Parking Ticket Payment

Case 1:14-cv-13477-FDS Document 61 Filed 01/14/16 Page 1 of 7

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

RICHARD MEYER and KATHLEEN LEONE, on behalf of themselves and all others similarly situated,

Plaintiffs,

V.

CASE NO. 14-cv-13477-FDS THE MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, LAZ PARKING LIMITED, LLC, AND COMPLUS DATA INNOVATIONS, INC.

Defendants.

PLAINTIFFS' MOTION AND MEMORANDUM IN SUPPORT OF APPROVAL OF ATTORNEYS' FEES, EXPENSES AND INCENTIVE AWARDS

I. INTRODUCTION

The Parties have negotiated and the Court has preliminarily approved a settlement that

will fully resolve this consumer class action. A copy of the Settlement Agreement is on file with

the Court [Dkt. No. 52, Ex 1]. The proposed settlement, preliminarily approved by this Court on

October 16, 2015 [Dkt. No. 55], provides monetary relief to class members in the form of

forgiven parking fees 4nd waived penalties. The settlement also provides for effective remedial

relief as discussed in detail in Plaintiffs' Motion for Preliminary Approval [Dkt. No. 52]. Per the

Settlement Agreement, and subject to the approval of this Court, the defendants have agreed to

pay plaintiffs' attorneys' fees in the amount of $145,000 and $3,200 in expenses. The

defendants have also agreed to pay each of the class representatives a service award of $1,750 in


recognition of their service to the class in litigating this class action on behalf of all affected

consumers. [Dkt. No. 52, Ex 1 at §K ¶1 and 6]. The agreed amount of attorneys' fees, expenses

and service awards were disclosed to class members in the form notice approved by this Court.

[Dkt. No. 52, Ex 1 at Exhibit C.3]. As these costs are reasonable and necessary, and will not in

any way reduce the benefits to the class, they should be approved.

II. THE REQUESTED ATTORNEYS' FEES AND EXPENSES ARE REASONABLE AND SHOULD BE APPROVED

Until very recently, lead counsel on this consumer class action were Gary Klein and

Shennan Kavanagh of Klein, Kavanagh, Costello, LLP ("KCC"). See Exhibit ], Affidavit of Gary

Klein. In September of 2015, attorneys Klein and Kavanagh left private practice to join the

Public Protection Bureau of the Office of the Attorney General. Id. The undersigned then took

over the representation of the class to ensure the class was adequately represented through

preliminary approval, notice and final approval.

The instant litigation was filed on August 26, 2014, and as evidenced by the detailed

nature of the Complaint, the investigation into the allegations at issue began long prior to the

filing of the class complaint. [Dkt. No. 1]. As evidenced by the docket, this matter was hard

fought by competent defense counsel who raised a host of challenges to the consumer claims.

The proposed settlement is a compromise that was negotiated at arms-length over an extensive

period of time. The time spent on this file, and expenses incurred, by KCC is detailed in the

Affidavit of Attorney Klein. See Exhibit 1. In total, KKC expended 604.2 hours of work in

connection with the prosecution of this matter. Based upon the customary rates of KCC, the total

value of time incurred by KCC representing the class exceeds $344,000. See Exhibit 1. KCC also

incurred $3,381.21 in expenses, which are also detailed in the Affidavit of Attorney Klein. See

Exhibit 1. The time spent by the undersigned in representing the class to date is detailed in the


Affidavit of Matthew P. McCue, attached at Exhibit 2. To date, Attorney McCue has expended

53 hours of work in connection with this matter and anticipates expending another 20 hours of

work through final approval. Attorney McCue's hourly rate for consumer class action work is at

least $580, and has been previously approved by courts at a higher amount. In total, Attorney

McCue expects to incur at least $42,705 in legal time prosecuting this case through to final

approval. In total, plaintiffs' counsel have expended time prosecuting this case valued in excess

of $386,000, but only seek an award of attorneys' fees of $145,000, a substantial discount off of

the fair market rate of the time of class counsel.

In this case, the parties have contractually agreed to the amount of plaintiffs' attorneys'

fees ($145,000) and to their expenses ($3,200), subject to the review of this Court. The class

received notice of same. Where a settlement agreement expressly provides for the award of

attorneys' fees and expenses, the Court must assess whether such fees are "reasonable." The

agreed resolution of attorneys' fees by the parties to the litigation is ideal. As noted by the United

States Supreme Court in In Hensley v. Eckerhart, 461 U.S. 424 (1983): A request for attorney's

fees should not result in a second major litigation. Ideally, of course, litigants will settle the

amount of a fee. Id. at 437 (emphasis added). See Johnson v. Georgia llighway Express, Inc.,

488 F.2d 714, 720 (5 th Cir. 1974) (encouraging both sides to "understandingly, sympathetically,

and professionally arrive at a settlement as to attorney's fees"). A negotiated fee is entitled to

substantial weight:

[T]he fee was negotiated at arms' length with sophisticated defendants by the attorneys who were intimately familiar with the case, the risks, the amount and value of their time, and the nature of the result obtained for the class... [T]he Court is reluctant to interpose its judgment as to the amount of attorneys' fees in the place of the amount negotiated...


In re First Capital Holdings Corp, Fin. Prods. Sec. Litig., MDL No. 901, 1992 U.S. Dist. LEXIS

14337 at *13 (C.D. Cal. June 10, 1992); In re M.D.C. Holdings Sec. Litig., [1990 Transfer

Binder] Fed. Sec. L. Rep. (CCH) ¶95,474 at 97, 487-88 (S.D. Cal. Aug. 30, 1990) ("Because this

Court believes the parties should be encouraged to settle all their disputes as part of the

settlement..., including the amount of the fee, it believes that if the agreed-to fee falls within a

range of reasonableness, it should be approved as part of the negotiated settlement between

plaintiffs and defendants.").

The First Circuit has also identified two available methods for assessing whether

requested fees are in fact "reasonable." See In re Volkswagen and Audi Warranty Extension

Litigation, 89 F. Supp. 3d 155; 2015 U.S. Dist. LEXIS 16646 * 23-24 (D.Mass. Feb 10, 2015).

Under either approach, "[w]hat constitutes a reasonable fee is a question that is committed to the

sound discretion of the judge." Berman v. Linnane, 434 Mass. 301, 302-303 (2001).

Massachusetts law does not require the Court "to review and allow or disallow each individual

item in the bill," it is permitted simply to "consider the bill as a whole." Id. at 303. In so doing,

the Court ought consider "several factors, including 'the nature of the case and the issues

presented, the time and labor required, the amount of damages involved, the result obtained, the

experience, reputation and ability of the attorney, the usual price charged for similar services by

other attorneys in the same area, and the amount of awards in similar cases." Id. The Supreme

Judicial Court has recognized, however, that "[w]hen arranged as a simple checklist, these

criteria do not lead with any certainty to a number of dollars." Stratos v. Dep't of Pub. Welfare,

387 Mass. 312, 321 (1982). In addition, Massachusetts courts are encouraged to account for

these elements by way of the lodestar method of analysis, under which "an amount [is]


calculated by multiplying the number of hours reasonably spent on the case times a reasonable

hourly rate." Fontaine v. Ebtec Corp., 415 Mass. 309, 324 (1993).

