JONATHAN W. CUNEO CUNEO GILBERT & LADUCA, LLP

Transcription

12345JONATHAN W. CUNEOCUNEO GILBERT & LADUCA,LLP507 C Street, NEWashington, DC 20002Telephone:(202) 789-3960Facsimile:(202 789-1813Attorneys for Plaintiff6SUPERIOR COURT OF THE STATE OF CALIFORNIA7IN AND FOR THE COUNTY OF LOS ANGELES89ESTUARDO ARDON,on behalf of himselfand all others similarly situated,10111213Plaintiff,v.CITY OF LOS ANGELES,Defendant.Case No. BC363959DECLARATION OF JONATHAN W.CUNEO ON BEHALF OF CUNEOGILBERT LADUCA,LLP IN SUPPORTOF PLAINTIFF'S APPLICATION FORATTORNEYS'FEES ANDREIMBURSEMENT OF LITIGATIONEXPENSES1415161718Date Action Filed:Trial Date:DATE:TIME:DEPT:JUDGE:December 27, 2006None SetAugust 11, 201610:00 a.m.307Hon. Amy D. Hogue19202122232425262728CUNEO DELL ON BEHALF OF CGL IN SUPPORT OF PLTF'S APP FOR ATTYS' FEES &EXPENSES

12I, JONATHAN W. CUNEO,declare as follows:1.I am a member of the law firm of Cuneo Gilbert & LaDuca, LLP ("CGL"). I3submit this Declaration in support of my firm's application for an award of attorneys' fees in4connection with services rendered in this case, as well as the reimbursement of expenses incurred5by my firm in connection with this litigation.62.My firm acted as plaintiff's counsel in this class action and diligently worked in its7prosecution. The efforts taken in prosecuting this litigation over the course of the last ten years are8delineated in the Joint Declaration of Francis M. Gregorek and Nicholas E. Chimicles in Support9of Plaintiff's Motion for Final Approval of Class Action Settlement, Attorneys' Fees,10Reimbursement of Expenses and Payment of an Incentive Award. To avoid burdening this Court11with repetitive recitations, they will not be repeated here.123.The schedule attached hereto as Exhibit 1 is a detailed summary indicating the13amount of time spent by the partners, attorneys and professional support staff of my firm who14were involved in this litigation, and the lodestar calculation based on my firm's current billing15rates. The schedule was prepared from contemporaneous, daily time records regularly prepared16and maintained by my firm, which are available at the request of the Court.174.The hourly rates for the partners, attorneys and professional support staff in my18firm included in Exhibit 1 are the same as the regular current rates charged for their services in19non-contingent matters and/or which have been accepted and approved in other class action20litigation.215.The total number of hours expended on this litigation by my firm is 442.90 hours.22The total lodestar for my firm is 323,010.00, consisting of 322,116.25 for attorneys' time and23 893.75 for professional support staff time.246.My firm's lodestar figures are based upon the firm's billing rates, which rates do25not include charges for expense items. Expense items are billed separately and such charges are26not duplicated in my firm's billing rates.27287.As detailed in Exhibit 2, my firm has incurred a total of 10,687.81 inunreimbursed expenses in connection with the prosecution of this litigation.- 1CUNEO DECL ON BEHALF OF CGL IN SUPPORT OF PLTF'S APP FOR ATTYS' FEES &EXPENSES

18.The expenses incurred in this action are reflected on the books and records of my2firm. These books and records are prepared from expense vouchers, check records and other3source materials and represent an accurate recordation of the expenses incurred.49.With respect to the standing of counsel in this case, attached hereto as Exhibit 3 is5the Cuneo Gilbert & LaDuca, LLP firm resume including biographies of the attorneys in the firm6who were principally involved in this litigation.7The above is true of my personal knowledge and if called to do so, I could and would8testify competently thereto. I declare under penalty of perjury under the laws of the State of9California that the above is true and correct.10 EXECUTED at Washington, DC on . y ;2016.11 n 12JONATHAN W. CUNEO1314 '1516171819202122232425CITY OF LA/22993262728-2CUNEO DECL ON BEHALF OF CGL IN SUPPORT OF PLTF'S APP FOR ATTYS' FEES &EXPENSES

