Preview
1 Jeremy F. Bollinger (SBN 240132)
Ari E. Moss (SBN 238579)
2 Dennis F. Moss (SBN 77512)
Jorge A. Flores (SBN 333441)
3 MOSS BOLLINGER LLP
15300 Ventura Blvd., Ste. 207
4 Sherman Oaks, California 91403
Telephone: (310) 982-2984
5 Facsimile: (818) 963-5954
jeremy@mossbollinger.com
6 ari@mossbollinger.com
dennis@mossbollinger.com
7 anthony@mossbollinger.com
8 Attorneys for Plaintiff JUSTIN CARINO
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF KERN
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12 JUSTIN CARINO, individually and on behalf Case No.: BCV-20-102879 TSC
13 of other persons similarly situated,
[Assigned to Hon. Thomas S. Clark for all
14 purposes, Dept. 17]
Plaintiff,
CLASS ACTION
15 vs.
DECLARATION OF JODEY
16
LAWRENCE ON BEHALF OF
SETTLEMENT ADMINISTRATOR IN
17 ADVENTIST HEALTH DELANO DBA SUPPORT OF UNOPPOSED MOTION
DELANO REGIONAL MEDICAL
CENTER, a California Corporation; and FOR PRELIMINARY APPROVAL OF
18 DOES 1-50, CLASS ACTION AND PAGA
19 SETTLEMENT
Defendants.
20 Date: November 13, 2023
Time: 8:30 am
21 Department: 17
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DECLARATION OF JODEY LAWRENCE
1 DECLARATION OF JODEY LAWRENCE
2 I, JODEY LAWRENCE, declare as follows:
3 1. I have personal knowledge of the facts set forth herein and if called upon to
4 testify, I could and would do so competently under oath.
5 2. I am employed by Phoenix Settlement Administrators (“PSA”), as President of
6 Business Development.
7 3. I personally have over fourteen years of experience in claims management and
8 administration of class and collective action matters.
9 4. PSA has never had any financial interests in nor affiliation with the parties or
10 counsel in Carino v. Adventist Health Delano dba Delano Regional Medical Center, Kern
11 County Superior Court Case No. BCV-20-102879.
12 5. PSA has extensive experience administering class action matters. PSA has
13 administered complex wage and hour, labor and employment, consumer/ product liability,
14 TCPA, FLSA, FACTA, ERISA and PAGA class action matters, thru final approval and
15 distribution. PSA has developed a system of quality assurance measures, to ensure the highest
16 quality service is provided in our cases and to class members.
17 6. PSA’s Claims Management Group has extensive experiences in all aspects of
18 Notification and Identification of Class Members, Claims Processing, Formulation and
19 Calculation Methodologies, Award Distribution and Taxation, Accounting and Reconciliation.
20 7. PSA has extensive experience in and are experts at all aspects of administrating
21 complex class action matters including; (i) preparing, printing, mailing and tracking privacy
22 notices; (ii) operation of a 24/7/365 multi-lingual call center; (iii) establishing settlement
23 websites; (iv) claims management; (v) USPS processes and systems, third party tracing,
24 including the use of reverse telephone directory services; (vi) database management,
25 programming and security protocols; (vii) calculating and issuing settlement payments; (viii) tax
26 management, filings, and account reconciliation; and (ix) final approval.
27 8. As part of Settlement Notice procedures, PSA will run the names of all Settlement
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DECLARATION OF JODEY LAWRENCE
1 Class Members through the National Change of Address (“NCOA”) database to determine any
2 updated addresses for Settlement Class Members. If a Class Notice Packet from the initial notice
3 mailing is returned as undeliverable, the Settlement Administrator will attempt to obtain a
4 current address for the Settlement Class Member to whom the returned Class Notice Packet had
5 been mailed by undertaking skip tracing. If the Settlement Administrator is successful in
6 obtaining a new address, it will promptly re-mail the Class Notice Packet to the Settlement Class
7 Member. Further, any Class Notice Packets that are returned to the Settlement Administrator
8 with a forwarding address before the Response Deadline shall be promptly re-mailed to the
9 forwarding address affixed thereto.
10 9. PSA has been appointed as a Settlement Administrator in both State and Federal
11 Courts.
12 10. A true and correct copy of PSA’s Curriculum Vitae is attached hereto as Exhibit
13 A.
14 11. Phoenix Settlement Administrators has adequate procedures in place to safeguard
15 the data and funds to be entrusted to it. PSA’s Technology and Banking groups are directly
16 involved with Management on all issues of Information Security and Settlement Fund transfer, as
17 it pertains to the continuance of business processes, and all risk, vulnerability, security and
18 assessments as it pertains to information. The group, along with internal systems in place,
19 monitor and communicate with Management on a Preventative and comprehensive level, in
20 order to prevent potential Strategic or Compliance Risks. All processing of confidential and
21 personal information is handled and maintained within the organization and therefore all data
22 received is kept within a strict chain of custody internally. All informational assets are classified
23 and assigned based on initial case assessment, client and procedural requirements. The
24 Technology Group handles all higher-level ownership of information and physical peripherals, as
25 well as ownership of direct / indirect assets associated with technology and the continuance of
26 business, Specific Users, Groups or Entities are assigned Shared Ownership or Management