Under either approach, the attorneys' fee award agreed to by the parties in this case is

reasonable and should be approved. First, the defendants have agreed to pay the proposed

amount of attorneys' fees to class counsel. Class counsel, in turn, has agreed to accept a deep

discount on the value of their time in order to facilitate the settlement for the benefit of the class.

Second, the result obtained by counsel after hard fought litigation is significant. The MBTA has

agreed to substantive reforms going forward in the manner in which parking fees are

administered and processed. Second, as detailed in the Memorandum In Support of Preliminary

Approval, the MBTA has also agreed to waive a substantial number of tickets for class members

and to reduce penalties on many tickets. As a result of plaintiffs' efforts, the class stands to incur

both a monetary and a remedial benefit. The time and effort incurred by plaintiffs' counsel in

obtaining such a result was substantial. If paid at market rates, plaintiffs' counsel would be

entitled to fees in excess of $386,000, but seek an award only of $145,000, plus expenses. By

any account, the requested fees and expenses are fair and reasonable and should be approved.

III. THE REQUESTED SERVICE FEES TO NAMED PLAINTIFFS ARE APPROPRIATE

Federal courts often exercise their discretion under Rule 23(d) and (e) to approve case

contribution awards to plaintiffs who instituted and prosecuted actions on the theory that there

would be no class-wide benefit absent their suits. These awards recognize the burdens

assumed by plaintiff litigants in instituting and prosecuting the actions, the time spent by

plaintiffs on communicating with counsel and fulfilling class responsibilities of supervision,

and the risks that plaintiffs bear in bringing the suit. In Cook v. Niedert, 142 F.3d 1004 (7 th .

Cir. 1998), the Seventh Circuit Court of Appeals recognized that "because a named plaintiff is


an essential ingredient of any class action, an incentive award is appropriate if it is necessary

to induce an individual to participate in the suit." Id. at 1016. See In re Synthroid Mktg.

Litig., 264 F.3d 712, 722 (7th Cir. 2001) ("incentive awards are justified when necessary to

induce individuals to become named representatives"). The amount of this award serves to

vindicate the goal of encouraging consumers to participate in consumer protection litigation. See

Denney v. Jenkens & Gilchrist, 2005 WL 388562 (S.D.N.Y. February 18, 2005) at *31

("Incentive awards serve an important function in promoting class action settlements,

particularly where.. .the named plaintiffs participated actively in the litigation").

The request for an award of $1,750 to each class plaintiff is reasonable and should be

approved. Such an award actually falls below incentive awards allowed by other courts in

similar consumer class actions. See Cook v. Niedert 142 F.3d 1004, 1016 (7th Cir. Ill. 1998)

(7 th Circuit approves a $25,000 incentive award to plaintiff); Heekin v. Anthem, Inc., 2012

U.S. Dist. LEXIS 165464 (S.D. Ind. Nov. 20, 2012) (approving $25,000 incentive award to

lead class plaintiff over objection); Lively v. Dynegy, Inc., 2008 U.S. Dist. LEXIS 75774,

2008 WL 4657792 (S.D. Ill. Sept. 30, 2008) (awarding $10,000 to each of three

plaintiffs); Morlan v. Universal Guar. Life Ins., 2003 U.S. Dist. LEXIS 20961, 2003 WL

22764868 (S.D. Ill. Nov. 20, 2003) (awarding $ 25,000, $ 20,000, $ 20,000 and $ 5,000

respectively to class representatives); Spicer v. Chicago Board Options Ex., Inc., 844 F.Supp.

1226, 1267-1268 (N.D. III. 1993) (collecting cases awarding incentive fees ranging from

$5,000 to $100,000 to class representatives). For this additional reason, the requested

incentive awards for the plaintiffs is fair, reasonable and should be approved.

IV. CONCLUSION

For the above reasons, the plaintiffs respectfully request that attorneys' fees be


awarded class counsel in the amount of $145,000.00, that class counsel be reimbursed actual

expenses in the amount of $3,200, and that each plaintiff be awarded a service award of

$1,750.00.

Dated: January 14, 2016

Respectfully submitted,

/s/ Matthew P. McCue Matthew P. McCue (BBO No. 565319) LAW OFFICE OF MATTHEW P. McCUE One South Avenue, 3"d Floor Natick, MA 01760 Phone: (508) 655-1415 Fax: (508) 319-3077 Email: [email protected]

CERTIFICATE OF SERVICE

I, Matthew P. McCue, hereby certify that a true and correct copy of the foregoing document was filed electronically on January 14, 2016, using the Court's ECF system. Notice of this filing will be sent to all registered users.

/s/ Matthew P. McCue Matthew P. McCue

Case 1:14-cv-13477-FDS Document 61-1 Filed 01/14/16 Page 1 of 25



Plaintiffs,

v. CASE NO. 14-cv-13477-FDS

THE MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, LAZ PARKING LIMITED, LLC, AND COMPLUS DATA INNOVATIONS, INC.

Defendants.

DECLARATION OF GARY KLEIN OF KLEIN KAVANAGH COSTELLO, LLP

I, Gary Klein, declare as follows:

1. I am a partner in the firm Klein Kavanagh Costello, LLP ("KKC"), and one of Plaintiffs'

Counsel in this Action. I make this Declaration of my own personal knowledge, and if called to

do so, I could testify competently to the matters stated herein. This Declaration is provided to

support the Plaintiffs' proposal attorneys' fees and expenses incurred by KKC in this Action.

2. As of the date of this Declaration, KKC has discontinued the practice of law. Each of its

partners has left KKC for other endeavors. Starting on September 8, 2015, I will be a Senior

Trial Counsel in the Public Protection Bureau of the Office of the Attorney General.

3. I, and the members of KKC, had extensive experience representing consumers and other

plaintiffs in class actions and unfair business practices litigation. For a summary of KKC's

qualifications, I refer the Court to the firm's website at www.kkellp.com and KKC's firm

resume, attached here as Exhibit 1.

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4. As of September 1,2015, KKC expended 604.2 hours of work in connection with this

litigation. Based upon our customary rates in this type of litigation, the total value of that time is

$344,120.25.

5. KKC's work on this case was performed on a wholly contingent basis. To date, KKC has

not received any income from any source in connection with prosecution of this case.

6. Shown below is a true and correct summary identifying the KKC attorneys and paralegals

who have worked on this litigation, the number of hours those individuals worked on this

litigation as of September 1, 2015, their regular billing rates and their respective lodestar values.

7. The hourly rates shown below are the usual and customary rates charged by the partners

and employees of KKC, based on their experience levels and other factors. These rates are not

adjusted in light of the contingent nature of this case, notwithstanding the complexity of this

litigation, the skill and tenacity of the opposition, the preclusion of other employment, the delay

in payment or any other factors that could be used to justify a higher hourly compensation.

PERSONNEL RATE HOURS LODESTAR

Gary Klein $775 89.00 $68,975.00

Shennan Kavanagh $585 405.40 $237,080.25

Kevin Costello $585 6.60 $3,861.00

Corinne Reed $345 85.70 $29,566.50

Attorney Totals: 586.70 $339,482.75

Marjorie Charney $265 2.50 $662.50

Dalia Sawaya $265 15.00 $3,975.00

Non-Attorney Totals: 17.50 $4,637.50

TOTALS: 604.20 $344,120.25

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Summons $126.00

TOTAL $3,381.21

EXPENSE CATEGORY

Depositions

Court/Filing Fees

AMOUNT

$2,757.75

$400.00

Legal Research $22.20

Travel/Transportation $75.26


8. These amounts were derived from contemporaneous daily time records KKC compiled in

this matter, which are recorded in a proprietary computerized database that has been maintained

at KKC.

