EXHIBIT 60 - LCD Class Action

Case3:07-md-01827-SI Document6640 Filed09/07/12 Page1 of 9 

EXHIBIT 60

1. 

2 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

74 

15 

1,6 

17 

18 

79 

20 

21. 

22 

LJ 

24 

25 

26 

27 

28 


Chief Nnamdi A. Ekenna, SBN: 170392 

THE EKENNA LAW FIRM' aPc' 

32679 Calabasas Road, PMB 1077 

Calabasas, CA. 91 302-1502 

Tel: {323} 954-1000; Fax: {323\ 954-1001 

e-mail : TheEkennalawFirm@aol'com 

Cl ouns e I .for. Indir e ct - P ur chas er P I aint ffi 

IN RE TFT-LCD (FLAT PANEL) 

ANTITRUST LITIGATION 

This Document Relates to: 

All Indirect Purchaser Actions 

I, ehief Nnamdi A. Ekenna, declare as follows: 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

Case No. 3:07-md-1827 SI 

CLASS ACTION 

DECLARATION OF CHIEF NNAMDI A. 

EKENNA IN SUPPORT OF PLAINTIFFS' 

APPLICATION FOR ATTORNEYS' FEES' 

EXPENSES AND INCENTIVE AWARDS 

Judse: Honorable Susan Illstor-t 

l. I am an attorney licensed to practice before the courts of IINITED STATES 

DISTRICT COURT, and an OWNER of THE EKENNA LAW FIRM, apc. I have personal 

knowledge of the facts stated in this declaration and, if called as a witness, I could and would 

testify competently to them. I make this declaration in support of our firm's request for attorneys' 

fees, as set forth in Plaintiffs' Application for Attorneys' Fees, and Incentive Awards. 

2. Our firm is counsel of record in this case, and represent(s) narnedplaintiff(s) 

Wendy Williams, et al. in the original case number CV-07-1283-ABC (FMDx). 

description of, our firm is attached as Exhibit 1 and incorporated herein by reference. 

A brief 

3. ,I have'reviewed the requirements of the Court's Pretrial Order No. l, U12(f), and 

pretrial Order No. 3, flIl(a). In accordance with those orders, our firm kept files contemporaneous- 

PPCI-NNETION OF CHTEP NNAMDI A. EKENNA IN SUPPORT OF PLAINTIFFS' 

APPLICATIONFoRATTORNEYS'FEESANDINCENTIVEAWARDS 

MDI i'07-md-lR77 SI

7 

2 

J 

4 

5 

6 

7 

8 

9 

10 

77 

12 

13 

74 

15 

1.6 

17 

18 

19 

20 

21. 

22 

ZJ 

24 

25 

26 

27 

28 

ly documenting time spent, including tasks performed, and expenses incurred' and have 

transmitted those reports to Liaison Counsel. All of the time and expenses repofted by our firm 

were incurred in relation to the benefit of the Indirect-Purchaser Plaintiffs (lPPs) case. 

4. During the course of this litigation, our firm have been involved in the following tasks and 

activities on behalf of the IPPs: 

number CV-07- I 283-ABC (FMDx); 

case - among others. No work was specifically assigned to our firm by co-lead counsel. 

5. The schedule attached as Exhibit 2, and incorporated herein, is a detailed summary 

of the amount of time spent by our firm's partners, attorneys and professional support staff who 

were involved in this litigation. It does not include any time devoted to preparing this declaration 

or otherwise pertaining to the Joint Fee Petition. The lodestar calculation is based on our tlrm's 

historical billing rates in effect at the time services were performed. Exhibit 2 was prepared fiorn 

recollections from contemporaneous time records regularly prepared and maintained by ottr firm. 

Those records have been provided to Co-Lead Counsel and Liaison Counsel, and I authorize thent 

to be submitted for inspection by the Court, if necessary. The hourly rates for our firm's partners. 

attorneys, and professional support staff, included in Exhibit 2 were, at the tirne the work was 

performed, the usual and customary hourly rates charged for their services in sin'rilar complex 

litigation. 


6. The total number of hours reasonably expended onthis litigation by our f'rrm fi'on-r 

inception to April, 201,2 is 416.5 hours. The total lodestar for our firm at historical rates is 

'The 

$16g,362.50. to'tal lodestar for our firm at current rates is 5202,512.50. Expense items are 

billed separately and are not duplicated in my firm's lodestar. 

OPCT-ENETION OF CHIEF NNAMDI A. EKENNA IN SUPPORT OF PLAINTIFFS' 

APPLICATIONFoRATTORNEYS'FEESANDINCENTIVEAWARDS 

MDL 3:07-md-1827 SI

1. 

2 

J 

4 

5 

6 

7 

8 

9 

L0 

11 

12 

13 

1.4 

15 

16 

17 

18 

19 

20 

21, 

22 

23 

24 

25 

26 

27 

28 


I declare under PenaltYof 

perjury underthe 

laws of the United States and the State of 

California that the foregoing is true and correct. Executed this 17th Day of August, 2012, in Los 

Angeles, California. 

?l' 

Chief Niramdi A. Ekenna 

THE EKENNA LAW FIRM, aPc. 

PECT,ENEUON OF CHIEF NNAMDI A. EKENNA IN SUPPORT OF PLAINTIFFS' 

APPLICATION FOR ATTORNEYS' FEES AND INCENTIVE AWARDS 

MDL 3:07-md-1827 Sl


trXHIBIT 1 

BRIEF DESCzuPTION OF OUR FIRM 

EXHIBIT I. 

SI

-reL: (=z=) 9s+-aooa 

Fax: GZ=) 

-95+-LaoL 

e-waL} l!.:r:.1.:.i,iluil..:t,.hl:tt:lt.il!-!'lr,tl.'gtlit.t 

eAip[ JvnundiL. tfrsme 

Adhi,tte d t^ c'tL:L{ tr hLq, 

Dktr'tci of c o|xwbLa , Niê(l^ €i the 

su+re%e c c".fr a{ t he \'LLieC 'staie3 

c{r i s irli*nn$1w sLceltj 

"rywathuftw'lDaSnar@ 

a{f tt. | ^ r ri t et t"o I aleq? t 

tw AssDcLatLaw wLih: 

knn$rLe.A4ah 

Atlnt .eC tr" rte/. Yt,L-. 

lLoefta t]iê srl'ftlr'.e a'ar\tr li | ê 

^îied,state.,. 

ej*ft {cru1s.g.4u6a-sttL 

AJAH & ASSOCIATES, P.C. 

