IN RE: LITHIUM ION BATTERIES ANTITRUST LITIGATION

MOTION to Appoint Counsel

N.D. Cal.March 28, 2013

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 BRUCE L. SIMON (Bar No. 96241) bsimon@pswlaw.com ROBERT G. RETANA (Bar No. 148677) rretana@pswlaw.com PEARSON, SIMON & WARSHAW, LLP 44 Montgomery Street, Suite 2450 San Francisco, California 94104 Telephone: (415) 433-9000 Facsimile: (415) 433-9008 Attorneys for the Proposed Class and Proposed Lead and Liaison Counsel [Additional counsel listed on signature page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION IN RE LITHIUM ION BATTERIES ANTITRUST LITIGATION CASE NO. CV 13-md-2420-YGR CLASS ACTION APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DIRECT PURCHASER PLAINTIFFS, AND ZELLE HOFMANN VOELBEL & MASON LLP AS LIAISON COUNSEL Date: April 3, 2013 Time: 2:00 p.m. Crtrm.: 5 The Honorable Yvonne Gonzalez Rogers Case4:13-md-02420-YGR Document101 Filed03/28/13 Page1 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 1 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Pursuant to the Order Setting Initial Conference (Dkt. No. 8), ¶ 6(a) and (b), the undersigned counsel make an application for an order appointing interim co-lead counsel and liaison counsel for the Direct Purchaser Plaintiffs. Accompanying this application is a proposed order appointing the law firms of Pearson, Simon & Warshaw, LLP, Saveri & Saveri, Inc., and Berman DeValerio as Interim Co-Lead Counsel for the Direct Purchaser Plaintiffs, as well as Plaintiffs' Steering Committee, and Zelle Hofmann Voelbel & Mason LLP as Liaison Counsel for the Direct Purchaser Plaintiffs. Also accompanying this application are declarations and exhibits from each of the proposed Co-Lead Counsel and Liaison Counsel submitted in support of the proposed leadership structure. Case4:13-md-02420-YGR Document101 Filed03/28/13 Page2 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 i 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 TABLE OF CONTENTS Page I. INTRODUCTION ...................................................................................................... 1 II. PROCEDURAL HISTORY ....................................................................................... 2 III. ARGUMENT .............................................................................................................. 4 A. The proposed Interim Co-Lead Class Counsel are willing and available to commit to the time-consuming project of leading this case. ................................................................................................................. 5 B. The proposed Interim Co-Lead Class Counsel are able to work cooperatively with others in this matter. ......................................................... 7 C. The proposed Interim Co-Lead Class Counsel have substantial experience handling complex antitrust class actions. ...................................... 8 1. Pearson, Simon & Warshaw, LLP ....................................................... 8 2. Saveri & Saveri, Inc. .......................................................................... 11 3. Berman DeValerio .............................................................................. 13 D. The Proposed Co-Leads Have Conducted Significant Research in Identifying and Investigating Current and Potential Claims. ........................ 14 E. The Court Should Appoint Zelle Hofmann as Liaison Counsel ................... 15 IV. CONCLUSION ........................................................................................................ 18 Case4:13-md-02420-YGR Document101 Filed03/28/13 Page3 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 ii 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 TABLE OF AUTHORITIES Page(s) CASES Coleman v. General Motors Acceptance Corp., 220 F.R.D. 64 (M.D. Tenn. 2004) ............................................................................................. 4 Donaldson v. Pharmacia Pension Plan, 435 F. Supp.2d 853 (2006) ........................................................................................................ 4 In re Air Cargo Shipping Servs. Antitrust Litig., 240 F.R.D. 56 (E.D.N.Y. 2006) ............................................................................................ 4, 5 In re Cardizem CD Antitrust Litigation,., 99-md-1278 (E.D. Mich) ......................................................................................................... 14 Minn-Chem, Inc. v. Agrium, Inc., 683 F.3d 845 (7th Cir. 2012) ..................................................................................................... 9 Parkinson v. Hyundai Motor America, 2006 WL 2298801 (C.D. Cal. Aug. 7, 2006) ............................................................................ 5 OTHER AUTHORITIES Fed. R. Civ. P. 23(g)(1)(A) ............................................................................................................. 4 Fed. R. Civ. P. 23(g)(3) ................................................................................................................... 4 Fed. R. Civ. Proc. 23(g)(1)(B) ........................................................................................................ 5 Fed. R. Civ. Proc. 23(g)(2) .............................................................................................................. 4 MANUAL FOR COMPLEX LITIGATION, FOURTH §§ 10.224, 21.272 .................................................. 4 Rule 23(g) of the Federal Rules of Civil Procedure .......................................................... 1, 4, 5, 11 Rule 23 ............................................................................................................................................ 4 Case4:13-md-02420-YGR Document101 Filed03/28/13 Page4 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 1 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 I. INTRODUCTION There are 25 direct purchaser actions filed in this litigation that were either originally filed in this District or filed elsewhere and transferred to this Court by the Judicial Panel on Multi- district Litigation ("JPML"). This application is brought by counsel in 23 of the 25 direct purchaser actions to respectfully request the appointment of the law firms Pearson, Simon & Warshaw, LLP (“Pearson Simon”), Saveri & Saveri, Inc. (“Saveri & Saveri”), and Berman DeValerio as interim co-lead counsel for the proposed class of Direct Purchaser Plaintiffs (“DPPs”), and as Plaintiffs' Steering Committee, and to appoint Zelle Hofmann Voelbel & Mason LLP (“Zelle Hofmann”) as liaison counsel for this consolidated multidistrict litigation (“MDL”). Proposed interim co-lead counsel and proposed liaison counsel have decades of experience in MDL antitrust cases and have been lead counsel in some of the largest antitrust actions brought in this District and elsewhere throughout the country. Significantly, in accordance with the Order Setting Initial Conference (“CMC Order”) (13-md-2420-YGR, Dkt. No. 8), the three proposed interim co-lead counsel firms have obtained the near-unanimous consensus of all 25 DPP cases on file. The consensus group of counsel for 23 of the 25 DPP cases supports the leadership structure proposed in this application. See Exhibit A hereto. As a result, not only do the proposed interim co-lead firms fulfill, and indeed exceed, the requirements of Rule 23(g) of the Federal Rules of Civil Procedure, they bring to this case a cohesive working group of counsel capable of best representing the class of DPPs. It is noteworthy that many of the firms supporting this application are themselves among the most