9. In setting the rates at KKC, I personally reviewed the rates charged at other law firms for

lawyers and paralegals with a comparable range of skill, experience, and reputation, including

other law firms in Boston, firms typically representing Plaintiffs in class actions, firms typically

defending class actions, and firms whose practice includes complex litigation. Among other

things, I have reviewed the 2012 National Law Journal Billing Rates Survey, which is available

at http://www.nationallawjournal.corrilid =1202581351631?slretwn=2014011316441 2 , and find

the rates charged at KKC to be generally consistent with (or below) the rates described in the

Survey.

10. As of September 1, 2015, ICKC has advanced a total amount of $3,381.21 in expenses

reasonably and necessarily incurred in connection with the prosecution of this litigation. They

are broken down as follows:

11. The lodestar summary reflects KKC's experience in the field, the complexity of the

matters involved in this litigation, and the prevailing rate for providing such services.

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12. These expenses are reflected in the books and records regularly kept and maintained by

KKC.

13. In my opinion, the time expended and expenses incurred in prosecuting this Action were

reasonable and necessary for the diligent litigation of this matter.

I declare under the penalty of perjury under the laws of the United States of America that

the foregoing is true and correct.

Executed this 1 st day of September 2015, at Boston, MA.

/s/ Gary Klein Gary Klein

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fill! Klein Kavanagh Costello, LLP i k

FIRM RESUME

Klein Kavanagh Costello is devoted to enforcement of consumer rights. This commitment is born of decades of experience. KKC lawyers have varied professional backgrounds that include service in civil legal aid, non-profit consumer advocacy, and the Peace Corps. Through these endeavors, KKC has extensive expertise to bring to bear on behalf of its clients. Our attorneys have a long track record of success across the country. In the last decade, KKC attorneys have obtained more than $500 million for consumers victimized by predatory business practices. For example, KKC's lawyers have successfully litigated class actions against Household Finance Corporation, H&R Block, Fairbanks Capital Corporation, Capital One, Wells Fargo and Ameriquest. KKC attorneys have also litigated and resolved groundbreaking national cases based on claims that minority homeowners were discriminatorily overcharged for mortgage loans.

Most recently, KKC attorneys have been at the forefront of national litigation seeking to vindicate the rights of homeowners participating in the federal government's Home Affordable Modification Program ("HAMP"). KKC has been appointed interim co-lead counsel in three national multi-district cases alleging that Bank of America, Chase and Citibank have failed to honor their commitments to modify mortgages. KKC has also successfully prosecuted similar cases against many other lenders. KKC attorneys are presently litigating claims on behalf of borrowers whose homes were wrongfully foreclosed, as well as for homeowners who entered into permanent loan modifications that the banks later failed to honor. In addition, KKC attorneys have expertise in challenging civil rights abuses, unfair debt collection practices, violations of the Telephone Consumer Protection Act, and defective products. KKC was recently appointed co-lead interim class counsel to represent Porsche Cayenne owners whose coolant tubes have failed, leading to engine failure and costly repairs.

The individual resume of each KKC partner follows.

85 Merrimac Street I Boston, Massachusetts 02114

Tel. 617. 357.5500


GARY KLEIN, ESQ. KLEIN KAVANAGH COSTELLO, LLP

85 Merrimac Street Boston, MA 02114

Email: [email protected] Web: www.kkcllp.com

PROFESSIONAL EXPERIENCE

Gary Klein is a nationally recognized expert on consumer protection law, civil rights and complex litigation. He is currently litigating complex federal class actions in jurisdictions across the country. He is lead or co-lead counsel in five multidistrict litigation proceedings. Over the course of his multi-faceted career, he has demonstrated a keen ability to manage complicated projects and to bring them to successful conclusion.

In addition to his litigation work, he has written extensively, taught at seminars across the country, testified frequently before Congress, and participated as a Director in a variety of non-profit organizations.

As a former legal services lawyer, Mr. Klein's career has been shaped by empathy for less fortunate Americans. He has applied his experience as a consumer advocate and educator to seek progressive change designed to level the playing field in low- and moderate-income communities nationwide. Among his proudest accomplishments are his role in shaping laws to prevent high-rate home mortgage lending, and his initiative, while at the National Consumer Law Center, to professionalize the practice of homeownership counseling in non-profit organizations nationwide.

Mr. Klein's career demonstrates a deep commitment to pro bono

practice and to the representation of individuals who do not traditionally have access to the federal courts. Many of his cases have been cases of first impression on issues including federal preemption, unfair and deceptive acts and practices, consumer protection, civil rights and bankruptcy.


KLEIN KAVANAGH COSTELLO, LLP - BOSTON, MA. January 2012 - present

Mr. Klein is the lead partner in this national litigation firm specializing in consumer class actions and litigation, with a particular focus on unfair banking practices, civil rights and products liability. Mr. Klein is or has been among court appointed lead counsel in seven multidistrict litigation proceedings.

RODDY KLEIN & RYAN - BOSTON, MA. January 2001 - December 2011

At RKR, Mr. Klein successfully litigated a series ground-breaking consumer class actions seeking relief for low-income and minority homeowners, many of which resulted in court decisions on issues of first impression, as described below.

G. KLEIN CONSULTING - MEDFORD, MA. January 2001 - present

Mr. Klein has provided consulting and expert testimony on a variety of consumer credit issues to lawyers and litigants across the country.

NATIONAL CONSUMER LAW CENTER -- BOSTON, MA. 1991 - 2000

Mr. Klein was a Senior Attorney and Director of the Center's Sustainable Homeownership Initiative. He was responsible for managing a wide range of grants and contracts, for writing many of the Center's well known publications on consumer law, and for various consulting and advocacy projects. His legislative advocacy included successfully lobbying Congress in 1994 in support of the Homeownership and Equity Protection Act (HOEPA) and organizing opposition to credit industry efforts to revise the nation's bankruptcy laws. Mr. Klein also served as co-counsel or as a consultant in more than 200 class action and individual consumer cases.

2


NEW HAMPSHIRE LEGAL ASSISTANCE - MANCHESTER, NH. 1991

Mr. Klein was managing attorney supervising an office of six attorneys and three legal advocates. He litigated predatory lending cases and contested bankruptcy issues.

COMMUNITY LEGAL SERVICES, INC. -- PHILADELPHIA, PA. 1985 - 1991

Mr. Klein specialized in housing, consumer, bankruptcy, utility, and domestic violence law for low-income Philadelphians in a preeminent legal services program. During his tenure, Mr. Klein tried more than 30 cases in various courts, primarily addressing consumers' claims against finance companies for unfair lending practices.

LAW CLERK TO THE HONORABLE BRUCE I. FOX, UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (September, 1987 - September, 1988)

EDUCATION

J.D. Rutgers University - Newark, 1985

Editor in Chief, Civil Rights Law Journal; Business Editor, Computer and Technology Law Journal; Winner, G.A. Moore, Jr. Prize for excellence in the field employment discrimination; Awarded New Jersey Graduate Merit Scholarship and Rutgers University Scholars Award.

