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 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
DAVID KARDONICK, JOHN DAVID,
and MICHAL 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 SHPETIM ADEMI IN SUPPORT OF JOINT APPLICATION FOR
ATTORNYS' FEES AND REIMBURSEMENT OF EXPESNES FILED ON BEHALF
OF MICHAEL CLEMINS
I, Shpetim Ademi, declare as follows:
1. I am a parner with the law firm of Ademi & O'Reilly LLP. 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 incured by my
firm in connection with this litigation.

2. My firm performed the following tasks, among others, during the litigation:
investigated the facts underlying the litigation, wrote, reviewed and/or revised the complaints,
and paricipated in settlement discussions.
3. The schedule attached hereto as Exhibit A is a dètailed summar indicating the

amount of time spent by each attorney and paralegal of my firm who was involved in this
litigation, and the lodestar calculation based on my firm's curent biling rates. For attorneys and

i

paralegals who are no longer employed by my firm, the lodestar calculation is based upon the
biling 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 Cour. 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 288.5 hours.

The total

lodestar for my firm is $141,352. See Exhbit A.

6. My firm's lodestar figures are based upon the firm's biling rates, which rates do
not include charges for expense items. Expense items are billed separately and such charges are
not duplicated in my firms' biling rates.

7. As detailed in Exhbit B, my firm has incurred a total of $1,533.13 II
unreimbursed expenses in connection with the prosecution of this litigation.
8. The expenses incured 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 incured.
9. With respect to the standing of my firm, attached hereto as Exhbit C is a brief

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

2

Dated: July 20,2011

3

EXHIBIT

A

Lodestar Summary
ADEMI & O'REILLY LLP
Lodestar

Hours

Rate

Guri Ademi (P)
Shpetim Ademi (P)

12.00
146.50

$575.00
$550.00

$6,900.00
$80,575.00

David Syrios (A)
Corey Mather (A)
John D. Blythin (A)

78.60
34.50
16.90

$425.00
$395.00
$405.00

$33,405.00
$13,627.50
$6,844.50

Timekeeper

TOTAL

Timekeeper Status

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

288.50

i

i......

$141,352.00

EXHIBIT B
(FIRM NAME)

ADEMI & O'REILLY LLP

Expense
Class Notice/Press Release

Total

Mediation
DepositionfT ranscripts
Filing Fee/court Fees

$350.00

ExpertConsultll nvestigation
Process Server
Travel/F ood/Misc.

Telephone/F acsimile
In-house photocopying/printing
Postage/Overn ig htlCo u rier

Legal Research

TOTAL

$415.19
$6.25
$11.10
$77.59
$673.00

$1,533.13

3620 EAST LAYTON AVENUE
CUDAHY, WISCONSIN 531 10

ATTORNEYS AT LAW

TELEPHONE: 14141 4B2-BDDD

FACSIMILE: 14141 4B2-BDO 1

FIRM BIOGRAHY
We litigate securities, aiititist aiid consumer class actions. TIie finn also practices federal
baiikruptcy law aiid federal appellate law.
The Fir's Attorneys

Wisconsin-Milwaukee magiia cum laude in
Wisconsin Law School in 1993, servng as a Notes aiid Comments Editor for
the VVscoiisni Law RevIew. Mter iiiteniiig widi Judge rnlOmas Curaii of die Easteni Distrct of
Wisconsin, he was aii associate with Quarles & Brady LLP iii its corporate finance aiid aiititist groups
from 1993 to 2000, aiid aii associate with Whyte Hirschboeck Dudek S.C. in its securties aiid aiititrst
groups from 2000 to 2001. Hejoiiied Ademi & O'Reilly, LLP iii 2001 ai1Cl heads its securities aiid
Gur Adell graduated from die University of

1990, aiid the University of

antitist litigation practice groups. Guri is recognized as a VVscoiisiii Super Lawyer iii VVSCOiiSiii Super
Lawyers.
Shpeti Adell, die fìni's founder, graduated cum laude from die University of