EXHIBIT 1TELETAX (L.A. City) -LODESTAR REPORTCuneo Gilbert & LaDuca, LLPMay 1, 2006 -June 29, 2016RANKHOURLYRATEJonathan CuneoPartner 895Pamela GilbertPartner 5755.00 2,875.00Sandra CuneoPartner 72522.00 15,950.00Of Counsel 60067.65 40,590.00Partner 650NAMEJon TostrudWilliam AndersonTotal AttorneyTOTALHOURSTOTALLODESTAR162.25 145,213.75180.75 117,487.50437.65 322,116.25Nadia BelkinParalegal 1750.25 43.75Marie SchenkParalegal 1750.50 87.50Melissa SchafferParalegal 1753.50 612.50Annabelle BurgettParalegal 1501.00 150.005.25 893.75Total ParalegalTOTAL442.90 323,010.00

EXHIBIT 2TELETAX (L.A. City) -LODESTAR REPORTCuneo Gilbert & LaDuca, LLPMay 1, 2006 -June 29, 2016ExpensesCopyingTravel -Reasonable Hotels, Transportation, MealsMessenger.Express MailPostageTelephone, Faxsimile, InternetFiling Fees and ServiceTotalCumulativeExpenses 45.50 10,143.08 55.611.42 249.20 193.00 10,687.81

Jonathan VV, neo 1 l p lone: 202-X87-JO6JJONATHAN VV. UNEO is the founding mer ber of Cuneo Gilbert & LaDL ca, LLP, and its predecessor firmstit cludirlg the Cut eo La Group, PC). 1V r. CLirl o has over thirty-five tiTear s of eYpe -ience successfullyrepr-esentin ; a go er-nment agency and a Conbressional Committee; as wel( as plaintiffs in eornplex antitrust,civil and human rights, consut ler protection, corporate overrlance, and secl rities class actions before federaland state courts. He also has extensive experience repr-esentlr a diverse ar r-ay of clients (including pt-ofesslonalassociations buslrlesses, Me1 lbers of Congress, utlions, and itldiv duals} with respect to public policy t lattersbefore co .l ts, Con r ess, the Executive Branch., and independent federal a , enc6es. MI-. Cuneo has al gt ed casesin Federal atld State trial courts ar d appellate courts actoss the cour r}. . Mr. Guneo has represented Members ofCongress as amid before the Supreme Cout-t. Internationally, 1 1r. Cuneo's advocacti helped secure the releaseo Kenyan civil t i hts statesman Koibi Wa V 'ar wer e.He has served as class counsel in cases that hive recovered billions of dollars.i 1 -. Cuneo brims to is legal practice of nearly a decade of ptfor overnmerlt ser ice first as an attornetij in theOffice of the General 'out sel of the Federal Trade Commission (1978-1981) and. then as Counsel to theSubcommittee on 1Vlonopo i s and Cot lmerclal La of the U.S. HOL1S Of Represent .tive's Committee on theJudiciary (1981-198b). He began his (eval career as a la«- cler-l to Jtld e Edwat-d Tat lrn of the L'.S. Court ofA ppeals for the Dlstt-ict of Co] lmbia Circuit (1977-1978).Mr. Cuneo has bee11 t-ecognized for leis achievements as an attorl ey in private practice. The Trial La ; y el-s forPublic Justice selected im as a finalist for its 2 Ob Trial Lav yer of the dear a %ard. He is listed in Who's V 'hoin Ar erlca and enjoys Martindale-Hubbell's highest(AV} rat n . Benchmark has rated Cun o as a locallitigation star-, tert in him a "titan" and ivin Cuneo Gilbet-t & LaDuca, LLP its "hi hlyr recom ended"rating. He -as recetltly eluted as a fellow to the presti lOUS Lltlbatl011 Ot1t1Se1 Of A11'let1Ca.In addition to r-acticin law, lv1r. Cuneo has lectured and pLibllshed on antitrust la v. class actiotl liti , ation, andother- le a1 subjects. HIS UbI1C t10t S 1t 1C LiC . ticles in Class Action Repo ts, the Geor eto n La« Journal. T}leGeo e ashington La v Review, the Legal Times, and tale Yale Human Ri 1ts & Detirelopment La .1our zal.V 'ifih Albert A. Foel , Mr. Cu eo co-authored The International Handbook of Private Entorcem nt ofCompetition La s% {Edward Elgar Pu lishin Inc., ?0.10 -le has been a member of the ad Tisot-y board of the George 'ashington Universit School of La v. Ike hisserved oil n erous nonprofit boards, includinb tl e Appleseed Fou d tion, the Juvenile I a Center . t 1eViolence Policy Center and Fi htez s Initiative for S ippor-t and Tt ainil . He was a foul ding melnbe - of t e Americar Antitrust Institute anc co-founder t the National Association of S areholders and C'c nsumerAt t evs.

