Kardonick v. JP Morgan Chase & Co. et al

Filing 298

Plaintiff's MOTION for Attorney Fees and Reimbursement of Litigation Expenses by David Kardonick. Responses due by 8/15/2011 (Attachments: # 1 Exhibit Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Ku, Brian)

EXHIBIT 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
DAVID KARDONICK, JOHN DAVID,
and MICHAEL CLEMINS, individually
and on behalf of all others similarly
situated,
Plaintiffs,
v.

JPMORGAN CHASE & CO. and
CHASE BANK USA, N.A.

C. A. No. 1-lO-cv-23235-WMH

Defendants.

DECLARATION OF BRIAN KU IN SUPPORT OF JOINT APPLICATION FOR
ATTORNEYS' FEES AND REIMBURSEMENT OF EXPESNES FILED ON BEHALF
OF KU & MUSSMAN, P.A.
I, Brian Ku, declare as follows:
1. I am a partner with the law firm of Ku & Mussman, P.A. I submit this declaration

in support of my firm's application for an award of attorneys' fees and in connection with

services rendered in this case, as well as the reimbursement of expenses incurred by my firm in
connection with this litigation.

2. My firm performed the following tasks, among others, during the litigation: client
intake communication, investigated the facts underlying the litigation, researched applicable

Florida law, drafted pleadings, reviewed and revised pleadings, attended hearings, and
participated in various conferences with co-counsel regarding all aspects of the case.
3. The schedule attached hereto as Exhibit A is a detailed summary indicating the

amount of time spent by each attorney and paralegal of my firm who was involved in this

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litigation, and the lodestar calculation based on my firm's current biling rates. For attorneys and

paralegals who are no longer employed by my firm, the lodestar calculation is based upon the
billing rates for such attorneys and paralegals in his or her final year of employment by my firm.
The schedule was prepared from contemporaneous time records regularly prepared and

maintained by my firm, which are available at the request of the Court. Time expended in
preparing this application for fees and reimbursement of expenses has not been included in this
request.
4. The hourly rates for the attorneys and paralegals in my firm included in Exhibit A

are the same as the regular current rates charged for non-contingent matters and/or which have

been accepted in other litigation.
5. The total number of hours expended on this litigation by my firm is 115 hours.

The total lodestar for my firm is $40,875.00. See Exhibit A.

6. My firm's lodestar figures are based upon the firm's billing rates, which rates do
not include charges for expense items. Expense items are biled separately and such charges are
not duplicated in my firms' billing rates.
7. As detailed in Exhibit B, my firm has incurred a total of $427.00 in unreimbursed

expenses in connection with the prosecution of this litigation.
8. The expenses incurred in this action are reflected in the books and records of my

firm. These books and records are prepared from expense vouchers, check records and other
source materials and are an accurate record of the expenses incurred.
9. With respect to the standing of my firm, attached hereto as Exhibit C is a brief

biography of my firm and attorneys in my firm who were principally involved in this litigation.

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EXHIBIT A

Lodestar Summary
KU & MUSSMAN, P.A.
Timekeeper

Hours

Rate

(A) Brian Ku
(A) Louis Mussman
(PL) Reyna Sarmiento

101.10
4.90
9.00

$ 375.00

TOTAL

115.00

Timekeeper Status
(P) = Partner
(A) = Attorney
(LC) = Law Clerk
(PL) = Paralegal

375.00
$ 125.00
$

Lodestar
$37,912.50
$1,837.50
$1,125.00

$40,875.00

EXHIBIT B

Ku & Mussman, P.A.
EXPENSE SUMMARY

Expense
Class Notice/Press Release
Mediation
Depositio nIT ra nscri pts
Filing Fee/court Fees
ExpertConsu It
/I nvestigation
Process Server

T ravel/F ood/Misc.

Telephone/F acsimile
In-house photocopying/printing
Postage/Ove rn ig ht/Cou rier

Legal Research
TOTAL

Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$427.00
$0.00
$0.00
$0.00
$0.00
$427.00

KU & MUSSMAN, P.A.
12550 Biscayne Boulevard Suite 406
Miami. Florida 33181
Tel: [phone]
Fax: [phone]

FIRM BIOGRAPHY
Ku & Mussman. P.A. is a multi-faceted firm which concentrates in federal litigation on
behalf of individuals, consumers, and small businesses. Since its 2004 founding. K&M quickly
developed a national civil rights practice, promoting access to public facilities for our disabled
clients. Our client base has since expanded to include consumers, insurance policyholders. and
individuals requiring access to their residences. The firm litigates cases throughout the country.

including both federal and state courts. and prides itself in providing personal and professional
service.

