Sergei Lemberg, Esq. (Admitted in NY, MA, CT, PA, GA) – PrincipalJody B. Burton, Esq. (Admitted in CT, NY, PA, DC)Stephen Taylor, Esq. (Admitted in CT, NY)Vlad Hirnyk, Esq. (Admitted in CT, NY)Joshua Markovits, Esq. (Admitted in NY)Spencer H. Kuhner, Esq. (Admitted in NY, NJ)Of CounselTrinette G. Kent, Esq. (Admitted in AZ, CA)Sofia Balile, Esq. (Admitted in NY, NJ)Amy L. Cueller, Esq. (Admitted in IN, WI)Curtis R. Hussey, Esq. (Admitted in AL, MS, UT)

Main Office 43 Danbury Road, Wilton, Connecticut 06897 T 203.653.2250 F. 203.653.3424 www.lemberglaw.com

October 6, 2020

VIA FEDEX

Norfolk County Superior CourtCivil Clerk’s Office650 High StreetDedham, MA 02026

RE: Gero v. ADT LLC; No. 1982CV01424

Dear Sir/Madam:

Enclosed for filing in the above-captioned matter please find Plaintiff’s SupplementalInformation Regarding Plaintiff’s Motion for an Award of Attorneys’ Fees and Expenses and theaccompanying Declaration of Stephen Taylor.

Sincerely,

/s/ Stephen TaylorStephen Taylor

cc: Counsel for Defendant

COMMONWEALTH OF MASSACHUSETTS

County of Norfolk

The Superior Court

______________________________________

Benjamin Gero, on behalf of himself and all

others similarly situated,

Plaintiff,

v.

ADT LLC d/b/a ADT Security Systems,

Defendant.

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Civil Docket No.: 1982CV01424

SUPPLEMENTAL INFORMATION REGARDING PLAINTIFF’S MOTION FOR AN

AWARD OF ATTORNEYS’ FEES AND EXPENSES

Plaintiff Benjamin Gero (“Plaintiff”) respectfully submits this supplement in response to the

Court’s October 1, 2020, Request for Additional Information (the “Request”) regarding Plaintiff’s

Motion for an Award of Attorneys’ Fees and Expenses (the “Fee Petition”). The Request sought

additional information concerning (1) the manner, means and time period allowed for persons to lodge

any comment or objection on the Fee Petition and (2) a “court mediation fee” of $3.354.20 listed as

one of Plaintiff’s counsel’s expenses. Plaintiff addresses each as follows:

I. NOTICE REGARDING THE FEE PETITION AND REQUEST

Settlement Class Members were notified that Class Counsel would seek a fee and expense

award in multiple ways and the entire Fee Petition submitted to the Court was posted on the Settlement

Website, www.GeroClass.com, on September 4, 2020.1

First, Settlement Class Members were notified that counsel would seek up to 1/3 of the

Settlement Fund in the Postcard Notice. Pursuant to the July 7, 2020, Preliminary Approval Order

1 The Request and this supplemental will also be posted to the Settlement Website.

regarding “Class Notice” (pg. 4), on August 7, 2020, the class administrator, KCC, mailed the

Postcard Notice to Settlement Class Members. (Taylor Declaration ¶ 4).2 A copy of the Postcard

Notice is attached as Exhibit A to the Declaration of Stephen Taylor. Therein, members were

informed they had a right to object to the settlement and that counsel would request “up to 33%” of

the Settlement Fund in fees and expenses. (Taylor Decl. Ex. A (“Your Other Rights”).

Second, as advised in several places in the Postcard Notice, class members could go to the

Settlement Website, www.GeroClass.com, for additional information and important documents. Id.

There, on the homepage, members were immediately advised that “A Settlement Fund of

$1,347,580.00 has been established to pay valid claims, attorneys’ fees, costs, any incentive award to

the Class Representative” and also that they had a right to object with the deadline to do so. Id. They

were also directed to the Long Form Notice (by hyperlink at the bottom of the page and in the “Case

Documents” page). Id. In the Long Form Notice, members were provided additional detail that class

counsel would seek up to 33% of the fund in fees and expenses and how and when members could

object.3 (Long Form Notice sections 5, 9, 10). This same information was provided in the Frequently

Asked Questions section of the Settlement Website.4

Third, pursuant to the Preliminary Approval Order regarding “Further Papers in Support of

Settlement” (pg. 5), on September 4, 2020, Plaintiff moved for fees and expenses. (Taylor Decl. ¶¶

5-6). This was thirty-three days before the objection deadline of October 7, 2020. As can be seen

from the letter cover page to the motion5, the motion was inadvertently sent to Suffolk Superior Court

2 In advance of the November 17, 2020, Final Approval Hearing, Plaintiff will be filing a motion for

final approval which will contain a declaration from KCC providing more detail on the notice

process. 3 http://www.geroclass.com/media/2938516/v6_ado_notice_080320_final.pdf (the Long Form

Notice). 4 http://www.geroclass.com/frequently-asked-questions.aspx. 5 http://www.geroclass.com/media/2976237/motion_for_attorneys_fees_and_costs.pdf.

rather Norfolk Superior Court. It was then returned to Plaintiff and properly filed with this Court.

