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EXHIBIT 3

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UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIAALEXANDRIA DIVISIONIN RE: CAPITAL ONE CONSUMERDATA SECURITY BREACH LITIGATION)))MDL No. 1:19md2915 (AJT/JFA)This Document Relates to the Consumer Cases
DECLARATION OF DAVID F. REIGN IN SUPPORT OF PLAINTIFFS’ MOTION FOR
FINAL APPROVAL OF CLASS ACTION SETTLEMENT
I, David F. Reign, hereby declare and state as follows:1.

My name is David F. Reign. I have personal knowledge of the matters set forth

herein, and I believe them to be true and correct.
2.

I am a former Assistant Special Agent in Charge of the Tampa FBI Field office,with nearly 25 years of investigative experience. I investigated and managed multiple complex
white-collar crime cases, with an emphasis on health care fraud, public corruption, and financial
crimes. As Deputy Chief of the Enron Task Force, I led a team of investigators and analysts inthe successful investigation and prosecution of several executives of the Enron Corporation.
3.

In 2012, I retired from the FBI and began as an investigator with Morgan &Morgan.
4.

In that role I investigate Qui Tam and Class Action matters to include research,

interviews, preparing disclosure statements, and collecting and reviewing evidence.
5.

In this case I was tasked by attorney John Yanchunis to investigate any familial

connection between an objector in this matter, Constance (“Connie”) Pentz, (Doc. 2241), andwell-known professional objector John J. Pentz.

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6.

Using my decades of investigative knowledge, skills, and experience, I havedetermined that objector Constance Pentz is the mother of John J. Pentz.
7.

To reach this conclusion I reviewed numerous online sites to obtain specificinformation that related to Constance Pentz and John J. Pentz. The specific searches are described
below:
a. I utilized the Public Records feature of an online legal research service named
Westlaw, a subsidiary of the Thomson Reuters Corporation. I developed
possible leads and individuals with similar names to locate Constance Pentz andJohn J. Pentz. I used the Westlaw searches to uncover additional facts through
Google searches that would confirm the identity, residences, and other facts. I
then cross referenced several possible positive hits with other known court
documents, newspaper articles, and other writings. The combined searches ofthe Westlaw data and the publicly available news and court documents
confirmed that Constance Pentz was related to John J. Pentz.
b. The cross-referenced news article was dated October 16, 2005, and appeared in
the Pocono Record. The article was about John Pentz being an attorney inStroudsburg, Pennsylvania (where Constance Pentz also resides) discussing his
representation of a client, attached hereto as Exhibit A; and second article wasan obituary of John J. Pentz, Jr. that identified John J. Pentz as a surviving childand provided his wife’s name (Hannah), and the city he resides in (Sudbury),attached hereto as Exhibit B. These details—e.g., Mr. Pentz’s spouse’s nameand residence—were validated through Westlaw and other public sources.

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NEWS

Stroudsburg attorney also to be honored
tonight
ANDREW SCOTT,Pocono Record Writer
Published 12:00 a.m. ET Oct. 16, 2005

Updated 6:08 a.m. ET Jan. 7, 2011

Stroudsburg in the 1960s was the picture of small-town America, a place and time in whichpeople felt safe enough to leave their doors unlocked and criminal trials were rare.
Especially trials requiring the presence of federal agents.
But Stroudsburg attorney John J. Pentz Jr. recently recalled when agents did visit on one
occasion for a case involving his client, Percy Green.
Green was charged with operating a moonshine still in northern Monroe County, using
paraphernalia dating back to the Prohibition era, and supplying the liquor to people at aparty raided by agents.
Former county District Attorney Elmer Christine prosecuted the case before then-county
Judge Fred Davis.
"Percy ended up getting acquitted because they couldn't prove the still was operable," saidPentz, laughing and referring to his former client as a "lovable old Snuffy Smith-typecharacter.""The jury was out a long time before coming back with its verdict," he said. "When I asked
why it took so long, I was told that one of the jurors supposedly drank some of Percy's
moonshine."Pentz recalled Green's situation as the most interesting case he has had in his 47-year career
as a lawyer in Monroe County.
Now in his 50th year as a Pennsylvania Bar Association member, Pentz will be honored,
along with retiring county Judge Peter J. O'Brien, at a county Bar Association dinner at 6
p.m. today at Pocono Manor.
Unlike O'Brien, Pentz doesn't plan to retire anytime soon.
"I enjoy the intellectual challenge of practicing law and the process of applying logicalreasoning to the facts of cases," said the tall, slim Clearfield County native who looks younger
than his age, which he declined to release.