Wisconsin-Milwaukee iii 1992, widi honors in philosophy aiid history, aiid aii honors thesis iii philosophy.
He graduated from die University ofWisconsiii Law School in 1996. Mter iiiteniiiig widiJudge Charles B.
Schudson of the Wisconsiii Court of Appeals, 1st Distrct, he founded the Soudiside Law Offce iii 1996,
aiid serves as maiiagiig partner of AdemI & O'Reily, LLP. Shpetim is recognized as a VVS'coiisiIi Super
Lawyer ni VVS'coiisJÍi Super Lawyers.

from die University of

Robert K. O'Reily graduated from the University of Toronto with distinction iii 1993, aiid
Wisconsin Law School cum laude iii 1996. He served as an Arcles Editor for die

VVscoiisni Law Review, was elected to the Order of die Coif, aiid received die University League Award for
outstaidiig servce aiid scholarship to the Law SchooL. Mr. O'Reily served as a law clerk for ChiefJudge

Wisconsin from 1996 to
Judge Daiiicl A. Maiiion of die United States Court of Appeals for die Seventh Circuit
from 1997 to 1999. He is a member of Adell & O'Reily, LLP, joining the J.ìn iii 1999. Mr. O'Reilly has
been recognized numerous times on the Sevendi Circuit Honor Roll for his appellate representation.

James E. Shapiro of the United States Baiikptcy Court for the Easteni Distrct of
1997, aiid Circuit

DavidJ. Syros graduated from the Uiiiversity of
Ilinois in 2000, with a degree iii business
administration aiid from Marquette Uiiiversity Law School in 2003. He is aii associate, practicing in

securities, antitrst aiid consumer litigation. David is recognized as a Risnig Staiii VVscoiisJÍi Super
Lawyers.

JoOO D. Blyt graduated cum laude from the University ofWisconsiii-Madison iii 1999,
with a degree in political science aiid from University ofWisconsiil Law School in 2003. He is aii associate,
practiciiig iii securities, aiititist aiid consumer litigation.
Corey M. Mather graduated from the University of
Michigaii iii 2000, widi a degree iii
physics aiid philosophy aiid cum laude trom die Uiiiversity ofWisconsiii Law School iii 2005. He is aii
associate, practiciiig in securities, aiititist aiid consumer litigation. Corey is recognized as a Risnig Stain

VVscoiisiIi Super Larf7ers.

Fir Biogrhy Page 2 of 3

FIRM HIGHLIGHTS
SECURS CLAS ACTIONS
IN RE: SPIEGEL, INC. SECU LrGATION (N. D. II 2002)
We represented the class as Co-Lead cOilisel in this action. Settlement of $17.5 million.

IN RE: EF'DS CORPORATION SECU LrGATION (D. AZ 2002)
We representcd the class as Co-Lead cOilisel in this action. Settlement of $2.5 inion.

IN RE: METAVAN TECHNOLOGIE, INC. SECU LmGATION (MILWAUK COUN, WI 2009)
We represented the class as Co-Lead cOilisel in this action. Settlemcnt of additional disclosures to shareholdcrs.

IN RE: QUOVADX INC. SECU LrGATION (D. CO 2003)
We represented the lead plaiitifl and class as counsel in this action. Scttlement of $9 million.

IN RE: DHB INC. SECU LrGATION (E.D.N.Y. 2005)
We rcpresented one of the lead plaiitifI~ and the class as counsel in this action. Settlement of over $40 million.

IN RE: NORTHTE CORP. SECU LrGATION (D.S.D. 2003)
We reprcsented secondar offering shareholders aiid certain bondholders. Settlcment of $4,0 milon.

IN RE: RAYOVAC, INc.. SECU LrGATION (W.D. WI 2003)
We rcpresented thc class as Liasoii counsel in this action. Settlement of $4, million.

IN RE: KADEL V. GEHL COMPAN, ET AL. (WASHINGTON COUN, WI 2008)
We represented the class as LiaIsoii counsel in this action. Scttlement of additional disclosures to shareholders.

IN RE: TOMOTHERY, INC., SECU LrGATION (W.D. WI 2008)
We represented the class as Li:iisOll cOilisel in this action. Settemcnt of $5 inion pending.

