Joint Declaration of Lynn L. Sarko and Marc I ... - Cohen Milstein

Lynn L. Sarko and Marc I. Machiz declare pursuant to the penalties of perjury pursuant
to 28 U.S.C. § 1746 as follows:
I. INTRODUCTION
1. Lynn L. Sarko is the Managing Partner of Keller Rohrback L.L.P., and head of
the firm’s Complex Litigation group. Marc I. Machiz is a Partner of Cohen Milstein Sellers &
Toll PLLC. They were appointed on March 12, 2008 by the Court as Co-Lead Counsel for the
Plaintiffs, have been personally involved in the litigation of this matter, and are responsible for
the prosecution of this action.
2. We submit this declaration in support of the Plaintiffs’: (a) Motion for Final
Approval of Class Action Settlement and Plan of Allocation; and (b) Motion for Award of
Attorneys’ Fees, Expenses, and Case Contribution Awards. The Parties’ [Proposed] Order and
Final Judgment is submitted herewith.
3. Under the Stipulation and Agreement of Settlement ERISA Action (“Settlement
Stip.” or “Stipulation” or “Stip.”) (Dkt. No. 92), a copy of which is submitted as Exhibit 1 to the
[Proposed] Order and Final Judgment 1
a Settlement Fund of $75 million has been established.
The Settlement Fund is invested in interest-bearing instruments. The Settlement represents an
excellent result which will provide significant benefits to the Settlement Class, while removing
the risk and delay associated with further litigation.
4. As directed by the Court in its Order Preliminarily Approving Settlement,
Preliminarily Certifying Settlement Class, Approving Notice Plan, and Setting Fairness Hearing
Date (the “Preliminary Approval Order”) (Dkt. No. 91), Named Plaintiffs have provided notice
to Class members. Notice has resulted in only one objection to date, from David A. Cross, to a
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All capitalized terms not otherwise defined in this Joint Declaration have the same meaning
given them in the Settlement Stipulation.
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