Case 3:15-cv-05150-RBL Document 28 Filed 05/19/15 Page 1 of 5
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HONORABLE RONALD B. LEIGHTON
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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ANNIE MCCULLUMN, TAMI ROMERO
and TAMI ROMERO, on behalf of themselves
and all others similarly situated,
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Plaintiffs,
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CLASS ACTION
Case No. 3:15-cv-05150-RBL
vs.
VANCOUVER HOUSING AUTHORITY,
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Defendant.
DECLARATION OF TAMI ROMERO
IN SUPPORT OF PLAINTIFFS’ MOTION
FOR ATTORNEYS’ FEES, COSTS, AND
INCENTIVE PAYMENTS
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I, Tami Romero, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the
following is true and correct:
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I am one of the class representatives in this action. The Court appointed me as a Class
Representative for the Damages Class and the Declaratory and Injunctive Relief Class.
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I am making this declaration in support of Plaintiff’s motion for attorneys’ fees, costs,
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and incentive payments. The statements in this declaration are based on my personal knowledge of the
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matters discussed. If called as a witness, I could and would competently testify to the following.
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DECLARATION OF TAMI ROMERO
IN SUPPORT OF PLAINTIFF’S MOTION
FOR ATTORNEYS’ FEES, COSTS, AND
INCENTIVE PAYMENTS - 1
[Case No. 3:15-cv-05150-RBL]
Columbia Legal Services
711 Capitol Way S #304
Olympia, WA 98501
(360) 943-6260
(360) 754-4578 (fax)
Case 3:15-cv-05150-RBL Document 28 Filed 05/19/15 Page 2 of 5
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3.
I am a 39-year-old single mother currently caring for three children in my home. I work
as a caregiver. I also receive Basic Food benefits, Medicaid, and subsidized child care when I work.
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In April 2011, I retained Columbia Legal Services to represent me in this matter. When I
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did so, it was with the understanding that they would seek monetary, declaratory, and injunctive relief
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not only for myself but for all tenants who may have paid excess rent because of the Vancouver Housing
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Authority’s (VHA) failure to annually review and adjust its Public Housing utility allowances as
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required by federal law.
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5.
After executing an Attorney-Client Retainer Agreement, I instructed my attorneys at
Columbia Legal Services to handle my claims against VHA as a class action so that we could get relief
for all tenants who had the same claims as I did against VHA.
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I subsequently retained attorneys from Perkins Coie LLP to work with my attorneys from
Columbia Legal Services in negotiating a settlement of this dispute or filing a lawsuit if needed. I did
this, in part, to ensure that I and other tenants would have adequate legal representation should this
matter have to be litigated.
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I understood then, and understand now, that as a class representative I was obligated to
protect the interests of all class members. I have taken this responsibility seriously.
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8.
By agreeing to serve as a class representative, I took risks that other tenants who are
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benefiting from the settlement of this case, did not have to take, both financially and otherwise. As an
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example, I risked the possibility that VHA might get a judgment against me for costs or attorneys’ fees.
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9.
I have regularly maintained contact with my attorneys from Columbia Legal Services for
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over four years, responding to their phone calls and letters as needed. I have spent more than 35 hours
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serving as a class representative. Among other things, I have:
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a. met with my attorneys to discuss this matter, before retaining them to represent me;
DECLARATION OF TAMI ROMERO
Columbia Legal Services
IN SUPPORT OF PLAINTIFF’S MOTION
711 Capitol Way S #304
FOR ATTORNEYS’ FEES, COSTS, AND
Olympia, WA 98501
INCENTIVE PAYMENTS - 2
(360) 943-6260
[Case No. 3:15-cv-05150-RBL]
(360) 754-4578 (fax)
Case 3:15-cv-05150-RBL Document 28 Filed 05/19/15 Page 3 of 5
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b. provided my attorneys with copies of important papers and the information they needed to
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pursue this matter;
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c. responded to their requests for more information and documents they needed to better
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evaluate the merits of our claims against VHA;
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d. participated in client meetings and conference calls as we prepared for mediation;
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e. traveled to Seattle overnight with my infant daughter so that I could attend a full day of
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mediation; and
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f. regularly consulted with my attorneys as needed during our settlement negotiations with
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VHA.
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I actively participated in all settlement discussions and monitored the efforts of my
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attorneys to ensure that they were seeking an agreement that best served the interests of the class.
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At times I have found it difficult to stay involved, because of my work and family
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obligations. Despite this, I have continued to work with my attorneys to settle this dispute.
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12.
Although I am a member of the Damages Class I am not expecting to get a settlement
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check as a result of the settlement of this action. I received a refund check from VHA in the sum of
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$1,588.00 and a $121.00 credit towards a debt I owed VHA in March 2010. This exceeded the refund
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that I would have been due under our theory of the case by a few hundred dollars. I understood from the
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beginning that my financial recovery, if any, would me modest. I retained my attorneys despite this,
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because I knew that my efforts would benefit not only me, but other tenants and would hopefully ensure
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that in the future VHA would annually review and adjust its utility allowances as required by federal
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law.
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13.
When I first retained counsel, we did not discuss the possibility of any incentive payment.
The attorney-client retainer agreements I executed did not mention the possibility of an incentive
DECLARATION OF TAMI ROMERO
Columbia Legal Services
IN SUPPORT OF PLAINTIFF’S MOTION
711 Capitol Way S #304
FOR ATTORNEYS’ FEES, COSTS, AND
Olympia, WA 98501
INCENTIVE PAYMENTS - 3
(360) 943-6260
[Case No. 3:15-cv-05150-RBL]
(360) 754-4578 (fax)
Case 3:15-cv-05150-RBL Document 28 Filed 05/19/15 Page 4 of 5
Case 3:15-cv-05150-RBL Document 28 Filed 05/19/15 Page 5 of 5
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CERTIFICATE OF SERVICE
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I certify, under penalty of perjury under the laws of the United States of America that on
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May 19, 2015, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system,
which will send notification of such filing to counsel on the Electronic Mail Notice List as shown below.
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Electronic Mail Notice List
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The following are those who are currently on the list to receive e-mail notices for this case:
Adrian Urquhart Winder
Foster Pepper PLLC
1111 Third Avenue, Suite 3400
Seattle, Washington 98101-3299
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Manual Notice List
None.
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DATED: May 19, 2015, at Olympia, Washington.
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s/Gregory D. Provenzano
Gregory D. Provenzano
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Columbia Legal Services
711 Capitol Way S #304
Olympia, WA 98501
(360) 943-6260
(360) 754-4578 (fax)
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DECLARATION OF TAMI ROMERO
IN SUPPORT OF PLAINTIFF’S MOTION
FOR ATTORNEYS’ FEES, COSTS, AND
INCENTIVE PAYMENTS - 5
[Case No. 3:15-cv-05150-RBL]
Columbia Legal Services
711 Capitol Way S #304
Olympia, WA 98501
(360) 943-6260
(360) 754-4578 (fax)