NEW YORK OF NEW - gatewayplazasettlement.com · supreme court of the state of new york county of new york index no. 651023/2014 hon. melissa a. crane in re gateway plaza residents

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK

Index No. 651023/2014

Hon. Melissa A. Crane

In re Gateway Plaza Residents Litigation

DECLARATION OF PETER SAFIRSTEIN IN SUPPORT OF (1)PLAINTIFFS'

MOTION FOR FINAL APPROVAL OF THE CLASS SETTLEMENT, AND (2)PLAINTIFFS' MOTION FOR ATTORNEYS'

FEES, COSTS, AND SERVICE AWARDS

Peter Safirstein hereby declares as follows, pursuant to penalty of perjury:

1. I am the managing partner of Safirstein Metcalf LLP, co-Counsel in this matter.

2. I have overseen my firm's involvement in this litigation and make this

Declaration in support ofPlaintiffs'

Motion for Final Approval of the Class Settlement and

Plaintiffs'Motion for

Attorneys'Fees, Costs, and Service Awards.

I. Co-Counsel's Background

3. Safirstein Metcalf is a boutique plaintiff class action law firm headed by Peter

Safirstein and Elizabeth Metcalf. Both were formerly at the class action powerhouses, Milberg

LLP (and predecessor entities), Bernstein Litowitz Berger & Grossmann LLP and Morgan &

Morgan, where they prosecuted some of the largest and most important class actions recovering

millions of dollars for the classes they represented. Since forming Safirstein Metcalf LLP in

2016, the firm has served as lead or co-lead counsel in numerous class actions and has achieved

significant settlements.

4. Mr. Safirstein is a former Special Assistant United States Attorney (SDNY) and

former Assistant United States Attorney (SDFL) and has participated in complex trials on behalf

FILED: NEW YORK COUNTY CLERK 01/13/2020 07:06 PM INDEX NO. 651023/2014

NYSCEF DOC. NO. 290 RECEIVED NYSCEF: 01/13/2020

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of the United States of America. He has played a prominent role in important class actions

including the mammoth IPO Securities litigation that settled for more than $500 million. In

addition, he has successfully represented Nigerian children allegedly victimized by Pfizer's

improper medical experiments involving the drug Trovan. He serves on ABA Committees and

has lectured on class actions before various professional associations.

5. Ms. Metcalf focuses her practice on class action securities litigation, shareholder

derivative litigation, consumer fraud, and antitrust actions. She has litigated on behalf of

investors and consumers including investors in the shareholder derivative suit In re Massey

Energy Co. Derivative & Class Action Litig., No. 5430-VCS (Del. Ch.) which followed the 2010

mining disaster; and consumers who were damaged by the Suave® Professionals Keratin

Infusion 30 Day Smoothing Kit (Reid et. al. v. Unilever United States, Inc., No. 12-cv-6058,

NDIL). She serves as a member of the teams prosecuting: generic drug price fixing; derivative

actions including those against the Boards of Directors of McKesson Corporation and El Pollo

Loco Holdings, Inc; and an ongoing acquisition matter regarding the price paid for Saks Fifth

Avenue by Hudson's Bay Company.

6. Ms. Susnick has 35 years of legal experience. She began her career in the United

States Department of Justice Honors Law Graduate Program (Antitrust: New York field office).

After this, she served as in house counsel at MetLife for more than 25 years where she managed

and resolved a large caseload of lawsuits as well as requests for advice from internal business

clients. In addition to the present matter, Ms. Susnick has recently contributed to the litigation

teams in several Safirstein Metcalf antitrust matters.

7. Mr. Safirstein, Ms. Metcalf, and Ms. Susnick have been actively involved in

prosecuting numerous fraud cases, including: In re Namenda Indirect Purchaser Antitrust Litig.,

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Nos. 15 Civ. 6549 (S.D.N.Y) (appointed co-lead counsel); In re Sprint Nextel Derivative Litig.,

No. 12-2242-JWB-KDD (D. Kan.) (appointed co-lead counsel); Torus Capital LLC v. Bank of

Nova Scotia, New York Agency et al., No. 1:16-cv-05437 (S.D.N.Y) (active antitrust matter

alleging a conspiracy to rig the market for securities sold by the U.S. Department of the

Treasury); In re Disposable Contact Lens Antitrust Litig., No. 3:15-md-02626 (M.D. Fla.); In re

Packaged Seafood Products Antitrust Litig., No. 15-MD-2670 JLS (MDD) (S.D.Cal.); In re

Aggrenox Antitrust Litig., No. 14-md-2516 (D. Conn.); In re Lidoderm Antitrust Litig., No. 14-

md-2521(N.D. Cal.); In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litig., No.