B.A. Yale College, 1980

BAR ADMISSIONS

United States Supreme Court Supreme Judicial Court of Massachusetts

3


United States District Court, District of Massachusetts Supreme Court of Pennsylvania (inactive) Supreme Court of New Hampshire (inactive) Supreme Court of New Jersey (inactive) First, Second, Third, Fifth, Sixth, Seventh and Ninth Circuit Courts of

Appeals

PROFESSIONAL ASSOCIATIONS

Lawyers Committee for Civil Rights Under Law of the Boston Bar Association (Board of Directors, Fundraising Committee)

American Bankruptcy Institute (former member, Board of Directors)

Coalition for Consumer Bankruptcy Education (former member, Board of Directors)

National Association of Consumer Bankruptcy Attorneys (former member, Board of Directors)

National Association of Consumer Attorneys (Issues Committee Member)

Lawyers Clearinghouse on Affordable Housing and Homelessness (former Steering Committee member)

Boston Bar Association (member and former co-chair Class Action Subcommittee)

Public Justice (member) (nominee for Trial Lawyer of the Year -2004)

Loyola Consumer Law Review (Advisory Board Member) St. John's University, LL.M in Bankruptcy Program (Advisory Board Member)

Peer Rated AV Preeminent (2007-2012), Massachusetts "Super Lawyer" (2010-2012), and New England "Super Lawyer" (2012)

4


PROFESSIONAL ACTIVITIES

Representative Litigation Projects

Court-Appointed Co-Lead Counsel, In re JPMorgan Chase Mortgage Modification Litigation, 11-md-02290 RGS (D. Mass) (challenge to Chase's failure to permanently modify troubled mortgages resulting in national settlement providing benefits to more than 60,000 homeowners).

Court-Appointed Co-Lead Counsel, In Re: Citimortgage, Inc. Home Affordable Modification Program ('HAMP") Litigation, Case No. 11-ml-2274 DSF (PLAx) (C.D. Cal.) (challenge to Citi's's failure to honor commitments to modify mortgages in the HAMP program).

Court-Appointed Co-Lead Counsel, In re Bank of America Home Affordable Modification Program (HAMP) Contract Litigation, 10-md-02193 RWZ (D. Mass) (challenge to BOA's failure to honor commitments to modify mortgages).

Court-Appointed Co-Lead Counsel, In re Porsche Cars North America, Inc. Plastic Coolant Tubes Products Liability Litigation, 11-md-2233 (S.D. Ohio) (products liability case challenging Porsche's failure to replace defective coolant tubes resulting, settled 2014).

Court-Appointed Co-Lead Counsel, In Re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation, MDL No. 1715 (N.D. Ill.) (challenge to subprime mortgage lending practices).

Court-Appointed Co-Lead Counsel, In re Wells Fargo Mortgage Lending Practices Litigation, 08-cv-1930 MMC (N.D. Cal.) (challenge to discriminatory mortgage lending practices).

Court-Appointed Co-Lead Counsel, In re Countrywide Financial Corp. Mortgage Lending Practices Litigation, MDL No. 1974 (W.D. Ky.) (pending challenges to discriminatory mortgage lending practices).

Lead Counsel, Ramirez v. Green point Mortgage Funding, Inc., C08-0369 (N.D. Cal.) (class action settlement of mortgage lending discrimination claims asserting disparate impact of lender's discretionary loan mark-

5


up policies).

Lead Counsel, Allen v. Decision One Mortgage Co., 07-cv-11669-GAO (D. Mass.) (class action settlement of lending discrimination claims).

Co-Lead Counsel, Payares v. JPMorgan Chase & Co., 2:07-cv-05540-AG-AN (C.D. Cal.) (settlement of nationwide class action alleging mortgage lending discrimination).

In re Household Lending Litigation, Case No. C 02-1240 CW (N.D. Cal.) (settlement of nationwide class action based on predatory lending practices).

Curry v. Fairbanks Capital Corporation, 2004 WL 3322609, 03-10875-DPW (D. Mass.) (settlement of nationwide class action based on predatory loan servicing practices).

Coleman v. General Motors Acceptance Corp., et al., 3-98-0211 (M.D.Tenn.) (class action settlement in case of first impression on the application of the Equal Credit Opportunity Act to discriminatory auto financing practices).

Mey v. Herbalife International, Inc., Civil Action Number, 01-263M (Ohio County, W. VA) (class settlement of claims under the federal Telephone Consumer Protection Act).

Pettway v. Harmon Law Offices PC, C.A. No. 03-10932 (D. Mass) (class settlement of claims for overcharges against foreclosure law firm).

Vieau v. AGFA Corp. et al., C.A. No. 06-11320 (D. Mass) (class action settlement in connection with failure to provide necessary maintenance and service to lessors of digital photographic processing equipment).

Mendez v. Island Finance Corporation, 03-1075-JAF (D. P.R.) (settlement of class action alleging violations of the Truth in Lending Act).

Kent et al. v. Western Massachusetts Electric Co., HAMPCV 2001-00232 (Ma. Sup.) (settlement of consumer claims related to utility overcharge based on misclassification of billing rate).

6


Dwyer et al. v. NSTAR, Inc. et al., No. SUCV2001 -01817 (Ma. Sup.) (settlement of consumer claims for utility overcharge).

Cason v. Nissan Motors Acceptance Corp., et al., 3-98-0223 (M.D.Tenn.) (settlement of class action case on the application of the Equal Credit Opportunity Act to discriminatory auto financing practices).

Mazola, et al. v. May Co. Dep't. Stores, Inc., C.A. 97-10872 NC (D. Mass.) (restitution for unlawful bankruptcy reaffirmation practices).

Sample Reported Decisions

In re: Ocwen Loan Servicing, LLC Mortgage Servicing Litigation, 491 F.3d 638 (7th Cir. 2007) (Posner J.) (federal preemption).

In re Rodriguez, 695 F.3d 360 (5th Cir. 2012) (debtor protections in bankruptcy).

In re Hoskins, 102 F.3d 311 (7th Cir. 1996) (Posner J.) (debtor protections in bankruptcy).

Lomas Mortgage Co. v. Louis, 82 F. 3rd 1 (1st Cir. 1995) (mortgage stripdown in bankruptcy).

Counsel for Amicus Curiae, U.S. Bank Nat. Ass' n v. Ibanez, 458 Mass. 637, 941 N.E.2d 40 (Mass., 2011) (legal prerequites to foreclosure under Massachusetts law).

Counsel for Amicus Curiae, Field v. Mans, 516 U.S. 59 (1995) (dischargeability standard in bankruptcy).

In re JPMorgan Chase Mortg. Modification Litigation, 880 F.Supp.2d 220 (D.Mass., 2012) (federal preemption and homeowner claims in the HAMP program).

In re Porsche Cars North America, Inc., 880 F.Supp.2d 801 (S.D.Ohio, 2012) (warranty claims for product defects).

7


Young v. Citimortgage, Inc., 2012 WL 4371532 (D.Conn., 2012) (mortgage overcharges).

Coble v. Cohen & Slamowitz, LLP, 824 F.Supp.2d 568 (S.D.N.Y., 2011) (debt collection violations).

In re Rodriguez, 421 B.R. 356 (Bkrtcy.S.D.Tex., 2009) (bankruptcy protections).

