Case3:07-cv JSW Document123 Filed10/12/12 Page1 of 5

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Dwain Pierce
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1 Case:0-cv-0-JSW Document Filed0// Page of 0 Steve W. Berman (Pro Hac Vice Jeff D. Friedman ( Shana E. Scarlett ( HAGENS BERMAN SOBOL SHAPIRO LLP Hearst Avenue, Suite Berkeley, CA 0 Telephone: (0-000 Facsimile: (0-00 steve@hbsslaw.com jefff@hbsslaw.com shanas@hbsslaw.com Mark Chavez (0 Nance F. Becker ( CHAVEZ & GERTLER LLP Miller Avenue Mill Valley, CA Telephone: ( - Facsimile: ( - mark@chavezgertler.com nance@chavezgertler.com Class Counsel JOSEPH RUWE and ELIZABETH ORLANDO, Individually and on behalf of all others similarly situated, v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Plaintiffs, CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS, Defendant. No. 0-cv-0 JSW DECLARATION OF ELIZABETH ORLANDO IN SUPPORT OF PLAINTIFFS MOTION FOR FINAL APPROVAL OF SETTLEMENT Date: November, Time: :00 a.m. Dept: Courtroom, th Floor Judge: Hon. Jeffrey S. White 000- V

Becker ( CHAVEZ & GERTLER LLP Miller Avenue Mill Valley, CA Telephone: ( - Facsimile: ( - mark@chavezgertler.com nance@chavezgertler.

2 Case:0-cv-0-JSW Document Filed0// Page of 0 I, ELIZABETH ORLANDO, declare as follows:. I am an individual over the age of who resides in Pacific Grove, California. I have personal knowledge of the matters stated herein and, if called upon, I could and would competently testify thereto.. I am a named plaintiff and class representative in a class action lawsuit, Ruwe, et al. v. Cellco Partnership d/b/a Verizon Wireless, Case No. 0-cv-0 JSW, filed in the United States District Court for the Northern District of California on August, 0. I hereby submit this affidavit, on behalf of myself and the settlement classes, in support of plaintiffs motion for final approval of the settlement.. I contracted to obtain cellular telephone service from Verizon Wireless on or about November, 0. At first I had one telephone line for my personal use, and then I added another line primarily for the use of my minor child. apprised of the work done by my attorneys on the case and make my own judgment about the - - APPROVAL OF SETTLEMENT- 0-cv-0 JSW 000- V. On more than one occasion, Verizon Wireless claimed that I had not paid my bill by the designated due date and charged me a $ late fee. On at least one occasion, Verizon Wireless interrupted my cellular service because it claimed I had not paid my bill by the designated due date. Verizon Wireless charged me both a $ late fee, and a $ reconnect fee to restore my service.. I am informed through my counsel that records from Verizon Wireless indicate that I was charged multiple late fees and reconnect fees during the class period.. I decided to become a plaintiff in this lawsuit both to remedy my own problems with Verizon Wireless, and in order to represent other California consumers who have been charged excessive late fees and reconnect fees. By serving as a class representative, I understand that I assume some obligations beyond those of a plaintiff in an ordinary lawsuit. Stated in simple terms, these responsibilities require me to make sure that the interests of the classes are served by the settlement. These responsibilities also require me to ensure that the attorneys for the classes pursue the case diligently, and not place their own interests ahead of those of the classes. I understand that any settlement must be approved by the Court and be fair to the classes.. In addition, as a class representative, I understand that it is my responsibility to be

. I am a named plaintiff and class representative in a class action lawsuit, Ruwe, et al. v. Cellco Partnership d/b/a Verizon Wireless, Case No.

3 Case:0-cv-0-JSW Document Filed0// Page of 0 fairness of any settlement proposed by the lawyers. In evaluating the fairness of the settlement, I am required to consider the interests of all members of the classes, as well as my own. I am free to disagree with my attorneys about the merits of a settlement and make my views known to the Court.. I am familiar with the nature of this class action litigation against Verizon Wireless. In my capacity as plaintiff and class representative, I have read and am familiar with the class action complaint in this matter. I was deposed in this case on May, 0, and filed a declaration in support of class certification on May, 0. I have been in contact with class counsel during the litigation, and have spoken with my attorneys regarding the status of the litigation. Based upon these discussions with my attorneys, I am generally familiar with the nature and extent of Class Counsel s negotiations with Verizon Wireless on behalf of the Class.. I have reviewed the terms of the settlement, discussed those terms with my attorneys, and I am aware of and approve all terms of the proposed settlement, as it affects the members of the two classes and me. Based upon this reading and my discussions with counsel, I understand that Verizon Wireless has agreed to pay $0 million into a common fund to be distributed to class members. I understand that the costs of notice, attorneys fees and expenses and participation awards to the two named representatives will also be paid from the $0 million common fund. 0. I believe that the proposed settlement achieves the major goals of the litigation and is a good result compared to the risks associated with a complex and costly trial. In addition, I recognize that if a trial was held, there is no guarantee that the class would succeed on any or all of the claims presented in this litigation. Thus, the proposed settlement permits an immediate recovery to class members without the risk, delay, and expense of trial. Based upon my understanding of the class claims asserted in this litigation, and my understanding of the terms of the settlement agreement, I believe the proposed settlement is fair, adequate and reasonable, and in the best interests of class members, and should therefore be granted final approval.. I believe the settlement agreement between Verizon Wireless and Class Counsel was reached at arms length, and that the terms of the settlement agreement reflect the independent - - APPROVAL OF SETTLEMENT- 0-cv-0 JSW 000- V

I am free to disagree with my attorneys about the merits of a settlement and make my views known to the Court.. I am familiar with the nature of this class action litigation against Verizon Wireless.

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5 Case:0-cv-0-JSW Document Filed0// Page of CERTIFICATE OF SERVICE I hereby certify that on October,, I electronically filed the foregoing document using the CM/ECF system which will send notification of such filing to the addresses registered in the CM/ECF system, as denoted on the Electronic Mail Notice List, and I hereby certify that I have caused to be mailed a paper copy of the foregoing document via the United States Postal Service to the non-cm/ecf participants indicated on the Manual Notice List generated by the CM/ECF system. 0 /s/ Jeff D. Friedman JEFF D. FRIEDMAN APPROVAL OF SETTLEMENT- 0-cv-0 JSW 000- V

List, and I hereby certify that I have caused to be mailed a paper copy of the foregoing document via the United States Postal Service to the non-cm/ecf

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Patricia Buzenes v. Nuvell Financial Services LLC, et al. Los Angeles County Superior Court, Case No. BC407366 The Court ordered this Notice This is not a solicitation from a lawyer and You are not being