1:18-md-02819 (E.D.N.Y.); In Re: Zetia (Ezetimibe) Antitrust Litig., No 2:18-md-02836

(E.D.Va.); and several anti-trust matters alleging conspiracies to increase the prices of various

generic medications including (all currently pending in E.D. Pa.).

8. The attorneys at Safirstein Metcalf LLP have also litigated or are litigating several

other class and derivative matters, including: Diep v. Sather, C.A. No. 12760-VCL (Del. Ch.)

(asserting insider trading claims against certain El Pollo Loco Holdings, Inc. insiders); Kocen et

al. v. Deepak Chopra et al., C.A. No. 11291-VCL (Del. Ch.)/In re OSI Sys., Inc. Deriv. Litig.

No. 2:14-cv-02910-MWF (C.D. Cal.) (settled derivative matter which asserted breach of

fiduciary claims regarding the hiding of problems with the company's body and baggage

scanners and the failure to create a federal regulations compliance program); City of Monroe

Employees'Retirement System v. Rupert Murdoch, et al. C.A. No. 0833-AGB (Del. Ch. Nov. 20,

2017) (asserting breach of fiduciary duty claims regarding the systematic, decades-long culture

of sexual harassment, racial discrimination, and retaliation that led to a hostile work environment

at FOX News Channel - settled for $90 million and significant corporate governance changes);

In re McKesson Corp. Shareholder Derivative Litig., No. 4:17-cv-1850-CW (N.D. Cal.)

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(ongoing derivative matter regarding breaches by McKesson Corp.'s board of directors and

senior officers in abdicating their fiduciary duty of oversight with respect to the company's sale

of opioid drugs and controlled substances -preliminarily settled $175 million); Reynolds v. Dow

Chemical Co., C.A. No. 2017-0203-JRS (Del. Ch.) (settled derivative matter alleging the

improper reporting of payment for significant amounts of personal expenses incurred by the

company's CEO); Reid et al v. Unilever United States, Inc. 1:12-cv-06058 (N.D. Ill.) (settled

consumer action on behalf of purchasers and users of a Suave brand hair treatment that allegedly

causes unwanted, significant hair loss); In re Saks Inc. Shareholder Litig., No. 652724/2013 (Sup

Ct, New York County) (active case regarding the sale of Saks to Hudson's Bay Company); and

Iowa PublicEmployees'

Retirement System et al v. Bank of America Corp. et al., No. 1:17-cv-

06221 (S.D.N.Y.) (active class action alleging five banks colluded to prevent modernization of

the $1.7 trillion stock loan market to prevent losing out on massive fees). More information can

be found on the firm website: www.safirsteinmetcalf.com/attorneys-and-professionals and in the

firm resume attached as Exhibit A.

II. Counsel's Attorneys' Fees and Costs

9. As of January, 2020, Safirstein Metcalf (and predecessor firms working on this

matter) has expended more than 1,786 hours on this litigation and incurred $41,846.96 in out-of-

pocket costs. The total lodestar equals $1,386,540.00 to date. We expect the lodestar to increase

in connection with final approval and administration of the settlement.

10. To date, Safirstein Metcalf (and predecessor firms working on this matter) has

incurred $41,846.96 in litigation costs, for which it seeks reimbursement. These amounts

include expert fees, e-discovery vendor costs, and various other out-of-pocket expenditures.

These costs were reasonably incurred in prosecuting this action on behalf of the Class and should

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be approved by the Court. A breakdown of the litigation costs for which Safirstein Metcalf seeks

reimbursement is listed below.

11. The vast bulk of these expenses is attributable to experts and consultants-namely

liability expert James Cicalo of FSI Architecture, who performed a structural analysis of the

Gateway buildings and completed two expert reports, and damages expert Cynthia L. Jones, who

assessed damages. Their services were essential to litigating liability and class certification, and

to reaching the settlement and determining the optimal allocation of settlement funds.

12. Another significant category of expenses are vendor and consultant costs incurred

for data hosting and ESI discovery. Nearly all of these expenses are"hard"

costs advanced for

necessary third-party services.

DESCRIPTION COST

Deposition Expenses $11,336.69

Experts, Consultants, and Document$30,020.32

Retention

PACER $13.70

photocopying $476.25

TOTAL: $41,846.96

13. Collectively, Class Counsel has spent several thousand hours investigating,

prosecuting, and settling this class action, all on a contingency basis. Thefirms'

work in this

matter included, inter alia: investigating legal and factual allegations of warranty of habitability

violations; drafting multiple complaints; briefing various motions, including a motion for class

certification; engaging in comprehensive discovery including extensive meet-and-confer sessions

with opposing counsel; working withPlaintiffs'

experts to analyze the claims and prepare

damages models; exchanging and reviewing thousands of pages of documents and data; taking

and defending the depositions of multiple witnesses negotiating and drafting the Class Action

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Settlement Agreement; obtaining preliminary approval of the settlement; and seeking final

approval.