experienced and qualified in prosecuting complex antitrust cases like this one. Starting a case in this manner, with interim co-lead counsel speaking for almost all of the cases, will yield dividends immediately by permitting the cost-effective and efficient prosecution of this case. The proposed interim co-lead and liaison counsel firms have a proven track record of experience, knowledge, commitment of resources, and success in large antitrust class-action cases which they will bring to bear in this litigation. In addition, these firms have thoroughly investigated this matter prior to filing, including the retention of economic consultants to evaluate the market and available data about prices for the subject products. Notably, Pearson Simon Case4:13-md-02420-YGR Document101 Filed03/28/13 Page5 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 2 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 represents the Liquidating Trustee of the Circuit City Stores, Inc. Liquidating Trust. Circuit City purchased more than $50 million of lithium ion batteries directly from the named defendants during the proposed class period. The Liquidating Trustee has brought other individual antitrust actions on behalf of the Trust, and in connection with those cases has substantial experience managing outside counsel for the type of litigation now before this Court. The Liquidating Trustee supports this leadership structure. 1 In addition, Saveri & Saveri represents six separate clients in this matter including Ritz Camera & Image, LLC, another very large purchaser of lithium ion batteries. It is also noteworthy that Berman DeValerio, which in other contexts represents some of the largest public pension funds in the world, also represents a very substantial seller of electronic equipment that has experience as a named plaintiff in other antitrust cases. Equally important, Pearson Simon, Saveri & Saveri, and Berman DeValerio all have a long history of working effectively with each other and other plaintiffs’ counsel. They are ready and able to act as interim co-lead counsel in this matter. They respectfully ask that the Court appoint them to serve in this capacity, and also appoint Zelle Hofmann as liaison counsel. Judith A. Zahid of Zelle Hofmann will be the principal spokesperson on liaison matters with the Court. Zelle Hofmann, with its San Francisco and national presence, and Ms. Zahid bring a wealth of experience and an outstanding track record in complex class action cases, including large antitrust class actions. II. PROCEDURAL HISTORY The first complaint in this consolidated action was filed on October 3, 2012. See Young, et al. v. LG Chem, Ltd., et al., No. 12-cv-5129. Numerous complaints have since been filed on behalf of both DPPs and indirect purchaser plaintiffs (“IPPs”). On October 16, 2012, a motion was made before the JPML to transfer all actions to the District of New Jersey. Proposed interim co-lead counsel each supported consolidation, opposed the transfer to New Jersey, and advocated 1 Declaration of Plaintiff Alfred H. Siegel, Solely in his Capacity as Trustee of the Circuit City Stores, Inc. Liquidating Trust, in Support of Application for Appointment Of Pearson, Simon & Warshaw, LLP, Saveri & Saveri, Inc., Berman DeValerio as Interim Co-Lead Counsel for Direct Purchaser Plaintiffs, and Zelle Hoffmann as Liaison Counsel, at ¶ 9. Case4:13-md-02420-YGR Document101 Filed03/28/13 Page6 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 3 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 transfer to this District. An initial Case Management Conference was scheduled before this Court for January 28, 2013. See December 5, 2012 Clerk’s Notice Setting Case Management Conference (Case No. 4:12-cv-05681, Dkt. No. 7). On January 4, 2013, Defendants jointly moved to continue the Case Management Conference pending the outcome of the JPML hearing. See Defendants’ Joint Administrative Motion To Continue Case Management Conference (Case No. 12-cv-05678, Dkt. No. 10). The Court granted that motion and continued the initial case management conference to March 18, 2013. See January 18, 2013 Order Granting Defendants’ Joint Administrative Motion To Continue Case Management Conference (Case No. 12-cv-5129, Dkt. No. 49). The JPML heard oral argument on January 31, 2013. On February 6, 2013, the JPML issued a Transfer Order in In re Lithium Ion Batteries Antitrust Litig., MDL No. 2420, transferring an action pending in the District of New Jersey to this Court, and finding that “centralization of all actions in the Northern District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” (MDL No. 2420, Dkt. No. 122.) On February 12, 2013, the JPML conditionally transferred to this Court an additional six cases from the Southern District of California, one case from the District of Massachusetts, one case from the District of Minnesota, and 18 cases from the District of New Jersey. (MDL No. 2420, Dkt. No. 123.) On March 4, 2013, the Court issued its CMC Order. The CMC Order directed counsel to appear for a conference on April 3, 2013 at 2:00 p.m., and set forth a tentative agenda, including the appointment of lead counsel. CMC Order, Exhibit A. The CMC Order also directed counsel to “confer and seek consensus on the selection of a candidate for the position of liaison counsel” and a plaintiffs’ steering committee (“PSC”). Id. Pursuant to the CMC Order, counsel for DPPs have met individually and as a group to discuss efficient and effective case management, and to confer on a leadership structure best suited to the “just, speedy, and inexpensive determination” of the litigation. Despite best efforts, most Case4:13-md-02420-YGR Document101 Filed03/28/13 Page7 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 4 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 but not all DPPs’ counsel reached consensus. Plaintiffs’ counsel in all but two of the DPP cases, however, support the leadership structure proposed here. See Exhibit A (hereto). 2 III. ARGUMENT Rule 23 provides that a court “may designate interim counsel to act on behalf of the putative class before determining whether to certify the action as a class action.” Fed. R. Civ. P. 23(g)(3). The goal is to determine who best will represent the interests of the class, and who best will be able to accomplish the goals of efficiency and economy in doing so. See Coleman v. General Motors Acceptance Corp., 220 F.R.D. 64, 100 (M.D. Tenn. 2004); see also MANUAL FOR COMPLEX LITIGATION (FOURTH) § 10.221 (2004) (“MANUAL”). Where, as here, multiple cases are pending, “appointment of class counsel is necessary to protect the interests of class members.” Donaldson v. Pharmacia Pension Plan, 435 F. Supp.2d 853, 856 (2006); see also In re Air Cargo Shipping Servs. Antitrust Litig., 240 F.R.D. 56 (E.D.N.Y. 2006). In complex antitrust matters such as this, appointing seasoned lead counsel is one of the district court’s key organizational tools. MANUAL §§ 10.224, 21.272. The “designation of interim [class] counsel clarifies responsibility for protecting the interests of the class during precertification activities, such as making and responding to motions, conducting any necessary discovery, moving for class certification, and negotiating settlement.” Id. § 21.11. Because lead counsel is charged with the ultimate responsibility of acting on behalf of the class throughout the entire litigation, the Court must appoint lead counsel who are fully capable and qualified to fairly and adequately represent the interests of the class. See id. §§ 10.22, 21.271, 21, 272; see also Fed. R. Civ. Proc. 23(g)(2) (noting that “the court