9 o-24 S^Fhi.w Eiaqt'av aY d, 

2^4. FlocY 

)aw.aLca, 

N.Y. .1r4:J5 

(1.19) 5.5q-5656 

Anfuau 0.5t.On4*aru 

Pri^cilaL.Soiaci.t.l 

Adv^lited. tv. tê 4.< , r:ltetL4. 

gt

principof partner in representing Children with speciol needs in getting FAPE); ond (Porole 

Def enseAdvococy qs o controct Attorney with the calif ornio Porole Advococy Progrom {calPAP} 

- providing representation on on rndependent controct Attorney bosis to Porolees facing Porole 

Revocqtion Proceedings bef ore the calif ornio Boord of Parole Heorings). 

Fducittion 

. 

. Nigeria Law School, Lagos 

Principol Portner: 

Chief Nnomdi A. Ekenno- 

. B.L. (Hons.), Advanced Laqal Studies - t983-1984 

. University of Nigeria 

. LL.B (Hons.), Low - 1979-t983 

Groups anci Asscciati*ns fhr*ugh the Linkedln Pralessi


E,XHIBIT 2 

DETAILED SUMMARY OF AMOUNT OF TIME SPENT IN THIS LITIGATION 

EXHIBIT 2 

SI

eSeggs $ 

Case3:07-md-01827-SI Document6640-1 Filed09/07/12 Page1 of 2 

EXHIBIT 61


LAW OFFICES OF LAWRENCE D. NWAJEI 

NO DECLARATION SUBMITTED



Case3:07-md-01827-SI Document6640-2 Filed09/07/12 Page2 of 9






































Class Action Litigation 

Securities Litigation 

Antitrust Litigation 

ERISA Litigation 

Consumer Litigation 

Trials and Appeals 

Product Liability and Tort Law Litigation 

Securities Arbitration 

Martindale-Hubble AV Rated 

Our Firm 


Emerson Poynter LLP Little Rock 

Attorneys at Law Houston 

Emerson Poynter LLP has a national class action legal practice with offices in Houston, 

Texas, and Little Rock, Arkansas. 

Emerson Poynter, and its team of experienced Attorneys and Paralegals, handles complex 

commercial litigation with a concentration in those cases that involve violations of federal and 

state securities or antitrust laws, consumer protection laws, and violations of the Employee 

Retirement Income Security Act of 1974 (“ERISA”). Our law firm has handled numerous 

securities and shareholder derivative cases representing investors. Emerson Poynter and its 

predecessor firms have also been active in many mass tort, class action, and individual cases of 

note. In the class action litigation area, Emerson Poynter has represented and currently 

represents plaintiffs in well over 100 class action cases, some of which are being prosecuted with 

other leading national firms. 

Emerson Poynter has served as Co-Lead Counsel in several recent Multidistrict Litigation 

(“MDL”) cases involving product liability and consumer protection issues. In 2004, Emerson 

Poynter was appointed by the Honorable Stephen P. Friot as Plaintiffs’ Co-Lead Counsel in In re 

Farmers Insurance Co., Inc. FCRA Litigation, which was recently settled in the Western District 

of Oklahoma. This case was litigated on behalf of a certified class of Farmers’ current and past 

customers who were charged more than the lowest premium for insurance based upon 

information in a consumer report, and received certain “adverse action” notices that willfully


failed to conform to the Fair Credit Reporting Act. The case resolved in late 2011 and provided 

class members with about $100 million in cash and other relief. Emerson Poynter LLP also 

represent numerous long-grain rice farmers in Arkansas and other states, and continues to serve 

as Co-Chairman of Plaintiffs’ Executive Committee in the MDL action In re Genetically 

Modified Rice Litigation (the “Rice MDL Action”) having been appointed to such position by the 

Honorable Catherine D. Perry of the Eastern District of Missouri in April 2007. The Rice MDL 

Action sought damages for long-grain rice producers in Arkansas, Missouri, Mississippi, 

Louisiana, and Texas for defendants’ contamination of the United States’ rice supply with 

genetically modified rice as revealed by Bayer and the USDA in August 2006. This MDL action 

was settled for over $750 million in cash relief for American rice farmers. Emerson Poynter 

additionally served as Co-Lead Plaintiffs’ Counsel in an MDL case transferred to the Honorable 

Richard D. Bennett of the District of Maryland captioned In Re; Tyson Foods, Inc. Chicken 

Raised Without Antibiotics Consumer Litigation. The case involved false advertising claims 

associated with the sale of Tyson Foods’ chicken as being raised without antibiotics, when in fact 

the chicken was raised with antibiotics. The action was settled for $5 million in cash and other 

relief for class members who purchased the chicken products at issue. 

Emerson Poynter is also active in cases seeking to improve corporate governance in 

public companies through its involvement in shareholder derivative litigation. Most notably, 

Emerson Poynter served as Co-Lead Counsel in cases resulting in significant and far-reaching 

corporate governance and compliance improvements within companies such as AOL/Time 

Warner, Computer Associates, Nicor, Cryolife, Inc., and Crompton (Chemtura). The Firm has 

also represented shareholders in claims involving corporate buyouts and other change-of-control 

transactions. In 2007, Emerson Poynter represented shareholders of Alltel Corporation in an 

acquisition of the company by an affiliate of Goldman Sachs. The action was settled favorably 

for the shareholders, and the Honorable Judge Chris Piazza of the Pulaski County Circuit Court, 

Arkansas, approved the settlement in August of 2008. 