14. Between February 2014 and January, 2020, Safirstein Metcalf LLP (and

predecessor firms working on this matter) expended over 1,786 hours on this matter, resulting in

a total lodestar of $1,386,540.00. These numbers do not include the substantial hours that

Counsel expects to devote in connection with final approval and settlement administration-

including filing any additional papers that may be necessary, attending the final fairness hearing,

communicating with class members, and coordinating with the settlement administrator and

opposing counsel. Counsel believes that the total hours and lodestar are reasonable in a litigation

of this magnitude, duration, and complexity. Counsel properly delegated work between the firms

and between partners, junior attorneys, and support staff.

15. The following chart reflects the lodestar by time-keeper:

NAME & TITLE FIRM HOURS RATE LODESTAR

Peter Safirstein Safirstein'784.8 $950/hr $745,560.00

Managing Partner Metcalf

Elizabeth Metcalf Safirstein'472.5 $750/hr $354,375.00

Partner Metcalf

Ruth Susnick Safirstein'228.9 $550/hr $128,895.00

Of Counsel Metcalf

SafirsteinSheila Feerick, Analyst 300.4 $525/hr $157,710.00

Metcalf __

TOTALS: 1786.6 1,386,540.00

16. The preceding summary was prepared from detailed time records which are

available at the request of the Court.

III. Counsel's Support of the Settlement

17. Based on our experience in this type of litigation and class actions in general, as

well as thorough familiarity with the factual and legal issues in this case, the risks of litigation

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and potential recoverable damages, the significant recovery obtained for Class Members, and the

overwhelmingly positive response by the Class Members, we are confident that that the

Settlement is an excellent result for the Class and is in ClassMembers'

best interest. We

strongly support the final approval of the Settlement.

Dated: New York, NY

January 13, 2020 By: /s/ Peter Safirstein

Peter Safirstein

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EXHIBIT A



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SAFIRSTEIN METCALF LLP

Antitrust · Securities Fraud · Consumer Fraud

Class Action Litigation

Attorney & Professional Staff Résumé



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...

SAFIRSTEIN METCALF LLP'S LITIGATION PRACTICE

Safirstein Metcalf LLP's attorneys have extensive experience representing

plaintiffs in antitrust, securities, commodities, and consumer class actions. Our

specialized team has been intensively involved in legal actions related to various

antitrust, securities, and corporate wrongdoing, as well as in the development of

individualized legal strategies to offset ourclients'

losses. Our lawyers have played

prominent roles in important class actions including the mammoth IPO Securities

litigation that settled for more than $500 million.

Ourclients'

cases have involved antitrust violations, financial fraud, challenges

to unfair mergers and tender offers, failed corporate governance, and

customer/brokerage firm arbitration proceedings. We have successfully challenged

drug price-fixing, won compensation for consumers injured by debilitating products,

and achieved significant, long term corporate governance changes at public

companies.

Firm Co-Founders, Mr. Peter Safirstein and Ms. Elizabeth Metcalf, have been

actively involved in prosecuting numerous antitrust cases, including:

• Torus Capital LLC v. Bank of Nova Scotia, New York Agency et al., No. 1:16-

cv-05437 (S.D.N.Y) (active antitrust matter alleging a conspiracy to rig the

market for securities sold by the U.S. Department of the Treasury);

• In re Disposable Contact Lens Antitrust Litigation, No. 3:15-md-02626 (M.D.

Fla.);

• In re Packaged Seafood Products Antitrust Litig., No. 15-MD-2670 JLS

(MDD) (S.D.Cal.);

• In re Aggrenox Antitrust Litig., No. 14-md-2516 (D. Conn.);

• In re Lidoderm Antitrust Litig., No. 14-md-2521(N.D. Cal.);


The Empire State Building, 350 Fifth Ave, 59th Floor New York, NY 10118 ph:1-800-221-0015 · 212-201-2855

www.safirsteinmetcalf.com



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...

• In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litig., No. 1:18-

md-02819 (E.D.N.Y.);

• In Re: Zetia (Ezetimibe) Antitrust Litig., No 2:18-md-02836 (E.D.Va.); and

• several anti-trust matters alleging conspiracies to increase the prices of

various generic medications including (all currently pending in E.D. Pa.):

SBA v. Endo Int'l. plc et al., No. 2:17-cv-01986) (amitriptyline); SBA v. Taro

Pharm. Industries, Ltd. et al., No 2:17-cv-01759) (lidex); SBA v. Fougera

Pharm., Inc. et al., No. 2:17-cv-01755 (desonide); SBA v. Actavis Elizabeth,

LLC et al., 2:17-cv-01771) (propranolol); and SBA v. Fougera Pharm. Inc. et

al., No. 2:17-cv-01753) (clobetasol).