Bosque v. Wells Fargo Bank, N.A., 762 F. Supp. 2d 342 (D.Mass., 2011) (homeowner breach of contract claims under HAMP program documents).

Durmic v. J.P. Morgan Chase Bank, N.A., Civil Action No. 10-CV-10380- RGS, 2010 WL 4825632 (D. Mass 2010) (homeowner breach of contract claims under HAMP program documents).

Ramirez v. Green point Mortgage Funding, Inc., 633 F. Supp. 2d 922 (N.D. Cal. 2010) (mortgage lending discrimination).

Miller v. Countrywide Bank, NA, 571 F. Supp. 2d 251 (D. Mass. 2009) (mortgage lending discrimination).

In re Cano, 410 B.R. 506 (Bankr. S.D.Tex., 2009) (debtor rights in bankruptcy).

In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation, 2007 WL 1202544 (N.D.I11., 2007) (subprime mortgage origination abuses).

Pettway v. Harmon Law Offices, P.C., 2005 WL 2365331, (D. Mass. 2005) (unfair debt collection practices in bankruptcy).

Scott v. Fairbanks Credit Corp., 284 F. Supp. 2d 880 (S. D. Ohio, 2003) (unfair mortgage servicing practices).

Myers v. Federal Home Loan Mortgage Co., 175 B.R. 122 (Bankr. D. Mass. 1994) (Truth in Lending practices in bankruptcy).

In re Fleet, 122 B.R. 910 (Bankr. E.D. Pa. 1990) (trade school abuses).

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In re Milbourne, 108 B.R. 522 (Bankr. E.D. Pa. 1989) (applicability of state unfair trade practices law to serial mortgage refinance scheme).

In re Russell, 72 B.R. 855 (Bankr. ED. Pa. 1987) (federal preemption of state usury laws).

Expert Witness

United States Congress, Subcommittee on the Constitution, Civil Rights and Civil Liberties, Protecting the American Dream II: Combating Predatory Lending Under the Fair Housing Act (April, 2010).

United States Congress, Senate Banking Committee, Consumer Credit and Bankruptcy (April, 1999).

United States Congress, Joint Subcommittee on Court Oversight, House and Senate Judiciary Committees, Reforming American Bankruptcy Laws (March, 1999).

Mallory v. Mortgage America, et al., United States District Court for the District of West Virginia, (February, 1999) (mortgage lending abuses).

United States Congress, Senate Committee on Aging, Consumer Counseling and Prevention of Lending Abuses Involving Elderly Homeowners (January, 1999).

Interclaim Holdings Ltd, et al. v. Down et al., Court of Queen's Bench of Alberta, Supreme Court of British Columbia (1999) (telemarketing fraud claims by United States residents against insolvent Canadian companies).

Lopez v. Delta Funding, et al., United States District Court for the Eastern District of New York (December, 1998) (high rate home equity lending abuses affecting elderly borrowers).

United States Congress, Senate Banking Committee, Senate Oversight

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Hearing on Bankruptcy (March 1998).

National Bankruptcy Review Commission, Reforming the Consumer Bankruptcy System (hearings during January, 1997 to October, 1997).

Massachusetts Office of Consumer Affairs and Business Regulation, Investigation of Unfair and Deceptive Mortgage Lending Practices (November, 1997).

United States Congress, Senate Judiciary Committee, Proposed Consumer Bankruptcy Amendments (June, 1994).

Representative Publications

"Causes of the Subprime Foreclosure Crisis and the Availability of Class Action Responses, "2 Northeastern University Law Journal 137 (Spring 2010) (with Shennan Kavanagh).

Editor, Consumer Bankruptcy Law and Practice, The Consumer Credit and Legal Practice Series (National Consumer Law Center, 6th ed. 2000).

Repossessions and Foreclosures, (National Consumer Law Center, 4th ed. 1999).

Contributing Author, Truth in Lending, (National Consumer Law Center, 4th ed. 2000).

Surviving Debt: A Guide for Consumers, (3rd ed. 1999).

"Remedies for Discharge Violations" American Bankruptcy Institute Law Journal (November/December 2000).

"Means Tested Bankruptcy: What Would It Mean?" 28 U. Memphis Law Rev. 711 (Spring, 1998).

"Consumer Bankruptcy in the Balance: The National Bankruptcy Review Commission's Recommendations Tilt Toward Creditors" 5

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Amer. Bankr. Inst. Law Rev. 293 (Winter, 1997).

"Circuit Court Allows Stripdown of Mortgage on Multi-Family Residence", Norton Bankruptcy Law Adviser (June, 1996).

"Preventing Home Equity Lending Fraud," 7 Loyola Consumer Law Rev. 126 (Summer, 1995).

"Self-Representation in the Bankruptcy Courts: The Massachusetts Experience", National Conference of Bankruptcy Judges Endowment for Education and the National Consumer Law Center (1994).

"Preventing Foreclosures: Spotting Loan Scams Involving Low-Income Homeowners", 27 Clearinghouse Review 116 (June, 1993).

Representative Seminars

"Foreclosures: The Great Untold Story," Harvard Joint Center for Housing, Harvard Kennedy School, (March, 2013)

"Successful Mediation Techniques in Class Actions," Consumer Rights Litigation Conference (November, 2011).

"Mortgage Discrimination Litigation," Consumer Rights Litigation Conference (November, 2010).

"The Color of Credit: Combating Disparate Impact in Consumer Finance," Open Society Institute, The Federal Reserve Bank of Richmond (September, 2010).

"Mortgage Lending Update," Consumer Financial Services Litigation Institute, Practising Law Institute (March, 2008, March, 2009, February, 2010).

"Litigation Update," Subprime Credit Crisis: Everything You Need to Know, Practising Law Institute (March, 2008).

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"Introduction to Consumer Class Actions," Consumer Rights Litigation Conference (October, 2007).

"Predatory Lending," Consumer Financial Services Litigation Seminar, Practicing Law Institute (April, 2005).

"Predatory Lending as a Fair Housing Issue," New Orleans Fair Housing Action Center (June 2004).

"Preventing Predatory Lending," Milwaukee Fair Housing Center (June 2004).

"Mortgage Servicing Issues," Consumer Financial Services Litigation Seminar, Practicing Law Institute (April, 2004).

"Predatory Mortgage Loans and Bankruptcy," American Bankruptcy Institute (July, 2003).

"Preserving the American Dream," a series of seminars on foreclosure prevention and financial literacy for Housing Counselors, Neighborhood Reinvestment Institute (1998-2000).

"Consumer Bankruptcy in Transition," 8th Annual Consumer Rights Litigation Conference, (November, 1999).

"Defending Foreclosures & Utility Terminations," MCLE (November, 1999).

"Preventing Predatory Lending and Preserving Homeownership," Neighborhood Reinvestment Institute (June, 1999). "Consumers in Debt: The Personal Bankruptcy Crisis," American Bar Association, (April, 1998).

"Preserving the American Dream: Loss Mitigation for Homeowners," a series of 10 trainings for the Department of Housing and Urban Development (1997 - 1998).