REPRESENTATIVE CASES BY AREA OF PRACTICE
Consumer Protection

Ku & Mussman. P.A. represents clients, both as individuals and as representatives of a class.
in uncovering and stopping unfair trade practices. Whether the problem is a poor product,
misleading advertising, or using fine print to take advantage of consumers, legal remedies exist to
address these and other situations.

In In re: Budeprion XL Sales and Marketing Litigation, MDL No. 2107 (E.D. Pa.), K&M serves as
co-chair of the fact discovery committee in a multi-district class action representing purchasers
alleging fraud and misrepresentation against manufacturers of a generic fòrm of Wellbutrin XL.
(Pending)
In Triplett v. Discover Bank. MDL No. 2217 (N.D. IlL.), K&M serves as class co-counsel in a multiconsumers against Discover Bank alleging breach
district class action representing a national class of
of contract and unfair trade practices in the marketing of credit card "Payment Protection,"

(Pending)
up. Inc., No. 10-23023 (S.D. Fla.). K&M serves as class co-counsel in a class
action representing Florida consumers against Citibank alleging breach of contract and unfair trade
practices in the marketing and administration of credit card "Payment Aid," (Pending)
In Kardonick v. Citg

ro

Disabilty Access & Housing
Ku & Mussman, P.A. is committed to enforcing the Americans with Disabilities Act (ADA),
the Rehabilitation Act. and the Fair Housing Act (FHA) on behalf of our clients. We have brought

hundreds of suits across the country against entities both large and small, including retail stores,
municipalities. universities, libraries, sports stadiums. theaters, hotels. and restaurants.
In Brown v. Nassau County, Case No.: 07 -cv-04811 (JFB )(ETB), K&M successfully prosecuted an
action under the ADA and Rehabilitation Acts against the County requiring it to update and repair

the Nassau Coliseum to greatly increase access for the disabled. During the action, K&M
successfully secured partial summary judgment against the County then entered into a Consent
Decree which was approved by the COUlt.

In Brown v. Showboat Atlantic City Propco. LLC et al., Case NO.08-CV-05145 (NLH)(JS). which
remains pending, K&M filed an action seeking declaratory and injunctive relief clue to barriers to
access at the Defendants' casino. Recently. K&M successfully obtained partial summary judgment
against the Defendants.

In Walden v. Hampton Parks and Recreation. Case No. 4:1O-cv-00127-RAJ -FBS, K&M
successfully prosecuted an ADA and Rehabilitation Act action against the City requiring it to update

and repair the Hampton Coliseum and greatly increase access for the disabled. The parties
eventually entered into a court approved Consent Order which wil greatly increase disabled access
at the propeity.
InSniith etal v. Lowry Park
Zoological Society (~fTampa, Inc., etal, Case
No.:8:07-cv-00333-JDWTBM. K&M brought suit under the ADA and Rehabilitation Acts to increase disabled access at the

Zoo. During the action, K&M successfully secured paitial summary judgment against the
Defendants then entered into a global settlement agreement greatly increasing disabled access at the
property.

BRIAN KU, ESQ.
12550 Biscayne Boulevard, Suite 406, Miami, Florida 33181
Phone: [phone]; Fax: [phone]; Brian(fkumussman.com
LEGAL EXPERIENCE
KU & MUSSMAN, P.A.
Shareholder

Miami, FL
September 2004 - Present

. Co-founder of firm

litigation across the country representing individuals, families, and small businesses
· Prepmed and developed national ADA class action regarding discriminatory access to facilities
· Handled client contact and develop new client relations
· Handled all aspects of federal

· Participated in class actions involving consumer protection including serving as co-chair on fact discovery

committee in pending multi-district action

· Argued successfully several summary judgment motions and other litigation matters in courtrooms around the
country

· Negotiated hundreds of settlements in complex legal matters ranging hom ADA, FHA, Rehabilitation Act.
Personal Injury, and Consumer Protection cases