In the consumer protection litigation area, Emerson Poynter is a leader in fighting for the 

rights of consumers. Besides the aforementioned Tyson RWA Chicken MDL Action, Emerson 

Poynter is also a leader in the MDL action captioned In Re; Bisphenol-A (BPA) Polycarbonate 

Plastic Products Liability Litigation pending in the United States District Court for the Western 

District of Missouri. Emerson Poynter is Co-Lead Counsel in the Webb et al. v. Carters Inc. et 

al. litigation currently pending in the United States District Court for the Central District of 

California concerning Carter’s line of tagless baby clothing; in the Montanez et al. v. Gerber 

Childrenswear, Inc., et al. litigation currently pending in the United States District Court for the 

Central District of California concerning Gerber’s line of tagless baby clothing; in the Horne et 

2


al. v. The Dannon Company Inc. litigation currently pending in the United States District Court 

for the Eastern District of Arkansas concerning Dannon’s line of yogurt products; and, in the 

Herrington, et al. v. Johnson and Johnson Consumer Companies, Inc. et al. litigation currently 

pending in the United States District Court for the Northern District of California concerning 

numerous baby products. 

In the retirement plan/pension area, Emerson Poynter served as Co-Lead Counsel in the 

Winn-Dixie Stores, Inc. ERISA Litigation that settled in the Middle District of Florida in 2008, 

and served as Co-Lead Counsel in the ADC Telecommunications ERISA litigation that settled in 

the District of Minnesota in 2006. Emerson Poynter served on the Enron ERISA Litigation 

Plaintiffs’ Counsel Steering Committee. This case settled in the United States District Court, 

Southern District of Texas, Houston Division in 2005. 

Our Attorneys 

John G. Emerson Partner 

Mr. Emerson is a founding partner of the Firm. He was born in 

Little Rock, Arkansas, and was raised there and in Houston, Texas. He is a 

member of the state bars of Texas, Washington and Arkansas. Mr. 

Emerson obtained his Bachelor of Arts from the University of Texas at 

Austin. He then earned his Juris Doctorate from South Texas College of 

Law. 

Mr. Emerson has represented numerous stockholders in shareholder derivative lawsuits 

brought against corporate boards. These suits sought to impose corporate governance reforms 

aimed at protecting shareholders and eliminating corporate waste and abuse. For example, Mr. 

Emerson served as one of the Lead Derivative Counsel in the Federman v. Artz derivative action 

brought on behalf of Computer Associates in the Federal District Court for the Eastern District of 

New York. This action was brought against the Computer Associates board of directors and led 

to the resignation of the Company's CFO, the resignation of two other senior financial officers, 

and the adoption of certain corporate governance measures that Computer Associates has 

represented as the "gold standard" of governance reform. Mr. Emerson was Co-Lead Counsel in 

the In Re Nicor, Inc. Shareholder Derivative Litigation in the Circuit Court of Cook County, 

3


Illinois County Department, Chancery Division. This action was brought against Nicor's board of 

directors and its settlement resulted in significant corporate governance improvements at Nicor. 

In 2005, Mr. Emerson was Co-Lead Counsel in the In Re Cryolife Derivative Litigation pending 

in the Superior Court of Fulton County, Georgia. The settlement of this action in 2005 resulted in 

wide-sweeping and significant corporate governance improvements at Cryolife. Mr. Emerson 

was also Co-Lead Counsel in the AOL Time Warner Shareholder Derivative Litigation which 

was settled in the Federal District Court for the Southern District of New York in 2006. This 

settlement resulted in wide ranging corporate governance and compliance changes and was a 

substantial factor in Time Warner’s ability to obtain $200 million from its Directors and Officers 

(D&O) insurance carriers. Mr. Emerson was Lead Counsel in the Crompton (now known as 

Chemtura) Shareholder Derivative Litigation which settled in the Bankruptcy Court for the 

Southern District of New York in 2009. This settlement resulted in significant corporate 

governance improvements that were put in place during bankruptcy and continued after the 

Company’s reorganization and exit from bankruptcy in 2010. 

In the tort area, Mr. Emerson, has represented plaintiffs against many of the country’s 

largest Fortune 500 companies. He was a co-lead counsel in mass tort litigation in which he 

represented numerous plaintiffs who had been diagnosed with radiogenic cancers alleged to have 

been caused by exposure to radioactive materials associated with the mining and milling of 

uranium and the disposal and supposed storage of radioactive wastes and toxic chemicals. These 

cases involved the operations of Exxon, Conoco, U.S. Steel, Chevron, and others. These mass 

tort cases were settled under a confidential agreement. Mr. Emerson currently serves as 

Chairman of the Expert Witness Committee in the MDL Action In Re Bisphenol-A (BPA) 

Polycarbonate Plastic Products Liability Litigation on file in the United States District Court for 

the Western District of Missouri. Mr. Emerson has extensive jury trial experience over the past 

30 years. 

In the consumer class action area, Mr. Emerson represented one of the Lead Plaintiffs in 

the AOL Version 5.0 software litigation. He also served as Co-Lead Counsel in litigation for 

consumers against the Farmers Insurance Group of Companies involving alleged violations of 

the Fair Credit Reporting Act. 

In the antitrust area, Mr. Emerson has represented plaintiffs in the Compact Disc 

Antitrust Litigation filed against the music industry in the United States, and has represented 

plaintiffs in the High Pressure Laminates Antitrust Litigation in both the direct and indirect 

purchaser cases. Currently, Mr. Emerson is involved in the following Antitrust cases: CRT 

(Cathode Ray Tube) Antitrust Litigation; Flash Memory Antitrust Litigation; GPU (Graphics 

Processing Units) Antitrust Litigation; Packaged Ice Antitrust Litigation; Ocean Shipping 

4


Antitrust Litigation; SRAM (Static Random Access Memory) Antitrust Litigation; TFT-LCD 

(Flat Panel) Antitrust Litigation; and Trans-Pacific Airline Surcharge Litigation. 

Mr. Emerson was also a consultant to Canadian plaintiffs’ counsel in the Canadian 

Medtronic Pacemaker Pacing Lead Product Liability Litigation that was certified and settled in 

British Columbia as a Canadian national class action. He has also been a consultant to Canadian 

counsel in the Canadian compact disc antitrust litigation, the Canadian Publishers Clearing 

House litigation, and the Canadian AOL 5.0 Software Litigation, which were of course 

companion cases to those discussed above. 

