Anwar et al v. Fairfield Greenwich Limited et al

Filing 866

DECLARATION of Lawrence A. Kellogg in Support re: (254 in 1:11-cv-00813-VM) MOTION for Attorney Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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PASHA ANWAR, et aI.,

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Plaintiffs,
v.
FAIRFIELD GREENWICH LIMITED, et al.,
Defendants.
This Document Relates to:
Da Silva Ferreira v. EFG Capital International
Corp., et al., ll-CV-813(VM)

Master File No. 09-CV-118 (VM)

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DECLARATION OF LAWRENCE A. KELLOGG IN SUPPORT OF
PLANTIFFS' COUNSEL'S PETITION FOR AN AWARD OF
ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES

Lawrence A. Kellogg, Esq., declares as follows pursuant to 28 U.S.C. § 1746:
1.

I am a partner at the law firm of Levine Kellogg Lehman Schneider + Grossman

LLP ("LKLSG"). I submit this declaration in support of Plaintiffs' Counsel's petition for an
award of attorneys' fees and reimbursement of litigation expenses on behalf of LKLSG who lead
the prosecution of the claims in the above-captioned action (the "Action") from inception
through March 31, 2012 (the "Time Period").
2.

My firm, which served as Lead Counsel in the Action, was involved in all aspects

of the litigation and settlement.
3.

The principal tasks undertaken by LKLSG included (i) conducting an extensive

factual investigation into the events and circumstances underlying this Action; (ii) thoroughly
researching the law regarding the claims brought against EFG Capital and EFG Bank f/k/a EFG
Private Bank SA ("EFG Bank") and the potential defenses thereto; (iii) filing a complaint against
1

EFG Capital and EFG Bank for breach of fiduciary duty, gross negligence, unjust enrichment,
and violation of Florida's Deceptive and Unfair Trade Practices Act ("FDUPTA"); (iv) engaging
in extensive discovery on the merits of the claims, including analysis of over 125,000 pages of
document production in response to multiple requests for production, interrogatories, requests for
admission (and responses thereto); (v) researching and drafting oppositions to both EFG Bank's
Motion to Dismiss and EFG Capital's Motion to Dismiss; (vi) conducting certification discovery
and drafting a motion for class certification; (vii) taking the depositions of six present and former
officers and employees of EFG Capital, including its President and Chairman of the Board; (vii)
defending the deposition of Plaintiff Lorrene da Silva Ferreira; (viii) engaging in extensive settlement negotiations, including two days of mediation; (ix) preparing comprehensive multimedia presentation in conjunction with the mediation sessions; and (x) negotiating and drafting
all of the critical settlement documents including the Memorandum of Settlement, the Settlement
Stipulation, a proposed Preliminary Approval Order and the Notice.
4.

The schedule attached hereto as Exhibit A is a summary indicating the amount of

time spent by each attorney and professional support staff of my firm who was involved in the
prosecution of this Action, and the lodestar calculation based on my firm's applicable billing
rates. The summary was prepared from contemporaneous daily time records regularly prepared
and maintained by my firm, which are available at the request of the Court.
5.

The hourly rates for the attorneys and support staff in my firm, included in Exhib-

it A, are the same as the regular rates charges for their services in similar litigation such as this

Action.

2

6.

The total number of hours expended on this litigation by my firm during the Time

Period is 2,915.5 hours. The time value of those hours, and thus the total lodestar for my firm, is
$888,765.50
7.

My firm's lodestar figures are based upon the firm's billing rates, which do not

include charges for expense items. Expense items are billed separately and such charges are not
duplicated in my firm's billing rates. Moreover, the figures are based on reasonable Miami rates.
They would be much higher if New York rates were used. See, e.g., In re Cont'l Ill. Sec. Litig.,
962 F.2d 566,568 (7th Cir. 1992) (holding that district court committed legal error by placing "a
ceiling of $175 on the hourly rates of all lawyers for the class, including lawyers whose regular
billing rates were almost twice as high").
8.

As detailed in Exhibit B, my firm has incurred a total of $ 88,467.98 in unreim-

bursed expenses incurred in connection with the prosecution of this Action during the Time Period. The expenses incurred are reflected on the books and records of my firm. These books and
records are prepared from expense vouchers, check records and other sources materials and are
an accurate record of the expenses incurred.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
May.,2L, 2012, in Miami, Florida.

