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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
DONALD H. CARLSON, WARREN )
HART, GERARD HASKINS, )
EARL WEESE, )
and L YLA C. WEESE, Individually and )
as Class Representatives on Behalf of All )
Persons Similarly Situated, )
)
Plaintiffs, )
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vs. )
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STATE OF ALASKA, COMMERCIAL )
FISHERIES ENTRY COMMISSION, )
)
Defendant. )
__________________________)
Case No. 3AN-84-5790 CI
MOTION AND MEMORANDUM FOR ORDER EXTENDING REFUND
APPLICATION DEADLINE.
The class moves for an order extending the deadline for the submission of refund
applications for approximately four months from September 8, 20 13 until December 31,
2013.
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Additional efforts to locate class members last June, using more current address
data bases, have led to led to hundreds of new refund applications since the June
mailing.
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Significant numbers of new claim forms continue to be received, indicating
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The one year refund eligibility window started when applications were mailed to the
4771 individuals eligible for refunds. See, January 2013 Amended Refund
Administration Plan, page 9, paragraph 5. The mailing may have occurred as early as
September 8, 2013. Motion and Memorandum Authorizing Additional Administration
Fees, Exhibit 1, page 5, paragraph 11.
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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 for
Motion 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 action
and oftheir refund eligibility.
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The response rate to the June mailings suggests that many
of these individuals will apply for a refund once they receive notice.
Accordingly, plaintiff requests that the Court enter the proposed order extending
the eligibility period .
DATED this 3rd day of September, 2013 at Juneau, Alaska.
LOREN DOMKE, P.C.
Loren Domke
Attorney for Plaintiffs
Alaska Bar No. 7806037
Certification of Service.
The undersigned hereby certifies that on the 3rd day of September, 2013, a copy of this
motion 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, page
6. This effort has been and continues to be far more successful than anticipated last
Spring. See Exhibit 1, page 2, paragraphs 5-8.
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Exhibit 1, pages 2-3.
Motion and Memorandum for Order Extending Refund Eligibility Deadline.
Carlson v. State, 3AN-84-5790 CI
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
DONALD H. CARLSON, WARREN
HART, GERARD HASKINS,
STEVEN R. LIBBY, EARL WEESE,
and L YLA C. WEESE, Individually and
as Class Representatives on Behalf of All
Persons Similarly Situated,
Plaintiffs,
vs.
STATE OF ALASKA, COMMERICAL
FISHERIES ENTRY COMMISSION,
Defendant.
STATE OF WISCONSIN )
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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 Action
Administration 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 administration
proceedings related to the above-captioned action (the "Action"), per the tenns of the Order on
Combined Motion for Adoption of Plaintiffs' Amended Refund Administration Plan and Motion for
Page I of3
Affidavit of Daniel J. Rieck, Esq.
Carlson v. State of Alaska, Case No.: JAN-84-5790 CI
EXHIBIT 1 PAGE_!_OF P A G l S
Entry of Revised Final Judgment after Fourth Remand (the ''Order''), and at the request of Loren
Domke, Esq. ("Class Counsel'').
3. This Affidavit is based upon my personal knowledge and upon information
provided by Class Counsel, my associates, and staff.
4. The one year application period for receipt of refund application is set to expire
under the January 2013 Amended Refund Administration Plan (see page 9/paragraph 5) on
September 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 there
are many class members who still have not received notice and who will apply once notice
reaches them.
5. A postcard mailing in June (to individuals with claims of at least $500) using
updated address information, elicited hundreds of new claims. Over 120 of these claims have
been processed within the past two days.
6. The June mailing resulted in approval of over $400,000 in new claims paid in July
alone. 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 account
contained 3.3.25 million dollars. When A.B. Data started paying refunds in January 2013, the
account contained about 24.9 million dollars. At the end of July, 86.9 percent of the refund
account had been paid to eligible class members. In the experience of the administrator, this
payment rate is unprecedented for so old a case.
8, It is my opinion and that of my colleagues that another mailed notice, using credit
reporting information, and perhaps published notice in regional print media will result in
significant new claims.
Page 2 of3
Affidavit of Daniel J. Rieck, Esq.
Carlson v. State of Alaska, Case No.: 3AN-84-5790 CI
EXHIBIT ,!_PAGEl:_ OF P A G E S
9. Leaving the application period open for 4 months through the end of 2013 will
allow sufficient time for additional outreach. This will not significantly increase administration
expenses.
Executed this3 o.tr. day of August, 2013 at Milwaukee, Wisconsin.
Page 3 of3
Affidavit of Daniel J. Rieck, Esq.
Carlson v. State of Alaslca, Case No.: 3AN-84-5790 CI
EXHIBIT _1_: _ _PAGES
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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
DONALD H. CARLSON, WARREN )
HART, GERARD HASKINS, EARL WEESE, )
and L YLA C. WEESE, Individually and as )
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Class Representatives on Behalf of All )
Persons Similarly Situated, )
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Plaintiffs,
v.
STATE OF ALASKA, COMMERCIAL
FISHERIES 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 Deadline
Carlson v. State, 3AN-84-5790 CI
The Honorable Andrew Guidi
Superior 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 plaintiffs
Mr. Lance Nelson, attorney for defendant
Order Extending Refund Application Deadline
Carlson v. State, 3AN-84-5790 CI
Assistant to Judge Andrew Guidi
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