CUNEO GILBERT & LADUCA,LLPFIRM PROFILECivil Litigation in Federal and State Courts. General Commercial Practice. Antitrust, Civil Rights,Government Relations, Products Liability, Administrative, Securities, Labor, and Consumer law.ATTORNEYSJonathan W.Cuneo, born New York,New York, September 10, 1952. Admitted to the District ofColumbia Bar, 1977; New York Bar, 2006. Admitted to practice before the United States SupremeCourt, 1994; United States Court of Appeals for the First Circuit, 2006; United States Court ofAppeals for the Second Circuit, 2007; United States Court of Appeals for the Third Circuit, 2004;United States Court of Appeals for the Fourth Circuit, 2005; United States Court of Appeals for theFifth Circuit, 2009; United States Court ofAppeals for the Ninth Circuit, 2007; United States Courtof Appeals for the Tenth Circuit, 2011; United States Court of Appeals for Eleventh Circuit, 2012;United States Court of Appeals for the District of Columbia Circuit, 1978; United States DistrictCourt for the Eastern District of Michigan; United States District Court for the Eastern District ofNew York,2006; United States District Court for the Southern District ofNew York,2006; UnitedStates District Court for the Northern District of New York, 2002; United States District Court forthe District of Columbia, 1978. Education: Columbia University(A.B., 1974); Cornell University(J.D., 1977). Experience: Law clerk to the Honorable Edward Tamm, United States Court ofAppeals, District of Columbia Circuit(1977-1978); Attorney, Office ofthe General Counsel,FederalTrade Commission(1978-1981); Assistant Counsel and Counsel, Subcommittee on Monopolies andCommercial Law,House Committee on the Judiciary(1981-1986); General Counsel, Committee toSupport the Antitrust Laws(1986 - 2004); Legislative Counsel,National Association ofShareholderand Consumer Attorneys (1988-2004); Legislative Counsel, National Coalition of PetroleumRetailers and Service Station Dealers of America (1988-1994). Activities: Arlington CountyDemocratic Committee(1983-1987); Board Member,Juvenile Law Center(2009- ); Board Member,American Antitrust Institute(1998 - 2009); Board Member, Violence Policy Center(1999 - 2009);Board Member,Appleseed Legal Foundation(1999-2005). Honors: Rated byMartindale-Hubbell asAV PreeminentTM; Listed in Marquis "mho's Who in America"; Dean's Board of Advisors, TheGeorge Washington University Law School (2012 —current); Finalist, 2006 Trial Lawyer of theYear, Trial Lawyers for Public Justice. Publications: Judge Tamm and the Evolution ofAdministrative Law: The Apt ofJudging, 74 GEORGETowN L.J. 1595 (1986); Pulling the Plug onAntitrust Law (with Jerry Cohen), THE NATION (1987); House Takes Up Cause ofDiscounters,LEGAL TIMES, Vol X,No. 30(1987);Supreme Court's "Sharp"Ruling Means Higher Prices, FewerChoicesfog Consumers, MANHATTAN LAWYER 19g g ; Chapter, Consumes Protection -- FederalTrade Commission, CHANGING AMERICA: BLUEPRINTS FOR THE NEVV ADMINISTRATION (edited byMark Green)(1992); Antitrust and Clinton: Changes on the Horizon, THE CALIFORNIA LAWYER(1993); Action on Class Actzons, THE RECORDER I997 ;The Gold Vain Case: Successfully Suingthe United States on Behalfofa Class ofHolocaust Era Victims(with Professor Charles Tiefer), 27

