Motion to extend Carlson refund application deadline

7/29/2019 Motion to extend Carlson refund application deadline

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IN THE SUPERIOR COURT FOR THE STATE OF ALASKATHIRD JUDICIAL DISTRICT AT ANCHORAGE

DONALD H. CARLSON, WARREN )HART, GERARD HASKINS, )EARL WEESE, )and L YLA C. WEESE, Individually and )as Class Representatives on BehalfofAll )Persons Similarly Situated, )

)Plaintiffs, ))vs. ))

STATE OF ALASKA, COMMERCIAL )FISHERIES ENTRY COMMISSION, ))Defendant. )__________________________)

Case No. 3AN-84-5790 CI

MOTION AND MEMORANDUM FOR ORDER EXTENDING REFUNDAPPLICATION DEADLINE.

The class moves for an order extending the deadline for the submission of refundapplications for approximately four months from September 8, 20 13 until December 31,2013.1 Additional efforts to locate class members last June, using more current addressdata bases, have led to led to hundreds of new refund applications since the Junemailing.2 Significant numbers ofnew claim forms continue to be received, indicating

1 The one year refund eligibility window started when applications were mailed to the4771 individuals eligible for refunds. See, January 2013 Amended RefundAdministration Plan, page 9, paragraph 5. The mailing may have occurred as early asSeptember 8, 2013. Motion and Memorandum Authorizing Additional AdministrationFees, Exhibit 1, page 5, paragraph 11.2 The class moved for additional administration fees last April, authorized by order on

28 April30, 2013. In part, as the Court was then informed, these fees were budgeted forMotion and Memorandum for Order Extending Refund Eligibility Deadline.Carlson v. State, 3AN-84-5790 Cl


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that there are still many class members who have not received notice of the class actionand oftheir refund eligibility.3 The response rate to the June mailings suggests that manyof these individuals will apply for a refund once they receive notice.

Accordingly, plaintiff requests that the Court enter the proposed order extendingthe eligibility period .

DATED this 3rd day of September, 2013 at Juneau, Alaska.LOREN DOMKE, P.C.

Loren DomkeAttorney for PlaintiffsAlaska Bar No. 7806037Certification of Service.

The undersigned hereby certifies that on the 3rd day of September, 2013, a copy of thismotion was served via mail on:Mr. Lance Nelson, Assistant Attorney General / (; /

lr>- t) l> (1._\.Loren Domke

additional outreach. Motion and Memorandum for Additional Administration Fees, page6. This effort has been and continues to be far more successful than anticipated lastSpring. See Exhibit 1, page 2, paragraphs 5-8.3 Exhibit 1, pages 2-3.Motion and Memorandum for Order Extending Refund Eligibility Deadline.Carlson v. State, 3AN-84-5790 CI


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DONALD H. CARLSON, WARRENHART, GERARD HASKINS,STEVEN R. LIBBY, EARL WEESE,and LYLA C. WEESE, Individually andas Class Representatives on BehalfofAllPersons Similarly Situated,Plaintiffs,

vs.STATE OF ALASKA, COMMERICALFISHERIES ENTRY COMMISSION,

Defendant.

STATE OF WISCONSIN )) ss.MILWAUKEECOUNTY )

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Case No. JAN-84-5790 CI

AFFIDAVIT OF DANIEL J. RIECK. ESQ.I, Daniel J. Rieck, being duly sworn, certify as follows:

1. I am an Associate Account Executive with A.B. Data, Ltd.'s Class ActionAdministration Company ("A.B. Data") in Milwaukee, Wisconsin; West Palm Beach, Florida;and New York, New York. My business address is 600 A.B. Data Drive, Milwaukee, WI 53217,and my telephone number is 414-961-7529.

2. I submit this Affidavit in connection with the class action notice administrationproceedings related to the above-captioned action (the "Action"), per the tenns of the Order onCombined Motion for Adoption of Plaintiffs' Amended Refund Administration Plan and Motion for

Page I of3Affidavit of Daniel J. Rieck, Esq.Carlson v. State ofAlaska, Case No.: JAN-84-5790 CI

EXHIBIT1 PAGE_!_OF P A G l S


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Entry of Revised Final Judgment after Fourth Remand (the ''Order''), and at the request of LorenDomke, Esq. ("Class Counsel'').

3. This Affidavit is based upon my personal knowledge and upon informationprovided by Class Counsel, my associates, and staff.

4. The one year application period for receipt of refund application is set to expireunder the January 2013 Amended Refund Administration Plan (see page 9/paragraph 5) onSeptember 10, 2013, which will be one year from the date that refund applications were mailed.However, significant numbers of new claim forms continue to be received, indicating that thereare many class members who still have not received notice and who will apply once noticereaches them.

5. A postcard mailing in June (to individuals with claims of at least $500) usingupdated address information, elicited hundreds of new claims. Over 120 of these claims havebeen processed within the past two days.

6. The June mailing resulted in approval of over $400,000 in new claims paid in Julyalone. At least $500,000 in new claims will be paid in early September, as well.

7 At the end of August, the most current information available, the refund accountcontained 3.3.25 million dollars. When A.B. Data started paying refunds in January 2013, theaccount contained about 24.9 million dollars. At the end of July, 86.9 percent of the refundaccount had been paid to eligible class members. In the experience of the administrator, thispayment rate is unprecedented for so old a case.

8, It is my opinion and that ofmy colleagues that another mailed notice, using creditreporting information, and perhaps published notice in regional print media will result insignificant new claims.

Page 2 of3Affidavit of Daniel J. Rieck, Esq.Carlson v. State ofAlaska, Case No.: 3AN-84-5790 CI EXHIBIT !_PAGEl:_OF P A G E S


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9. Leaving the application period open for 4 months through the end of 2013 willallow sufficient time for additional outreach. This will not significantly increase administrationexpenses.

Executed this3 o.tr. day ofAugust, 2013 at Milwaukee, Wisconsin.

Page 3 of3Affidavit of Daniel J. Rieck, Esq.Carlson v. State ofAlaslca, Case No.: 3AN-84-5790 CI

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DONALD H. CARLSON, WARREN )HART, GERARD HASKINS, EARL WEESE, )and L YLA C. WEESE, Individually and as )

6 Class Representatives on Behalf ofAll )Persons Similarly Situated, )789

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Plaintiffs,v.STATE OF ALASKA, COMMERCIALFISHERIES ENTRY COMMISSION,

Defendant.

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Case no. 3AN-84-5790 CI

ORDER EXTENDING REFUND APPLICATION DEADLINE.The Court having heard and considered arguments of counsel and being fully advise

of the circumstances,IT IS ORDERED, for the reasons stated by the class, that the application period

for the submission of refund claims shall be extended until midnight on December 31,2013.

DONE this__ day of___ 2013 at Anchorage, Alaska.

Order Extending Refund Application DeadlineCarlson v. State, 3AN-84-5790 CI

The Honorable Andrew GuidiSuperior Court Judge


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Certification of Service.The undersigned certifies that on the __ day of__ 2013, a true and correct cop

of this document was served on the following:Mr. Loren Domke, attorney for plaintiffsMr. Lance Nelson, attorney for defendant

Order Extending Refund Application DeadlineCarlson v. State, 3AN-84-5790 CI

Assistant to Judge Andrew Guidi

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Motion to extend Carlson refund application deadline