Mr. Emerson is committed to representing employees or former employees who 

participated in their public company’s retirement plans and sustained significant losses in these 

plans due to corporate malfeasance. In this regard, he was appointed to the Plaintiffs’ Counsel 

Steering Committee by Judge Melinda Harmon in the consolidated Enron ERISA Litigation, 

Pamela M. Tittle v. Enron Corp., et al. 

Mr. Emerson was admitted to the Texas Bar in 1980. He is admitted to practice 

before the U.S. Supreme Court; U.S. Court of Appeals, 5th Circuit; U.S. Court of Appeals, 8 th 

Circuit; U.S. District Courts for the Southern, Northern, Western and Eastern Districts of Texas; 

Western and Eastern Districts of Arkansas; Western District of Washington; District of Colorado; 

and all Texas, Washington and Arkansas state courts. 

Mr. Emerson was affiliated with the fraternity Delta Theta Phi. He is a member of the 

American Bar Association (Tort and Insurance Practice Section, Legal Economics Section); 

American Association for Justice (AAJ); Supporting Fellow of the Pound Civil Justice Institute; 

Class Action Trial Lawyers (CATL); AAJ Class Action Litigation Group; Texas Trial Lawyers 

Association; State Bar of Texas (Grievance Committee 4-D, Houston, 7/91 through 7/94; 

Membership Services Committee, 91-92); Sustaining Life Fellow Texas Bar Foundation; Bar 

Association for the United States District Court for the Eastern District of Texas; Houston Bar 

Association; Fellow of the Houston Bar Foundation; Washington State Bar; King County Bar 

Association; Pulaski County Bar Association; and, the Arkansas Bar Association. 

Mr. Emerson is “AV Preeminent” Rated by Martindale-Hubbel. 

Mr. Emerson’s email address is jemerson@emersonpoynter.com. 

5


Scott E. Poynter Partner 

Mr. Scott Poynter is also a founding partner of the Firm. He was 

born in Fayetteville, Arkansas and was raised in Mountain Home. Mr. 

Poynter earned his Bachelor of Science Degree in Accounting from 

Arkansas Tech University. He then earned his Juris Doctorate from the 

University of Arkansas in 1989. While in law school, Mr. Poynter was 

active in Phi Alpha Delta legal fraternity and was awarded a leadership 

scholarship from the school. After completing law school, Mr. Poynter 

joined the Judge Advocate Department of the United States Air Force and 

served six years of active duty as a Judge Advocate and litigated more than fifty jury trials. In 

1995, then Captain Poynter was selected by the Air Force for its Advanced Trial Advocacy 

Course, a course reserved for the military’s finest litigators. After leaving active duty, Mr. 

Poynter was a partner at a national class action law firm, which focused its work on the 

representation of investors. He also continued his military career in the Arkansas Air National 

Guard and attained the rank of Major. 

As Plaintiffs’ Co-Lead Counsel in the Farmers MDL Action, Mr. Poynter was devoted to 

recovering statutory damages in a certified class action brought on behalf of Farmers’ customers 

who paid higher insurance premiums based upon credit information without their knowledge due 

to faulty FCRA notices prepared by Farmers. As a result of his and his co-counsel’s effort, they 

secured a $100 million settlement on behalf of class members last fall. In another MDL action, 

In Re Genetically Modified Rice Litigation, Mr. Poynter serves as Co-Chair of Plaintiffs’ 

Executive Committee on behalf of long-grain rice farmers who experienced a deflated rice 

market after America’s rice supply was contaminated by Bayer’s genetically modified rice in 

2006 and markets in Europe and Asia were lost. A $750 million cash settlement was achieved 

last year, and Mr. Poynter continues to work on behalf of his clients in securing their cash relief. 

Mr. Poynter also served as Co-Lead Plaintiffs’ Counsel in the Tyson RWA Chicken MDL Action 

before Judge Bennett in the District of Maryland, which provided class members over $5 million 

in relief. Additionally, he served as class counsel in multiple consumer actions against Alltel, 

and thus far, has secured over $60 million of relief former Alltel subscribers who were members 

of certain consumer classes. 

6


Mr. Poynter is also an experienced ERISA litigator, having served as Co-Lead Plaintiffs’ 

Counsel for retirement plan participants involving retirement plans at ADC Telecommunications, 

Inc. and Winn Dixie Stores, Inc. Due to Mr. Poynter’s efforts, millions of dollars were 

recovered in those retirement plans in settlements approved by judges in the District of 

Minnesota in 2006 and the Middle District of Florida in 2008. Mr. Poynter was also 

instrumentally involved in ERISA Actions involving Enron, Reliant Energy, and he also 

represented numerous Goodyear Tire & Rubber Company employees in an ERISA action 

brought in Ohio. 

As an active participant in the representation of investors whose shares are acquired 

through leveraged buyouts, mergers, tender offers, and other “change of control” transactions, 

Mr. Poynter has challenged the fairness of such transactions, the adequacy of disclosures made in 

connection with the transactions, and the price offered to shareholders for their equity. These 

types of cases have resulted in the restructuring of scores of corporate transactions and the 

recovery of hundreds of millions of dollars in additional compensation for shareholders. Most 

recently, Mr. Poynter was a lead counsel in such litigation and represented Alltel shareholders in 

a case assigned to Pulaski Circuit Judge Chris Piazza. In re Alltel Corp. Shareholders Litigation, 

Circuit Court of Pulaski County, Arkansas, Case No. 07-6406. This case was settled in late 

August 2008. 

Mr. Poynter also devotes a significant amount of his law practice to representing 

investors seeking financial recovery for losses suffered as a result of securities fraud. 