must appoint the applicant best able to represent the interests of the class” if more than one qualified applicant seeks to be appointed class counsel). Rule 23(g) and this Court’s CMC Order identify several factors that merit consideration in selecting interim class counsel. See Fed. R. Civ. P. 23(g)(1)(A); CMC Order at 5:11-19 (setting 2 The only two cases not supporting the leadership structure proposed here are Barbat v. LG Chem, Ltd., et al., No. 4:13-cv-00782-YGR (N.D. Cal.), and Brownlee v. LG Chem, Ltd., et al., No. 4:13-cv-00783-YGR (N.D. Cal.). Case4:13-md-02420-YGR Document101 Filed03/28/13 Page8 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 5 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 forth the main criteria for membership in Plaintiffs’ Steering Committee); Air Cargo Shipping Services Antitrust Litig., 240 F.R.D. 56, 57 (E.D.N.Y. 2006) (applying Rule 23(g) criteria in selecting interim class counsel); Parkinson v. Hyundai Motor America, 2006 WL 2298801, at *2 (C.D. Cal. Aug. 7, 2006) (same). These factors include: (a) counsel’s willingness and availability to commit to a time-consuming project; (b) counsel’s ability to work co-operatively with others; (c) counsel’s qualifications, including experience in managing complex litigation and knowledge of the subject matter; and (d) counsel’s efforts in researching and investigating the claims before the court. The Court may also consider “any other matter pertinent to counsel’s ability to fairly and adequately represent the interests of the class. See Fed. R. Civ. Proc. 23(g)(1)(B). As demonstrated below, Pearson Simon, Saveri & Saveri, and Berman DeValerio more than satisfy all of the relevant criteria. A. The proposed Interim Co-Lead Class Counsel are willing and available to commit to the time-consuming project of leading this case. Pearson Simon, Saveri & Saveri, and Berman DeValerio have demonstrated they are willing to commit the resources and time necessary to litigate a complex class action such as this one, as they have done in many other cases. For example, Pearson Simon acted as co-lead counsel for the direct purchaser class in In re TFT-LCD (Flat Panel) Antitrust Litigation (N.D. Cal. MDL No. 1827) (“TFT-LCD”), obtaining $473 million in settlements with some of the same defendants sued here. In 2012, Pearson Simon and their co-lead counsel tried the case to a successful $87 million jury verdict before trebling. Declaration of Bruce L. Simon, filed herewith (“Simon Decl.”) at ¶ 8. Both Saveri & Saveri and Berman DeValerio worked with Pearson Simon in TFT-LCD. Along with co-lead counsel, Pearson Simon managed discovery of roughly 8 million documents consisting of over 40 million pages, and oversaw as many as 136 document reviewers working concurrently. Id., ¶ 10. Approximately 1.5 million foreign language documents were identified, and nearly half were reviewed by foreign language reviewers. Id. The direct purchaser class served 184 sets of discovery requests, responded to 75, and engaged in extensive discovery motion practice before a special master. Id. Counsel took and defended more than 130 depositions: 50 in San Francisco, Case4:13-md-02420-YGR Document101 Filed03/28/13 Page9 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 6 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 40 elsewhere across the country, and 41 outside of the United States. Id. In all, counsel incurred over $11 million in costs and contributed over 250,000 hours of work on the case, prior to trial. Id. The Court credited counsel’s work as an “excellent result obtained for the Class” after more than five years of litigation. Id., Exhibit A. The Court noted that counsel did “an excellent job in this case handling what has been a really enormous and cumbersome process.” Id. Saveri & Saveri started its investigation into this matter in June of 2011. This investigation included among other things, reviewing industry materials regarding the lithium ion battery industry, researching industry data, and retaining consultants to review the economic evidence of the alleged conspiracy. On October 11, 2012, Saveri & Saveri, Inc. filed the first and second cases in the country on behalf of direct purchasers of lithium ion batteries alleging violations of the antitrust laws in the Northern District of California. See, Carte v. Samsung SDI Co., Ltd., et al., No. 12-5268 YGR; filed Oct. 11, 2012 (“Carte”) and Gray v. Samsung SDI Co., Ltd., et al., No. 12-5274 YGR; filed Oct. 11, 2012 (“Gray”). All other direct purchaser cases followed these two original complaints. In addition to the Carte and Gray complaints, the Saveri firm represents plaintiffs in Nelson v. Samsung SDI Co., Ltd., et al., No. 12-05516 YGR; filed Oct. 25, 2012 (“Nelson”); Wilson v. Samsung SDI Co., Ltd., et al., No. 12-6210 YGR; filed Dec. 7, 2012 (“Wilson”); Ritz Camera & Image, LLC v. Samsung SDI Co., Ltd., et al., No. 13-0213 YGR; filed Jan. 15, 2013 (“Ritz”); and Walner v. Samsung SDI Co., Ltd., et al., No. 13-1298 MEJ; filed March 22, 2013 (“Walner”). In total, Saveri & Saveri represents six of the twenty-five DPPs coordinated in this MDL. Saveri & Saveri's firm resume is attached as Exhibit A to the Declaration of R. Alexander Saveri, submitted herewith. Berman DeValerio is a national law firm with forty attorneys in offices on both the west coast and east coast. The firm has litigated class actions in this District and in courts around the country for thirty years, and has been appointed by courts to serve as lead or co-lead counsel in scores of complex antitrust, securities and consumer class actions. The firm regularly represents institutions, corporations and consumers in class and non-class litigation. Here, Berman DeValerio has been retained by Univision-Crimson Holding, Inc., which through its subsidiaries provides professional audio, video, teleconferencing, presentation and multi-media equipment. Case4:13-md-02420-YGR Document101 Filed03/28/13 Page10 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 7 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Berman DeValerio presently serves as lead or co-lead counsel in several pending class actions, including, In re BP, PLC Sec. Litig., 10-md-2185 (S.D. Tex.), In re IndyMac Mortgage- Backed Litig., 09-cv-4583 (S.D.N.Y.), In re Online DVD Rental Antitrust Litig., 09-md-2029 (PJH) (N.D. Cal.), Trabakoolas v. Watts Water Technologies, Inc., 4:12-cv-01172 (YGR), Wallach v. Eaton Corp., 10-260-SLR (D. Del.) and as Steering Committee for Direct Purchaser Plaintiffs in In re Optical Disk Drives Antitrust Litig. 