REREENATI REY FI SECU CLS ACTONS:
ADMISTAFF, INC. (N.D. TX)
AGRI CORP. (S.D.N.Y.)

IT'T EDUCATIONAL SYSTEMS (S.D. IN)

BIOTECHNOLOGY GENER CORPORATION (D. N J.
CONFXANT SYSTES, INC. (D. N..J
CORN PRODUCTS INTRNATIONAL, INC. (N.D. IL)

MERGE TECHNOLOGIES, INC. (E.D. WI)
MGIC INVESrMENT CORP. (E.D. WI)

CORUS BANKS

HARES, INC. (N.D. IL)

DATATECINC. (D.NJ.)
DIRECT GENERAL CORl'ORATION (M.D. TN)

Koss (E.D. WI)

OCA, INC. (ED. LA)
OSHKOSH CORP. (E.D.WI)
PARAMETRC CORPORATION (D. MA)

PETcoANIMAStnPLIES, INC. (S.D. CAl

DIVINE, INC. (N.D. IL)

PLEXUS CORP. (E.D.WI)

EscAI, INC. (S.D.N.Y.)

Fì-II CORPORATION (N.D. OH)

R&G FIANCIAL CORP. (S.D.N.Y.)
TAK Two INTRACTIVE (S.D.N.Y.)

HALEY-DAVIDSON, INC. (E.D. WI)

TRATI-I TECI-NOLOGIF~ (C.D. CAl

IMPERIAL CHEMICAL' (S.D.N.Y.)

REREENATI REY FI DERATI, CORPORA'I GoVEANCE AN BUYOUT CLS ACTONS:
AlLIANT ENERGY CORP. (W)
BuCYUS INTRNATIONAL, INC. (W)
COVAD COMMUNICATIONS GROUP, INC. (CA)
GATEWAY,INC. (CA)
GOLDEN WEST l'ÌNANCIA CORP. (CA)

KERZERINTERNATIONALLm. (CA)

12 (T)

RIGGS NATIOAL CORP. (DE)

INTRMAGNETICS GENRAL CORP. (NY)

RITA MEDICAL SYSTEMS, INC. (CA)

JOHNSON OITrnOORS, INC. (W)

SPORTSMAN Guim:, INC. (MN)

KEANE, INC. (MA)

TiuZEC PROPER'OFS, INC. (IL)

LASERS
MARVEL

COPE (CA)

ENTETAINMNT, INC. (DE)

MARSHALL & IL~LE CORP. (W)
MERGE

(W)

Fin Biogrphy Page 3 of 3

ANUST CLASS ACTIONS
IN RE:AUTOMOTIREISHINGPAI .AUST

LrGATION -MDLDKT. No.

1426 (E.D. PA2001)

We acted as co-counsel in more thaii 20 lawsuits brought against the major car paint mannfacturers, inclnding SheiwIii
Wilams, Akzo Nobel, DuPont, PPG Industres aiid BASF. Settlement of
more than $108 milion.

IN RE: INTATIONAL AI TRSPORTATION SURCHAGE .AUST LI. - MDL DKT. No. 1793
(N.D. CAL 2006)
over $200 million.

We represented the cla~s a~ co-counsel Iii this action. Settlement of

BLESING ET AL V. SIRS XM RAio INC. (S.D. NY 2009)
We represented the class as co-counsel in this action. Settlement valued at over $180 milion. (Curently Pending)

REREENATI REENY FI ANUST CLAS ACTONS:
FOND DU LAc BUMPER ExCHANGE INC V..lui Li ENTERPRISE COMPANY LTD ET AL (E.D. WI 201 0)

INRE: POLYURETHANEFoAMANTITRUSTLITIGATIONMDLDKT. No. 2196 (N.D. OH 2010)
LITIGATION. - MDL DKT. No. 2186 (D. ID 2010)
INRE: PHOTOCIIROMIcLENS AN1TilSTLmGATION -MDLDKT. No. 2173 (M.D.
1''12010)

IN RE: FRESH AND PROCE.S POTATOES ANTITRUST

IN RE: MUSICAL INSTRUMENTS AND EQUIPME1\TT ANTUST LmGATION - MDL DKT. No. 2121 (S.D. CAL 2009)