Additionally, Mr. Poynter has represented stockholders in shareholder derivative lawsuits 

brought against corporate boards, seeking to impose corporate governance reforms aimed at 

protecting shareholders and eliminating corporate waste and abuse. For example, Mr. Poynter 

served as one of the counsel in Perkins v. Sortwell, et al., brought on behalf of Aurora Foods, 

Inc. In this derivative action, certain corporate insiders were forced to relinquish more than 3.6 

million of their personal shares to Aurora Foods representing nearly a $15 million benefit to the 

Company. Additionally, significant corporate governance safeguards were implemented to 

significantly reduce the risk of accounting malfeasance. Mr. Poynter’s experience in this action 

contributed significantly to the settlement achieved in a derivative action brought on behalf of 

Computer Associates, which led to the resignation of the Company’s CFO and two other senior 

financial officers. Moreover, Mr. Poynter was one of the lead counsel in derivative litigation in 

Georgia involving Cryolife that led to the denial of the Cryolife’s Board of Directors’ motion to 

dismiss based upon the investigation and report of a special litigation committee. Through his 

effort in building Plaintiffs’ case in discovery, the motion to dismiss was denied very quickly and 

a favorable settlement for Cryolife and its shareholders followed. Mr. Poynter has also led other 

derivative actions involving Nicor, AOL Time Warner, and Crompton Corporation. 

7


Mr. Poynter has also been extensively involved in many telecommunications class action 

cases brought under consumer protection statutes, and appeared on the nationally syndicated 

television show The Morning Show with Mike and Juliet as an expert on the cell phone industry’s 

early termination fees. Mr. Poynter provided viewers of this show with legal information 

regarding the response of consumers to such fees, and the Federal Communications 

Commission’s recent hearings on the subject. 

Mr. Poynter is admitted to practice before: U.S. Court of Appeals for the Armed Forces; 

U.S. District Courts for the Western and Eastern Districts of Arkansas; 8 th Circuit Court of 

Appeals; and all Arkansas State Courts. 

Mr. Poynter’s e-mail address is scott@emersonpoynter.com. 

Christopher D. Jennings Associate 

Mr. Jennings is an associate with the firm. His practice concentrates 

on complex litigation and representing consumers, businesses, and 

governmental entities in individual and class action antitrust, consumer 

protection, derivative, products liability, and federal securities cases. Mr. 

Jennings has assisted in prosecuting numerous individual, mass tort, and class 

cases in state and federal courts throughout the nation. 

Currently, Mr. Jennings is assisting in litigating several antitrust cases 

including In re CRT (Cathode Ray Tube) Antitrust Litigation, MDL 1917 (N.D. Cal.); In re Flat 

Glass Antitrust Litigation (II), MDL 1942 (W.D. Pa.); In re Packaged Ice Antitrust Litigation, 

MDL 1952 (E.D. Mich.); In re Text Messaging Antitrust Litigation, MDL No. 1997 (N.D. Ill.); 

and In re TFT-LCD (Flat Panel) Antitrust Litigation, MDL 1827 (N.D. Cal.). 

Mr. Jennings is also involved in several consumer protection and products liability cases, 

including multiple telecommunications class action cases brought under various state consumer 

protection statutes. Two such class cases he has recently assisted in litigating have resulted in 

settlements where approximately $61 million in total relief was made available to class members. 

Most recently, Mr. Jennings successfully argued to the Arkansas Supreme Court the reversal of 

an order denying class certification in a case involving Alltel Communications, Inc. Rosenow v. 

Alltel Corp. et al., 2010 Ark. 26 (2010). 

8


Mr. Jennings also has experience in representing consumers and businesses in 

consolidated multidistrict litigation. For example, in In re Tyson Consumer Litigation, MDL 

1982 (D. Md. 2008), Mr. Jennings assisted in successfully arguing complex procedural and 

jurisdictional issues and developing novel discovery techniques on behalf of his clients. He has 

also worked extensively on behalf of Arkansas rice farmers in In re: Genetically Modified Rice 

Litigation, MDL 1811 (E.D. Mo. 2006), most notably where his team successfully opposed 

German holding company Bayer AG's jurisdictional challenges. In re Genetically Modified Rice 

Litigation, 576 F.Supp.2d 1063 (E.D. Mo. 2008). 

Mr. Jennings is a native of Little Rock. In 2001, Mr. Jennings obtained his Bachelor of 

Arts Degree in Political Science from the University of Arkansas with a minor in History. In 

2005, he earned a Masters in Public Administration (MPA) degree from the University of 

Arkansas. His area of emphasis while obtaining his Masters focused on state level corporate and 

non-profit lobbying strategy and development. In 2006, Mr. Jennings earned his Juris Doctorate 

from the William H. Bowen School of Law at the University of Arkansas – Little Rock. 

Mr. Jennings is admitted to practice in Arkansas state courts, the Eastern and Western 

Districts of Arkansas and the 8th Circuit Court of Appeals. He has also been admitted to practice 

in numerous federal district courts throughout the country. 

Mr. Jennings is a member of the American Bar Association, American Association for 

Justice; Arkansas Bar Association; Pulaski County Bar Association; and the Arkansas Young 

Lawyers Section. 

Mr. Jennings was recently named a Mid-South Super Lawyers Rising Star in 2010. 

Mr. Jennings’ e-mail address is cjennings@emersonpoynter.com. 

Will T. Crowder Associate 

Mr. Crowder is an associate with the firm. He was born and raised 

in Camden, Arkansas. In 2000, Mr. Crowder earned a Bachelor of Arts 

Degree in Political Science from the University of Arkansas. In 2003, Mr. 

Crowder earned his Juris Doctorate from the William H. Bowen School of 

Law at the University of Arkansas at Little Rock. Mr. Crowder is a 

member of the Arkansas Bar and admitted to the United States District Court 

for the Eastern and Western Districts of Arkansas, the District of Colorado, 

and the U.S. Court of Appeals for the Eighth Circuit. 

9

From 2004 until 2006, Mr. Crowder was a judicial clerk for U.S. District Judge Harry F. 

Barnes in El Dorado, Arkansas. Following his clerkship he has been employed by the Little 

Rock law firms of Jack, Lyon & Jones, P.A. (where he focused on defense work) and McMath 

Woods, P.A. (where he began his representation of the injured). 