3:10-md-02143-RS (N.D. Cal.). Berman DeValerio’s biographical materials are attached as Exhibit A to the Declaration of Joseph J. Tabacco, Jr. ("Tabacco Decl."), submitted herewith. As these examples amply illustrate, Pearson Simon, Saveri & Saveri, and Berman DeValerio already have worked to identify, investigate and litigate the claims in this action, and are all willing and able to commit to the time-consuming project of leading this case, as they have done many times previously. B. The proposed Interim Co-Lead Class Counsel are able to work cooperatively with others in this matter. While the three firms proposed here believe they can provide the most fair and adequate leadership structure for the class, they have an inclusive management style and will seek the participation of the many other firms involved in this litigation. This is best evidenced by the number of firms that support the proposed leadership structure. As stated above, Counsel for plaintiffs in 23 out of the 25 filed DPP cases support this application for appointment of Pearson Simon, Saveri & Saveri and Berman DeValerio as interim co-lead counsel for DPPs. Proposed interim co-lead class counsel are committed to a cooperative approach among all counsel and, with the permission of the Court, they will work as Plaintiffs' Steering Committee to establish appropriate committees or working groups of counsel to ensure that the class is adequately represented and that the consensus among counsel is maintained. Simon Decl., ¶ 33. In doing so, proposed interim co-lead class counsel will strive to be efficient and to avoid waste and duplication. Before filing this motion, the three proposed interim co-leads made significant effort to reach 100% consensus among DPPs so that a proposed leadership structure could be presented to Case4:13-md-02420-YGR Document101 Filed03/28/13 Page11 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 8 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 the Court as a proposed stipulation and order, instead of through competing applications. Counsel for one of the two cases that declined to support this proposed leadership structure was offered a significant litigation role within the consensus group. Although an agreement was unfortunately not reached with one outlier counsel and his co-counsel, all of the firms supporting this application were able to reach a consensus. Simon Decl., ¶¶ 26, 29-31. The fact that consensus has been reached is an achievement, for any number of the firms that have agreed to this structure could have served as lead counsel in this case, but they stepped back in favor of DPPs proceeding in a unified fashion so that the focus can be on litigating this case against Defendants for the best interests of the class. C. The proposed Interim Co-Lead Class Counsel have substantial experience handling complex antitrust class actions. As the following discussion and the attachments to the Declarations of Bruce L. Simon, R. Alexander Saveri and Joseph J. Tabacco, Jr. demonstrate, Pearson Simon, Saveri & Saveri, and Berman DeValerio have substantial experience handling complex antitrust class actions; they have served as lead or co-lead counsel in numerous antitrust class actions; and, they are highly knowledgeable regarding the applicable law. This prong of the Court’s analysis is easily satisfied. 1. Pearson, Simon & Warshaw, LLP Pearson Simon is a civil litigation firm that specializes in class actions, with offices in San Francisco and Los Angeles. Pearson Simon handles national and multi-national class actions that present cutting-edge issues in both substantive and procedural areas. The firm’s attorneys have expertise in litigating difficult and large cases in an efficient and cost-effective manner. Recognized as national leaders in the field of antitrust litigation, they have obtained hundreds of millions of dollars in settlements and verdicts on behalf of their clients. Attorneys at Pearson Simon serve as co-lead counsel in such prominent cases as TFT-LCD and In re Potash Antitrust Litigation (II) (N.D. Ill. MDL No. 1996) (“In re Potash”), and hold, or have held, leadership roles in various other notable complex antitrust and class-actions, including In re Static Random Access Memory (SRAM) Antitrust Litigation, No. M:07-cv-01819 (N.D. Cal. 2007); In re Cathode Ray Tube (CRT) Antitrust Litigation, No. CV-07-5944 (N.D. Cal. 2007); and In re Optical Disk Drive Case4:13-md-02420-YGR Document101 Filed03/28/13 Page12 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 9 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Products Antitrust Litigation, No. 3:10-md-2143 (N.D. Cal. 2010). See generally Simon Decl. Ex. B. The attorneys who will be primarily responsible for the adjudication of this case are Bruce L. Simon and Robert Retana, along with Aaron M. Sheanin, William J. Newsom, and other attorneys as required. Bruce L. Simon Mr. Simon specializes in complex cases involving antitrust, securities, and consumer protection laws. Mr. Simon has been recognized for his service as co-lead counsel and trial counsel for the direct purchaser plaintiffs in TFT-LCD. After reaching settlements with several defendants totaling over $405 million, Mr. Simon and his trial team tried the case to an $87 million dollar verdict (before trebling) against Toshiba. Mr. Simon served as co-lead trial counsel, successfully marshaled numerous witnesses, and presented the opening argument. Another $68 million was recovered for class members though settlements with Toshiba after trial and with another defendant on the eve of trial, for a total recovery of $473 million for the direct purchaser class. Simon Decl., ¶ 8. In 2013, California Lawyer Magazine awarded Mr. Simon a California Lawyer of the Year Award for his work in the TFT-LCD case. The verdict in that case was cited by the Daily Journal as one of the top 10 verdicts of the year. Id. Mr. Simon serves as co-lead counsel for the direct purchaser plaintiffs in In re Potash. There, Mr. Simon successfully argued an appeal of the district court’s opinion denying the defendants’ motions to dismiss for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvements Act (“FTAIA”) before the United States Court of Appeals for the Seventh Circuit. In Minn-Chem, Inc. v. Agrium, Inc., 683 F.3d 845 (7th Cir. 2012), the Seventh Circuit, sitting en banc, took a broad view of the ability of the federal courts to hear antitrust cases concerning alleged foreign cartel activity that plaintiffs contend has effects in the United States. This is a significant decision pertaining to an issue that arises in most antitrust cases involving international cartels. Subsequently, the direct purchasers reached settlements totaling $90 million. Mr. Simon was recently appointed interim co-lead counsel in In re Carrier IQ Consumer Privacy Litigation, MDL No. 2330 (N.D. Cal.), by the Honorable Edward Chen and was Case4:13-md-02420-YGR Document101 Filed03/28/13 Page13 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 10 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 appointed chairman of a five-firm committee serving as interim co-lead counsel in Sledge v. Warner Music Group Corp., No. 12-cv-00559-RS (N.D. Cal.) by the Honorable Richard Seeborg. Simon Decl., ¶ 13. Mr. Simon has served as lead or co-lead counsel in several other successful nationwide class actions in this District including In re Sodium Gluconate Antitrust Litigation, MDL No. 1226 (N.D. Cal.); In re Methionine Antitrust Litigation, MDL No. 1311 (N.D. Cal.) (over $100 million in settlements); In re Citric Acid Antitrust Litigation, MDL No. 1092 (N.D. Cal.) ($80 million in settlements). Id., ¶ 14. Mr. Simon also served as co-chair of discovery and as a member of the trial preparation team in In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, MDL No. 1486 (N.D. Cal.) ($325 million in settlements). Robert G. Retana Robert G. Retana is an accomplished litigator, with both civil and criminal experience and significant trial experience. Mr. Retana worked as a civil litigator at the Heller, Ehrman firm in San Francisco where he handled large, complex litigation. He served as an Assistant District Attorney for the City and County of San Francisco, where he was the Assistant Supervisor of the Misdemeanor Trial Division and a member of the Felony Domestic Violence Unit. As an Assistant District Attorney, he tried dozens of cases before a jury and handled hundreds of hearings. He then worked as a litigator at Cotchett Pitre & Simon where he handled complex individual and class actions on behalf of plaintiffs involving securities and antitrust matters, including a three month civil trial in Los Angeles Superior Court. Mr. Retana next worked as an attorney for the Administrative Office of the Courts in the Litigation Management Unit, was a named partner at Oliver, Sabec & Retana, and has served as a Judge Pro Tem in San Mateo County. Simon Decl., ¶ 19. At Pearson Simon, Mr. Retana was a member of the pretrial and trial team in TFT-LCD and has worked extensively on In re Potash. He is currently counsel in two proposed class actions involving Ponzi schemes: Arreola v, Bank of America, N.A., et al. (Central District of California Case No. 11-CV-06237 FMO) (Ponzi scheme targeting members of the Los Angeles Latino community) and Uecker v. Wells Fargo Capital Finance, LLC (Northern District of California Bankruptcy Court Case No. 11-49-RLE-11) (Ponzi scheme involving investments in real estate Case4:13-md-02420-YGR Document101 Filed03/28/13 Page14 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 11 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 loans). Simon Decl., ¶ 20. 