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Born the second of a judge's three children in Dubois, Pentz graduated from Mercersburg
Academy and served in the U.S. Navy for two years, later receiving his law degree at the
University of Michigan Law School.
In 1955, he started practicing in New Haven, Conn., where he met and later married East
Stroudsburg native Connie Beers, then a Yale University student. In 1958, the couple moved
to the Poconos so that she could be closer to New York City to pursue an opera career there.
"Instead, I ended up opening a real estate office in the same building as John," she laughed.
Once in Monroe County, Pentz went to work with attorney Leo Achterman and joined thecounty Democratic Party, campaigning for then-presidential candidate John F. Kennedy.
He later worked with attorneys Charles and Alex Bensinger before opening his own office inStroudsburg. His areas of focus are real estate, estate planning and administration andcorporate and commercial law.
Along the way, the couple raised three sons, and Pentz became involved in the Boy Scouts ofAmerica, Kiwanis Club of the Stroudsburgs and Grace Lutheran Church.
With his office now on North Seventh Street, near the county courthouse, Pentz discussed
some of the changes he has seen over the years.
"When I started in Monroe County, the area was far less busy than it is now," he said.
"Interstate 80 hadn't been built yet. The population was smaller and the county was lessdeveloped, with mostly vacation homes and hunting and fishing clubs.
"There were only 26 lawyers in the county (as opposed to more than 200 now) and one judge
for Monroe and Pike counties," he said. "There was no Public Defender's Office. The judge
just called up whichever attorney was available to defend a client, and that attorney had justminutes to prepare."Those were the days when area attorneys had to do title searches themselves and copy
information by hand since there were no copy machines.
"Technology and the Internet have made things significantly more convenient," Pentz said.
Since trials at the time were rare, procedures were less specialized, he added. For example,
there were no pretrial motions.
"A gentleman's handshake was always good in those days," said Connie Pentz.
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And a gentleman is what her husband has always been, both in and out of the courtroom.
"He loves getting up each morning and going to the office," she said. "He has always gone theextra mile and given his time to his clients. He really cares about people."
Joking that his Saturday hours take away from his golf game, Pentz said, "You have to bepatient.
"You have to be a bit of an actor and orator and use common language jurors canunderstand," he said. "The greatest reward is knowing you've helped someone with aproblem."https://www.poconorecord.com/story/news/2005/10/16/stroudsburg-attorney-also-to-be/51052142007/

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Obituary | John J.
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Sign Guestbook |Send Sympathy Card (https://www.wmhclarkfuneralhome.com/obituary/1521966/cards?
campaign=obituaryInline-cards-textLink-header)John J. Pentz Jr. , 84, died Thursday, June 28, 2012 at home. He was the loving husbandof Connie Pentz, with whom he shared 54 years of marriage last August.
Born on Sept. 2, 1927 in DuBois, he was a son of the late John J. Pentz Sr. and Mabel Ruth
(Peterson) Pentz. John graduated from Mercersburg Academy in 1945 and served in the U.S.
Navy. He graduated from Princeton University in 1951 and the University of Michigan Law
School in 1954. John was a member of the Monroe County Bar Association and thePennsylvania Bar Association. He was a well-known attorney in Stroudsburg for 50 years. He
was a member of the Grace Lutheran Church in East Stroudsburg and served as a Sunday
school teacher and council member. He also volunteered in many capacities with the Boy
Scouts for several years and was a longtime member of the Kiwanis Club of the Stroudsburgs.
In addition to his wife, Connie, he is survived by three sons, John J. Pentz III and his wife,
Hannah, of Sudbury, MA, James "Jamie" Evans Pentz and his wife, Lisa, of Niwot, CO. and David
R. Pentz of East Stroudsburg. He is also survived by four grandchildren, Carter and Julia Pentzof Niwot, CO. and Jacob and George Pentz of Sudbury, MA; a brother, William H. Pentz and his
wife, Marcia, of Berwyn; a brother-in-law, King W. Beers of East Stroudsburg; and several
nieces, nephews and cousins. In addition to his parents, he was preceeded in death by twosisters, Mary Joan Pentz and Helen Jean Bennett.
There will be a viewing on Sunday, July 1, from 2:30pm to 5:00pm at the William H. Clark
Funeral Home, 1003 Main Street, Stroudsburg. The funeral service will be on Monday, July 2 at
10:30AM in St. John's Lutheran Church, 9 North 9th Street, Stroudsburg with the Rev. Gail H.
Kees officiating. Burial will follow in the Stroudsburg Cemetery.
John loved the Lord Jesus Christ with all his heart, and the family requests that memorial
remembrances may be made to a church or charity of one's choice.
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PlainSite®

Legal Document
Illinois Northern District Court
Case No. 1:14-cv-10457
Wright et al v. Nationstar Mortgage LLC
Document 110

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Cover art © 2015 Think Computer Corporation. All rights reserved.
Learn more at http://www.plainsite.org.