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SHENNAN KAVANAGH, ESQUIRE KLEIN KAVANAGH COSTELLO, LLP

85 Merrimac Street Boston, MA 02114

Email: [email protected] Web: www.klicllp.com

CURRICULUM VITAE


Klein Kavanagh Costello, LLP — Boston, MA January 2012 - present

Ms. Kavanagh is a partner in this nationally known litigation firm specializing in consumer class actions and litigation, with a particular focus on unfair banking practices, civil rights and products liability. Since its founding, KKC has served as court appointed lead counsel in seven multidistrict litigation proceedings.

Roddy Klein & Ryan - Boston, MA 2003 - 2011

Ms. Kavanagh was an associate specializing in consumer class actions with a particular focus on consumer financial services litigation.

Volunteer Lawyers Project - Boston, MA 2003 - 2005

Ms. Kavanagh represented low-income debtors in bankruptcy proceedings.

Legal Advocacy and Resource Center - Boston, MA 2002 —2003

Ms. Kavanagh advised low-income consumers on consumer law issues via a legal hotline, including Chapter 7 and 13 bankruptcy, alternatives to bankruptcy, and debt collection practices. Ms. Kavanagh ran bankruptcy clinics and trained volunteers on the hotline.

U.S. Peace Corps - Guinea, West Africa 1997-1999

Ms. Kavanagh taught English as a Second Language in a rural high school. In conjunction with the Guinean Ministry of Education, she published a guide to writing lesson plans that was distributed to local English teachers countrywide. Among other projects, Ms. Kavanagh collaborated with students and professors and obtained funding to furnish the local library with resources, including books, games, and a large-scale world map wall mural. She organized events at school to promote awareness of girls' issues and to encourage them to contemplate career options open to them.

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EDUCATION

J.D. Suffolk University Law School - Boston (cum laude) B.A. University of Vermont


Boston Bar Association (Three-term Co-Chair, Class Action Committee - 2009-2012) National Association of Consumer Advocates (member)

BAR ADMISSIONS

Supreme Judicial Court of Massachusetts First Circuit Court of Appeals Fifth Circuit Court of Appeals Ninth Circuit Court of Appeals



Campusano, et al. v. Bank of America, NA., etal., 11-cv-04609 (C.D. Cal) (lead counsel in lawsuit challenging Bank of America's failure to honor permanent home loan modifications).

In re Bank of America Home Affbrdable Modification Program (HAMP) Contract Litigation, MDL No. 2193 (D. Mass) (court appointed interim co-lead counsel in multi-district litigation proceeding challenging Bank of America's failure to honor commitments to modify mortgages).

In re Porsche Cars North America, Inc. Plastic Coolant Tubes Products Liability Litigation, MDL No. 2233 (S.D. Ohio) (court appointed interim co-lead counsel in multi-district litigation products liability case challenging Porsche's failure to replace defective coolant tubes).

Rodriguez, et al. v. Countrywide Home Loans, Inc., Adv. P. No. 08-01004 (Bankr. S.D. Tex.) (court appointed co-lead class counsel in class action challenging Chapter 13 Bankruptcy Code violations).

Ramirez v. GreenPoint Mortgage Funding, Inc., C08-0369, 2010 WL 2867068 (N.D. Cal. July 20, 2010) (class action settlement of mortgage lending discrimination claims asserting disparate impact of lender's discretionary loan mark-up policies).

In re Wells Fargo Mortgage Lending Practices Litigation, 08-cv-1930 MMC (N.D. Cal.) (challenges to discriminatory mortgage lending practices).

In re Countrywide Financial Corp. Mortgage Lending Practices Litigation, MDL No. 1974 (W.D. Ky.) (challenges to discriminatory mortgage lending practices).

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Allen v. Decision One Mortgage Co., 07-cv-11669-GAO (D. Mass.) (national class action settlement of mortgage lending discrimination claims).

In Re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation, MDL No. 1715 (N.D. Ill.) (national class action settlement of claims for subprime mortgage lending practices).

Curry v. Fairbanks Capital Corporation, 03-10875-DPW (D. Mass.) (settlement of nationwide class action based on predatory loan servicing practices).

Pettway v. Harmon Law Offices PC, 03-10932 (D. Mass) (class settlement of claims for fee overcharges against foreclosure law firm).

Mounce v. Wells Fargo Home Mortgage Inc., Adv. No. 04-05182, 2008 WL 2224935 (Bankr. W.D. Tex. May 27, 2008) (challenges to Chapter 7 Bankruptcy Code violations).

Santiago, et al. v. Wells Fargo, et. al., Adv. P. No. 07-00247 (Bankr. D.P.R.) (class settlement of claims for violation of the Bankruptcy Code's discharge injunction).

Lample, et al. v. Banco Santander, et al., Adv. P. No. 07-00092 (Bankr. D.P.R.) (class settlement of claims for violation of the Bankruptcy Code's discharge injunction).

Morris v. Nationstar Mortgage, LLC, et al., 13-3708 (Mass. Super.) (settlement of individual claims against mortgage servicers for failure to honor permanent loan modification agreement).

Keating v. Encore Credit Corporation, et al., 07-4736 (Mass. Super.) (settlement of individual predatory lending case preventing foreclosure on ailing homeowner).

Martin v. BeForeclosures Corporation, et al., Adv. P. No. 04-19278 (Banks. D. Mass) (individual foreclosure rescue scam case for family with a permanently disabled child).

Johnson, et al. v. Best Rate Funding Corp., 07-30070 (D. Mass) (individual case against lender for home loan refinance that was against the borrowers' best interest).

Representative Publications

Contributing author, "Consumer Class Actions" (National Consumer Law Center, 7th Ed.

(2010); 8 th Ed. (2013)).

Co-author, "Causes of the Subprime Foreclosure Crisis and the Availability of Class Action Responses" 2 N.U.L.J 137 (Spring 2010) (with Gary Klein).

Co-author, "Mortgage Lending Discrimination and its Role in the Subprime Lending Crisis," written testimony provided for the Hearing Before the Subcomm. on the Constitution, Civil Rights and Civil Liberties of the H. Comm. on the Judiciary, 111th Cong. 162-188 (April 29, 2010) (with Gary Klein).

Substantive contributions, "Foreclosures, Defenses, Workouts and Mortgage Servicing" (National Consumer Law Center, 2011 Supplement).

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Researcher, "Chapter 93A Rights and Remedies: Chapter 13-Business Disputes Under Chapter 93A" by Seth Stadfeld (MCLE 2" Ed. 2007).

Editor and researcher, "E-Business Legal Handbook" by Michael L. Rustad (New York: Aspen Law & Business 2003).

Writer and editor, "E-Commerce and Communications: Transactions in Digital Information" by Stephen Y. Chow (Matthew Bender & Company, Inc. 2002).


"Pathways to Practice, Practical Career Guidance for Transitioning from Law School to Law Practice," Massachusetts Continuing Legal Education (annual 2010-2014).

"Post Wal-Mart v. Dukes Strategic Analysis for Mortgage Lending Disparate Impact Class Actions," National Consumer Law Center Class Action Symposium (October 2012).

"Laying a Winning Evidentiary Foundation for Class Certification," National Consumer Law Center Class Action Symposium (November, 2011).

"Mortgage Developments — Litigation and Regulatory," Practicing Law Institute (March, 2011).

"Drafting and Responding to Civil Written Discovery Requests," Boston Bar Association (November, 2010).

"Consumer Litigation Roundtable," Northeastern University Law School (November, 2010).

