.9000 Email: [email protected]


Case 2:11-cv-01985-MJP Document 65 Filed 04/24/13 Page 1 of 20 · No. 2:11-cv-01985-MJP DECLARATION...

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