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UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ILLINOISEASTERN DIVISION)))
Case No. 14-cv-10457))
Hon. Edmond E. Chang
)
)
)
)
)
NATIONSTAR MORTGAGE LLC,)
Defendant.
)__________________________________________)_____________________________
HEATHER WRIGHT, CAROLE STEWART,JEANETTE CHILDRESS, ROBERT JORDANSEAN HALBERT, DANA SKELTONVANESSA RUGGLES and ROSE SOMERS,
individually and on behalf of all others similarly
situated,
Plaintiffs,
v.

OBJECTOR CONNIE PENTZ’SOPPOSITION TO MOTION FOR LEAVETO CONDUCT LIMITED DISCOVERY
Objector Connie Pentz, by her counsel, hereby opposes Plaintiffs’ Motion for
Leave to Conduct Limited Discovery for the following reasons.
I.

Class Counsel’s Discovery Far Exceeds the Bounds of What Has Been
Permitted in this Circuit and this Court.
While Class Counsel would like to rely on the favorable portions of Judge

Kennelly’s ruling on objector discovery in Kolinek v. Walgreen Co., No. 13 C 4806, they
conveniently omit any mention of the limits that Judge Kennelly placed on the discovery
they requested in that case. They also fail to mention that Mrs. Pentz has already agreed
to produce the documents that Judge Kennelly permitted them to request in Kolinek.
Therefore, with respect to Mrs. Pentz at least, there is no need for any discovery. ClassCounsel already have all of the documents that Judge Kennelly required the objectors to
produce in Kolinek.

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Prior to their meet and confer, Plaintiffs sent to Mr. Pentz a list of the documents
they intended to seek in discovery. See Exhibit A. During the April 8, 2016 telephone
call, Mr. Pentz informed Class Counsel that there are no responsive documents to most of
their requests. There is no retainer agreement, no other attorneys were involved in Mrs.
Pentz’s objections, there are no fee sharing agreements1, and there are no written
communications between Mr. Pentz and his client. Mr. Pentz also offered to send ClassCounsel copies of all objections to class action settlements that Mrs. Pentz has filed
during the past five years, a very sensible limit that Judge Kennelly imposed on ClassCounsel’s open-ended, unlimited request for prior objections in Kolinek. See Exhibit 7 toBalabanian Declaration at p. 20 (“I don’t think it’s overly broad if it goes back to 2010
because it’s asking for objections in other cases. I think five years is enough.”).
Therefore, there is no need for written discovery from objector Pentz, since ClassCounsel either already has all responsive documents, or Mrs. Pentz has agreed to produce
the last five years of her objections as soon as Class Counsel agrees not to seek formal
discovery that exceeds the scope that was permitted in Kolinek. Instead, Class Counsel
has elected to clutter the record and burden this Court’s time with unnecessary discovery.
With regard to item number 7, loan origination documents, those documents areirrelevant to class membership. Mrs. Pentz is indisputably a class member, since she
received a cell phone call from Nationstar, she received individual mailed notice, andNationstar had her cell phone number in its records as of October 14, 2015. Nothing
further is required to establish class membership, pursuant to the Class Notice.
1

Since that April 8, 2016 call, Mrs. Pentz’s counsel on April 28, 2016 retained Arthur Howe of Howe Law
LLC to serve as local counsel. Mrs. Pentz’s counsel will voluntarily provide to Class Counsel the email
between Mr. Pentz and Mr. Howe stating that Mr. Howe’s portion of the fees shall be the fraction of thefees that his lodestar bears to the overall lodestar and that he will bill his time in this matter at the rate of$500 per hour. There are no other fee sharing agreements.