During his time at Emerson Poynter, Mr. Crowder has been extensively involved in all 

manner and types of class cases, including the firms’ consumer litigation cases: 

Carrera v. Bayer Corporation, (D.N.J.), deceptive trade practices action for 

marketing of Bayer’s WeightSmart diet pill. 

Montantez v. Gerber Childrenswear, LLC (C.D. Cal) and Webb v. Carter’s, Inc. 

(C.D. Cal), cases involving tagless labels on children’s garments. 

In re: Cheerios Marketing and Sales Practices Litigation (D.N.J.), multidistrict 

litigation pending against General Mills for health and cancer-prevention claims 

made by their products. 

Mr. Crowder has also lead the firm’s efforts in litigation of cases on behalf of Arkansas’s 

citizens 

Claims against major retailers who manufacture products with dangerous levels 

of heavy metals and other chemicals; 

Claims against manufacturers of “toning shoes” on behalf of Arkansas’s citizens; 

Claims against banks relating to overdraft practices. 

Mr. Crowder is a member of the American Bar Association, American Association for 

Justice, the Arkansas Trial Lawyers Association and the Pulaski County Bar Association. 

Star. 


In 2009, 2010, and 2011, Mr. Crowder was selected as a Mid-South Super Lawyer Rising 

Mr. Crowder’s email is wcrowder@emersonpoynter.com. 

Corey D. McGaha 

Associate 

Mr. McGaha, is an associate with Emerson Poynter LLP since 

July 2011. He is admitted to practice in the state courts of Arkansas and 

Texas, the United States District Courts for the Eastern and Western 

Districts of Arkansas, and the United States District Court for the Eastern 

District of Texas. Mr. McGaha graduated cum laude from Ouachita 

10


Baptist University and received his law degree from the University of Arkansas in 2002. 

After graduating law school, Mr. McGaha served as a law clerk to the Hon. Harry F. 

Barnes, United States District Court for the Western District of Arkansas from 2002-2006. He is 

a member of the American Bar Association, the ABA’s Young Lawyers Division, the Arkansas 

Bar Association, and the Texas Bar Association. 

Mr. McGaha worked as an attorney at Patton Roberts PLLC in Texarkana, Texas from 

2006 through 2011. Mr. McGaha assisted the firm in successfully litigating and settling a 

number of security fraud cases including: 

In Re: Brocade Securities Litigation, Northern District of California - A national 

securities fraud class action which resulted in a court-approved cash settlement of 

$160 million for shareholders. 

In Re: Salomon Analyst Metromedia Litigation, Southern District of New York – 

A securities fraud class action which resulted in a court-approved cash settlement 

of $35 million for shareholders of Metromedia Fiber Network. 

Walker v. Rent-A-Center, Inc., Eastern District of Texas – A securities fraud class 

action which resulted in a court approved cash settlement of $3.6 million for the 

shareholders of Rent-A-Center, Inc. 

McClure, et al, v. AOL Time Warner, Inc., Texas state court – An individual 

securities fraud action in which clients received 100% more than they would have 

received in the global settlement of the national securities fraud class action. 

Mr. McGaha also assisted the Firm in representing the Industrial Technology Research 

Institute (ITRI), the prominent Taiwanese national research institute, in its first prosecution of its 

patent portfolio in the United States against Samsung Electronics, and its second ongoing 

prosecution of its patent portfolio against LG Electronics. 

Mr. McGaha enjoyed a strong local civil litigation practice at Patton Roberts, focused on 

commercial, real estate, and personal injury litigation that included: 

Arkansas State Highway Commission v. Wilson, et al, Arkansas state court - In 

his first jury trial, Mr. McGaha secured an $188,000 jury verdict on his client’s 

counterclaim against the Arkansas State Highway Commission after the State 

condemned a third of his clients’ farm. The jury verdict was substantially higher 

than the amount of money, $116,000, the State originally interpled into the court’s 

registry. 

11


Reported decision in Buck v. City of Hope, 2009 Ark. App. 105, 303 S.W.3d 85 

(Ark.App. 2009) – Mr. McGaha successfully argued for his client that the trial 

court erred in finding it lacked subject matter jurisdiction over claims for 

nuisance, inverse condemnation, trespass and negligence against the City of 

Hope, Arkansas. 

Watz, et al. v. Red Robin International, Inc., et al, Arkansas state court – Mr. 

McGaha successfully gained a dismissal of a wrongful death lawsuit against his 

clients, the Red Robin restaurant chain, for lack of subject matter jurisdiction. 

Lancaster v. Red Robin International, Inc., Arkansas state court – Mr. McGaha 

achieved another success for the Red Robin restaurant chain by defeating a former 

employee’s defamation claim by a motion for summary judgment. 

While living in Texarkana, Mr. McGaha was active in the bar as a member of the 

Texarkana Bar Association, and treasurer for the Texarkana Young Lawyers Association. Mr. 

McGaha was also a member of the Texarkana Chapter of Kiwanis International. 

Mr. McGaha’s email is cmcgaha@emersonpoynter.com. 

Terry M. Poynter Of Counsel 

Mr. Terry Poynter was born in Springfield, Missouri, and grew up in Mountain Home, 

Arkansas. He earned his Bachelor of Science Degree in Business Administration at the 

University of Arkansas in Fayetteville, Arkansas in 1962, and earned his Juris Doctorate from 

the same institution in January, 1965. Mr. Poynter was a part-time sports journalist during his 

undergraduate and law school days. He worked for the Arkansas Democrat, Arkansas Gazette, 

was an assistant to the sports information director, and, finally, in 1964, was the sports editor of 

the Northwest Arkansas Times in Fayetteville. During law school, he was Co-Editor-in-Chief of 

the Arkansas Law Review and Bar Journal. 

During his distinguished legal career, Mr. Poynter served two terms as prosecuting 

attorney for the 16 th Judicial District. He has, at one time or another, been primary counsel for 

six different financial institutions, in addition to serving on the Arkansas Supreme Court’s Board 

of Legal Specialization from 1998 through 2002; the Arkansas Supreme Court Board of Bar 

Examiners from 1999 through 2003; and the Arkansas Bar Association’s Board of Governors. 