2. Saveri & Saveri, Inc. Saveri & Saveri has extensive experience in class action litigation involving antitrust claims in this District and around the United States. The Saveri firm has been appointed sole Interim Lead Counsel pursuant to rule 23(g) on behalf of the direct purchaser class in CRT. Settlements to date total $81 million with two defendant groups remaining and discovery is ongoing. In addition, Saveri & Saveri was appointed chairman of plaintiffs’ executive committee in In re Optical Disk Drive Products Antitrust Litigation, MDL No. 2143; 10-md-02143-RS (N.D. Cal.) (Seeborg, J.) (“ODD”). Settlements to date total $26 million and discovery is ongoing. Importantly, most of the defendants in this case are identical to or affiliated with the defendants in CRT and ODD – i.e. LG, Samsung, Panasonic, and Hitachi. Saveri & Saveri is extensively familiar with these companies’ corporate structures, their documents and data procedures, their witnesses and the counsel representing them. Many of the witnesses being deposed in CRT will be deposed again in Lithium Ion Batteries because they were involved in both products. This close relationship between Lithium Ion Batteries, ODD and CRT makes Saveri & Saveri uniquely qualified to serve as Interim Lead Counsel. In addition to CRT and ODD, Saveri & Saveri was appointed Interim Co-Lead counsel on behalf of the direct purchaser class in In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, MDL No. 1486; 02-md-1486-PJH (N.D. Cal.) (Hamilton, J.) (“DRAM”) and In re Flash Memory Antitrust Litigation, 07-cv-00086-SBA (N.D. Cal.) (Armstrong, J.) (“Flash”). Both DRAM and Flash involve allegations of price fixing in the DRAM memory chip industry and the Flash memory industry, respectively. Once again, several of the defendants in DRAM and Flash are also in this litigation – namely, Samsung and Hitachi. In addition, Saveri & Saveri served on plaintiffs’ executive committee in TFT-LCD and SRAM. As noted above, TFT-LCD and SRAM are additional electronics antitrust class actions involving many of the same defendants as Lithium Ion Batteries. In addition to CRT, ODD, Flash, and DRAM, Saveri & Saveri has been appointed Co-Lead Counsel in numerous other cases in this District, including In re Methionine Antitrust Litigation, Case4:13-md-02420-YGR Document101 Filed03/28/13 Page15 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 12 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 MDL No. 1311, (N.D. Cal.) (Breyer, J.) (“Methionine”) (A nationwide class action on behalf of direct purchasers of methionine alleging antitrust price-fixing. The case was settled for $107,000,000.); In re Citric Acid Antitrust litigation, MDL No. 1092, C-95-2963 (N.D. Cal.) (Smith J.) (“Citric Acid”) (A certified direct purchaser class of purchasers of citric acid alleging violations of the Sherman Act for fixing the price of citric acid in the United States and around the world. The case was settled for $86,000,000.); and Chair of Plaintiffs’ Counsel in In re Tableware Antitrust Litigation, Case No. C04-3514 VRW (N.D. Cal.) (Walker, J.) (A certified class action on behalf of a nationwide class of purchasers of tableware. This case was tried to verdict.). Saveri & Saveri is uniquely qualified to represent the interests of the direct purchasers in light of its extensive experience handling recent antitrust cases involving similar electronic products against many of the very same Defendants. Partners Guido Saveri, R. Alexander Saveri, and Cadio Zirpoli will handle this matter. They will be assisted by associates Carl N. Hammarskjold, David Hwu, and Travis Manfredi. R. Alexander Saveri R. Alexander Saveri is the managing partner of Saveri & Saveri, Inc. He has specialized in antitrust class actions for more than eighteen years. He is currently the lead attorney for Saveri & Saveri regarding CRT. In addition to CRT Mr. Saveri was a member of the trial team that tried In re Tableware Antitrust Litigation, (N.D. Cal., Case No. C04-3514 VRW) to verdict before United States District Court Chief Judge Vaughn R. Walker. He has served, or is serving, as court appointed co-lead or liaison counsel in many antitrust cases, including In re Intel Corp. Microprocessor Antitrust Litigation (D. Del., MDL No. 1717), an MDL proceeding on behalf of consumers who purchased Intel x86 microprocessors; In re Vitamin C Antitrust Litigation (E.D.N.Y., MDL No. 1738); and In re California Title Insurance Antitrust Litigation, Case No. 08-01341 JSW, (N.D. Cal.) (White, J.). Mr. Saveri was also co-liaison counsel and a member of the plaintiffs’ executive committee in the Smokeless Tobacco Cases, (J.C.C.P. No. 4250), which settled for $96 million on behalf of consumers in the State of California Carl N. Hammarskjold Mr. Hammarskjold graduated summa cum laude in 2011 from the University of San Case4:13-md-02420-YGR Document101 Filed03/28/13 Page16 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 13 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Francisco School of Law and was a Judicial Extern for the Honorable William Alsup of the Northern District of California. Since joining Saveri & Saveri, Mr. Hammarskjold has worked extensively on antitrust matters including Kleen Products. LLC, et al. v. Packaging Corporation of America, et al. (Container Board), Case No. 1:10-cv-05711; ODD; and In re Chocolate Confectionary Antitrust Litigation, MDL No. 1935. 3. Berman DeValerio Berman DeValerio is a national law firm with forty attorneys on the west coast and east coast with over thirty years’ class action experience. See Tabacco Decl., Exh. A. It has the ability and willingness to dedicate the necessary resources to litigate this action. Partners Joseph J. Tabacco, Jr. and Todd A. Seaver will handle the litigation responsibilities, assisted by associate attorneys Victor Elias and Sarah Khorasanee McGrath, and other attorneys and/or professional staff as required. Joseph J. Tabacco, Jr. Mr. Tabacco has served as trial or lead counsel in numerous antitrust and securities cases. Tabacco Decl. ¶ 8. Prior to 1981, Mr. Tabacco served as senior trial attorney for the U.S. Department of Justice, Antitrust Division, in both the Central District of California and the Southern District of New York. He actively litigates antitrust, securities fraud, commercial high tech and intellectual property matters. He frequently lectures and authors articles on securities and antitrust law issues and is a member of the Advisory Board of the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law. Mr. Tabacco is a former teaching fellow of the Attorney General’s Advocacy Institute in Washington, D.C., and has served on the faculty of ALI-ABA on programs about U.S.