27 Capability based on procedural needs, and security level granted.
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DECLARATION OF JODEY LAWRENCE
1 12. In addition to high levels of Data Center Policies/Procedures and
2 Facility/Maintenance Security Protocols, PSA’s conducts semiannual training to maintain
3 additional safeguards such as:
4 a. Phoenix Settlement Administration Business Continuity Policy
5 b. Phoenix Settlement Administration Disaster Recovery Plan
6 c. Phoenix Settlement Administration Incident Response Plan
7 d. Phoenix Settlement Administration Personal Computer Security Policy
8 e. Phoenix Settlement Administration Phoenix Data Archiving and Retention
9 Policy
10 f. Phoenix Settlement Administration Phoenix Personnel Security Policy
11 g. Phoenix Settlement Administration Risk Assessment
12 h. Phoenix Settlement Administration Service Provider Risk Assessment
13 i. Phoenix Settlement Administrator Classification and Access Rights Policy
14 j. Phoenix Settlement Administrator Password Policy
15 k. Phoenix Settlement Administrators Certification of Destruction
16 l. Phoenix Settlement Administrators Security Awareness Training Program.
17 13. PSA currently maintains an errors and omissions insurance, in addition to, a
18 separate a data breach insurance policy.
19 14. PSA costs are reasonable and competitive when compared to the industry.
20 15. PSA only employs a certified and/or qualified translator to translate Court-
21 approved Notices for postings on PSA’s website for dissemination to the Class.
22 16. To complete the Settlement Administration for the Carino v. Adventist Health
23 Delano dba Delano Regional Medical Center case, the Settlement Administration will include
24 hard cost and hourly costs detailed below:
25 • Hard Cost: Postage, Printing Supplies, Toll Free Setup, QSF Bank Setup,
26 NCOA, Skip Tracing, Re-Mail and Translation costs.
27 • Hourly Cost: The hourly rates include Programming Database & Setup,
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DECLARATION OF JODEY LAWRENCE
1 Project Management, Notice Packet Formatting, Programming
2 Undeliverable, Programming Claims Database, Programming
3 Calculations, Disbursement Review, Printing of Notice & Checks,
4 Reconcile Uncashed Checks, Conclusion Reports, Potential Tax Filing and
5 Case Management/Maintenance.
6 17. Having factored in the hard and hourly cost, the settlement administration for this
7 project has a Will Not Exceed Fee of $14,000.00 based on 1000 class members. A detailed
8 breakdown of PSA’s cost is attached hereto as Exhibit B.
9 I swear under penalty of perjury under the laws of the State of California that the foregoing
10 is true and correct, this 18th day of September 18, 2023, at Orange, California.
11
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13 Jodey Lawrence
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DECLARATION OF JODEY LAWRENCE
EXHIBIT A
1411 N. Batavia, Suite 105 Orange, CA 92867
800-523-5773
www.phoenixclassaction.com
CURRICULUM VITAE
Phoenix Settlement Administrators, PSA Overview
Phoenix Settlement Administrators, PSA, is an emerging, National, Class Action Notification and Claims
Administration firm, located in San Diego and Newport Beach California. PSA’s core competencies ensure
delivery of the highest quality and accuracy to its Clients and Class members. With a combined 28 years of
expert experience, PSA,’s Managing Partners, Case Supervisors, Managers and Associates, Data
Programming, and Certified Secure Strategic Partners, possess all the qualities that our Clients expect
throughout the Noticing and Administration process, to Final Approval. It is our Value Pricing, Efficiency,
Experience, Consultative Expertise and Delivery, that has perpetuated PSA, as an emerging leader in Class
Action Settlement Administration. Expert PSA staff members are currently managing, Consumer and Product
Liability, TCPA, Complex Labor & Employment, FLSA, ERISA and PAGA cases.
PSA has over 100 Attorney & Law Firm Clients, which have entrusted us with the management of their claim’s
administration, because of the “Boutique” attention every case receives. PSA is value driven on all size cases.
large or small, cases receive expert management, secure data custody, neutral communication and a
dedicated team. This seamless process maintains superior case continuity to ensure our clients receive timely
final approval and conclusion to their actions. Phoenix Settlement Administrators implements its successful
C.A.S.E. solutions on all our class action matters.
With 10’s of Millions of dollars in award distributions currently under management since our inception, PSA
has the ability and strengths to manage all levels of Complex Cases. PSA’s Staff “Synergy” is our greatest
attribute. It allows our people to work closely together and solve our client’s case issues. PSA prides itself as a
true “Third Party Administrator” and holds Neutrality as a mantra. Because of this approach, both Defense and
Plaintiff Clients, experience fairness, trust and confidence in us, and allows for continued business from both
parties. PSA has been appointed Third Party Administrator in State and Federal Courts.
We look forward to working with you on your next Class Action Noticing Campaign or Claims Administration.
Let us design a C.A.S.E. solution, which will allow us to showcase the difference you’ll experience. Superior
Service, Class Savings Value Pricing and Timely Outcomes is why our clients come back to PSA.
Phoenix Settlement Administrators 411 N. Batavia, Suite 105 Orange, CA 92867
Phone: 800-784-2174 Fax: 619.338.0308
www.psaclassaction.com
Expert Core Services
Initial Planning and Consultative Service on Class Action Cases and Noticing Plans.
State/Nationwide Noticing Expertise: Privacy, Media, Publication, Internet & Email Campaigns.
Attorney General(s) CAFA Notification
Claims Programming, Administration, Processing and Reporting.