LmGATION - MDL DKT. No. 2060 (N.D. GA 2009)

ANTITRUST

IN RE: ANDRO GEL

IN RE: AFTl~RMARKET AUTOMOTIVE LIGHTING PRODUCTS ANTITRUST LITIGATION - MDL DKT. No. 2007 (C.D. CAL 2009)
IN Rl~: PROCESSED EGG PRODUCTS A.N11TRUST LITIGATION - MDL DKT. No. 2002 (ED. PA 2008)

LmGATION - MDLDKT. No. 1997 (N.D. II. 2008)
1996 (N.D. II.
2008)
IN RE: AFTER MAT Airro FILTERS ANTIUST LmGA TION - MDL DKT. No. 1957 (N.D. II. 2008)
IN HE: PACKAGED ICEAN'DTHUSTLmGATION - MDLDKT. No.
1952
(E.D. MI 2008)
INRE: TET

MF.'SAGINGANTUST

INRE: POTASH

ANTITRUST

LmGATION -MDLDKT. No.

IN RE: CHOCOlATE CONFCTIONARY - MDL DKT. No. 1917 (N.D. PA 2008)
INRE: CATIODERAYTiJBEANTITRUSTLITIGATION-MDLDKT. No. 1917 (N.D. CAL
LAFLAMM ET Ai'. V. SOCIETE

2008)

AIR FRANCE ET AL.. (E.D. NY 2008)

IN HE: GHAPIlCS lROCE.SING UNITS ANTITRUST LITIGATION - MDL DKT. No. 1826 (N.D. CAL 2008)

SKORSTAD v. SAMSUNG ELECTRONICS COMPAN, LTD (N.D. CAL 2007)

CONSUMER CLASS ACTIONS
McKl V. CHAE BAN (E.D. WI 2008)
We represented the class as Lcad Counsel Iii ths action under the Electronic Funds Traisfer Act. Settlement of $2.1 million.

IN RE: COUNYWE FINANCIA" CORP. CUSTOMER DATA SECU BRECH

MDLDKT.No.1998 (W.D.KY 2008)
We represented the cla~s as Co-Counsel in this action. Settement value estimated over $600 milion.

IN RE: HETLD PAYMEN SYSTES, INC., CUSTOMER DATA SECU BRECH
MDLDKT. No. 2046 (S.D. TX2009)
We represented the cla~s a~ a member of the Steering Committee Iii this action. Settlement valne estimated over $4.5 inion
currently pending.

IN RE OCEAN BAN FINANCIA CORP. PRE-SCREING LrGATION - MDL DKT. No. 1998 (N.D. IL 2006)
We represented the class of

Wisconsin Consumers as Lead Counsel in this aetion mider the Fai Credit Reporting Act.

REREENATI RECEY FI CONSUM CLS ACTONS:
WALTONET AL V. BANK OF AMF.RICA COHPOHATIONET AI, (E.D. WI 2011)
CLEMINS V. ALLIACE DATA SYSTEMS CORPORATION ET AL (E.D. WI 2011)
CLES ET AL v. GE
MONEY
BANK (E.D. WI 2011)
CLFMINS v.JP. MOHGAN & Co. CHASE (E.D. WI 2010)
ALEE V. SONY COMPUTER ENRTAINMENT AMERICA, INC.. - (E.D. WI 2010)
IN

RE: TOYOTA

MOTOR CORP. UNINDED

ACCELEHATIONPHODUCTS

IJABILITYLmGA'DON - MDLDKT. No. 2151 (C. D. CAL

IN HE: LIGirr CIGAHETlES MAHKETINGAND SALES PHACTICK~ LITIGATION. - MDL DKT. No. 2068 (D. ME 2009)

IN HE: CHASE BANK USA, N .A., "CImCK LOAN" CONTRACT LITIGATION - MDL DKT. No. 2032 (N.D. CAL 20(9)

lETLCK v. SCJOHNSON & SON INCOHPOHATED (E.D. WI 2008)

2009)