Microsoft word - final glenn decl re motion to expedite.doc
WEST PUBLISHING CORPORATION, a Minnesota Corporation dba BAR/BRI, and KAPLAN, Inc., a Delaware Corporation.
DECLARATION OF THOMAS R. GLENN
I am over 21 years of age and am not a party to the above-captioned
action (the “Action”). I have personal knowledge of the facts set forth herein, and
if called as a witness, could and would testify competently with regard to those
I am Senior Vice President and the Chief Operating Officer of
Complete Claim Solutions, LLC ("CCS."). I oversee the implementation of the
Notice Programs and Settlement administration processes working closely with our
service providers, our project managers and our Director of Quality Assurance to
ensure accuracy, efficacy and timeliness of the administration processes and
programs. I have more than 15 years of senior management experience in the
litigation support services and information technology industries.
CCS was appointed as the Notice Administrator to assist in the
process of providing notice to the members of the class in the pendency phase of
this Action, and subsequently named the Claims Administrator in the Settlement
I submit this Declaration in connection with the Plaintiffs-Appellees’
Approximately 88,000 class members have filed claims in this Action.
These claims represent over 124,000 BAR/BRI bar review courses. Under the
terms of the Settlement, Authorized Claimants – those class members whose
claims have been approved for payment by the Claims Administrator or the
District Court – are entitled to their pro rata share of the $49,000,000 Settlement
Fund after deducting the approved costs, fees and expenses associated with the
Barring unforeseen circumstances and assuming a resolution of the
pending appeals, CCS can be in a position to commence with distribution of the
Settlement Fund to Authorized Claimants by December 31, 2008.
Class Counsel has requested CCS to describe the potential
consequences in the event the administration process is significantly delayed
during the appeal of this Action. Based on my experience, a significant delay in
distributing the Settlement Fund to the Authorized Claimants would have an
impact on: (a) CCS’s ability to locate all of the Authorized Claimants in order to
forward their share of the Settlement Fund; and (b) the administration costs that
will be incurred during the period of delay.
During the initial mailing phase of this administration, we received
approximately 32,000 undeliverable Notice and Claim Forms. We were able to
locate approximately 22,500 updated addresses (70%), leaving 9,500 potential
class members that did not receive a mailed notice. This 70% success/update rate
is typical in consumer-type administrations.
Furthermore, according to the United States Census Bureau,
approximately 25% of the U.S. population in the 20-39 age group moved in 2006-
071. Given the nature of the class in this Action, the vast majority of Authorized
Claimants fall into this category. Applying this percentage to the approximate
88,000 claims filed in this Settlement, we can assume that 22,000 class members
that have filed a claim will move annually, and of that 22,000, we may only be able
to locate 15,400 (70%) through updated addresses, resulting in a substantial
number of claimants who will not receive a distribution check. The greater the
length of time between the receipt of the claim and the actual distribution date, the
greater the number of distribution checks that will fail to reach the claimants.
In addition to the loss of Authorized Claimants as time passes,
substantial administration costs will be incurred, which, pursuant to the terms of
the Settlement, will be deducted from the Settlement Fund.
In In re Warfarin Sodium Antitrust Litigation
Settlement"), for which CCS acted as Claims Administrator, an appeal was filed
that delayed the final distribution of settlement proceeds.
In the Warfarin
Settlement, there were approximately 48,685
claimants, as opposed to the approximately 88,000 claims made in this Action.
Based on CCS' experience in the Warfarin
Settlement, costs will
accrue during the time between the settlement approval order and the date an
affirmance would become final. Included in this amount are costs for such items
as maintaining a P.O. Box, maintaining a toll-free number for claimants to call
with questions, answering additional telephone calls, processing additional
http://www.census.gov/population/www/socdemo/migrate/cps2007.html, table 1.
correspondence, including change-of-address forms and status requests, responding
to e-mails, maintaining the www.barbri-classaction.com website, warehousing
documents, calculation and payment of quarterly tax payments, and various
In the Warfarin
Settlement, the average distribution to claimants was
$91.55. During the 34-month delay while the appeal was pending, calls to CCS
claimants averaged over 900 per month.
In contrast, in In re Remeron End Payor Antitrust Litigation
Settlement”), another case where CCS acted as Claims Administrator,
the average distribution was $123.42 in a settlement which generated over 75,000
claims. In the Remeron
Settlement the delay in distribution was limited to 3
months. During that delay, calls to CCS from Remeron claimants averaged 461
The nearly 100% increase in average monthly calls to CCS between
Settlement and Remeron
Settlement was due, in large part, to the
extended delay during the appellate process. The volume increase is particularly
noteworthy given the fact that there were approximately 27,000 fewer claimants in
Settlement as compared to the Remeron
CCS expects that a significant delay in this Action will result in even
greater communications from claimants than those generated from the prior
settlement administrations. Presently, the average number of phone calls generated
by claimants is 362 per month. However, over 50% want to speak to a live
operator. In addition to phone calls, CCS receives in excess of 100 emails per
month from claimants, each of which requires an individualized response.
As a result of the delay in the Warfarin
Settlement due to appeals,
additional costs (fees and out of pocket expenses) ran approximately $5,000 to
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