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Moreover, as Mr. Pentz informed Class Counsel, Mrs. Pentz never received a loan
from Nationstar. Class Counsel now claims that if any of Mrs. Pentz’s loan documents
authorize the lender to contact her via cellphone, Nationstar might have acquired one ofthose loans and contacted her through constructive consent, despite the fact that
Nationstar is not challenging Mrs. Pentz’s claim form or asserting a consent defense in
any way. Class Counsel are actively working against the interests of their own clients in
an attempt to defeat an objection to their fee request. Indeed, it is notable that it was ClassCounsel that was arguing against the implied consent defense during the entirety of thiscase, until their own fees were challenged.2
Class Counsel’s position with regard to the need for discovery of loan documents
also undermines their claim in their Memorandum of Law in Support of Motion For Final
Approval of Class Action Settlement that class members may “claim a cash recovery bysubmission of an easy to complete Claim Form that required only a relatively minimal
amount of contact information.” Memorandum at p. 29. If claimants were to bear anaffirmative duty to disprove Nationstar’s implied consent defense in connection with thefiling of a claim form, then the claims process is anything but easy or minimal. Class
members would be forced to locate and pore through possibly ancient loan documents ina vain effort to disprove something it is Nationstar’s burden to establish. This is certainly
would be far more burdensome than the simple class process that Class Counsel has
described to this Court, namely that class members need only affirm that their cell phone
number was called.
2

It is critical to keep in mind that Mrs. Pentz challenges only the excessive 36% fee request. Therefore, herobjection can only help the class, by preserving more of the settlement fund for the payment of claims. She
does not seek to prevent or delay the settlement in any way. For the same reason, Class Counsel’s
harassment of her is solely for their own financial benefit, and not that of the Class. The Class will be
substantially better off once Mrs. Pentz’s objection is upheld, as it was in Gehrich v. Chase.

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Moreover, even if Mrs. Pentz were to gather all of her various loan documents
and produce them, there would be no way of knowing whether Nationstar ever acquired
any of them, and if so, which one. Class Counsel intends to request “loan origination
documents for the loan about which Mrs. Pentz received the calls at issue,” but Mrs.
Pentz has no idea which loan, if any, Nationstar acquired. Only Nationstar, if anyone,
would be able to determine that, and Nationstar is not contesting Mrs. Pentz’s claim (or,to the undersigned’s knowledge, any class member’s claim). The consent defense has
been waived as part of the settlement. Therefore, there is absolutely no purpose to beserved by compelling the production of loan origination documents, since they would notaffect class membership in any event, which was already established by the fact that Mrs.
Pentz’s cell phone number appears in Nationstar’s records.
II.

Discovery of Opposing Counsel Was Denied by Judge Kennelly in Kolinek
and Serves No Useful Purpose in This Case.
In addition to requesting wholly irrelevant documents from the objector clients,

Class Counsel makes an outrageous request for documents from the objectors’ counsel,
including documents unrelated to this case or the objectors in this case. Judge Kennelly
refused to permit this discovery of irrelevant documents from class members’ attorneys in
Kolinek, and this Court should do likewise. Discovery from opposing counsel isextremely rare and highly disfavored. See, e.g., Lincoln Nat’l. Life Ins. v. TCF Nat’lBank, 2011 U.S. Dist. LEXIS 142371 (N.D. Ill. Dec. 12, 2011)(following Shelton v. Am.
Motors Corp., 805 F.2d 1323 (8th Cir. 1986)).
In Shelton, the Eighth Circuit held that discovery of opposing counsel “has long
been discouraged ... disrupts the adversarial system and lowers the standards of the4CaseCase:
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profession ... adds to the already burdensome time and costs of litigation ... and detracts
from the quality of client representation.” 805 F.3d at 1327. The Eighth Circuit in Shelton
set out a three-factor test for when discovery of opposing counsel may be permitted,
which has been adopted by most other circuits, including the Seventh. The party seeking
to take the deposition of opposing counsel must show that “(1) no other means exist to
obtain the information...; (2) the information sought is relevant and nonprivileged; and(3) the information is crucial to the preparation of the case.” Id.
Class Counsel has failed to satisfy any of these three factors. First, all of therequested objections are publicly filed documents, and therefore already available
through other means. Second, the request for documents that relate to confidential
settlements reached on behalf other clients, in other cases, are both irrelevant andprivileged. Most are subject to confidentiality agreements that could not be waived
without obtaining the consent of all parties thereto, a cumbersome and time-consuming
task that has no relevance to the fairness of Class Counsel’s fee request in this case.
Finally, Class Counsel’s requests fail to satisfy the third Shelton factor since they havefailed to demonstrate what relevance any settlement reached on behalf of an unrelatedclient in another matter could possibly have to do with Mrs. Pentz’s objection in thiscase, let alone demonstrate that such information is “crucial” to their preparation for their
fee request.
The sole issue that Mrs. Pentz’s objection raises is the fairness of Class Counsel’srequest for a 36% attorneys’ fee, in the absence of any time records. To the best ofundersigned counsel’s knowledge, no court in this Circuit has permitted the overbroad
discovery sought here by Class Counsel of an objector’s counsel, in contrast to limited