24/7/365 Multi-Lingual Call Center Support and Claims Processing
Secure Data Management Environment, Individual Firewalls, Encrypted Data and Storage
Settlement Fund Calculations, Solutions, Award Distribution, Award Reconciliation
Tax Filings: State, Federal, EDD, ETT, FUTA, PAGA Payments
Partial PSA Client List, Defense and Plaintiff
Fisher & Phillips Law Offices of Jonathan Ricasa
Gordon & Rees Dente Law Firm
Paul Plevin Sullivan & Connaughton Mahoney Law Group
Call & Jensen Law Office of Thomas Rutledge
Drinker Biddle Law Office of Briana Kim
McKenna Long & Aldridge Dychter Law Firm
Greenberg Traurig Garay Law Firm
Manning & Kass Olsen Law Offices
Littler Mendelson Gould & Associates
Kring & Chung Cohelan, Khoury & Singer
Orrick Herrington & Sutcliffe Ridout, Lyon & Ottoson
Ogletree Deakins Nash Smoak & Stewart Carter Law Firm
Perkins Coie Law Office of Justian Jusuf
Ross Wersching & Wolcott The Phelps Law Group
Winston & Strawn The Emilio Law Group
Sheppard Mullins Zeldes, Haeggquist & Eck
Lewis Brisbois Bisgaard & Smith Markham Law Firm
Morgan Lewis & Bockius Arias Ozzello & Gignac
Paul Hastings David Yeremian & Associates
Park & Zheng Aegis Law Firm
Sidley Austin Rukin Hyland Doria & Tindall
Higgs Fletcher & Mack Malk Law Firm
Jackson Lewis Spiro Law Corp
Norton Rose Fulbright Levine Law Group, APC
Phoenix Settlement Administrators 411 N. Batavia, Suite 105 Orange, CA 92867
Phone: 800-784-2174 Fax: 619.338.0308
www.psaclassaction.com
EXHIBIT B
CASE ASSUMPTIONS
Class Members 1,000
Claimes Made 500
Opt Out Rate 1%
Opt Outs Received 10
Total Class Claimants 500
Subtotal Admin Only $14,000.00
Not-to-Exceed Total $14,000.00
For 1000 Members
Pricing Good for Scope of Estimate Only
September 12, 2023
Case: Carino v. Adventist Health Delano Claims Made Administration wTranslation
Phoenix Contact: Jodey Lawrence Requesting Attorney: Jeremy F. Bollinger
Contact Number: 949.566.1455 Firm: Moss Bollinger LLP
Email: Jodey@phoenixclassaction.com Contact Number: 310.982.2984
Email: jeremy@mossbollinger.com
Assumptions and Estimate are based on information provided by counsel. If class size changes, PSA will need to adjust this Estimate accordingly.
Estimate is based on 1000 Class Members. PSA assumes class data will be sent in Microsoft Excel or other usable format with no or reasonable
additional formatting needed. A rate of $150 per hour will be charged for any additional analysis or programming.
Case & Database Setup / Toll Free Setup & Call Center / NCOA (USPS)
Administrative Tasks: Rate Hours/Units Line Item Estimate
Programming Manager $100.00 3 $300.00
Programming Database & Setup $100.00 3 $300.00
Toll Free Setup* $147.50 1 $147.50
Call Center & Long Distance $2.00 20 $40.00
NCOA (USPS) $200.00 2 $400.00
Total $1,187.50
* Up to 120 days after disbursement
Data Merger & Scrub / Notice Packet, Opt-Out Form & Postage / Spanish Translation / Reporting
Project Action Rate Hours/Units Line Item Estimate
Notice Packet Formatting $100.00 3 $300.00
Data Merge & Duplication Scrub $0.20 1,000 $200.00
Notice Packet & Opt-Out Form $1.25 1,000 $1,250.00
Estimated Postage (up to 2 oz.)* $0.87 1,000 $870.00
Static Website $200.00 1 $200.00
Language translation $1,000.00 1 $1,000.00
Reminder Claims Postcard Printing $125.00 2 $250.00
Reminder Claims Postcard $1.00 750 $750.00
Postage Reminder Claims Postcard $0.42 750 $315.00
Total $5,135.00
* Prices good for 90 days. Subject to change with the USPS Rate or change in Notice pages or Translation, if any.
