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Declaration of Andrew J. Brown in Support of Plaintiff's Opposition To

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Declaration of Andrew J. Brown in Support of Plaintiff's Opposition To UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x In re BARCLAYS BANK PLC SECURITIES : Master File No. 1:09-cv-01989-PAC LITIGATION : : CLASS ACTION : This Document Relates To: : : ALL ACTIONS. : x DECLARATION OF ANDREW J. BROWN IN SUPPORT OF PLAINTIFF’S OPPOSITION TO UNDERWRITER DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [CONFIDENTIAL – FILED UNDER SEAL] [EXHIBITS 5-70] 1216033_1 I, ANDREW J. BROWN, declare as follows: 1. I am an attorney duly licensed to practice before all of the courts of the State of California and am admitted pro hac vice before this Court. I am a member of the law firm of Robbins Geller Rudman & Dowd LLP, co-counsel of record for Lead Plaintiff in the above-entitled action. I have personal knowledge of the matters stated herein and, if called upon, I could and would competently testify thereto. 2. Attached are true and correct copies of the following exhibits: Exhibit Description Pltf’s Depo. No. Ex. No. 1 Lead Plaintiffs’ Notice of Defendant Deposition of Citigroup 9 Global Markets Inc. Pursuant to Fed R. Civ. P. 30(b)(6), dated June 5, 2015 2 Plaintiffs’ First Request for Production of Documents to the N/A Underwriter Defendants, dated July 29, 2014 3 Underwriter Defendants’ Responses and Objections to N/A Plaintiffs’ First Request for the Production of Documents, dated August 28, 2014 4 Letter from Gary Hacker to Christopher Stewart, dated N/A October 17, 2014 5 Deposition Transcript of Jack D. McSpadden, dated August N/A 13, 2015 [Confidential – Filed Under Seal] 6 Deposition Transcript of Keith Harding, dated October 28, N/A 2015 [Confidential – Filed Under Seal] 7 Rebuttal of Report by Professor Gary M. Lawrence on N/A Behalf of the Underwriter Defendants, prepared by Professor Richard Puntillo, dated February 2, 2016 [Confidential – Filed Under Seal] 8 Rebuttal Report of Professor Gary M. Lawrence on Behalf of N/A the Underwriter Defendants in Response to Report of Professor Puntillo, dated March 18, 2016 [Confidential – Filed Under Seal] 9 E-mail from Bogdan Ciobanu to Ross Aucutt et al. (cc: 20 Kathryn McLeland et al.) re Project Rimu – draft due diligence lists, dated March 20, 2008 [Confidential – Filed Under Seal] 10 E-mail from Bogdan Ciobanu to Ross Aucutt et al. re Project 21 Rimu Due Diligence Thursday, April 3 @ 11:30 AM ET / 16:30 UK, dated April 1, 2008 [Confidential – Filed Under Seal] - 1 - 1216033_1 Exhibit Description Pltf’s Depo. No. Ex. No. 11 Certified Transcript of April 3, 2008 Due Diligence Call 23 [Confidential – Filed Under Seal] 12 E-mail from Drew Haigh to David Ludwick (cc: Belinda 27 Vickery et al.) re Line item comfort for Rimu and US Shelf, dated April 7, 2008 [Confidential – Filed Under Seal] 13 E-mail from David Ludwick to Jack McSpadden, Darrell 28 Bridgers, Richard Johnson (cc: David Ludwick, Sara Whittington) re US comfort letter – addresses, dated April 8, 2008 [Confidential – Filed Under Seal] 14 E-mail from Sarah Whittington to Kathryn McLeland et al. 31 (cc: David Ludwick, Joost van Amelsfort re Project Rimu – Executed US comfort letter, dated April 9, 2008 [Confidential – Filed Under Seal] 15 E-mail from Bogdan