GILBRIDE, HELLER & BROWN, P.A.
Associate

Miami, FL
March 2003-September 2004

legal issues and draft memoranda in major tax shelter case
litigation involving multimillion dollar real estate venture
· Handled or organized discovery in major accounting malpractice suit involving milions of dollars
· Attended settlement conferences, mediations, and hem'Iiigs in commercial civil
litigation cases
· Researched

· Participated in all aspects of civil

ALLAN KANNER & ASSOCIATES (PLC) New Orleans, LA
Contract Attorney September 2002 - January 2003
· Participated in preparing case for New Jersey Attol1ey General against Spil Act violators
· Drafted briefs for all stages of trial and appellate practice
· Participated in extensive document review in nationwide class action cases
· Prepared memoranda analyzing research and case law on unique forms of recovery

LICENSES
. 11 th Circuit Court of Appeals 2011

· The District of Columbia Bm" 2011

· U.S. District Court, Connecticut 2007
· U.S. District Court, Southel1 District of Florida 2004
· U.S. District Court, Middle District of Florida 2004
. The Florida Bar 2002

EDUCATION

UNIVERSITY OF MIAMI, SCHOOL OF LAW
Juris Doctorate; Cum Laude

Miami, FL
May 2002

· Vice Chair of Law School Social Committee, Intel1ational Moot Court Board

· Entertainment and Sports Law Society

· Spain Study Abroad Program - Summer 2000

COLLEGE OF WILLIAM AND MARY, COLLEGE OF ARTS & SCIENCES
Bachelor af Arts in Govemment
· Varsity Golf Team, Habitat For Humanity, Intramural Tennis

· Candidate for Student Body President

Wiliamsburg, V A

May 1998

LOUIS I. MUSSMAN, ESQ.
12550 Biscayne Blvd., Ste. 406, Miami FL 33181
Phone: [phone]; Fax: [phone]; 10uis(Qkumussman.com

EXPERIENCE:
KU & MUSSMAN,P.A.

Miami. FL
2004 - present

Shareholder,
. Co-founder of firm.
· Implemented successful

litigation and business modeL.

· Handled daily contact with cunent and potential clients and analysis of potential cascs in the fields of ADA, FHA,
Rehabiliation Act Personal Injury, Consumer Protection, Estate Planning, contracts and
many other areas of law.
· Prosecuted numerous complex class action matters in the fields of Consumer Protection and ADA law.
· Handled all aspects of finn wide litigation including motions, pleadings and discovery.
· Prepared successful pleadings and motions on various legal issues.
· Attended on-site inspections for ADA and Rehabilitation Act compliance at all stages of litigation.
· Preparedliundreds of successful settlement agreements and demmidletters to resolve complex matters.

FISCHMAN, HARVEY & DUTTON, P.A. Miami. FL

Associate, 2003 - 2004

· Directed all aspects of massive ADA health care class action litigation encompassing over 1300 individual propcrties,
including cOlmnunication with clients mid experts.
· Defended over 100 on-sight ADA inspections and conducted ADA baniernegotiations.
· Counseled local administrators regarding ADA barriers, settlement tenns and inspection procedures for hcalthcare
(ADA) class action litigation.
· Prepm'ed successful pleadings, motions, and
memoranda of law regarding employment law, ADA class action. contract
disputes and complex commercial
litigation defense.

PROFESSIONAL LICENSES:
· The Florida Bar - member, 2002

· U.S. District Court, Southern, Middle and Northern Districts of Florida
· U.S. District Court, District of COlmecticut
· U.S. District Court, Northern District of Texas

EDUCATION:

UNIVERSITY OF MIAMI SCHOOL OF LAW

Coral Gables, FL

Juris Doctor, May 2002 - magna cum laude

· University of Miami Inter - American Law Review - Associate Editor (20tH -2002)
· Dean's List, Spring 2001 GPA - 4.00; Fall
2001 GPA - 3.714; Spring 2002 GPA - 4.00
· Dean's Cert. of Achievement, Trusts & Estates I (Fall 20(0); Antitrust (Spring 2001)

WASHINGTON UNIVERSITY
Bachelor of Science in Business Administration May 1998

St. Louis, MO

· Major: Finance
· Class Rank: top 16%; Cumulative GPA: 3.61/4.00

· GPA in Major (Finance): 3.94/4.00
· Awarded Deail s List numerous times
· Completed London Semester Program with the London School of Economics

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