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discovery of an objector him- or herself. There is nothing contained in prior objections
filed on behalf of Mr. Pentz’s former clients, or, even more remotely, any resolutions of
those settlements in other cases, that could possibly have any bearing on the issue of thefairness of Class Counsel’s fee request in this case.
Conclusion
As the Seventh Circuit has repeatedly made clear, “objectors play an essential rolein judicial review of proposed settlements of class actions. . . .” Pearson v. NBTY, Inc.
772 F.3d 778, 787 (7th Cir. 2014); see also Eubank v. Pella Corp, 753 F.3d 718, 720-21(7th Cir. 2014). Judge Posner recently emphasized that the submissions and arguments ofobjectors are often important to the Court’s consideration of class action settlements. In
Redman v. Radioshack Corp., 768 F.3d 622 (7th Cir. 2014), Judge Posner stated:
The judge asked to approve the settlement of a class action is not to assume thepassive role that is appropriate when there is genuine adverseness between theparties rather than the conflict of interest recognized and discussed in many
previous class action cases, and present in this case. See, e.g., Eubank v. Pella
Corp., 753 F.3d 718, 720 (7th Cir. 2014); Staton v. Boeing Co., 327 F.3d 938, 95961 (9th Cir. 2003); In re GMC Pick-Up Truck Fuel Tank Products Liability
Litigation, 55 F.3d 768, 801, 819-20 (3d. Cir. 1995). Critically the judge mustassess the value of the settlement to the class and the reasonableness of theagreed-upon attorneys’ fees for class counsel, bearing in mind that the higher thefees the less compensation will be received by the class members. When there areobjecting class members, the judge’s task is eased because he or she has thebenefit of an adversary process: objectors versus settlors (that is, versus classcounsel and the defendant).
Id. at 629.
Even more recently Seventh Circuit reaffirmed its view on class action
settlements and large attorneys’ fees awards to class counsel in holding that:
Almost all class actions are settled, and as we’ve noted in recent cases a classaction settlement may be the product of tacit collusion between class counsel anddefendant. See, e.g., Pearson v. NBTY, Inc., 772 F.3d 778, 786-87 (7th Cir. 2014);
Redman v. Radioshack Corp., 768 F.3d 622, 629 (7th Cir. 2014); Eubank v. Pella

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Corp., 753 F.3d 718, 720 (7th Cir. 2014). The reason is that the optimal
settlement for these antagonists is one that awards large attorneys’ fees to classcounsel but modest damages to the class members, for then the overall cost of thesettlement to the defendant is capped at a relatively modest level while the classcounsel receive generous attorneys’ fees.
CE Design Ltd. v. King Supply Co., 2015 U.S. App. LEXIS 11117, at 7-8 (7th Cir. June29, 2015). See also, Redman, 768 F.3d at 629 (noting that class counsel is “interested
primarily in the size of the attorneys’ fees provided for in the settlement.”).
Allowing class counsel to serve burdensome discovery requests upon objectingclass members and objector’s counsel would chill the willingness of class members to
exercise their right to object to unfair settlements, especially where, as here, there isnothing relevant to be gained from such discovery. Therefore, Mrs. Pentz respectfully
prays that this Court deny Class Counsel’s requested discovery and grant such other andfurther relief that justice may require.
Respectfully submitted,
Connie Pentz, by her attorneys,/s/ Arthur J. Howe
Arthur J. Howe
Howe Law LLC
155 N Wacker Dr Ste 4250
Chicago, IL 60606
Phone: (312) 600-8336
howe@howe-llc.com/s/ John J Pentz
John J. Pentz, pro hac vice application
pending
19 Widow Rites Lane
Sudbury, MA 01776
Phone: (978) 261-5725
jjpentz3@gmail.com

7

CaseCase:
1:19-md-02915-AJT-JFA
Document
Filed 08/29/22
24 of 24
PageID#
1:14-cv-10457 Document#: 1102251-3
Filed: 04/29/16
Page 8 ofPage
8 PageID#:152849691

CERTIFICATE OF SERVICE
I certify that on April 29, 2016, I electronically filed a true copy of the foregoing
document with the Clerk of the Court by using the CM/ECF system and that theforegoing document is being served this day, via transmission of Notices of Electronic
Filing generated by CM/ECF, upon all counsel who are registered CM/ECF users.
/s/ Arthur J. Howe8