Mendon et al v. SS&C Technologies Holdings, Inc. et al

Filing 114

NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: Please take notice that, upon the annexed declaration, and subject to the approval of the Court, Joshua D. Kaye hereby withdraws as counsel for defendants SS&C Technologies Holdings, Inc., DST Systems, I nc., the Advisory Committee of the DST Systems, Inc., 401(k) Profit Sharing Plan, and the Compensation Committee of the Board of Directors of DST Systems, Inc. (the "DST Defendants"). Lewis R. Clayton, Jessica S. Carey, and Jeffrey J. Recher of Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent the DST Parties in this proceeding. Attorney Joshua David Kaye terminated. (Signed by Magistrate Judge Barbara C. Moses on 4/27/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARK MENDON, individually and for his
individual account damages on behalf of the
DST SYSTEMS, INC. 401(K) PROFIT
SHARING PLAN, et al.,
Plaintiffs,
v.

4/27/21

Case No. 18-CV-10252 (ALC)

SS&C TECHNOLOGIES HOLDINGS, INC.,
DST SYSTEMS, INC., THE ADVISORY
COMMITTEE OF THE DST SYSTEMS, INC.,
401(K) PROFIT SHARING PLAN, THE
COMPENSATION COMMITTEE OF THE
BOARD OF DIRECTORS OF DST
SYSTEMS, INC., RUANE, CUNNIFF &
GOLDFARB, INC., and John Does 1-20,

NOTICE AND [PROPOSED]
ORDER FOR WITHDRAWAL OF
COUNSEL

Defendants.

Please take notice that, upon the annexed declaration, and subject to the approval
of the Court, Joshua D. Kaye hereby withdraws as counsel for defendants SS&C Technologies
Holdings, Inc., DST Systems, Inc., the Advisory Committee of the DST Systems, Inc., 401(k)
Profit Sharing Plan, and the Compensation Committee of the Board of Directors of DST Systems,
Inc. (the “DST Defendants”). Lewis R. Clayton, Jessica S. Carey, and Jeffrey J. Recher of Paul,
Weiss, Rifkind, Wharton & Garrison LLP will continue to represent the DST Parties in this
proceeding.

Dated: April 23, 2021
New York, New York

Respectfully submitted,
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
/s/ Joshua D. Kaye
Lewis R. Clayton
Jessica S. Carey
Jeffrey J. Recher
Joshua D. Kaye
1285 Avenue of the Americas
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for the DST Defendants

SO ORDERED:
_______________________________
Barbara Moses U.S.M.J.
April 27, 2021

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARK MENDON, individually and for his
individual account damages on behalf of the
DST SYSTEMS, INC. 401(K) PROFIT
SHARING PLAN, et al.,
Plaintiffs,
v.

Case No. 18-CV-10252 (ALC)

SS&C TECHNOLOGIES HOLDINGS, INC.,
DST SYSTEMS, INC., THE ADVISORY
COMMITTEE OF THE DST SYSTEMS, INC.,
401(K) PROFIT SHARING PLAN, THE
COMPENSATION COMMITTEE OF THE
BOARD OF DIRECTORS OF DST
SYSTEMS, INC., RUANE, CUNNIFF &
GOLDFARB, INC., and John Does 1-20,
Defendants.

DECLARATION OF JOSHUA D. KAYE
I, Joshua D. Kaye, declare and state as follows:
1.

I am an associate at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP

(“Paul, Weiss”), an international law firm with its principal offices at 1285 Avenue of the
Americas, New York, New York 10019, counsel for defendants SS&C Technologies Holdings,
Inc., DST Systems, Inc., the Advisory Committee of the DST Systems, Inc., 401(k) Profit Sharing
Plan, and the Compensation Committee of the Board of Directors of DST Systems, Inc. (the “DST
Defendants”). I submit this declaration in compliance with Local Rule 1.4 to notify the Court that
I am withdrawing as counsel for the DST Defendants because I am leaving the employ of Paul,
Weiss.
2.

Lewis R. Clayton, Jessica S. Carey, and Jeffrey J. Recher of Paul, Weiss, Rifkind,

Wharton & Garrison LLP will continue to represent the DST Parties in this proceeding.

3.

My withdrawal will not delay the matter or prejudice any party.

4.

I am not retaining a charging lien.

I certify under penalty of perjury that the foregoing is true and correct.
Dated: April 23, 2021
New York, New York
/s/ Joshua D. Kaye
Joshua D. Kaye

CERTIFICATE OF SERVICE
I hereby certify that, on April 23, 2021, I caused a true and correct copy of the
foregoing to be served upon all parties to this litigation via the CM/ECF system, and on April 23,
2021, caused a true and correct copy of the foregoing to be served upon Anthony Marinello of
SS&C Technologies, Inc. by Federal Express for overnight delivery.
April 23, 2021
New York, New York
/s/ Joshua D. Kaye
Joshua D. Kaye