The attorneys at Safirstein Metcalf LLP have also litigated or are litigating

several other class and derivative matters, including: Diep v. Sather, C.A. No. 12760-

VCL (Del. Ch.) (asserting insider trading claims against certain El Pollo Loco

Holdings, Inc. insiders); Kocen et al. v. Deepak Chopra et al., C.A. No. 11291-VCL (Del.

Ch.)/In re OSI Sys., Inc. Deriv. Litig. No. 2:14-cv-02910-MWF (C.D.Cal.) (settled

derivative matter which asserted breach of fiduciary claims regarding the hiding of

problems with the company's body and baggage scanners and the failure to create a

federal regulations compliance program); City of MonroeEmployees'

Retirement System

v. Rupert Murdoch, et al. C.A. No. 0833-AGB (Del. Ch. Nov. 20, 2017) (asserting breach

of fiduciary duty claims regarding the systematic, decades-long culture of sexual

harassment, racial discrimination, and retaliation that led to a hostile work

environment at FOX News Channel - settled for $90 million and significant corporate

governance changes); Steinberg v. Andy Bryant, et al., C.A. No. 2017-0736-SG (Del. Ch.)

(ongoing derivative matter regarding breaches by McKesson Corp.'s board of

directors and senior officers in abdicating their fiduciary duty of oversight with






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...

respect to the company's sale of opioid drugs and controlled substances); Reynolds v.

Dow Chemical Co., C.A. No. 2017-0203-JRS (Del. Ch.) (settled derivative matter

alleging the improper reporting of payment for significant amounts of personal

expenses incurred by the company's CEO); In re Gateway PlazaResidents'

Litig., No.

651023/2014 (Sup Ct, New York County) (ongoing class action alleging uninhabitable

conditions at Gateway Plaza in New York's Battery Park City); Reid et al v. Unilever

United States, Inc. 1:12-cv-06058 (N.D. Ill.) (settled consumer action on behalf of

purchasers and users of a Suave brand hair treatment that allegedly causes

unwanted, significant hair loss), Kayce v. Patriot National, Inc. et al., 1:17-cv-07164-ER

(active class action under the Securities Exchange Act of 1934 for securities fraud and

stock manipulation); and Iowa PublicEmployees'

Retirement System et al v. Bank of

America Corp. et al., No. 1:17-cv-06221 (S.D.N.Y.) (class action alleging five banks

colluded to prevent modernization of the $1.7 trillion stock loan market to prevent

losing out on massive fees).






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Peter Safirstein

Peter primarily represents plaintiffs in securities,

antitrust, commodities and consumer class actions

and also represents whistleblowers before the SEC.

Prior to entering private practice, Peter served in the

Enforcement Division of the Securities Exchange

Commission and in the United StatesAttorneys'

Offices for the Southern District of New York and the

Southern District of Florida where he concentrated on

prosecuting white collar crime.

He has played a prominent role in important class

er e co- e ou s B e sin r u

st case that sett ed for $180 m 11i n, se ve

in prominent roles in such other antitrust matters as

3 1 m 0 626 ( Fla ) an I r or n r L

Co., Ltd Antitrust Litigation, No. 07-cv-05107 (C.D. B IB E

R1 s Litigati n nd Pe er s cessf 1 e r s n e

prop r medical e ri en s lvmg th

epresented co sum rs in antitrus case ga

Sirius XM Radio which was resolved for $180 million.

Peter serves on ABA Committees. He has lectured

on class actions before various professional

associations.



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n e t o ev ral t t a t on

Bank f A ri C et al. o 1:17-cv-06221

(S.D.N.Y.), a class action alleging five banks colluded

loan ar et o pre n os ng ou on assi e f es.

under the Financial Industry and Regulatory Authority.



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Sheila Feerick

Financial Analyst Director of Client Communications

Sheila has fifteen years of law firm experience. She

performs extensive investigative financial analysis for

potential class action lawsuits, identifying and analyzing

potential cases for antitrust and securities class action

litigation. Once those cases are filed, Sheila provides

detailed financial analysis assisting in the prosecution of

those matters.

In addition, Sheilais responsible for communicating with

individuals, health and welfare funds and institutional

investors about antitrust and securities class actions. [email protected]

Prior to joining Safirstein Metcalf LLP, she managed the (212) 201-2856 (direct)

Shareholder Services Department at a large New York-

based securities litigation firm.

Sheila earned a BA in English from Villanova University

and an MBA in Finance from Stern School of Business at

NYU (2000).



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NEW YORK OF NEW - gatewayplazasettlement.com · supreme court of the state of new york county of new york index no. 651023/2014 hon. melissa a. crane in re gateway plaza residents

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