20230912 Carino v. Adventist Health Delano Claims Made Administration wTranslation Jeremy Bollinger 1000.xls Page 1 of 4 Confidential and Proprietary
Skip Tracing & Remailing Notice Packets / Tracking & Programming Undeliverables
Project Action: Rate Hours/Units Line Item Estimate
Case Associate $55.00 3 $165.00
Skip Tracing Undeliverables $2.00 100 $200.00
Remail Notice Packets $1.25 100 $125.00
Estimated Postage $0.87 100 $87.00
Programming Undeliverables $50.00 3 $150.00
Total $727.00
Database Programming / Processing Opt-Outs, Deficiencies or Disputes
Project Action: Rate Hours/Units Line Item Estimate
Programming Claims Database $135.00 2 $270.00
Claims Made Proces Processing $135.00 4 $540.00
Case Associate $55.00 2 $110.00
Opt-Outs/Deficiency/Dispute Letters $10.00 3 $30.00
Case Manager $85.00 4 $340.00
Total $1,290.00
Calculation & Disbursement Programming/ Create & Manage QSF/ Mail Checks
Project Action: Rate Hours/Units Line Item Estimate
Programming Calculations $135.00 3 $405.00
Disbursement Review $135.00 3 $405.00
Programming Manager $95.00 3 $285.00
QSF Bank Account & EIN $100.00 2 $200.00
Check Run Setup & Printing $125.00 3 $375.00
Mail Class Checks * $1.25 500 $625.00
Estimated Postage $0.64 500 $320.00
Total $2,615.00
* Checks are printed on 8.5 x 11 in. sheets with W2/1099 Tax Filing
20230912 Carino v. Adventist Health Delano Claims Made Administration wTranslation Jeremy Bollinger 1000.xls Page 2 of 4 Confidential and Proprietary
Tax Reporting & Reconciliation / Re-Issuance of Checks / Conclusion Reports and Declarations
Project Action: Rate Hours/Units Line Item Estimate
Case Supervisor $100.00 5 $500.00
Remail Undeliverable Checks $1.61 50 $80.50
(Postage Included)
Case Associate $50.00 5 $250.00
Reconcile Uncashed Checks $75.00 3 $225.00
Conclusion Reports $100.00 2 $200.00
Case Manager Conclusion $75.00 2 $150.00
Final Reporting & Declarations $120.00 2 $240.00
IRS & QSF Annual Tax Reporting * $1,400.00 1 $1,400.00
(1 State Tax Reporting Included)
Total $3,045.50
* All applicable California State & Federal taxes, which include SUI, ETT, and SDI, and FUTA filings. Additional taxes are Defendant's responsibilty.
Estimate Total: $14,000.00
20230912 Carino v. Adventist Health Delano Claims Made Administration wTranslation Jeremy Bollinger 1000.xls Page 3 of 4 Confidential and Proprietary
TERMS AND CONDITIONS
Provisions: The case estimate is in good faith and does not cover any applicable taxes and fees. The estimate does not make any provision for any services or class size not
delineated in the request for proposal or stipulations. Proposal rates and amounts are subject to change upon further review, with Counsel/Client, of the Settlement Agreement.
Only pre-approved changes will be charged when applicable. No modifications may be made to this estimate without the approval of PSA (Phoenix Settlement Administrators). All
notifications are mailed in English language only unless otherwise specified. Additional costs will apply if translation into other language(s) is required. Rates to prepare and file
taxes are for Federal and California State taxes only. Additional charges will apply if multiple state tax filing(s) is required. Pricing is good for ninety (90) days.
Data Conversion and Mailing: The proposal assumes that data provided will be in ready-to-use condition and that all data is provided in a single, comprehensive Excel spreadsheet.
PSA cannot be liable for any errors or omissions arising due to additional work required for analyzing and processing the original database. A minimum of two (2) business days is
required for processing prior to the anticipated mailing date with an additional two (2) business days for a National Change of Address (NCOA) update. Additional time may be
required depending on the class size, necessary translation of the documents, or other factors. PSA will keep counsel apprised of the estimated mailing date.
Claims: PSA's general policy is to not accept claims via facsimile. However, in the event that facsimile filing of claims must be accepted, PSA will not be held responsible for any
issues and/or errors arising out of said filing. Furthermore, PSA will require disclaimer language regarding facsimile transmissions. PSA will not be responsible for any acts or
omissions caused by the USPS. PSA shall not make payments to any claimants without verified, valid Social Security Numbers. All responses and class member information are held
in strict confidentiality. Additional class members are $10.00 per opt-out.
Payment Terms: All postage charges and 50% of the final administration charges are due at the commencement of the case and will be billed immediately upon receipt of the data
and/or notice documents. PSA bills are due upon receipt unless otherwise negotiated and agreed to with PSA by Counsel/Client. In the event the settlement terms provide that PSA
is to be paid out of the settlement fund, PSA will request that Counsel/Client endeavor to make alternate payment arrangements for PSA charges that are due at the onset of the
case. The entire remaining balance is due and payable at the time the settlement account is funded by Defendant, or no later than the time of disbursement. Amounts not paid
within thirty (30) days are subject to a service charge of 1.5% per month or the highest rate permitted by law.
Tax Reporting Requirements
PSA will file the necessary tax returns under the EIN of the QSF, including federal and state returns. Payroll tax returns will be filed if necessary. Under the California Employment
Development Department, all taxes are to be reported under the EIN of the QSF with the exception of the following taxes: Unemployment Insurance (UI) and Employment Training
Tax (ETT), employer-side taxes, and State Disability Insurance (SDI), an employee-side tax. These are reported under Defendant's EIN. Therefore, to comply with the EDD payroll tax
filing requirements we will need the following information:
1. Defendant's California State ID and Federal EIN.
2. Defendant's current State Unemployment Insurance (UI) rate and Employment Training Tax (ETT) rate. This information can be found in the current year DE 2088, Notice of
Contribution Rates, issued by the EDD.
3. Termination dates of the class members, or identification of current employee class members, so we can account for the periods that the wages relate to for each class member.
4. An executed Power of Attorney (Form DE 48) from Defendant. This form is needed so that we may report the UI, SDI, and ETT taxes under Defendant's EIN on their behalf. If this
form is not provided we will work with the EDD auditors to transfer the tax payments to Defendant's EIN.
5. Defendant is responsible for reporting the SDI portion of the settlement payments on the class member's W-2. PSA will file these forms on Defendant's behalf for an additional
fee and will issue an additional W-2 for each class member under Defendant's EIN, as SDI is reported under Defendant's EIN rather than the EIN of the QSF. The Power of Attorney
(Form DE 48) will be needed in order for PSA to report SDI payments.