CLAss ACTION REPORTS 139(2006); THE INTERNATIONAL HANDBOOK OF PRIVATE ENFORCEMENT OFCOMPETITION LAW (with Albert A. Foer)(Edward Elgar Publishing Inc., 2010). Remediation andDete ence: The Real Requirements ofthe Vindication Doctrine, publication forthcoming (2013),publication forthcoming in George Washington Law Review. Guest Lecturer: Southwestern LawSchool, 1997 and 1998; numerous appearances in CLE programs in the United States and Canada;District of Columbia Judicial Conference (2007). Member: American Bar Association; District ofColumbia Bar Association; American Association for Justice.Pamela B. Gilbert, born New Brunswick,New Jersey, October 3, 1958. Admitted to the New YorkBar, 1985 (inactive); District of Columbia Bar 1986. Admitted to practice in D.C. Education: TuftsUniversity (B.A., magna cum laude, 1980); New York University (J.D., 1984). Experience:Consumer Program Director, United States Public Interest Research Group(1984-1989); LegislativeDirector, Executive Director,Public Citizen's Congress Watch(1990-1992; 1992-1994); Attorney,M R Strategic Services(1995); Executive Director, Consumer Product Safety Commission(19962001); Chief Operating Officer, M R Strategic Services(2001-2002). Honors and Activities: BoardMember, American Antitrust Institute(2010 - ); Board Member, Center for Effective Government(2009 - ); Board Member, National Environmental Law Center (2006 - ); Board Member, EqualJustice Works(2004 - 2012). Publications: PRIVATE ENFORCEMENT OF THE ANTITRUST LAWS IN THEUNITED STATES (edited by Albert A. Foer and Randy M.Stutz),"Proposals for Reform," written withVictoria Romanenko. Member: New York Bar Association; District of Columbia Bar Association;American Bar Association; American Association for Justice; Public Justice; Consumer Attorneys ofCalifornia.Charles J. LaDuca,born Buffalo,New York,September 30, 1974. Admitted to the New York StateBar, 2001; District ofColumbia Bar,2002; United States Supreme Court,2009; United States CourtofAppeals for the Second Circuit, 2007; United States Court of Appeals for the Third Circuit,2004;United States Court of Appeals for the Sixth Circuit, 2012; United States Court of Appeals for theNinth Circuit, 2011; United States Court of Appeals for the District of Columbia Circuit, 2013;United States District Court for the Northern District of New York, 2002; United States DistrictCourt for the Western District of New York, 2004; United States District Court for the SouthernDistrict ofNew York,2013; United States District Court for the District ofColumbia,2002; UnitedStates District Court for the Central District of Illinois, 2009; United States District Court for theDistrict of Colorado,2008; United States District Court for the Western District of Michigan,2010.Education: George Washington University (B.A., 1996); Catholic University of America (J.D.,2000). Member: District of Columbia Bar Association (Corporation, Finance and Securities LawSection); New York State Bar Association; New York State Society.Joel Davidow, born Trenton, New Jersey, July 24, 1938. Admitted to the Bar in the District ofColumbia, 1965; New York Bar, 1981; Court Admissions: U.S. Supreme Court, U.S. Court ofAppeals(D.C.,Ninth, First and Federal Circuits), U.S. District Court, S.D. N.Y.,U.S. District Court,E.D. N.Y. Education: Columbia University School of Law (LLB, cum laude, 1963); PrincetonUniversity, Woodrow Wilson School ofPublic Affairs(B.A.,summa cum laude, 1960). Experience:Notes editor of the Columbia Law Review and the whiner of the National Jessup Moot CourtCompetition; Two years in the U.S. Federal Trade Commission; Fifteen years in Antitrust Divisionofthe Department ofJustice, where he eventually served as Chiefofthe Foreign Commerce Section