Ciobanu to Ross Aucutt et al. re Project 33 Rimu – Pre-Pricing due dilgence call today @ 10:30 AM NY / 15:30 UK, dated April 8, 2008 [Confidential – Filed Under Seal] 16 E-mail from Raj Cheema to Mark Wrafter (cc: Lucy Fyfe) re 34 Project Rimu – Pre-Settlement due diligence call Friday, April 11 @ 7:30 AM NY / 12:30 UK, dated April 11, 2008 [Confidential – Filed Under Seal] 17 E-mail from Bogdan Ciobanu to Ross Aucutt et al. re Project 37 Rimu – Greenshoe pre-settlement bring down call Tuesday 4/22 @ 9:00 AM NY / 14:00 UK, dated April 21, 2008 [Confidential – Filed Under Seal] 18 E-mail from Nick Lambert to Victoria Hardy and Todd 125 Forman re Circle-up amendment on 20-F, dated April 22, 2008 [Confidential – Filed Under Seal] 19 E-mail from Eric Yoss to NY Market Risk re Formal P&L 187 Apr 2nd – US Portfolio Book, dated April 3, 2008 [Confidential – Filed Under Seal] 20 E-mail from Stephen King to Jerry del Missier et al. re 356 Notational Risk by Product, dated November 19, 2007 [Confidential – Filed Under Seal] 21 E-mail from Nick Hill to Keith Harding (cc: Ross Aucutt, 365 Nick Lambert, Leigh Meyer) re Confidential – Project Rimu, dated March 28, 2008 [Confidential – Filed Under Seal] 22 E-mail from Keith Harding to Drew Haigh (cc: Chris Taylor, 369 Sophie Shi, Victoria Hardy, Todd Foreman) re PwC Executed US Engagement Letter, dated April 8, 2008 [Confidential – Filed Under Seal] 23 E-mail from Drew Haigh to Keith Harding (cc: Chris Taylor 370 et al.) re PwC Executed US Engagement Letter, dated April 8, 2008 [Confidential – Filed Under Seal] - 2 - 1216033_1 Exhibit Description Pltf’s Depo. No. Ex. No. 24 E-mail from Keith Harding to Nick Hill (cc: Ross Aucutt, 371 Nick Lambert, Leigh Meyer) re Confidential – Project Rimu, dated April 18, 2008 [Confidential – Filed Under Seal] 25 Paper for Board Meeting on Thursday 17 April 2008 re 389 Approval of Minutes of Previous Meeting – 20 March 2008, Mini Board Meeting on 7 March 2008 and Finance Committee Meeting on 17 march 2008, dated April 11, 2008 [Confidential – Filed Under Seal] 26 E-mail from Amanda Rose to DG Booth et al. (cc: Marcus 391 Agius, Lawrence Dickinson, Patrick Gonsalves) re FSA, dated March 10, 2008, with attached Memo from Marcus Agius to Directors re Meeting with Callum McCarthy [Confidential – Filed Under Seal] 27 Paper for Board Meeting on Thursday 6 December 2007 re 407 Report of the Board Risk Committee Meeting on 5 December 2007, dated December 6, 2007 [Confidential – Filed Under Seal] 28 Paper for Board Meeting on Thursday 11 April 2008 re 416 Approval of Minutes of Previous Meeting – 20 March 2008, Mini Board Meeting on 7 March 2008 and Finance Committee Meeting on 17 March 2008, dated April 11, 2008 [Confidential – Filed Under Seal] 29 E-mail from Lawrence Dickinson to Danie Cronje, Steve 448 Russell, A. Likierman (cc: R. Broadbent, Chris Lucas, Robert Le Blanc) re Update on Credit Markets, dated November 6, 2007 [Confidential – Filed Under Seal] 30 E-mail from Bob Diamond to Jerry del Missier, Rich Ricci re 483 Lower Tier Issue, dated November 21, 2007 [Confidential – Filed Under Seal] 31 E-mail from John Varley to Robert Le Blanc, Marcus Agius, 486 Chris Lucas, Bob Diamond (re Em to callum), dated March 20, 2008 [Confidential – Filed Under Seal] 32 Paper for Board Meeting on Thursday 17 April 2008 re 487 Approval of Minutes of Previous Meeting – 20 March 