United States District Court Southern District of New York
Total Page:16
File Type:pdf, Size:1020Kb
Case 1:16-cv-03711-ER Document 667 Filed 12/28/20 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x In re SSA BONDS ANTITRUST : Civil Action No. 1:16-cv-03711-ER LITIGATION : : CLASS ACTION : This Document Relates To: : DECLARATION OF DAVID W. MITCHELL : FILED ON BEHALF OF ROBBINS GELLER ALL ACTIONS. : RUDMAN & DOWD LLP IN SUPPORT OF x APPLICATION FOR AWARD OF ATTORNEYS’ FEES AND EXPENSES 4840-6165-0644.v1 Case 1:16-cv-03711-ER Document 667 Filed 12/28/20 Page 2 of 10 I, DAVID W. MITCHELL, declare as follows: 1. I am a member of the firm of Robbins Geller Rudman & Dowd LLP (“Robbins Geller” or the “Firm”). I am submitting this declaration in support of my Firm’s application for an award of attorneys’ fees, expenses and charges (“expenses”) in connection with services rendered in the above-entitled action (the “Litigation”). 2. This Firm is Co-Lead Counsel of record for Class Plaintiffs Alaska Department of Revenue, Treasury Division, Alaska Permanent Fund Corporation, Iron Workers Pension Plan of Western Pennsylvania, Sheet Metal Workers Pension Plan of Northern California, and the Settlement Classes herein. 3. The information in this declaration regarding the Firm’s time and expenses is taken from time and expense reports and supporting documentation prepared and/or maintained by the Firm in the ordinary course of business. I am the partner who oversaw and/or conducted the day-to- day activities in the Litigation and I reviewed these reports (and backup documentation where necessary or appropriate) in connection with the preparation of this declaration. The purpose of this review was to confirm both the accuracy of the entries on the reports as well as the necessity for, and reasonableness of, the time and expenses committed to the Litigation. As a result of this review, reductions were made to both time and expenses in the exercise of billing judgment. Based on this review and the adjustments made, I believe that the time reflected in the Firm’s lodestar calculation and the expenses for which payment is sought herein are reasonable and were necessary for the effective and efficient prosecution and resolution of the Litigation. In addition, I believe that these expenses are all of a type that would normally be charged to a fee-paying client in the private legal marketplace. - 1 - 4840-6165-0644.v1 Case 1:16-cv-03711-ER Document 667 Filed 12/28/20 Page 3 of 10 4. After the reductions referred to above, the number of hours spent on the Litigation by the Firm is 7,443.75. A breakdown of the lodestar is provided in the attached Exhibit A. The lodestar amount for attorney/paraprofessional time based on the Firm’s current rates is $5,745,376.50. The hourly rates shown in Exhibit A are the usual and customary rates set by the Firm for each individual. 