(Taylor Decl. ¶ 6). However, this filing error did not prejudice any class member in any way as the

entire Fee Request was posted to the Settlement Website on September 4, 2020, for members to

review. (Taylor Decl. ¶¶ 5 & 7).

Thus, in response to the Court’s first informational inquiry, Settlement Class Members were

informed that Class Counsel would request up to 33% of the fund in fees and expenses, and their right

to object, through direct mail, through publication at the website and additional information in the

Long Form Notice. When the full Fee Request was filed it was immediately placed on the Settlement

Website for Class Members to review, scrutinize and object if any choose to do so.

Regarding the amount of time provided, Settlement Class Members had sixty days to consider

the more simply stated information that Class Counsel will seek “up to 33%” of the Settlement Fund

in fees and expenses. They then had thirty-three days to consider the entire Fee Request posted on

the Settlement Website.

Plaintiff respectfully submits that every reasonable step was taken to timely apprise Settlement

Class Members of the terms of the settlement, the amount sought in fees, the particulars of the Fee

Request, and members’ right to object.

II. THE $3,354.20 COURT MEDIATION FEE REFERS TO THE FEE PAID JAMS

MEDIATION

The $3,354.20 “court mediation fee” expense, listed in Exhibit A to the Declaration of Sergei

Lemberg for December 17, 2019, refers to the fee paid by Class Counsel to JAMS mediation in Boston

through which the Parties mediated. A copy of the JAMS invoice from December 17, 2019, is

attached as Exhibit B to the Declaration of Stephen Taylor.

The Court will note that, on the expenses submitted, there were two entries for “Court

mediation fee” on 12/17/2019, one for $220.80 and one for $3,354.20. The sum of those payments

equals the amount of the JAMS invoice, $3,575.00. Class Counsel’s bookkeeper simply recorded the

transactions internally as a “court mediation fee.” The Court will also note that on July 2, 2020, JAMS

refunded $220.80 (Lemberg Decl. Ex A), and such amount was deducted from Class Counsel’s

balance of expenses.

Dated: October 6, 2020 Respectfully Submitted,

/s/ Stephen Taylor

Sergei Lemberg (BBO#650671)

Stephen Taylor (PHV)

Lemberg Law, LLC

43 Danbury Road

Wilton, CT 06897

Tel: (203) 653-2250

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on October 6, 2020, I served a true and accurate copy of the foregoing to

counsel of record by email.

/s/ Stephen Taylor

Stephen Taylor

COMMONWEALTH OF MASSACHUSETTS

County of Norfolk

The Superior Court

______________________________________

Benjamin Gero, on behalf of himself and all

others similarly situated,

Plaintiff,

v.

ADT LLC d/b/a ADT Security Systems,

Defendant.

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Civil Docket No.: 1982CV01424

DECLARATION OF STEPHEN TAYLOR

I, Stephen Taylor, under penalty of perjury under the laws of the United States of America,

affirm and state as follows:

1. I am a partner at Lemberg Law, LLC, of Wilton, Connecticut and counsel for the

Plaintiff in the above-captioned matter, Benjamin Gero. Unless otherwise stated, I have personal

knowledge of the following facts, and if called and sworn as a witness, could and would

competently testify thereto.

2. I have extensive experience in class action litigation and have been certified as class

counsel in numerous cases. See, e.g., Carlson v. Target Enter., Inc., 2020 WL 1332839 (D. Mass.

Mar. 23, 2020) (final approval of class action settlement for alleged violations of Chapter 93A and

940 C.M.R. § 7.04(1)(f)); Johnson v. Comodo Grp., Inc., 2020 WL 525898, at *1 (D.N.J. Jan. 31,

2020) (contested class certification decision in TCPA action); Lavigne v. First Community

Bancshares, Inc., et al., 2018 WL 2694457, at *5 (D.N.M. June 5, 2018) (certifying TCPA class

action and appointing undersigned as class counsel); Munday v. Navy Federal Credit Union, ECF

No. 60, 15-cv-01629 (C.D. Cal., July 14, 2017) (final approval of class settlement of $2.75MM in

TCPA action); Brown v. Rita’s Water Ice Franchise Co. LLC, No. CV 15-3509, 2017 WL 1021025,

at *1 (E.D. Pa. Mar. 16, 2017) (final approval of class settlement of $3MM common fund in TCPA

action); Vinas v. Credit Bureau of Napa County Inc., Dkt. No. 112, 14-cv-3270 (D. Md. February