20230912 Carino v. Adventist Health Delano Claims Made Administration wTranslation Jeremy Bollinger 1000.xls Page 4 of 4 Confidential and Proprietary
Preview
1 Jeremy F. Bollinger (SBN 240132) Ari E. Moss (SBN 238579) 2 Dennis F. Moss (SBN 77512) Jorge A. Flores (SBN 333441) 3 MOSS BOLLINGER LLP 15300 Ventura Blvd., Ste. 207 4 Sherman Oaks, California 91403 Telephone: (310) 982-2984 5 Facsimile: (818) 963-5954 jeremy@mossbollinger.com 6 ari@mossbollinger.com dennis@mossbollinger.com 7 anthony@mossbollinger.com 8 Attorneys for Plaintiff JUSTIN CARINO 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF KERN 11 12 JUSTIN CARINO, individually and on behalf Case No.: BCV-20-102879 TSC 13 of other persons similarly situated, [Assigned to Hon. Thomas S. Clark for all 14 purposes, Dept. 17] Plaintiff, CLASS ACTION 15 vs. DECLARATION OF JODEY 16 LAWRENCE ON BEHALF OF SETTLEMENT ADMINISTRATOR IN 17 ADVENTIST HEALTH DELANO DBA SUPPORT OF UNOPPOSED MOTION DELANO REGIONAL MEDICAL CENTER, a California Corporation; and FOR PRELIMINARY APPROVAL OF 18 DOES 1-50, CLASS ACTION AND PAGA 19 SETTLEMENT Defendants. 20 Date: November 13, 2023 Time: 8:30 am 21 Department: 17 22 23 24 25 26 27 28 DECLARATION OF JODEY LAWRENCE 1 DECLARATION OF JODEY LAWRENCE 2 I, JODEY LAWRENCE, declare as follows: 3 1. I have personal knowledge of the facts set forth herein and if called upon to 4 testify, I could and would do so competently under oath. 5 2. I am employed by Phoenix Settlement Administrators (“PSA”), as President of 6 Business Development. 7 3. I personally have over fourteen years of experience in claims management and 8 administration of class and collective action matters. 9 4. PSA has never had any financial interests in nor affiliation with the parties or 10 counsel in Carino v. Adventist Health Delano dba Delano Regional Medical Center, Kern 11 County Superior Court Case No. BCV-20-102879. 12 5. PSA has extensive experience administering class action matters. PSA has 13 administered complex wage and hour, labor and employment, consumer/ product liability, 14 TCPA, FLSA, FACTA, ERISA and PAGA class action matters, thru final approval and 15 distribution. PSA has developed a system of quality assurance measures, to ensure the highest 16 quality service is provided in our cases and to class members. 17 6. PSA’s Claims Management Group has extensive experiences in all aspects of 18 Notification and Identification of Class Members, Claims Processing, Formulation and 19 Calculation Methodologies, Award Distribution and Taxation, Accounting and Reconciliation. 20 7. PSA has extensive experience in and are experts at all aspects of administrating 21 complex class action matters including; (i) preparing, printing, mailing and tracking privacy 22 notices; (ii) operation of a 24/7/365 multi-lingual call center; (iii) establishing settlement 23 websites; (iv) claims management; (v) USPS processes and systems, third party tracing, 24 including the use of reverse telephone directory services; (vi) database management, 25 programming and security protocols; (vii) calculating and issuing settlement payments; (viii) tax 26 management, filings, and account reconciliation; and (ix) final approval. 27 8. As part of Settlement Notice procedures, PSA will run the names of all Settlement 28 2 DECLARATION OF JODEY LAWRENCE 1 Class Members through the National Change of Address (“NCOA”) database to determine any 2 updated addresses for Settlement Class Members. If a Class Notice Packet from the initial notice 3 mailing is returned as undeliverable, the Settlement Administrator will attempt to obtain a 4 current address for the Settlement Class Member to whom the returned Class Notice Packet had 5 been mailed by undertaking skip tracing. If the Settlement Administrator is successful in 6 obtaining a new address, it will promptly re-mail the Class Notice Packet to the Settlement Class 7 Member. Further, any Class Notice Packets that are returned to the Settlement Administrator 8 with a forwarding address before the Response Deadline shall be promptly re-mailed to the 9 forwarding address affixed thereto. 10 9. PSA has been appointed as a Settlement Administrator in both State and Federal 11 Courts. 12 10. A true and correct copy of PSA’s Curriculum Vitae is attached hereto as Exhibit 13 A. 14 11. Phoenix Settlement Administrators has adequate procedures in place to safeguard 15 the data and funds to be entrusted to it. PSA’s Technology and Banking groups are directly 16 involved with Management on all issues of Information Security and Settlement Fund transfer, as 17 it pertains to the continuance of business processes, and all risk, vulnerability, security and 18 assessments as it pertains to information. The group, along with internal systems in place, 19 monitor and communicate with Management on a Preventative and comprehensive level, in 20 order to prevent potential Strategic or Compliance Risks. All processing of confidential and 21 personal information is handled and maintained within the organization and therefore all data 22 received is kept within a strict chain of custody internally. All informational assets are classified 23 and assigned based on initial case assessment, client and procedural requirements. The 24 Technology Group handles all higher-level ownership of information and physical peripherals, as 25 well as ownership of direct / indirect assets associated with technology and the continuance of 26 business, Specific Users, Groups or Entities are assigned Shared Ownership or Management 27 Capability based on procedural needs, and security level granted. 