3

Exhibit A
Firm: Levine Kellogg Lehman Schneider + Grossman, LLP

Da Silva Ferreira v. EFG Capital International Corp., et aI., ll-CV-813(VM)
Master File No. 09-CV-118 (VM)
Reporting Period: Inception through March 31, 2012
Name
Amanda Star Frazer (a)
Amanda Star Frazer (a)
Amanda Star Frazer (a)
Amanda Quirke (a)
Amanda Quirke (a)
Andrew S. Brown (s)
Andrew S. Brown (s)
Andrew S. Brown (a)
Andrew S. Brown (a)
Maria A. Carattini (p)
Maria A. Carattini (P)
Maria A. Carattini (P)
David M. Levine (a)
Jeffrey C. Schneider (a)
Jason Kellogg (a)
Jason Kellogg (a)
Jason Kellogg (a)
Lawrence A. Kellogg (a)
Lawrence A. Kellogg (a)
Lawrence A. Kellogg (a)
Adam G. Schwartz (a)
Adam G. Schwartz (a)
Sara L. Stein (P)
Sara L. Stein (p)
Brandon M. Thompson (a)
Brandon M. Thompson (a)

Hours
539.3
111.1
0.5
14.6
8
38.1
3.6
26.2
43.1
149.5
156.4
1.3
27
11.3
570.6
365.3
12.5
156.6
237.9
9.3
101.5
59.1
71.2
101.1
41.4
59

Total Hours
Total Fees Amount

2,915.50

(a) Attomey
(P) Paralegal
(s) Summer Associate

Hourly Rate
$ 260.00
$ 280.00
$ 300.00
$ 260.00
$ 295.00
$ 150.00

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

250.00
270.00
160.00
180.00
200.00
530.00
445.00
320.00
340.00
360.00
490.00
510.00
530.00
260.00
295.00
175.00
195.00
240.00
260.00

Fees Amount
$ 140,218.00
$ 31,108.00
150.00
$
3,796.00
$
$ 2,360.00
5,715.00
$

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

6,550.00
11,637.00
23,920.00
28,152.00
260.00
14,310.00
5,028.50
182,592.00
124,202.00
4,500.00
76,734.00
121,329.00
4,929.00
26,390.00
17,434.50
12,460.00
19,714.50
9,936.00
15,340.00

$ 888,765.50

Notes
2010 Rate
2011 Rate
2012 Rate
2010 Rate
2011 Rate
2010 Rate
2010 Rate
2011 Rate
2012 Rate
2010 Rate
2011 Rate
2012 Rate
2010 Rate
2010 Rate
2010 Rate
2011 Rate
2012 Rate
2010 Rate
2011 Rate
2012 Rate
2010 Rate
2011 Rate
2010 Rate
2011 Rate
2010 Rate
2011 Rate

-,

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I

Exhibit B
Firm: Levine Kellogg Lehman Schneider + Grossman, LLP
Da Silva Ferreira v. EFG Capital International Corp., et al., JJ-CV-8J3 (VM)
Master File No. 09-CV-118 (VM)
Reporting Period: Inception through March 31, 2012
EXQenses
Postage
Publication
Process Server
In House Duplicating
Long Distance Calls
Messenger
Parking
Overnight Delivery Service
Outside Duplicating
Filing Fee
Court Reporter Expenses
Westlaw Research
Business Meals
Travel Expenses for Counsel and Client
Video Depositions Fees
Witness Fees
Expert & Consultant Fees
Mediation Fees
Translation Services
Pacer Searches

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

Amount
140.38
835.00
470.00
7,142.09
108.72
179.70
80.00
1,313.10
2,522.81
458.00
29,188.05
7,994.49
1,060.61
9,689.77
1,389.85
129.00
33,963.82
4,937.00
1,983.12
1,622.69

Total EXQenses

$

105,208.20

Reimbursement from Cohen Kinne
Reimbursement from Dan Solin

$
$

(8,370.11)
(8,370.11)

Total Umeimbursed EXQenses

$

88,467.98