-Canadian business litigation and trial of complex securities cases. Id. at ¶¶ 8-9. Mr. Tabacco has served as lead or co-lead counsel in significant antitrust class actions, including the landmark recovery against DeBeers (Sullivan v. DB Investments Inc., 04-02819 (D.N.J.) ($295 million settlement), In re Sorbates Direct Purchaser Antitrust Litigation; C 98- 4886 (N.D. Cal.) ($96.5 million in settlements), and In re Cardizem CD Antitrust Litigation, 99- MD-1278 (E.D. Mich.) ($80 million settlement). He was lead counsel representing the State of Case4:13-md-02420-YGR Document101 Filed03/28/13 Page17 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 14 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Michigan Retirement Systems in In re Bear Stearns Cos. Inc. Sec., Derivative, & ERISA Litig., which settled in 2012 for $294.9 million. Mr. Tabacco has tried a number of cases, each of which resolved successfully at various points during or after trial, including In re MetLife Demutualization Litig. (settled after jury empanelled), Gutman v. Howard Savings Bank (plaintiffs’ verdict after six-week trial), In re Equitec Sec. Litig. (settled after six months of trial) and In re Ramtek Sec. Litig. Id. at ¶9. Todd A. Seaver Todd A. Seaver is an experienced litigator with Berman DeValerio who is experienced in handling class actions and other complex litigation, including claims of the type asserted in this action. Tabacco Decl., ¶10. Mr. Seaver was court-appointed lead counsel in In re New Motor Vehicles Canadian Export Antitrust Litig., 03-md-1532 (D. Me.), one of the largest antitrust class actions in history. He has been appointed to leadership positions in class actions pending in this District: In re Online DVD Rental Antitrust Litig., 09-md-2029 (PJH) (N.D. Cal.) (Plaintiffs Steering Committee), and Trabakoolas v. Watts Water Technologies, Inc.. 4:12-cv-01172-YGR (Plaintiffs’ Steering Committee and Liaison Counsel), and ODD (Plaintiffs’ Steering Committee). Mr. Seaver also represents the California Public Employees’ Retirement System in its landmark litigation against the credit rating agencies Moody’s and Standard & Poor’s, California Public Employees’ Ret. Sys. v. Moody’s, No. CGC-09-490241 (Super. Ct. San Francisco County). Id. D. The Proposed Co-Leads Have Conducted Significant Research in Identifying and Investigating Current and Potential Claims. Prior to drafting their complaints, Pearson Simon, Saveri & Saveri, and Berman DeValerio each conducted extensive independent investigation and analysis into the lithium ion batteries market generally, the defendants, and the allegations of collusion. See e.g., Simon Decl., ¶ 21. Counsel retained consultants experienced in economic analysis of antitrust violations to review economic trends, combed through SEC filings and the like to unravel the web of corporate identities utilized by defendants, and uncovered evidence tending to show that defendants likely engaged in collusive behavior. Id. The allegations in the complaints filed by Pearson Simon, Case4:13-md-02420-YGR Document101 Filed03/28/13 Page18 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 15 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Saveri & Saveri, and Berman DeValerio reflect this extensive analysis and demonstrate these firms’ willingness to invest significant time and resources to prosecuting this case. E. The Court Should Appoint Zelle Hofmann as Liaison Counsel In the CMC Order, the Court ordered the parties to seek consensus of the selection of a candidate for the position of Liaison Counsel who will be charged with administrative matters. Again, while complete consensus has not been reached, the proposed co-leads on behalf of 23 of the 25 cases support the appointment of Zelle Hofmann as Liaison Counsel. Ms. Judith Zahid will serve as the primary contact person for the Court with respect to administrative matters handled by Liaison Counsel. Zelle Hofmann Zelle Hofmann is a 65-attorney firm, with offices in San Francisco, Dallas, Minneapolis, Boston, Washington, D.C., London, and an affiliated office in Beijing. Zelle Hofmann attorneys have been practicing antitrust litigation and counseling individual and corporate clients for over 45 years. The firm represents plaintiffs and defendants in price-fixing, monopolization, restraint of trade, and other commercial litigation, on behalf of classes, individual clients, and major corporations. The firm has a national reputation for its trial and litigation skills, as well as for resolving highly complex disputes on a national and international basis. See the Zelle Hofmann firm resume, attached as Exhibit 1 to the Declaration of Judith A. Zahid in Support of Application for Appointment of Pearson, Simon & Warshaw, LLP, Saveri & Saveri, Inc., and Berman DeValerio as Interim Co-Lead Counsel for Direct Purchaser Plaintiffs, and Zelle Hofmann Voelbel & Mason LLP as Liaison Counsel (“Zahid Decl.”). Zelle Hofmann has extensive experience in litigation and trials, including technology- intensive antitrust class actions. In fact, Zelle Hofmann attorneys are either Lead, Co-Lead, or Liaison Counsel in many of the other so-called “electronics cases” pending in this District: (1) DRAM (Liaison Counsel; settled for over $309 Million); (2) SRAM (IPP Sole Lead Counsel; settled for $41.3 Million); (3) TFT-LCD (IPP Co-Lead Counsel; settled for $1.1 Billion, all cash); In re Graphics Processing Antitrust Litig., MDL No. 1827; and (4) Flash (IPP Co-Lead Counsel). They have also played major roles in other computer industry litigation such as CRT, In re Intel Case4:13-md-02420-YGR Document101 Filed03/28/13 Page19 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 16 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Corp. Microprocessor Antitrust Litig., MDL No. 1717 (D. Del.), Microsoft Corp. Antitrust Litig., MDL No. 1332 (D. Md.); Microsoft Cases, J.C.C.P. No. 4106 (San Francisco Superior Court) (Liaison Counsel and Chair of Executive Committee; settled the case on the eve of trial for $1.1 billion); Microsoft Antitrust Litig. (Hennepin Co. Dist. Ct., Minn.) (Co-Lead counsel; settled the matter after six weeks at trial for $175 million); Microsoft Antitrust Litig. (Polk Co. Dist. Ct., Iowa) (Co-Lead Counsel; reached a settlement close to $180 million after three months of trial); Microsoft Antitrust Litig. (Milwaukee Co. Dist. Ct., Wis.) (Co-Lead Counsel; reached a settlement close to $224 million). Zelle Hofmann has achieved significant results in numerous of these and other cases. See Zahid Decl., Ex. 1. In addition to demonstrating its willingness to commit its substantial resources to this litigation, as well as its knowledge and experience, Zelle Hofmann brings a proven ability to work cooperatively with all other counsel. In his recent Supplemental Report and Recommendation in the LCD Antitrust Litigation, Special Master Martin Quinn emphasized Zelle Hofmann’s unique ability to cooperate with all counsel: It was primarily the Zelle firm that led the strategy and made it possible to obtain the victories that enabled the case to be successfully settled. The Zelle firm organized and coordinated the IPP group, and harmonized the IPP effort with the Direct-Purchaser Plaintiffs, the Direct Action Plaintiffs and the State Attorneys General…[Zelle lawyers] were the indispensable force that made the IPP effort all work cohesively. 