The King County Superior Court recently approved a $45 million settlement in Judd v. AT&T (No. 00-2-17565-5 SEA), a lawsuit claiming that AT&T failed to provide required rate information on collect calls from Washington Department of Corrections facilities during 1996-2000.
After payment of claims submitted by class members, attorney’s fees, case contribution awards, and expenses, it is anticipated that a residual fund of $20 million or more will be available for cy pres distributions. Under CR 23(f)(2), at least 25% of the residual will be awarded to the Legal Foundation of Washington. The remaining amount may be awarded to the Legal Foundation or to any other entity for purposes that have a direct or indirect relationship to the objectives of the underlying litigation or otherwise promote the substantive or procedural interests of members of the certified class. CR 23(f)(2). Entities meeting the requirements of CR 23(f) should consider applying for an award.
A hearing to consider the distribution of the residual funds will be held on Aug. 16, 2013 at 1:30 p.m. at Courtroom W-719 at the King County Superior Court, 516 3rd Avenue, Seattle. Entities that meet the criteria of CR 23(f) may submit applications to receive distributions from the residual funds. Applicants for a cy pres award should file their requests with supporting materials with the King County Clerk’s Office and serve on counsel for the plaintiffs and AT&T by Aug. 5, 2013.
Who should apply?
Counsel for the class and AT&T agree that appropriate recipients may include entities that provide, directly or indirectly, educational, financial, or other assistance to (i) prisoners or former prisoners in Washington state, (ii) the family members of prisoners or former prisoners in Washington state, or (iii) any legal aid or services organization (or their umbrella organizations, including the Legal Foundation of Washington) operating exclusively or nearly exclusively in Washington state which provides educational, financial, or other services for prisoners or former prisoners in Washington state, or the family members of prisoners or former prisoners. However, any entity meeting the requirements of CR 23(f) should consider applying for an award. The ultimate decision regarding eligibility will be made by the Court.
For more information, including contact information for counsel, read the Order Setting Hearing Schedule to Consider Requests for Cy Pres Award and Exhibit A.