2008, Mini Board Meeting on 7 March 2008 and Finance Committee Meeting on 17 March 2008, dated April 11, 2008 [Confidential – Filed Under Seal] 33 UW_Barclays_000005527 [Confidential – Filed Under N/A Seal] 34 UW_Barclays_000036366 [Confidential – Filed Under N/A Seal] 35 UW_Barclays_000036368 [Confidential – Filed Under N/A Seal] - 3 - 1216033_1 Exhibit Description Pltf’s Depo. No. Ex. No. 36 UW_Barclays_000012002 [Confidential – Filed Under N/A Seal] 37 UW_Barclays_000011529 [Confidential – Filed Under N/A Seal] 38 UW_Barclays_000072529 [Confidential – Filed Under N/A Seal] 39 UW_Barclays_000012716 [Confidential – Filed Under N/A Seal] 40 UW_Barclays_000061582 [Confidential – Filed Under N/A Seal] 41 BARC-ADS-01626223 [Confidential – Filed Under Seal] N/A 42 UW_Barclays_000054005 [Confidential – Filed Under N/A Seal] 43 UW_Barclays_000072684 [Confidential – Filed Under N/A Seal] 44 UW_Barclays_0000001244 [Confidential – Filed Under N/A Seal] 45 BARC-ADS-00819841 [Confidential – Filed Under Seal] N/A 46 BARC-ADS-01573585 [Confidential – Filed Under Seal] N/A 47 BARC-ADS-01573588 [Confidential – Filed Under Seal] N/A 48 UW_Barclays_000039259 [Confidential – Filed Under N/A Seal] 49 UW_Barclays_000058697 [Confidential – Filed Under N/A Seal] 50 UW_Barclays_000058695 [Confidential – Filed Under N/A Seal] 51 UW_Barclays_000058696 [Confidential – Filed Under N/A Seal] 52 BARC-ADS-00002941 (audio recording) [Confidential – N/A Filed Under Seal] 53 BARC-ADS-00927803 [Confidential – Filed Under Seal] N/A 54 BARC-ADS-01017015 [Confidential – Filed Under Seal] N/A 55 BARC-ADS-01022272 [Confidential – Filed Under Seal] N/A 56 BARC-ADS-00780002 [Confidential – Filed Under Seal] N/A 57 UW_Barclays_000017937 [Confidential – Filed Under N/A Seal] 58 UW_Barclays_000054512 [Confidential – Filed Under N/A Seal] 59 UW_Barclays_000054531 [Confidential – Filed Under N/A Seal] 60 UW_Barclays_000054526 [Confidential – Filed Under N/A Seal] - 4 - 1216033_1 Exhibit Description Pltf’s Depo. No. Ex. No. 61 UW_Barclays_000071764 [Confidential – Filed Under N/A Seal] 62 UW_Barclays_000053568 [Confidential – Filed Under N/A Seal] 63 BARC-ADS-0928336-37 [Confidential – Filed Under Seal] N/A 64 BARC-ADS-01551745 [Confidential – Filed Under Seal] N/A 65 UW_Barclays_000032702 [Confidential – Filed Under N/A Seal] 66 BARC-ADS-00792587 [Confidential – Filed Under Seal] N/A 67 BARC-ADS-00792620 [Confidential – Filed Under Seal] N/A 68 BARC-ADS-00792630 [Confidential – Filed Under Seal] N/A 69 BARC-ADS-00833240 [Confidential – Filed Under Seal] N/A 70 BARC-ADS-0154442 [Confidential – Filed Under Seal] N/A I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on December 14, 2016, at San Diego, California. ANDREW J. BROWN - 5 - 1216033_1 CERTIFICATE OF SERVICE I hereby certify that on December 14, 2016, true and correct copies of Memorandum of Law In Support of Plaintiff’s Opposition to Underwriter Defendants’ Motion for Summary Judgment, dated December 14, 2016, along with all exhibits referenced therein, were served via electronic mail on all counsel of record. ANDREW J. BROWN 1216033_1 Case 1:09-cv-01989-PAC Document 211-1 Filed 12/14/16 Page 1 of 10 EXHIBIT 1 Case 1:09-cv-01989-PAC Document 211-1 Filed 12/14/16 Page 2 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x In re BARCLAYS BANK PLC SECURITIES : Master File No.
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