Declaration of Jonathan M. Moses — Agent Fee Litigation (Dkt. 181.1)

Summary

A declaration of Jonathan M. Moses, a partner at Wachtell, Lipton, Rosen & Katz and counsel for PNC Financial Services Group, Inc. and PNC Bank, N.A., filed June 17, 2020 as Document 181-1 before the United States Judicial Panel on Multidistrict Litigation in In re Paycheck Protection Program (PPP) Agent Fee Litigation, MDL No. 2950. It is submitted in support of the supplemental opposition of the Ohio Defendants to Alliant CPA Group's motion for transfer of actions. The declaration attaches two exhibits: Exhibit A, the defendants' joint motion to dismiss in Bookmyer v. PNC Bank, N.A., et al. (S.D. Ohio), and Exhibit B, the defendants' joint motion to dismiss in Lowry v. U.S. Bancorp., et al. (S.D. Ohio). It is signed under penalty of perjury pursuant to 28 U.S.C. § 1746.

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Full text

        Case MDL No. 2950          Document 181-1         Filed 06/17/20      Page 1 of 2




                   BEFORE THE UNITED STATES JUDICIAL PANEL
                        ON MULTIDISTRICT LITIGATION


IN RE PAYCHECK PROTECTION PROGRAM
                                                          MDL DOCKET NO. 2950
(PPP) AGENT FEE LITIGATION



            DECLARATION OF JONATHAN M. MOSES IN SUPPORT OF
          SUPPLEMENTAL OPPOSITION OF THE “OHIO DEFENDANTS”
        TO ALLIANT CPA GROUP’S MOTION FOR TRANSFER OF ACTIONS

I, JONATHAN M. MOSES, declare under the penalty of perjury and state as follows:

       1.      I am a partner at the law firm Wachtell, Lipton, Rosen & Katz and am counsel for

Defendant PNC Financial Services Group, Inc., and Defendant PNC Bank, N.A. (“PNC”) in the

above-captioned matter.

       2.      I am over the age of eighteen, have personal knowledge of the facts set forth

herein, and if called as a witness under oath, I could and would competently testify thereto.

       3.      I submit this Declaration in support of the foregoing SUPPLEMENTAL

OPPOSITION OF THE “OHIO DEFENDANTS” TO ALLIANT CPA GROUP’S MOTION

FOR TRANSFER OF ACTIONS.

       4.      I attach to this Declaration true and accurate copies of the following exhibits cited

in the Supplemental Opposition of the “Ohio Defendants.”

Exhibit A     Defendants’ Joint Motion to Dismiss, Bookmyer v. PNC Bank, N.A., et al., 2-20-
              cv-02284-EAS-KAJ, June 16, 2020, CM/ECF No. 31 (S.D. Ohio)
Exhibit B     Defendants’ Joint Motion to Dismiss, Lowry v. U.S. Bancorp., et al., 1:20-cv-
              00348-MWM, CM/ECF No. 17 (S.D. Ohio)

       Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true

and correct. Executed on this 17th day of June, 2020 in New York, New York.


Dated: June 17, 2020                          /s/ Jonathan M. Moses
                                              Jonathan M. Moses
Case MDL No. 2950   Document 181-1   Filed 06/17/20   Page 2 of 2




                           WACHTELL, LIPTON, ROSEN & KATZ
                           51 West 52nd Street
                           New York, NY 10019
                           Telephone: (212) 403-1000
                           E-mail: JMMoses@wlrk.com




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