28 3 DECLARATION OF JODEY LAWRENCE 1 12. In addition to high levels of Data Center Policies/Procedures and 2 Facility/Maintenance Security Protocols, PSA’s conducts semiannual training to maintain 3 additional safeguards such as: 4 a. Phoenix Settlement Administration Business Continuity Policy 5 b. Phoenix Settlement Administration Disaster Recovery Plan 6 c. Phoenix Settlement Administration Incident Response Plan 7 d. Phoenix Settlement Administration Personal Computer Security Policy 8 e. Phoenix Settlement Administration Phoenix Data Archiving and Retention 9 Policy 10 f. Phoenix Settlement Administration Phoenix Personnel Security Policy 11 g. Phoenix Settlement Administration Risk Assessment 12 h. Phoenix Settlement Administration Service Provider Risk Assessment 13 i. Phoenix Settlement Administrator Classification and Access Rights Policy 14 j. Phoenix Settlement Administrator Password Policy 15 k. Phoenix Settlement Administrators Certification of Destruction 16 l. Phoenix Settlement Administrators Security Awareness Training Program. 17 13. PSA currently maintains an errors and omissions insurance, in addition to, a 18 separate a data breach insurance policy. 19 14. PSA costs are reasonable and competitive when compared to the industry. 20 15. PSA only employs a certified and/or qualified translator to translate Court- 21 approved Notices for postings on PSA’s website for dissemination to the Class. 22 16. To complete the Settlement Administration for the Carino v. Adventist Health 23 Delano dba Delano Regional Medical Center case, the Settlement Administration will include 24 hard cost and hourly costs detailed below: 25 • Hard Cost: Postage, Printing Supplies, Toll Free Setup, QSF Bank Setup, 26 NCOA, Skip Tracing, Re-Mail and Translation costs. 27 • Hourly Cost: The hourly rates include Programming Database & Setup, 28 4 DECLARATION OF JODEY LAWRENCE 1 Project Management, Notice Packet Formatting, Programming 2 Undeliverable, Programming Claims Database, Programming 3 Calculations, Disbursement Review, Printing of Notice & Checks, 4 Reconcile Uncashed Checks, Conclusion Reports, Potential Tax Filing and 5 Case Management/Maintenance. 6 17. Having factored in the hard and hourly cost, the settlement administration for this 7 project has a Will Not Exceed Fee of $14,000.00 based on 1000 class members. A detailed 8 breakdown of PSA’s cost is attached hereto as Exhibit B. 9 I swear under penalty of perjury under the laws of the State of California that the foregoing 10 is true and correct, this 18th day of September 18, 2023, at Orange, California. 11 12 13 Jodey Lawrence 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 DECLARATION OF JODEY LAWRENCE EXHIBIT A 1411 N. Batavia, Suite 105 Orange, CA 92867 800-523-5773 www.phoenixclassaction.com CURRICULUM VITAE Phoenix Settlement Administrators, PSA Overview Phoenix Settlement Administrators, PSA, is an emerging, National, Class Action Notification and Claims Administration firm, located in San Diego and Newport Beach California. PSA’s core competencies ensure delivery of the highest quality and accuracy to its Clients and Class members. With a combined 28 years of expert experience, PSA,’s Managing Partners, Case Supervisors, Managers and Associates, Data Programming, and Certified Secure Strategic Partners, possess all the qualities that our Clients expect throughout the Noticing and Administration process, to Final Approval. It is our Value Pricing, Efficiency, Experience, Consultative Expertise and Delivery, that has perpetuated PSA, as an emerging leader in Class Action Settlement Administration. Expert PSA staff members are currently managing, Consumer and Product Liability, TCPA, Complex Labor & Employment, FLSA, ERISA and PAGA cases. PSA has over 100 Attorney & Law Firm Clients, which have entrusted us with the management of their claim’s administration, because of the “Boutique” attention every case receives. PSA is value driven on all size cases. large or small, cases receive expert management, secure data custody, neutral communication and a dedicated team. This seamless process maintains superior case continuity to ensure our clients receive timely final approval and conclusion to their actions. Phoenix Settlement Administrators implements its successful C.A.S.E. solutions on all our class action matters. With 10’s of Millions of dollars in award distributions currently under management since our inception, PSA has the ability and strengths to manage all levels of Complex Cases. PSA’s Staff “Synergy” is our greatest attribute. It allows our people to work closely together and solve our client’s case issues. PSA prides itself as a true “Third Party Administrator” and holds Neutrality as a mantra. Because of this approach, both Defense and Plaintiff Clients, experience fairness, trust and confidence in us, and allows for continued business from both parties. PSA has been appointed Third Party Administrator in State and Federal Courts. We look forward to working with you on your next Class Action Noticing Campaign or Claims Administration. Let us design a C.A.S.E. solution, which will allow us to showcase the difference you’ll experience. Superior Service, Class Savings Value Pricing and Timely Outcomes is why our clients come back to PSA. Phoenix Settlement Administrators 411 N. Batavia, Suite 105 Orange, CA 92867 Phone: 800-784-2174 Fax: 619.338.0308 www.psaclassaction.com Expert Core Services Initial Planning and Consultative Service on Class Action Cases and Noticing Plans. State/Nationwide Noticing Expertise: Privacy, Media, Publication, Internet & Email Campaigns. Attorney General(s) CAFA Notification Claims Programming, Administration, Processing and Reporting. 