and then Director of Policy and Planning; Senior antitrust partner in major New York City andWashington, D.C.law firms, representing clients from Japan, Europe, and the United States, as bothplaintiffs and defendants, in antitrust, patent, and trade litigation matters; Counsel of record innumerous antitrust class actions and has briefed and argued multi-million dollar appeals before theFirst, Second, Seventh,Ninth and Federal Circuit courts ofappeal. Publications: ANTITRUST GUIDEFOR INTERNATIONAL BUSINESS ACTIVITIES (BNA, 4th ed. 2011); PATENT-RELATED MISCONDUCTISSUES U.S. LITIGATION(OUP,2010); and numerous articles dealing with international antitrustand patent litigation topics. Adjunct Professor: George Washington University School of Law,Columbia Law School, Georgetown Law Center, American University Law School, and GeorgeMason University Law School, where he has taught courses in antitrust,regulation, and internationalcompetition policy.Daniel M. Cohen, born Detroit, Michigan, January 24, 1958. Admitted to the Florida Bar, 1989;District of Columbia Bar, 2001; Maryland State Bar, 2003; Virginia State Bar, 2010. Admitted topractice before the United States District Court for Maryland,2002; United States District Court forthe Middle District of Florida, 2003; United States District Court of District of Columbia, 2008;Eastern District of Virginia, 2010; Western District of Virginia, 2010; Southern District of Florida,2013. Education: Ithaca College(B.A., 1981); Wes tern New England School ofLaw (J.D., 1988).Experience: Criminal Defense Trial Attorney, Public Defenders Office, tried 70 jury trials,Jacksonville Florida, 1989-1999. Member: District of Columbia Bar Association (Antitrust andConsumer Law Section); Florida State Bar Association.Michael J. Flannery, born January 22, 1963. Admitted to the Virginia Bar, 1991; District ofColumbia Bar, 1992; California Bar, 1998; Missouri Bar, 2001. Admitted to practice before theUnited States Court of Appeals for the Third Circuit; United States Court of Appeals for the NinthCircuit; United States District Court for the Eastern District ofMissouri, United States District Courtfor the Western District of Missouri, United States District Court for the Southern District ofIllinois,United States District Court for the Northern District ofIllinois, United States District Court for theNorthern District of California, United States District Court for the Southern District of California,United States District Court for the Central District of California, United States District Court for theEastern District of California, and the United States District Court for the District of Columbia.Education: University of Notre Dame(B.A., 1985); College of William and Mary Marshall-WytheSchool of Law (J.D., 1991). Honors and Awards: William and Mary Law Review (1989-91);Publication of Student Note: "Abridged Too Far: Anticipatory Search Warrants and the FourthAmendment," 32 WM.& MARY L. REv. 781 (1991)(reprinted in 14 Criminal Law Review(1992));Teaching Assistant, William and Mary Legal Skills Program; Chief Justice, William and MaryHonor Council; Notre Dame Scholar/Edward W.Krause Academic Scholarship. Experience: Cohen,Milstein, Hausfeld &Toll, Washington, DC, 1994-1997; Milberg 1Veiss Bershad Hynes & Lerach,San Diego, CA, 1997-2000; Carey, Danis &Lowe, St. Louis, MO,2000-2012.Matthew E. Miller, born Queens, New York, May 16, 1966. Admitted to the Bar of theCommonwealth of Massachusetts, 1992; Louisiana Bar, 1993; District of Columbia Bar, 1994.Admitted to practice before the United States Courts of Appeals for the First Circuit, 1998, FourthCircuit, 2010, Ninth Circuit, 2010, Tenth Circuit, 2011, D.C. Circuit, 2012; United States DistrictCourt for the District of Massachusetts, 1994; United States District Court for the District of the

District ofColumbia,2008. Education: Tufts University(B.A., magna cum laude, 1988); Universityof Virginia (J.D., 1991). Experience: Law Clerk to the Honorable Edith Brown Clement, UnitedStates District Court for the District ofLouisiana, 1991-1993; Berman,DeValerio &Pease,Boston,MA 1994-1999; sole practitioner, 1999-2008. Languages: French, Spanish.Alexandra C. Warren,born Bucharest, Romania, October 9, 1977. Admitted to the New York Bar,2003; Massachusetts Bar,2003; Pennsylvania Bar,2004; District ofColumbia Bar,2007. Admittedto practice before the United States District Court for the Eastern. District of Pennsylvania, 2005;United States District Court for the Western District of Pennsylvania, 2007; United States DistrictCourt for the District of Columbia, 2007; United States District Court for the District of Colorado,2008; United States District Court for the Middle District of Pennsylvania, 2009; United StatesDistrict Court for the Western District of

1. I am a member of the law firm of Cuneo Gilbert & LaDuca, LLP ("CGL"). I submit this Declaration in support of my firm's application for an award of attorneys' fees in connection with services rendered in this case, as well as the reimbur