"Multi-District Litigation: Boon or Bane?" Boston Bar Association (February, 2010).

"Litigating Fair Housing and Fair Lending Cases," Boston Bar Association (May, 2009).

"Shelter From The Storm: Advocacy In The Subprime Fallout," Northeastern University Law School (March, 2009).

"Subprime Mortgage Discrimination Cases, "National Consumer Law Center (October, 2008).

"Fair Housing and Predatory Lending Training," Massachusetts Attorney General's Office and the Massachusetts Fair Housing Center (June, 2008).

"Community Forum on Foreclosures and Predatory Lending," Boston's Fair Housing Center, Northeastern University (April, 2007).

"Introduction to Consumer Class Actions," National Consumer Law Center (November, 2007).

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KEVIN COSTELLO Klein Kavanagh Costello

85 Merrimac Street, Boston, Massachusetts 02111 p. 617.357.5500; f. 617.357.5030

[email protected] http://www.kkellp.com

Curriculum Vitae

Kevin Costello concentrates his practice in complex consumer litigation and class action law. Mr. Costello has an extensive history of using the law to protect vulnerable groups of people, including work in the fields of health care, public benefits and housing.


Klein Kavanagh Costello — Boston, MA January 2012 - Present Mr. Costello is a partner in this nationally known litigation firm specializing in consumer class actions and litigation, with a particular focus on unfair banking practices, civil rights and products liability. KKC is court appointed lead counsel in seven multidistrict litigation proceedings.

Roddy Klein & Ryan - Boston, MA March 2008 — December 2011 Roddy Klein & Ryan specialized in consumer class actions with a particular focus on consumer financial services litigation. Representative work is listed below.

Dwyer & Collora - Boston, MA September 2007 - February 2008

Mr. Costello worked as an associate at Dwyer & Collora is a leading boutique litigation firm, focusing on complex civil litigation and criminal defense. Mr. Costello worked as an associate at the firm, representing, among others, an employee in a federal securities investigation, and an international energy corporation in a contract dispute.

Law Clerk to the Hon. Francis X. Spina, Supreme Judicial Court - Boston, MA August 2006 — August 2007

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Community Legal Services; Elderly Law Project - Philadelphia, PA September 2002 — August 2006

As a staff attorney awarded a fellowship by the Independence Foundation, Mr. Costello advocated for low-income seniors in areas of health care and benefits. Among other projects, Mr. Costello served as co-counsel in federal class action involving Medicare and Medicaid that reached successful settlement. In addition, Mr. Costello argued before a Pennsylvania appellate court challenging a state agency's administration of drug program for low-income seniors. Mr. Costello gained extensive experience representing low-income clients in their dealings with the Social Security Administration, Department of Public Welfare and other public agencies. Mr. Costello also advocated for hospital and nursing home patients in areas of access to services, quality of care, discharge planning and payment. Mr. Costello successfully litigated dozens of hearings before administrative law judges during his time with Community Legal Services

Law Clerk to the Hon. Joseph H. Rodriguez, U.S. District Court — Camden, NJ August 2001 — August 2002

EDUCATION

University of Pennsylvania Law School - Philadelphia, PA Juris Doctorate, cum laude, 2001 Honors: Public Interest Scholarship: Presented to four incoming students with a commitment to public

service and academic achievement. Benjamin R. Jones Award: For outstanding contribution to the public interest. Leebron Memorial Prize: For best paper in the field of constitutional law.

Internships: Worked for Legal Aid Society of New York; Civil Appeals Unit, and the San Francisco Neighborhood Legal Assistance Foundation

Boston College, College of Arts and Sciences - Chestnut Hill, MA Bachelor of Arts, cum laude, History, 1996


Boston Bar Association National Association of Consumer Advocates

BAR ADMISSIONS

Supreme Judicial Court of Massachusetts - 2007 United States District Court, District of Massachusetts - 2007 United States District Court, Eastern District of Pennsylvania - 2004 Supreme Court of Pennsylvania — 2002

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PUBLICATIONS

Massachusetts v. Fremont Investment and Loan, 452 Mass. 733 (2008), Case Comment, 92 MASS. L. REV. 203 (April 2010).

Special Contributor to the Legal Intelligencer of Philadelphia — 2004-2005

Without a Country: Indefinite Detention as Constitutional Purgatory, 3 U. PA. J. CONST. L. 503 (2001).



In re JPMorgan Chase Mortgage Modification Litigation, 11-md-02290 RGS (D. Mass) (Court appointed Interim Co-Lead Counsel in challenge to Chase's failure to permanently modify troubled mortgages in the HAMP program).

In re Bank of America Home Affordable Modification Program (HAMP) Contract Litigation, 10- md-02193 RWZ (D. Mass) (Court appointed Interim Co-Lead Counsel in challenge to challenge to BOA's failure to honor commitments to modify mortgages).

Bosque v. Wells Fargo Bank, NA., No. 10-10311-FDS (D. Mass.) (alleging breach of contract and unfair and deceptive practices against loan servicer participating in federal loan modification program).

Manson, et al. v. GMAC Mortgage, LLC, et al., No. 08-CV-12166-RGS (D. Mass.) (challenging validity of statewide foreclosures performed without holding a mortgage assignment).

Ramirez, et al. v. Greenpoint Mortgage Funding, No. 08-00369-EDL (N.D. Cal.) (pending challenges to discriminatory mortgage lending practices).

In re Wells Fargo Mortgage Lending Practices Litigation, 08-cv-1930 MMC (N.D. Cal.) (challenges to discriminatory mortgage lending practices).

In re Countrywide Financial Corp. Mortgage Lending Practices Litigation, MDL No. 1974 (W.D. Ky.) (challenges to discriminatory mortgage lending practices).

Allen v. Decision One Mortgage Co., 07-cv-11669-GAO (D. Mass.) (class action settlement of mortgage lending discrimination claims).

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National Consumer Law Center — "Handling Mortgage Cases from A to Z" — July 2011 -- Conference Session on Home Affordable Modification Program ("HAMP") Litigation.

National Consumer Law Center — 19th Annual Consumer Rights Litigation Conference — November 2010 — Boston, MA — Panelist on Loan Modification Strategy and Home Affordable Modification Program ("HAMP") Litigation.

Institute for Foreclosure Legal Assistance — National Association of Consumer Advocates — May 2010 — Chicago, IL - Training for grant recipients in Recoverable Grant Program.

Committee on Regional Training ("CORT")— collaboration of Michigan, Ohio and West Virginia Poverty Law programs - Consumer Law Training — April 2010 — Ann Arbor, MI — Training for staff attorneys on consumer law litigation.

Practising Law Institute — 14th Annual Consumer Financial Services Litigation Institute — March 2009 — New York, NY - Presenter on Mortgage Litigation Panel.

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Plaintiffs,

v. CASE NO. 14-cv-13477-FDS

THE MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, LAZ PARKING LIMITED, LLC, AND COMPLUS DATA INNOVATIONS, INC.

Defendants.

AFFIDAVIT OF MATTHEW P. MCCUE IN SUPPORT OF PLAINTIFFS' MOTION FOR APPROVAL OF ATTORNEYS' FEES, EXPENSES

AND INCENTIVE AWARDS

1. I am an attorney duly admitted to practice in the Commonwealth of Massachusetts, I

am over 18 years of age, am competent to testify and make this affidavit on personal knowledge.