5. The Firm seeks an award of $1,261,480.62 in expenses and charges in connection with the prosecution of the Litigation. Those expenses and charges are summarized by category in the attached Exhibit B. 6. The following is additional information regarding certain of these expenses: (a) Filing, Witness and Other Fees: $1,283.00. These expenses have been paid to the Court for filing fees and to attorney service firms or individuals who either: (i) served process of the complaint or subpoenas; or (ii) obtained copies of court documents for plaintiffs. The vendors who were paid for these services are set forth in the attached Exhibit C. (b) Transportation, Hotels & Meals: $38,566.22. In connection with the prosecution of this case, the Firm has paid for travel expenses to, among other things, attend court hearings, meet with witnesses, and opposing counsel. The date, destination and purpose of each trip is set forth in the attached Exhibit D. (c) Investigators (Lily Haggerty): $2,422.93. Lily Haggerty was retained to assist locating foreign entities. (d) Online Legal and Financial Research: $7,340.14. This category includes vendors such as LexisNexis Products, Transunion Acquisition, and Westlaw. These resources were used to obtain access to SEC filings, factual databases, legal research and for cite-checking of briefs. This expense represents the expenses incurred by Robbins Geller for use of these services in - 2 - 4840-6165-0644.v1 Case 1:16-cv-03711-ER Document 667 Filed 12/28/20 Page 4 of 10 connection with this Litigation. The charges for these vendors vary depending upon the type of services requested. For example, Robbins Geller has flat-rate contracts with some of these providers for use of their services. When Robbins Geller utilizes online services provided by a vendor with a flat-rate contract, access to the service is by a billing code entered for the specific case being litigated. At the end of each billing period in which such service is used, Robbins Geller’s costs for such services are allocated to specific cases based on the percentage of use in connection with that specific case in the billing period. As a result of the contracts negotiated by Robbins Geller with certain providers, the Class enjoys substantial savings in comparison with the “market-rate” for a la carte use of such services which some law firms pass on to their clients. For example, the “market rate” charged to others by LexisNexis for the types of services used by Robbins Geller is more expensive than the rates negotiated by Robbins Geller. (e) My Firm maintained a litigation expense fund for certain common expenses in connection with the prosecution of this case. The category entitled “Litigation Fund Contribution” in each plaintiffs’ counsel’s fee and expense declaration represents contributions to this expense fund. A breakdown of the contributions to and payments made from the litigation expense fund is attached as Exhibit E. 7. The expenses pertaining to this case are reflected in the books and records of this Firm. These books and records are prepared from receipts, expense vouchers, check records and other documents and are an accurate record of the expenses. - 3 - 4840-6165-0644.v1 Case 1:16-cv-03711-ER Document 667 Filed 12/28/20 Page 5 of 10 8. The identification and background of my Firm and its partners is attached hereto as Exhibit F. I declare under penalty