22, 2017) (order granting final approval of FDCPA class action settlement); Duchene v. Westlake

Servs., LLC, No. 2:13-CV-01577-MRH, 2016 WL 6916734 (W.D. Pa. July 14, 2016) (final

approval of class settlement of $10MM in TCPA action); Oberther v. Midland Credit Management,

Doc. No. 90, 14-cv-30014 (D. Ma. July 13, 2016) (order granting final approval of FDCPA class

action settlement); Butto v. Collecto, Inc., 290 F.R.D. 372 (E.D.N.Y. 2013) (certifying FDCPA

class action); Seekamp v. It’s Huge, Inc., 2012 WL 860364 (N.D.N.Y. Mar. 13, 2012) (certifying

auto fraud class action); Zimmerman v. Portfolio Recovery Assoc., LLC, 276 F.R.D. 174 (S.D.N.Y.

2011) (certifying FDCPA class action).

3. I submit this declaration in response to the Court’s October 1, 2020, Request for

Additional Information regarding Plaintiff’s Motion for an Award of Attorneys’ Fees and Expenses

(the “Fee Petition”).

4. Pursuant to the class notice plan approved by the Court and the July 7, 2020,

Preliminary Approval Order, on August 7, 2020, the class administrator, KCC, mailed the Postcard

Notice to Settlement Class Members. A copy of the Postcard is attached hereto as Exhibit A.

5. On September 4, 2020, Plaintiff posted the Motion for Attorneys’ Fees and Expenses

on the Settlement Website for class members to review and scrutinize.

6. Inadvertently, the Motion was sent to Suffolk Superior Court for filing. The Motion

was returned to us and then we properly filed it in Norfolk Superior Court.

7. At the time the Motion was posted on the Settlement Website, Settlement Class

Members had thirty-three days, up to October 7, 2020, within which to object to the settlement.

8. Attached as Exhibit B is a true and correct copy of a December 17, 2019, invoice

from JAMS mediation in Boston billed to and paid by my office as Plaintiff’s share in the mediation

costs. This charge represents the “Court mediation fee” entries listed on our expense report.

Dated: October 6, 2020 /s/ Stephen Taylor

Stephen Taylor

Exhibit A

Claim ID or Phone Number called:

Address (only if different from below):

City: State: ZIP:

Current Phone Number (optional):

— —Email (optional):

Certification

By signing and submitting this Claim Form, I certify and affirm that the information I am providing is true and correct to the best of my knowledge and belief, I am over the age of 18, and between November 5, 2015 and July 9, 2020, I received two or more debt collection calls in a seven-day period from ADT LLC d/b/a ADT Security Services or Protection One Alarm Monitoring, Inc.

Signature Date (mm/dd/yyyy)

*BARCODE* <<ClaimID>>

«FirstNAME» «LastNAME»«Addr1» «Addr2»«City», «State»«FProv» «Zip»«FZip»

2D

Claim FormIf you wish to claim your share of the Settlement Fund, please complete, sign, and return this Settlement Claim Form or submit an Online Claim Form.

You must complete and submit a Claim Form postmarked by October 7, 2020. To receive your share, you may submit a Claim Form online at www.GeroClass.com or by completing and submitting this Claim Form. The final amount per Class Member will depend on the total number of valid Claim Forms received. To complete this form, provide the information below and execute the certification.

Gero v. ADT LLC d/b/a ADT Security Systems Settlement Administratorc/o KCC Class Action ServicesP.O. Box 43501Providence, RI 02940-3501

ADO

NOTICE FROM SUPERIOR COURT OF THE COMMONWEALTH OF MASSACHUSETTS

(not a lawyer solicitation)Gero v. ADT LLC d/b/a ADT Security Systems

Case No. 1982CV01424

A settlement has been reached in a class action lawsuit alleging that ADT Security Services (“ADT”) violated the law by placing in excess of two telephone calls in a seven-day period to Massachusetts consumers to collect a debt. Records show that you may be a Class Member and may be entitled to payment under the Settlement Agreement reached in the case.

A Settlement Fund of $1,347,580.00 has been established. Each Class Member is entitled to one equal share of the fund after any attorneys’ fees and costs, any Service Award to the Class Representative, and settlement administration costs are deducted from the fund. The final cash payment for each Class Member will depend on the total number of valid and timely claims filed by all Class Members. Your legal rights are affected whether you act or don’t act, so read this notice carefully.

This Postcard Notice contains limited information about the settlement. For more information or to submit an online Claim Form, visit www.GeroClass.com.