12


Mr. Poynter was appointed as Special Chief Justice of the Arkansas Supreme Court by 

Governor Bill Clinton in 1990, to sit for Mr. Jack Holt Jr., who had recused in a case. 

Mr. Poynter is admitted to the U.S. Court of Appeals for the 8th Circuit; U.S. District 

Court for the Eastern and Western Districts of Arkansas, and all Arkansas State Courts. He is a 

member of the American Association for Justice, Arkansas Trial Lawyers, the Arkansas Bar 

Association and the Baxter County Bar Association. 

Mr. Poynter retired from the practice of law in January 2012, but remains a trusted 

advisor to his son and other attorneys at Emerson Poynter. 

Robert Jigarjian Of Counsel 

Mr. Jigarjian received his Bachelor of Arts degree from Hamilton College in 1981, his 

Masters of Business Administration from Tulane University in 1985 and his Juris Doctorate from 

Golden Gate University in 1993. Prior to law school, Mr. Jigarjian worked as an institutional 

sales trader with Keefe Bruyette & Woods, Inc., where he specialized in sales and trading of 

equity securities in the bank and savings and loan sectors. 

Mr. Jigarjian was a founding member of Green & Jigarjian LLP. He joined Emerson 

Poynter in 2007. Prior to founding Green & Jigarjian, Mr. Jigarjian was employed at Girard & 

Green LLP. 

Mr. Jigarjian has substantial experience in the representation of individual and 

institutional investors in class action and derivative litigation. He represented one of the lead 

plaintiffs in the class action captioned In re Prison Realty Securities Litigation, Case No. 

3:99-0452 (M.D. Tenn.) which resulted in a settlement that created a fund for the class valued at 

approximately $105 million. He also represented one of the lead plaintiffs in the consolidated 

class and derivative action captioned In re Digex, Inc. Shareholders Litigation, C.A. No. 18336 

NC (Del. Ch.), which resulted in a settlement that created a fund for the class valued at 

approximately $180 million and provided for other non-cash benefits valued at approximately 

$450 million. Mr. Jigarjian currently represents the derivative plaintiffs in Saito, et al. v. McCall, 

et al., C.A. No. 17132-NC (Del. Ch.). The Delaware Chancery Court recently approved a 

settlement in the Saito litigation that provided for payment by directors and officers liability 

insurers to McKesson Corporation of $30 million and certain corporate governance 

13


improvements. Mr. Jigarjian also represents the lead class plaintiffs in In Re: Salomon Analyst 

XO Litigation, 02-CV-8114 (GEL) (S.D.N.Y.). 

Mr. Jigarjian is a member of the State Bar of California and is admitted to the United 

States District Courts for the Northern, Southern, Eastern and Central Districts of California and 

to the Ninth Circuit Court of Appeals. 

Mr. Jigarjian’s email address is jigarjianlaw@gmail.com. 

14





THE COFFMAN LAW FIRM 

NO DECLARATION SUBMITTED






















FIRM RESUME 

AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 

Aylstock, Witkin, Kreis & Overholtz, PLLC (“AWKO”), based in Pensacola, 

Florida, has been fighting for justice for victims around the United States since its 

formation in 2001. AWKO currently has fourteen attorneys and three “of-counsel,” as 

well as a staff of more than eighty dedicated professionals. AWKO attorneys and ofcounsel 

are licensed to practice law in eleven states (FL, AL, CA, OH, MN, MS, CO, 

NY, NJ, DC, VA) and AWKO has working relationships with attorneys in all remaining 

states. 

AWKO pursues justice for its clients across a broad range of practice areas 

including: personal injury and wrongful death, motor vehicle and watercraft injuries, 

pharmaceutical and medical device litigation, product liability, insurance claims, 

antitrust, consumer fraud, and business disputes. AWKO attorneys are recognized 

leaders in their field and are regularly invited to lecture to other attorneys, judges and the 

public on topics related thereto. See Exh. A. AWKO attorneys have been appointed by a 

multitude of courts to leadership positions across a wide range of cases. See Exh. B. 

AWKO is committed to its community and the cause of justice across the United 

States. AWKO attorneys and staff members have provided both financial support and 

volunteer time to many valuable groups including: Take Stock in Children, The United 

Way, The American Cancer Society, The Pensacola Opera, Public Television - WSRE, 

National Public Radio, The Lawyers Committee, Human Rights Watch, University of 

West Florida Foundation, and many more. In 2011, the Aylstock, Witkin, Kreis & 

Overholtz Justice Foundation was formed to continue AWKO’s mission of providing 

support to local and national charities and organizations committed to the cause of 

justice.


EXHIBIT A


1. Everything You Always Wanted to Know About Pharmaceutical Litigation, 

Louisiana State Bar Association, 6 th Annual Class Action/Mass Tort Symposium, 

New Orleans, LA (Oct. 20, 2006) 

2. Anti-Psychotics - Seroquel, Zyprexa & Risperdol, Mealey’s Emerging Drug 

Conference, Chicago, IL (Oct. 26-27, 2006) 

3. ABC’s of Diabetes Melitus, Harris Martin Pharmak-Medical Conference 

(Seroquel), Charleston, SC (June 29-30, 2006) 

4. Status of Current Vioxx Litigation in State and Federal Court, Mealey’s, Amelia 

Island, FL (May 8-9, 2006) 

5. Update on Sales Force Discovery and Sales Force Databases, Mealey’s, Las 

Vegas, NV (Dec. 12-13, 2005) 

6. Guidant ICD/Pacemakers: “Shock Value from Necessity to Harm”, ATLA, Las 

Vegas, NV (Nov 14-15, 2005) 

7. Perspectives from the Jury Box: Ernst v. Merck, What Worked and What Didn’t 

in the First Vioxx Trial, Mealey’s Vioxx Teleconference (Nov. 2, 2005) 

8. Vioxx: MDL Update, Mealey’s, New Orleans, LA (June 22, 2005) 

9. A Checklist for the Perceptive Mass Tort Attorney, Mississippi Bar Association 

CLE, Jackson, MS (April 9, 2005) 