24/7/365 Multi-Lingual Call Center Support and Claims Processing Secure Data Management Environment, Individual Firewalls, Encrypted Data and Storage Settlement Fund Calculations, Solutions, Award Distribution, Award Reconciliation Tax Filings: State, Federal, EDD, ETT, FUTA, PAGA Payments Partial PSA Client List, Defense and Plaintiff Fisher & Phillips Law Offices of Jonathan Ricasa Gordon & Rees Dente Law Firm Paul Plevin Sullivan & Connaughton Mahoney Law Group Call & Jensen Law Office of Thomas Rutledge Drinker Biddle Law Office of Briana Kim McKenna Long & Aldridge Dychter Law Firm Greenberg Traurig Garay Law Firm Manning & Kass Olsen Law Offices Littler Mendelson Gould & Associates Kring & Chung Cohelan, Khoury & Singer Orrick Herrington & Sutcliffe Ridout, Lyon & Ottoson Ogletree Deakins Nash Smoak & Stewart Carter Law Firm Perkins Coie Law Office of Justian Jusuf Ross Wersching & Wolcott The Phelps Law Group Winston & Strawn The Emilio Law Group Sheppard Mullins Zeldes, Haeggquist & Eck Lewis Brisbois Bisgaard & Smith Markham Law Firm Morgan Lewis & Bockius Arias Ozzello & Gignac Paul Hastings David Yeremian & Associates Park & Zheng Aegis Law Firm Sidley Austin Rukin Hyland Doria & Tindall Higgs Fletcher & Mack Malk Law Firm Jackson Lewis Spiro Law Corp Norton Rose Fulbright Levine Law Group, APC Phoenix Settlement Administrators 411 N. Batavia, Suite 105 Orange, CA 92867 Phone: 800-784-2174 Fax: 619.338.0308 www.psaclassaction.com EXHIBIT B CASE ASSUMPTIONS Class Members 1,000 Claimes Made 500 Opt Out Rate 1% Opt Outs Received 10 Total Class Claimants 500 Subtotal Admin Only $14,000.00 Not-to-Exceed Total $14,000.00 For 1000 Members Pricing Good for Scope of Estimate Only September 12, 2023 Case: Carino v. Adventist Health Delano Claims Made Administration wTranslation Phoenix Contact: Jodey Lawrence Requesting Attorney: Jeremy F. Bollinger Contact Number: 949.566.1455 Firm: Moss Bollinger LLP Email: Jodey@phoenixclassaction.com Contact Number: 310.982.2984 Email: jeremy@mossbollinger.com Assumptions and Estimate are based on information provided by counsel. If class size changes, PSA will need to adjust this Estimate accordingly. Estimate is based on 1000 Class Members. PSA assumes class data will be sent in Microsoft Excel or other usable format with no or reasonable additional formatting needed. A rate of $150 per hour will be charged for any additional analysis or programming. Case & Database Setup / Toll Free Setup & Call Center / NCOA (USPS) Administrative Tasks: Rate Hours/Units Line Item Estimate Programming Manager $100.00 3 $300.00 Programming Database & Setup $100.00 3 $300.00 Toll Free Setup* $147.50 1 $147.50 Call Center & Long Distance $2.00 20 $40.00 NCOA (USPS) $200.00 2 $400.00 Total $1,187.50 * Up to 120 days after disbursement Data Merger & Scrub / Notice Packet, Opt-Out Form & Postage / Spanish Translation / Reporting Project Action Rate Hours/Units Line Item Estimate Notice Packet Formatting $100.00 3 $300.00 Data Merge & Duplication Scrub $0.20 1,000 $200.00 Notice Packet & Opt-Out Form $1.25 1,000 $1,250.00 Estimated Postage (up to 2 oz.)* $0.87 1,000 $870.00 Static Website $200.00 1 $200.00 Language translation $1,000.00 1 $1,000.00 Reminder Claims Postcard Printing $125.00 2 $250.00 Reminder Claims Postcard $1.00 750 $750.00 Postage Reminder Claims Postcard $0.42 750 $315.00 Total $5,135.00 * Prices good for 90 days. Subject to change with the USPS Rate or change in Notice pages or Translation, if any. 20230912 Carino v. Adventist Health Delano Claims Made Administration wTranslation Jeremy Bollinger 1000.xls Page 1 of 4 Confidential and Proprietary Skip Tracing & Remailing Notice Packets / Tracking & Programming Undeliverables Project Action: Rate Hours/Units Line Item Estimate Case Associate $55.00 3 $165.00 Skip Tracing Undeliverables $2.00 100 $200.00 Remail Notice Packets $1.25 100 $125.00 Estimated Postage $0.87 100 $87.00 Programming Undeliverables $50.00 3 $150.00 Total $727.00 Database Programming / Processing Opt-Outs, Deficiencies or Disputes Project Action: Rate Hours/Units Line Item Estimate Programming Claims Database $135.00 2 $270.00 Claims Made Proces Processing $135.00 4 $540.00 Case Associate $55.00 2 $110.00 Opt-Outs/Deficiency/Dispute Letters $10.00 3 $30.00 Case Manager $85.00 4 $340.00 Total $1,290.00 Calculation & Disbursement Programming/ Create & Manage QSF/ Mail Checks Project Action: Rate Hours/Units Line Item Estimate Programming Calculations $135.00 3 $405.00 Disbursement Review $135.00 3 $405.00 Programming Manager $95.00 3 $285.00 QSF Bank Account & EIN $100.00 2 $200.00 Check Run Setup & Printing $125.00 3 $375.00 Mail Class Checks * $1.25 500 $625.00 Estimated Postage $0.64 500 $320.00 Total $2,615.00 * Checks are printed on 8.5 x 11 in. sheets with W2/1099 Tax Filing 20230912 Carino v. Adventist Health Delano Claims Made Administration wTranslation Jeremy Bollinger 1000.xls Page 2 of 4 Confidential and Proprietary Tax Reporting & Reconciliation / Re-Issuance of Checks / Conclusion Reports and Declarations Project Action: Rate Hours/Units Line Item Estimate Case Supervisor $100.00 5 $500.00 Remail Undeliverable Checks $1.61 50 $80.50 (Postage Included) Case Associate $50.00 