Anwar et al v. Fairfield Greenwich Limited et al

Filing 867

DECLARATION of Kevin M. Kinne 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 al.,
Plaintiffs,
v.
FAIRFIELD GREENWICH LIMITED, et aI.,

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

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Defendants.
This Document Relates to:
Do Silva Ferreira v. EFG Capital International
Corp.• et al., ll-CV-8J3(VM)

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DECLARATION OF KEVIN M. KINNE IN SUPPORT OF PLANTIFFS'
COUNSEL'S PETITION FOR AN AWARD OF
ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES

Kevin M. Kinne, Esq., declares as follows pursuant to 28 U.S.C. § 1746:

1.

I am a partner at the law finn of Cohen Kinne Valicenti Cook LLP ("Cohen

Kinne"). I submit this declaration in support of Plaintiffs' Counsel's petition for an award of attomeys' fees and reimbursement of litigation expenses on behalf of Cohen Kinne, which contributed to the prosecution of the claims in the above-captioned action (the "Action") from inception through January 31,2012 (the "Time Period").
2.

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

pect of the litigation and settlement.
3.

The principal tasks undertaken by Cohen Kinne included (i) acting as liaison to

the Class Representatives; (ii) drafting an initial demand letter; (iii) conducting an extensive factual investigation into the events and circumstances underlying this action; (iv) researching the
law regarding the claims brought against EFG Capital and EFG Bank flk/a EFG Private Bank SA

("EFG Bank") and the potential defenses thereto; (v) participating in extensive discovery, including mUltiple requests for production to which EFG Capital produced over 125,000 pages of discovery, interrogatories, requests for admission (and responses thereto); (vi) participating in extensive settlement negotiations, including two days of mediation; and (vii) defending the class
representative's deposition.
4.

The schedule attached hereto as Exhibit A is a swnmary 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 current 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 rate for the attorneys and support staff in my firm, included in Exhibit

A, are the same as the regular rates charges for their services in similar litigation such as this.
6.

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

Period is 491.5 hours. The total lodestar for my firm for those hours is $158,560.50. My firm
has expended $]61,035.50 in the prosecution of this Action but received a $2,475.00 retainer
payment from the Plaintiffs. That retainer payment is not included in my firm's lodestar.
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 rates in
Western Massachusetts. They would be higher if New York rates were used. See, e.g., In re
Cont'lllI. Sec. Lilig., 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").

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8.

As detailed in Exhibit B, my frrm has incurred a total of $16,198.39 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

C, 2012, in Pittsfield, Massachusetts.
in M. Kinne, Esq.

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Exhibit A
Firm: Cohen Kinne Valicenti Cook LLP
Da Silva Ferreira v. EFG Capital International Corp., et al., ll-CV-813(VM)
Master File No. 09-CV-118 (VM)
Reporting Period: Inception through January 31, 2012
Name
Todd G. Garbatini (a)
Kevin M. Kinne (a)
Kevin M. Kinne (a)
Thomas Pagliarulo (a)
Ann C. Smith (P)
Ann C. Smith (p)
David E. Valicenti (a)
David E. Valicenti (a)
Total Hours
Total Fees Amount
Payment by Plaintiffs
Total Fees Outstanding
(a) Attorney
(P) Paralegal

Hours
19.5
257.1
79.7
26
60.7
7.3
34.2
7

Hourlv Rate
$ 290.00
$ 360.00
$ 385.00
$ 290.00
$ 140.00
$ 150.00
$ 360.00
$ 385.00

Fees Amount
$ 5,655.00
$ 92,556.00
$ 30,684.50
$ 7,540.00
$ 8,498.00
$ 1,095.00
$ 12,312.00
$ 2,695.00

491.5

$ 161,035.50
$
2,475.00
$ 158,560.50

Notes

Rate as of3/3112011

Rate as of 3/3112011
Rate as of 3/31/2011

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Exhibit B
Firm: Cohen Kinne Valicenti Cook LLP
Da Silva Ferreira v. EFG Capital International Corp., et al., ll-CV-813(VM)
Master File No. 09-CV-118 (VM)
Reporting Period: Inception through January 31, 2012
Expenses

FedEx
Publication
Postage
Photocopies
Legal Research
Travel Expenses
Translation Services
Process Service
Court Reporter
Reimbursement to LKLSG for Expenses
Filing Fees

$
$
$
$
$
$
$
$
$
$
$

A mount
94.88
417.50
2.78
34.80
1,372.12
3,900.27
505.93
155.00
1,270.00
8,370.11
75.00

Total EXQenses

$

16,198.39

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