<<B<<C<<<<<Postal Service: Please Do Not Mark Barcode

ADO-«Claim8»-«CkDig»

Claim ID: «Claim8» Pin: «PIN»

«FirstNAME» «LastNAME»«Addr1» «Addr2»«City», «State»«FProv» «Zip»«FZip»«FCountry»

Benjamin Gero v. ADT LLC d/b/a ADT Security Systems, Case No. 1982CV01424 (Norfolk County Superior Court)

THIS CARD PROVIDES LIMITED INFORMATION ABOUT THE SETTLEMENT. VISIT WWW.GEROCLASS.COM FOR MORE INFORMATION.

In the lawsuit, the Plaintiff alleges that ADT violated the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A § 1, et seq. (“MCPA”), and Massachusetts Debt Collection Regulations, 940 Mass. Code Regs. § 7.00, et seq. (“MDCR”), by placing in excess of two calls regarding a debt within a seven-day period to Plaintiff and other Massachusetts consumers. ADT denies any wrongdoing, and specifically denies that it violated the MCPA, the MDCR, or any other law. The Parties have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of further litigation. You can read Plaintiff’s Complaint, the Settlement Agreement, and other case documents, and submit a Claim Form at www.GeroClass.com.

Who’s Included in the Settlement Class? All persons residing in the Commonwealth of Massachusetts to whom, within four years prior to the filing of this action, ADT placed in excess of two telephone calls regarding a debt or alleged debt within a seven-day period to their residence, cellular telephone, or other provided telephone number.

What Can You Get? Class Members who submit a valid and timely Claim Form are entitled to one share from the Settlement Fund. The final cash payment will depend on the total number of valid and timely claims filed by all Class Members. Each claiming Class Member will be entitled to an equal share of the Settlement Fund ($1,347,580.00), after deductions from the fund for administrative costs, attorneys’ fees and expenses, and any Service Award to the Class Representative (Benjamin Gero). The final cash payment will depend on the total number of valid and timely claims filed by all Class Members and the fees, costs and Service Award approved by the Court. The settlement is explained in detail in the Full Notice and in the Settlement Agreement available at www.GeroClass.com.

How to Get Money? To obtain payment, you must submit a valid Claim Form to P.O. Box 43501, Providence, RI 02940-3501 or submit an Online Claim Form by October 7, 2020.

Your Other Rights. You may object to the settlement by October 7, 2020. The Full Notice, located at the website listed below, explains how to object to the settlement. The Court will hold a hearing in this case on November 17, 2020 at 2:00 P.M. to consider whether to approve the settlement, plan of allocation, a Service Award to the Class Representative of up to $10,000.00, and a request by the lawyers representing all Class Members for fees of up to 33% of the Settlement Fund and for reimbursement of expenses for litigating the case and negotiating the settlement. You may attend the hearing and ask to be heard by the Court, but you do not have to.

For more information, call 1-844-799-2416 or visit www.GeroClass.com. Do not contact the Court, Defendant, or its counsel with questions.

Gero v. ADT LLC d/b/a ADT Security Systems Settlement Administratorc/o KCC Class Action ServicesP.O. Box 43501Providence, RI 02940-3501

ADO

PlaceStampHere

Exhibit B

DEPOSIT REQUESTInvoice Date12/17/2019

Invoice Number5079282

Unused deposits will not be refunded until the conclusion of the case. If the case cancels or continues, fees are due per our cancellation and continuance policy. Please make checks payable to JAMS, Inc. Payment is due upon receipt.

Click here to payStandard mail: Overnight mail:

P.O. Box 845402 18881 Von Karman Ave. Suite 350Los Angeles, CA 90084 Irvine, CA 92612

Printed on 1/16/2020 / 1400018223 - Rep# 1 1 of 1

Bill To: Mr. Stephen Taylor Esq.Lemberg Law LLC43 Danbury Rd.Wilton, CT 06897US

Reference #:Billing Specialist:Email:Telephone:Employer ID:

1400018223 - Rep# 1Mindiola, Nicholausnmindiola@jamsadr.com949-224-462668-0542699

RE: Gero, Benjamin, et al. vs. ADT LLC d/b/a ADT Security Systems Neutral(s): Hon. Stephen Neel Ret.

Representing: Benjamin Gero, behalf of himself/others similarly situated

Hearing Type: MEDIATION CJJ

Date / Time Description YourShare

12/17/19 Hon. Stephen E Neel (Ret.) Deposit for services: To be applied to professional time (session time, pre and post session reading, research, preparation, conference calls, travel, etc.), expenses, and case management fees. Failure to pay the deposit by the due date may result in a delay in service or cancellation of the session. With the exception of non-refundable fees, (Please review the Neutral's fee schedule regarding case management fee and cancellation policies), any unused portion of this deposit will be refunded at the conclusion of the case.

$ 3,575.00

  Total Billed: $ 3,575.00

  Total Payment: $ 0

  Balance: $ 3,575.00