3 Zelle Hofmann partners, Francis O. Scarpulla and Judith A. Zahid, will handle much of the litigation responsibilities, assisted by partners Craig C. Corbitt and Christopher T. Micheletti, associate attorney Patrick B. Clayton, and National E-Discovery Counsel, Eric P. Mandel. See Zahid Decl., Ex. 1. Francis O. Scarpulla In his over forty-five year career as a legal practitioner, Mr. Scarpulla has handled over 3 TFT-LCD, MDL No. 1827 (Dkt. No. 7375), Supplemental Report and Recommendation of Special Master re: Allocation of Attorneys’ Fees in the Indirect-Purchaser Class Action, pp. 24:18–25:7 (emphasis added). Zahid Decl., Ex. 2. Case4:13-md-02420-YGR Document101 Filed03/28/13 Page20 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 17 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 140 antitrust matters on behalf of corporate and individual plaintiffs, having tried as the sole trial attorney a number of antitrust cases, including three in this District. Mr. Scarpulla was the pioneer in establishing the California laws governing indirect-purchaser class action litigation. Mr. Scarpulla has also been a leader in federal antitrust cases throughout the nation, and was nominated by his fellow lawyers to the “Best Lawyers in America” listing. He was honored by being named the 2005 “Antitrust Attorney of the Year” by the Antitrust Section of the California State Bar. Mr. Scarpulla served as chairman of the Antitrust and Trade Regulation Section of the State Bar of California in 1991, and is also a co-author of the Section’s treatise, California State Antitrust and Unfair Competition Law. Mr. Scarpulla has been named a California “Super Lawyer” several years in a row; and was named one of the Top 100 Lawyers in California in 2012. He received a California Lawyer Attorney of the Year award in 2013 for his work in the LCD antitrust cases. In his recent LCD Report and Recommendation, Special Master Quinn said of Mr. Scarpulla: The Zelle Hofmann firm, and co-lead counsel Francis Scarpulla, were the engines that primarily drove the IPP effort to a successful conclusion…During mediation, Mr. Scarpulla set the tone and led the strategy to obtain the excellent settlements…As co-lead counsel, Mr. Scarpulla played precise [sic] the role expected of him, and according to every lawyer and mediator I spoke to, did so superbly. A not insignificant part of his job was to mesh the efforts of the two teams of lawyers, and to mollify the demands and objections of his co-lead counsel… Zahid Decl., Ex. 2., pp. 24:15-25:10. Judith A. Zahid Ms. Zahid is a partner at Zelle Hofmann, the Chair of the Antitrust Section of the San Francisco Bar Association, and a Civil Redress Task Force member of the Antitrust Division, American Bar Association, devoting her practice to antitrust and unfair competition cases. Since 2009, Ms. Zahid has been selected each year as a Northern California “Rising Star” in Antitrust, and in 2012, she was named an Antitrust “Super Lawyer”. Ms. Zahid played a critical role in the successful prosecution of the TFT-LCD case. She was responsible for substantial strategizing and briefing of class certification and decertification, Case4:13-md-02420-YGR Document101 Filed03/28/13 Page21 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 18 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 and took the lead on opposing the Daubert motion, both on the brief and at oral argument. Ms. Zahid was also central to many of the merits and expert discovery efforts, including: supervising and organizing the electronic review of over 8 million documents in both English and several foreign languages; negotiating and collecting all defendant data; overseeing the efforts to obtain third-party data; and taking and defending several depositions, including of economic and other experts. In addition, she was primarily responsible for the day-to-day coordination of all parties in the discovery, briefing, and trial preparation efforts. Ms. Zahid not only organized and helped direct the group of indirect-purchaser plaintiffs’ counsel, but also was instrumental in aligning the efforts of the indirect-purchaser team with those of the direct-purchaser and direct action plaintiffs. Ms. Zahid’s professional relationships with antitrust counsel made through her local and national bar association activities foster an ability to work cooperatively with both co-counsel and opposing counsel. Ms. Zahid has also developed professional relationships in the local and national bars through her active participation in Women in Law Empowerment Forum (WILEF), where she serves on the National and West Coast Boards. Ms. Zahid is well qualified to perform the role of Liaison Counsel for the Direct Purchaser Plaintiffs. IV. CONCLUSION For the foregoing reasons, Bruce L. Simon of Pearson, Simon & Warshaw, LLP, R. Alexander Saveri of Saveri & Saveri, Inc., and Joseph J. Tabacco, Jr. of Berman DeValerio respectfully request appointment as interim co-lead class counsel for DPPs, and as Plaintiffs' Steering Committee. Furthermore, they respectfully request that the Court appoint Zelle Hofmann as Liaison Counsel. Case4:13-md-02420-YGR Document101 Filed03/28/13 Page22 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 19 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 By: /s/ Robert G. Retana Robert G. Retana Bruce L. Simon Robert G. Retana PEARSON SIMON & WARSHAW, LLP 44 Montgomery St., Suite 2450 San Francisco, CA 94104 bsimon@pswlaw.com rretana@pswlaw.com Telephone: (415) 433-9000 Facsimile: (415) 433-9008 CLIFFORD H. PEARSON (Bar No. 108523) cpearson@pswlaw.com PEARSON, SIMON & WARSHAW, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, California 91403 Telephone: (818) 788-8300 Facsimile: (818) 788-8104 Counsel for the Plaintiff in Siegel v. LG Chem Ltd., et al., No. 12-5678 By: /s/ R. Alexander Saveri R. Alexander Saveri Guido Saveri R. Alexander Saveri SAVERI & SAVERI, INC. 706 Sansome St. San Francisco, CA 94111 guido@saveri.com rick@saveri.com Telephone: (415) 217-6810 Facsimile: (415) 217-6813 Counsel for the Plaintiffs in Carte v. Samsung SDI Co. Ltd., et al., No. 12-5268, Gray v. Samsung SDI Co., Ltd., et al., No. 12-5274, Nelson v. Samsung SDI Co., Ltd., et al., No. 12-5516, Ritz Camera & Image, LLC v. Samsung SDI Co., Ltd., et al., No. 13-00213, Walner v. Samsung SDI Co., Ltd., et al., No. 13-1298 and Wilson v. Samsung SDI Co., Ltd., et al., No. 12-6210 By: /s/ Joseph J. Tabacco Joseph J. Tabacco Joseph J. Tabacco, Jr. Todd Anthony Seaver BERMAN DEVALERIO One California St., Suite 900 San Francisco, CA 94111 Telephone: (415) 433-3200 Facsimile: (415) 433-6382 jtabacco@bermandevalerio.com tseaver@bermandevalerio.com Counsel for the Plaintiff in Univision-Crimson Holding, Inc. v. Samsung SDI Co., Ltd. et al., No. 12-5682 By: /s/ Judith A. Zahid Judith A. Zahid Francis O. Scarpulla Judith A. Zahid ZELLE HOFMANN VOELBEL & MASON LLP 44 Montgomery Street Suite 3400 San Francisco, CA 94104 Telephone: (415) 633-1929 Fax: (415) 693-0770 fscarpulla@zelle.com jzahid@zelle.com Counsel for the Plaintiff in The Stereo Shop v. LG Chem, Ltd., et al., No. 13-0785 Case4:13-md-02420-YGR Document101 Filed03/28/13 Page23 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 20 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Douglas A. Millen Michael J. Freed FREED KANNER LONDON & MILLEN LLC 2201 Waukegan Road, Suite 130 Bannockburn, IL 60015 dmillen@fklmlaw.com mfreed@fklmlaw.com Telephone: (224) 632-4500 Facsimile: (224) 632-4521 Counsel for the Plaintiffs in Nelson v. Samsung SDI Co., Ltd., et al., No. 12-5516 and Gray v. Samsung SDI Co., Ltd., et al., No. 12-5274 Steven Gubner EZRA BRUTZKUS GUBNER LLP 21650 Oxnard Street, Suite 500 Woodland Hills, CA 91367 sgubner@ebg-law.com Telephone: (818) 827-9000 Facsimile: (818) 827-9090 Counsel for the Plaintiff in Siegel v. LG Chem Ltd., et al., No. 