5 $250.00 Reconcile Uncashed Checks $75.00 3 $225.00 Conclusion Reports $100.00 2 $200.00 Case Manager Conclusion $75.00 2 $150.00 Final Reporting & Declarations $120.00 2 $240.00 IRS & QSF Annual Tax Reporting * $1,400.00 1 $1,400.00 (1 State Tax Reporting Included) Total $3,045.50 * All applicable California State & Federal taxes, which include SUI, ETT, and SDI, and FUTA filings. Additional taxes are Defendant's responsibilty. Estimate Total: $14,000.00 20230912 Carino v. Adventist Health Delano Claims Made Administration wTranslation Jeremy Bollinger 1000.xls Page 3 of 4 Confidential and Proprietary TERMS AND CONDITIONS Provisions: The case estimate is in good faith and does not cover any applicable taxes and fees. The estimate does not make any provision for any services or class size not delineated in the request for proposal or stipulations. Proposal rates and amounts are subject to change upon further review, with Counsel/Client, of the Settlement Agreement. Only pre-approved changes will be charged when applicable. No modifications may be made to this estimate without the approval of PSA (Phoenix Settlement Administrators). All notifications are mailed in English language only unless otherwise specified. Additional costs will apply if translation into other language(s) is required. Rates to prepare and file taxes are for Federal and California State taxes only. Additional charges will apply if multiple state tax filing(s) is required. Pricing is good for ninety (90) days. Data Conversion and Mailing: The proposal assumes that data provided will be in ready-to-use condition and that all data is provided in a single, comprehensive Excel spreadsheet. PSA cannot be liable for any errors or omissions arising due to additional work required for analyzing and processing the original database. A minimum of two (2) business days is required for processing prior to the anticipated mailing date with an additional two (2) business days for a National Change of Address (NCOA) update. Additional time may be required depending on the class size, necessary translation of the documents, or other factors. PSA will keep counsel apprised of the estimated mailing date. Claims: PSA's general policy is to not accept claims via facsimile. However, in the event that facsimile filing of claims must be accepted, PSA will not be held responsible for any issues and/or errors arising out of said filing. Furthermore, PSA will require disclaimer language regarding facsimile transmissions. PSA will not be responsible for any acts or omissions caused by the USPS. PSA shall not make payments to any claimants without verified, valid Social Security Numbers. All responses and class member information are held in strict confidentiality. Additional class members are $10.00 per opt-out. Payment Terms: All postage charges and 50% of the final administration charges are due at the commencement of the case and will be billed immediately upon receipt of the data and/or notice documents. PSA bills are due upon receipt unless otherwise negotiated and agreed to with PSA by Counsel/Client. In the event the settlement terms provide that PSA is to be paid out of the settlement fund, PSA will request that Counsel/Client endeavor to make alternate payment arrangements for PSA charges that are due at the onset of the case. The entire remaining balance is due and payable at the time the settlement account is funded by Defendant, or no later than the time of disbursement. Amounts not paid within thirty (30) days are subject to a service charge of 1.5% per month or the highest rate permitted by law. Tax Reporting Requirements PSA will file the necessary tax returns under the EIN of the QSF, including federal and state returns. Payroll tax returns will be filed if necessary. Under the California Employment Development Department, all taxes are to be reported under the EIN of the QSF with the exception of the following taxes: Unemployment Insurance (UI) and Employment Training Tax (ETT), employer-side taxes, and State Disability Insurance (SDI), an employee-side tax. These are reported under Defendant's EIN. Therefore, to comply with the EDD payroll tax filing requirements we will need the following information: 1. Defendant's California State ID and Federal EIN. 2. Defendant's current State Unemployment Insurance (UI) rate and Employment Training Tax (ETT) rate. This information can be found in the current year DE 2088, Notice of Contribution Rates, issued by the EDD. 3. Termination dates of the class members, or identification of current employee class members, so we can account for the periods that the wages relate to for each class member. 4. An executed Power of Attorney (Form DE 48) from Defendant. This form is needed so that we may report the UI, SDI, and ETT taxes under Defendant's EIN on their behalf. If this form is not provided we will work with the EDD auditors to transfer the tax payments to Defendant's EIN. 5. Defendant is responsible for reporting the SDI portion of the settlement payments on the class member's W-2. PSA will file these forms on Defendant's behalf for an additional fee and will issue an additional W-2 for each class member under Defendant's EIN, as SDI is reported under Defendant's EIN rather than the EIN of the QSF. The Power of Attorney (Form DE 48) will be needed in order for PSA to report SDI payments. 20230912 Carino v. Adventist Health Delano Claims Made Administration wTranslation Jeremy Bollinger 1000.xls Page 4 of 4 Confidential and Proprietary