of perjury that the foregoing is true and correct. Executed this 28th day of December, at San Diego, California. s/ David W. Mitchell DAVID W. MITCHELL - 4 - 4840-6165-0644.v1 Case 1:16-cv-03711-ER Document 667 Filed 12/28/20 Page 6 of 10 CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on December 28, 2020, I authorized the electronic filing of the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses on the attached Electronic Mail Notice List, and I hereby certify that I caused the mailing of the foregoing via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List. s/ DAVID W. MITCHELL DAVID W. MITCHELL ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) E-mail: [email protected] Case 1:16-cv-03711-ER Document ÿ 667ÿ Filedÿ 12/28/20 !"#ÿ$% Page 7 of 10 FGHIHPQÿSPTUVWGXHUPÿTUVÿGÿYG`aÿbcbdefgehipbbeqrÿSPÿVaÿsstÿuUPv`ÿtPXHXVw`XÿxHXHQGXHUP qIafXVUPHfÿFGHIÿyUXHfaÿxH`X ÿ ÿÿ ÿ ÿÿÿ ÿÿÿ ÿÿdÿ ÿ ÿÿe faTTVagÿsHWUPÿthVGiGWÿ jkdl e d rHfiGVvÿmVGPnIHPÿtIhaVXÿ klde d faVaWgÿoGPHaIÿtPvaV`aPÿ jdplqde d tPXiUPgÿtPXUPaIIHÿ lre dsplre dsptuvwvwvuutwxyzxvlk pep {de ds { dlre d |aXaVÿtPXiUPgÿuGVHIaÿ}ÿSSS rkl e dsrlrÿke ds~uxxuyz~vlep {kpe d YiGvÿqWaV`UPÿuaIIÿ l e d YGVWHPaÿoÿuUffwHÿ}ÿfV k le dsd ÿle d oGPHaIÿxGVaPfaÿuVUfnaXXÿ pk {lqde dspk {xylerr e d ÿfU`aiÿuVwfnPaVÿ jk{l {e dsr l {e dsjk{le pe dsdrl {e d FHfiGaIÿFUVVH`ÿuwfiWGPÿ dkdld e d fUiPÿoÿuwVaXXGÿ jkle dsd le ds{drle d YiVH`XUiaVÿFÿuwVnaÿ k{l e dsl e ds le pe dspl e ds{p l e dsl e d xUwH`ÿmUÿuwVnaÿ k{lke d rUQaVÿtP`UPÿuwVIHPQGWaÿ ekdlpe dsd{lpe ds {lpe d yHfUIaÿxÿuw`aWGPÿ kdlde d sXaiaPÿaPvVHÿIHgaVÿYIGVnaÿ {l de dsd{l de dsr{ttxxlerr e dsr{wu~~lerr e d oaVanÿtÿYUiaPÿ p l pr e ds l pe d |GXVHfnÿfU`aiÿYUwQiIHPÿ rlpe dsdlpe dsplpe d FaVVHIIÿÿoGgHvUTTÿ dpp lkdes lkde FHfiGaIÿYÿoaIItPQaIUÿ dp lkdeslkde YIHPXUPÿfU`aiÿoUfnaVgÿ ep {l{ k{de d |GwIÿFGvH`UPÿqfnIa`ÿ rd{l{ppe d rUhaVXÿqPXH`Iaÿ ldk e dstz~x~vlep {kpe ds ldk e d rGPvGIIÿ|ÿqHPQÿ}ÿfV l ÿe ds{d{l{ e d uVHGPÿiUWG`ÿmHXGXVHfnÿ ke r{l e ds l e ds{e{l e d uaPGWHPÿtPvVaÿmIaWHPQÿ kjdedl e dskjddxyvylerr e dsÿsd{l e d &'!()0$1!2$3!)#3 !$4#5)4"%6"7"89"!$'8@ABCBDCD%9EE% C Case 1:16-cv-03711-ER Document ÿ 667ÿ Filedÿ 12/28/20 !"#ÿ$% Page 8 of 10 FGHIHGPQÿSQTUUÿFTVÿWÿSG XXY`abcdecfXY`ghYi pPqrÿsHrtÿFGPHIÿ euvcgXwuxyaYcfeYxeevghYieuvcXwuxy axhXgdchxwdwYghYificfcufhexwbaYcfeYxeevghYi HtrPtÿrIqUTtÿ ceyvYfaigfxbicwufaigfx pQrqÿÿPTGHÿ ehcvavvecdghYivXeXueufvavvecdghYi fIrÿSHPÿgrhhPÿ ccbbuavxcwicfghYiicfcufcYwfxijkaxhXgdchxwdwYghYilYwcexwavxcwicfghYiicfcYXXuhxavxcwicfghYicycicbbukjkaxhXgdchxwdwYghYi mTtrIÿnÿgrÿWÿsG yceeabcdecfXY`ghYi srqTtÿoPQprHÿgrÿ qceeahcueeghYivwcixvahcueeghYirsahcueeghYi tPPrÿsTqHupÿgrGGPtvUTtÿ dcwwufYfaYYydufecdghYi wpGPqUTupHGÿrhHÿgrGxTTIÿ hcwdYYyaicecdghYi wryUTtÿSQTUUÿgrUrxryÿ vhYccdcadcecvufvghYi fUrGrÿgPGqQpÿ cuwvhacXecdghYi HtrPtÿFGHIHGPQhÿgTUÿ xfqciufgYeaYcfeYxeevghYiexvexgYfxueeaYcfeYxeevghYizl{|}zYhbxufaYcfeYxeevghYi fIrÿsrHqÿgtUÿ cycifaiYXYghYicycifi ~iaxhXgdchxwdwYghYiyYhbxfaiYXYghYi mrPIÿHTGvHÿsrtqHxqhPÿ yqcfvxdvbuahcueeghYirsahcueeghYi SUHHtÿoÿsTITxqhPÿ vqYyeYdvbuawwyecdghYiichhuawwyecdghYixeXuexevyawwyecdghYi mrPIÿnÿrurtÿ ybcdecfavc`xfcduxghYixXuexavc`xfcduxghYihdceechxavc`xfcduxghYi