12-5678 Terry Gross Adam C. Belsky GROSS BELSKY ALONSO LLP One Sansome Street Suite 3670 San Francisco, CA 94104 terry@gba-law.com adam@gba-law.com Telephone: (415) 554-0200 Facsimile: (415) 544-0201 Counsel for the Plaintiff in Wilson v. Samsung SDI Co., Ltd., et al., No. 12-6210 Douglas G. Thompson FINKELSTEIN THOMPSON LLP James Place 1077 30 th Street, N.W. Suite 150 Washington, D.C. 20007 dthompson@finkelsteinthompson.com Telephone: (202) 337-8000 Facsimile: (202) 337-8090 Counsel for the Plaintiff in O’Neil v. Hitachi Ltd., et al., No. 12-5532 Susan G. Kupfer Joseph M. Barton GLANCY BINKOW & GOLDBERG LLP One Embarcadero Center, Suite 760 San Francisco, CA 94111 skupfer@glancylaw.com jbarton@glancylaw.com Tel: (415) 972-8160 Fax: (415) 972-8166 Lee Albert GLANCY BINKOW & GOLDBERG LLP 122 East 42 nd Street Suite 2920 New York, NY 10168 lalbert@glancylaw.com Tel: (212) 682-5340 Counsel for the Plaintiff in Carte v. Samsung SDI Co., Ltd, et al., No. 12-5268 Kendall S. Zylstra Steve Connolly FARUQI & FARUQI, LLP 101 Greenwood Avenue, Suite 600 Jenkintown, Pennsylvania 19046 Telephone: (215) 277-5770 kzylstra@faruqilaw.com sconnolly@faruqilaw.com Counsel for Plaintiffs in Smith v. Panasonic Corporation of North America, et al., No. 13- 0793 Case4:13-md-02420-YGR Document101 Filed03/28/13 Page24 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 21 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Gerald J. Rodos Jeffrey B. Gittleman BARRACK, RODOS & BACINE 3300 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 grodos@barrack.com jgittleman@barrack.com Telephone: (215) 963-0600 Facsimile: (215) 963-0838 Counsel for the Plaintiff in First Choice Marketing, Inc. v. LG Chem America, Inc. et al, No. 13-0797 W. Joseph Bruckner Heidi M. Silton LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Ave. South, Ste. 2200 Minneapolis, MN 55401 wjbruckner@locklaw.com hmsilton@locklaw.com Telephone: (612) 339-6900 Facsimile: (612) 339-0981 Counsel for the Plaintiffs in Automation Engineering,LLC and Edward Klugman v. LG Chem, Ltd., et al., No. 13-0426 Eugene A. Spector William G. Caldes SPECTOR ROSEMAN KODROFF & WILLIS, P.C. 1818 Market Street – Suite 2500 Philadelphia, PA 19103 Tel.: (215) 496-0300 Fax: (215) 496-6611 Email: espector@srkw-law.com bcaldes@srkw-law.com Counsel for the Plaintiff in Ruan v. LG Chem, Ltd., et al., No. 13-0800 Elizabeth C. Pritzker PRITZKER LAW 633 Battery Street Suite 110 San Francisco, CA 94111 ecp@pritzker-law.com Telephone: (415) 692-07722 Facsimile: (415) 366-6110 Counsel for the Plaintiff in Ranola v. Hitachi Ltd., et al., No. 12-6422 Allan Steyer Gabriel D. Zeldin STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH, LLP One California Street, Third Floor San Francisco, CA 94111 Telephone: 415-421-3400 Facsimile: 415-421-2234 asteyer@steyerlaw.com gzeldin@steyerlaw.com Counsel for Plaintiffs in Automation Engineering,LLC and Edward Klugman v. LG Chem, Ltd., et al., No. 13-cv-0426 Garrett Blanchfield Mark Reinhardt REINHARDT WENDORF & BLANCHFIELD E-1250 First National Bank Building 332 Minnesota Street St. Paul, MN 55101 T: 651-287-2100 F: 651-287-2103 Counsel for the Plaintiff in Meier v. LG Chem America, Inc., et al., No. 13-0796 Case4:13-md-02420-YGR Document101 Filed03/28/13 Page25 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 22 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Hollis L. Salzman Bernard Persky ROBINS, KAPLAN, MILLER, & CIRESI LLP 601 Lexington Ave., Suite 3400 New York, NY 10022 Telephone: (212) 980-7400 Facsimile: (212) 980-7499 hsalzman@rkmc.com bpersky@rkmc.com Counsel for the Plaintiff in Clark v. LG Chem America, Inc., et al., No. 13-cv-0570 Reginald Terrell THE TERRELL LAW GROUP Post Office Box 13315, PMB #148 Oakland, CA 94661 Telephone: 510-237-9700 Facsimile: 510-237-4616 Sidney Jay Hall LAW OFFICES OF SYDNEY JAY HALL 1308 Old Bayshore Highway, #220 Burlingame, CA 94010 Telephone: 650-342-1830 Facsimile: 650-342-6344 Counsel for the Plaintiff in Thrower v. Samsung SDI Co., Ltd., et al., No. 13-cv-0366 Robert J. Bonsignore BONSIGNORE AND BREWER 193 Plummer Hill Road Belmont, NH 03220 rbonsignore@class-actions.us (781) 856-7650 (Mobile) Richard Kirchner BONSIGNORE AND BREWER 23 Forest Street Medford, MA 02155 rkirchner@class-actions.us (781) 350-0000 Counsel for the Plaintiff in Gray v. Samsung SDI Co., Ltd, et al.; 12-5274 and Ritz Camera & Image, LLC v. Samsung SDI Co., Ltd., et al., No. 13-0213 P. John Brady Daniel D. Owen POLSINELLI SHUGHART PC 120 W. 12 th Street Kansas City, MO 64105 jbrady@polsinelli.com dowen@polsinelli.com Telephone: (816) 421-3355 Facsimile: (816) 374-0509 Counsel for the Plaintiffs in Automation Engineering,LLC and Edward Klugman v. LG Chem, Ltd., et al., No. 13-0426 Steven A. Asher Mindee J. Reuben WEINSTEIN KITCHENOFF & ASHER LLC 1845 Walnut Street, Suite 1100 Philadelphia, PA 19103 Telephone: 215-545-7200 Fax: 215-545-7200 asher@wka-law.com reuben@wka-law.com Counsel for the Plaintiff in Meir v. LG Chem America et al., 13-0790 Gary L. Specks KAPLAN FOX & KILSHEIMER LLP 423 Sumac Road Highland Park, IL 60035 Telephone: (847) 831-1585 Facsimile: (847) 831-1580 E-Mail: gspecks@kaplanfox.com Counsel for the Plaintiff in Walner v. Samsung SDI Co., Ltd., et al., No. 13-1298 Case4:13-md-02420-YGR Document101 Filed03/28/13 Page26 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 23 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 Linda P. Nussbaum GRANT & EISENHOFER PA 485 Lexington Avenue 29th Floor New York, NY 10017 Telephone: (646) 722-8504 Facsimile: (646) 722-8501 E-Mail: lnussbaum@gelaw.com Counsel for the Plaintiff in Criden v. Panasonic Corporation of North America, No. 13-0786 James E. Cecchi Lindsey H. Taylor CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C. 5 Becker Farm Road Roseland, New Jersey 07068-1739 Telephone: (973) 994-1700 Facsimile: (973) 994-1744 jcecchi@carellabyrne.com ltaylor@carellabyrne.com Counsel for the Plaintiffs in Raimondo v. Panasonic Corporation of North America, No. 13-0791 and Lisitsa v. Panasonic Corporation of North America, No. 13-0789 Vincent J. Esades, Esq. HEINS MILLS & OLSON, P.L.C. 310 Clifton Avenue Minneapolis, MN 55403 Telephone: (612) 338-4605 Facsimile: (612) 338-4692 E-Mail: vesades@heinsmills.com Counsel for the Plaintiff in Shannon v. LG Chem, Ltd., No. 13-0794 Daniel E. Gustafson Jason S. Kilene GUSTAFSON GLUEK PLLC 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 dgustafson@gustafsongluek.com jkilene@gustafsongluek.com Dianne Nast Erin Burns NASTLAW LLC 1101 Market Street Philadelphia, PA 19107 Telephone: (215) 923-9300 Facsimile: (717) 892-1200 dnast@nastlaw.com eburns@nastlaw.com Dennis Stewart HULETT HARPER STEWART LLP 225 Broadway, Suite 1350 San Diego, CA 92101 Telephone: (619) 338-1133 Facsimile: (619) 338-1139 dstewart@hulettharper.com Counsel for the Plaintiff in The Stereo Shop v. LG Chem, Ltd., et al., No. 13-0785 Case4:13-md-02420-YGR Document101 Filed03/28/13 Page27 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 854235.1 24 13-md-2420-YGR APPLICATION FOR APPOINTMENT OF PEARSON, SIMON & WARSHAW, LLP, SAVERI & SAVERI, INC., AND BERMAN DEVALERIO AS INTERIM CO-LEAD COUNSEL FOR DPPS P E A R S O N , S I M O N & W A R S H A W , L L P 4 4 M O N T G O M E R Y S T R E E T , S U I T E 2 4 5 0 S A N F R A N C I S C O , C A L I F O R N I A 9 4 1 0 4 E-Filing Attestation I, Bruce L. Simon, am the ECF User whose ID and password are being used to file this document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that all above-listed counsel have concurred in this filing. /s/ Bruce L. Simon Bruce L. Simon Case4:13-md-02420-YGR Document101 Filed03/28/13 Page28 of 28