I have extensive experience in the prosecution of class actions on behalf of consumers.

2. I am a 1993 honors graduate of Suffolk Law School in Boston, Massachusetts.

Following graduation from law school, I served as a law clerk to the Justices of the

Massachusetts Superior Court. I then served a second year as a law clerk for the Hon. F. Owen

Eagan, United States Magistrate Judge for the USDC District of Connecticut.

3. In 1994, I was admitted to the Bar in Massachusetts. Since then, I have been admitted

to practice before the United States District Court for the District of Massachusetts, the First

Circuit Court of Appeals, the United States District Court for the District of Colorado, the Sixth

Circuit Court of Appeals, and the United States Supreme Court. I frequently appear in federal


courts across the United States in consumer class actions pro hac vice.

4. Following my clerkships, I was employed as a litigation associate with the Boston

law firm of Hanify & King. In 1997, I joined the law firm of Mirick O'Connell as a litigation

associate where I focused my trial and appellate practice on plaintiffs personal injury and

consumer protection law.

5. In the summer of 2002, I was recognized by the legal publication Massachusetts

Lawyers Weekly as one of five "Up and Coming Attorneys" for my work on behalf of

consumers and accident victims.

6. In November of 2004, I started my own law firm focusing exclusively on the

litigation consumer class actions and serious personal injury cases.

7. I am in good standing in every court to which I am admitted to practice.

8. A sampling of other class actions in which I have represented classes of consumers

follows:

i. Mey v. Herbalife International, Inc., USDC, D. W. Va., Civil Action No. 01-C-263M. Co-lead counsel with Attorney Broderick and additional co-counsel, prosecuting consumer class action pursuant to TCPA on behalf of nationwide class of junk fax and prerecorded telephone solicitation recipients. $7,000,000 class action settlement preliminarily approved on July 6, 2007 and granted final approval on February 5, 2008.

ii. Mulhern v. MacLeod d/b/a ABC Mortgage Company, Norfolk Superior Court, 2005-01619 (Donovan, J.). Representing class of Massachusetts consumers who received unsolicited facsimile advertisements in violation of the TCPA and G.L. c. 93A. Case certified as a class action, and I was appointed co-lead counsel with Attorney Edward Broderick by the Court on February 17, 2006, settlement for $475,000 granted final approval by the Court on July 25, 2007.

iii. I served as co-counsel on a Massachusetts consumer telemarketing class action entitled Evan Fray-Witzer, v. Metropolitan Antiques, LLC, NO, 02-5827 Business Session, (Van Gestel, J.). In this case, the defendant filed two Motions to Dismiss challenging the plaintiffs right to pursue a private right of action and challenging the statute at issue as violative of the telemarketer's First Amendment rights. Both Motions to Dismiss were denied. Class certification was then granted and I was appointed co-lead class counsel. Companion to this litigation, my co-counsel and I

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successfully litigated the issue of whether commercial general liability insurance provided coverage for the alleged illegal telemarketing at issue. We ultimately appealed this issue to the Massachusetts Supreme Judicial Court which issued a decision reversing the contrary decision of the trial court and finding coverage. See Terra Nova Insurance v. Fray-Witzer et al., 449 Mass. 206 (2007). This case resolved for $1,800,000.

iv. I served as co-class counsel in the action captioned Shonk Land Company, LLC v. SG Sales Company, Circuit Court of Kanawha County, West Virginia, Civil Action No. 07-C-1800 (multi-state class action on behalf of recipients of faxes in violation of TCPA, settlement for $2,450,000, final approval granted in September of 2009.

v. I served as co-class counsel in Mann & Company, P.C. v. C-Tech Industries, Inc., USDC, D. Mass., C.A. 1:08CV11312-RGS, class action on behalf of recipients of faxes in violation of TCPA, settlement for $1,000,000, final approval granted in January of 2010.

vi. I served as co-class counsel in Evan Fray Witzer v. Olde Stone Land Survey Company, Inc., Massachusetts Superior Court, Civil Action No. 08-04165 (February 3, 2011) (final approval granted for TCPA class settlement). This matter settled for $1,300,000.

vii. I served as co-class counsel in Milford & Ford Associates, Inc. and D. Michael Collins vs. Cell-Tek, LLC, USDC, D. Mass. C. A. 1:09-cv- 11261-DPW, class action on behalf of recipients of faxes in violation of TCPA, settlement for $1,800,000, final approval granted August 17, 2011 (Woodlock, J.).

viii. I served as co-class counsel in Collins v. Locks & Keys of Woburn Inc.., Massachusetts Superior Court, Civil Action No. 07-4207-BLS2 (December 14, 2011) (final approval granted for TCPA class settlement). This matter settled for $2,000,000.

ix. I was appointed class counsel in Brey Corp t/a Hobby Works v. Life Time Pavers, Inc., Circuit Court for Montgomery County, Maryland, Civil Action No. 349410-V (preliminary approval granted for TCPA class settlement). This matter settled for $1,575,000.

x. I was appointed class counsel in Collins, et al v. ACS, Inc. et al, USDC, District of Massachusetts, Civil Action No. 10-CV-11912 a TCPA case for illegal fax advertising, which settled for $1,875,000.

xi. I was appointed class counsel in Desai and Charvat v. ADT Security Services, Inc., USDC, Northern District of Illinois, Civil Action No. 11-CV-1925, settlement of $15,000,000, approved, awarding fees of one third of common fund.

xii. I was appointed class counsel in Benzion v. Vivint, 0:12cv61826, USDC S.D.Fla.,

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settlement of $6,000,000 granted final approval in February of 2015.

xiii. I was appointed class counsel in Kensington Physical Therapy v. Jackson Physical Therapy Partners, USDC, District of Maryland, 8:11cv02467, settlement of $4,500,000 granted final approval in February of 2015.

xiv. I was appointed class counsel in Jay Clogg Realty v. Burger King Corp., USDC, District of Maryland, 8:13cv00662, settlement of $8.5 million granted final approval in May of 2015.

xv. I currently serve as class counsel in Charvat v. AEP Energy, 1:14cv03121 ND Ill, class settlement of $6 million granted final approval on September 28, 2015.

xvi. I serve as co-counsel to the class in Krakauer v. DISH, 1:14cv00333 MD NC, a TCPA consumer class action that was recently certified by Judge Eagles of the Middle District of North Carolina.

9. My hourly rate for consumer class action work is at least $580 and has been approved

by courts at higher amounts.

10. In August of 2016, I was retained to represent the plaintiffs in this consumer class

action due to the departure of Attorneys Klein and Kavanagh to the Office of the Attorney

General.

11. At that point and time, a settlement agreement had been reached in principle.

12. I then proceeded to finalize the settlement agreement and represent the class through

preliminary approval, notice and onto final approval.

13. As of January 14, 2016, I have expended 53 hours of work in connection with this

matter. I anticipate expending, at least, another 20 hours of time through final approval.

14. The total fair market value of my time expended on this matter through final approval

will exceed $42,000.00.

15. My time is maintained and recorded in a database maintained by my law firm.

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SIGNED UNDER PAINS AND PENALTIES OF PERJURY THIS 14 th DAY OF JANUARY, 2016.

/s/ Matthew P. McCue Matthew P. McCue

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Parking Ticket Payment

Documents