10. The Vioxx Story: The Big Picture, Mealey’s, Philadelphia PA (Feb. 18, 2005) 

11. Lessons from Texas, Baycol: Trial, Strategies, Solutions, Endgame, Woodbridge, 

NJ (May 15, 2003)


EXHIBIT B


1. MDL 1275: In re: MCI Non-Subscriber Telephone Rates Litigation, – Appointed 

as Lead Counsel 

2. MDL 1341: In re: America Online, Inc Version 5.0 Software Litigation,– 

Appointed as Lead Counsel 

3. MDL 1632: In re: High Sulfur Content Gasoline Products Liability Litigation - 

Appointed to Plaintiff Steering Committee and Chair of Discovery Committee 

4. MDL 1708: In Re: Guidant Corp. Implantable Defibrillators Products Liability 

Litigation – Appointed to Plaintiffs Steering Committee 

5. MDL 1726: In Re: Medtronic, Inc. Implantable Defibrillators Products Liability 


6. MDL 1724: In Re: Viagra Products Liability Litigation – Appointed to Plaintiffs 

Steering Committee 

7. MDL 1871: In Re: Avandia Marketing Sales Practices And Products Liability 

Litigation – Appointed as Lead Counsel 

8. MDL 1905: In Re: Medtronic, Inc., Sprint Fidelis Lead Products Litigation – 

Appointed to Plaintiffs Steering Committee 

9. MDL 1928: In Re: Trasylol Products Liability Litigation – Appointed to 

Plaintiffs Steering Committee 

10. MDL 1998: In Re: Countrywide Financial Corp. Customer Data Security Breach 


11. MDL 2096: In Re: Zicam Cold Remedy Marketing, Sales Practices and Products 

Liability Litigation – Appointed to Plaintiffs Steering Committee 

12. MDL 2179: In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of 

Mexico, on April 20, 2010 – Appointed to Valuation Committee 

13. MDL 2244: In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products 

Liability Litigation – Appointed to Plaintiff Steering Committee 

14. MDL 2299: In Re: Actos (Pioglitazone) Products Liability Ligitation – 

Appointed to Plaintiffs Steering Committee 

15. MDL 2325: In Re: American Medical Systems, Inc., Pelvic Repair System 

Products Liability Litigation – Appointed as Lead Counsel 

16. MDL 2326: In Re: Boston Scientific Corp. Pelvic Repair System Products 

Liability Litigation – Appointed as Lead Counsel 

17. MDL 2327: In Re: Ethicon, Inc. Pelvic Repair System Products Liability 

Litigation - Appointed as Lead Counsel 

18. MDL 2342: In Re: Zoloft (Sertraline Hydrochloride) Products Liability Litigation 

– Appointed as Multi-District Coordinator 

19. Dryclean USA Litigation, Case No. 02-27169-CA-27 (Florida class – Dade 

Counties, FL), - Appointed as Lead Counsel 

20. Lockwood v. Certegy Check Cashing Services, Inc., No. 8:07-cv-1434-SDM- 

TGW (M.D. Fla. 2007) – Appointed to plaintiff steering committee



Firm Name 

Time Period 


IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION; MDL No. 1827 

Time and Lodestar Summary 

Indirect Purchaser Plaintiffs 

AYLSTOCK, WITKIN KREIS & OVERHOLTZ, PLLC 

Inception through April 2012 

Hourly 

Total 

Name Status Rate 1 2 3 4 5 6 7 8 9 10 11 12 13 Hours Total Lodestar 

Justin Witkin (2012) P $550.00 3.3 0.5 3.8 $ 2,062.50 

Jessica Lindsey (2012) PL $110.00 0.5 0.5 $ 55.00 

Christy Hurt (2012) PL $110.00 0.3 0.3 $ 33.00 


Doug Kreis (2011) P $550.00 1.0 1.0 2.0 $ 1,100.00 


Justin Witkin (2009) P $550.00 17.0 0.8 1.5 3.3 22.6 $ 12,402.50 

Doug Kreis (2009) P $550.00 0.5 0.5 0.8 3.0 4.0 1.0 9.8 $ 5,362.50 

Joshua Jones (2009) A $325.00 0.3 5.0 0.8 0.5 2.5 9.0 18.0 $ 5,850.00 

Christy Hurt (2009) PL $110.00 0.8 3.0 19.0 22.8 $ 2,502.50 

Justin Witkin (2008) P $550.00 0.3 1.0 1.3 $ 715.00 

Doug Kreis (2008) P $550.00 0.3 0.3 $ 165.00 

Joshua Jones (2008) A $325.00 5.3 21.0 3.0 8.4 121.0 158.7 $ 51,577.50 

Christy Hurt (2008) PL $110.00 78.5 2.5 81.0 $ 8,910.00 

Ginger Cosby (2008) PL $110.00 2.0 66.3 3.8 72.0 $ 7,920.00 

Cara Brumfield (2008) PL $110.00 3.0 3.0 $ 330.00 

Nikki Oliver (2008) PL $110.00 1.8 1.8 $ 192.50 

Justin Witkin (2007) P $550.00 2.7 2.7 $ 1,485.00 

Doug Kreis (2007) P $550.00 3.0 3.0 $ 1,650.00 

Joshua Jones (2007) A $325.00 11.2 12.0 0.1 12.6 35.9 $ 11,667.50 

Cara Brumfield (2007) PL $110.00 0.3 0.7 1.9 2.9 $ 319.00 

TOTAL 52.4 38.0 4.6 7.3 6.5 4.0 13.7 0.0 267.3 54.3 0.0 0.0 0.0 447.9 $ 117,462.00 

Status: 

Categories: 

(P) Partner 

1. Attorney Meetings/Strategy 8. Experts – Work or Consult 

(OC) Of Counsel 2. Court Appearance 9. Research 

(SA) Senior Associate 3. Client Meeting 10. Motions/Pleadings 

(A) Associate 4. Draft Discovery Requests or Responses 11. Settlement 

(LC) Law Clerk 5. Deposition Preparation 12. Trial 

(PL) Paralegal 6. Attend Deposition - Conduct/Defend 13. Liaison Counsel Duties

EXHIBIT 60 - LCD Class Action

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?