Exhibit 21 - Declaration of Heller in Support of Motion for Class Certification — Marshall v. Prestamos CDFI, LLC (Dkt. 139-22, E.D. Pa. No. 5:21-cv-04337)

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U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 139-22 · 2024-09-06 · Docket on CourtListener

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EX. 21 -- DECLARATION OF JUSTIN HELLER IN 
SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS 
CERTIFICATION 
 
 
Case 5:21-cv-04337-JMG     Document 139-22     Filed 09/06/24     Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALICIA MARSHALL, et al., individually
and on behalf ofall others similarly situated,
Civil Action No. 5:21-cv-04337-JMG
Plaintiffs,
V.
PRESTAMOS CDFI, LLC,
Defendant.
DECLARATION OF JUSTIN A. HELLER IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
I, Justin A. Heller, pursuant to 28 U.S.C.
§ 1746, hereby declare under penalty of perjury
under the laws ofthe United States of America as follows:
1.
I am over 18 years old and am competent to make this declaration which J do based
on my personal knowledge. J am a partner of Nolan Heller Kauffman LLP (“NHK”), one of the
attorneys for the Plaintiffs! in this litigation.
2.
I]submit this declaration in support of Plaintiffs’ accompanying motion for class
certification.
3.
Plaintiffs’ counsel have been retained by Plaintiffs on a contingent basis, have paid
and advanced the costs of this litigation, and are committed to prosecuting and funding this action
through trial and appeal to its ultimate resolution.
4.
I respectfully refer the Court to the accompanying Declaration of Lawrence J.
Lederer, which generally describes the services performed by Plaintiffs’ co-counsel Bailey &
:
Capitalized terms not otherwise defined in this declaration have the meaning set forth in the
Table of Abbreviations in the brief filed in support of Plaintiffs’ motion for class certification.
Case 5:21-cv-04337-JMG     Document 139-22     Filed 09/06/24     Page 2 of 4

Glasser, LLP (“BG”) and NHK on behalf of the Plaintiffs.
BG and NHK allocated the work
described inMr. Lederer’s Declaration to avoid duplication of services and to maximize efficiency
for the benefit of Plaintiffs.
SE
NHK has, among other things, fielded many inquiries from Plaintiffs and other
putative class members and others seeking to be added as plaintiffs; investigated defendant
Prestamos’ involvement inPPP; investigated additional facts including regarding Prestamos’
corporate parent CPLC; researched applicable law and PPP regulations; participated in the drafting
of four separate detailed complaints and amended complaints; researched and analyzed issues and
assisted in the drafting of briefs in opposition to multiple motions to dismiss filed by defendant
Prestamos and former defendant CPLC; assisted in the preparation of Plaintiffs’ separate sets of
requests for production of documents, interrogatories and requests for admission to Prestamos;
reviewed documents produced byPrestamos, CPLC and others and utilized and worked with the
outside document database vendor to organize and search the documents produced; prepared several
of the Plaintiffs for their depositions by Prestamos, and defended them in their depositions (as
allocated between BG and NHK); prepared for and conducted Plaintiffs’ deposition of Prestamos’
proposed expert Jorge Baez as part of Phase I discovery (ECF No. 102 at ff 2, 4); and researched
legal issues for, and assisted in drafting, Plaintiffs’ motion for class certification, among other
activities in this case.
6.
We worked closely with our co-counsel, BG, on many ofthese tasks. NHK has
extensive experience with lending and banking law; and both my firm and BG have extensive
experience in commercial and other litigation including involving banks and other financial
institutions. A copy of our firm resume is attached to Plas’ App’x of Exhibits Plaintiffs are filing in
support of their motion for class certification. Additional information about our firms is set forth in
our firm websites. See
hitps://wyw.bailevelasser.com/; httys://nhkllp.com/. Given our work to date,
Case 5:21-cv-04337-JMG     Document 139-22     Filed 09/06/24     Page 3 of 4

qualifications and experience, commitment to this case, and our opinion that but for this litigation
Plaintiffs and the class members will likely be deprived of any opportunity for relief for the claims at
issue, I believe Plaintiffs’ counsel should be appointed counsel for the Classes in accordance with
Rule 23(g).
I declare under penalty ofperjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on this 6th day of September, 2024.
=
Justin A. Hel
*
¥
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Case 5:21-cv-04337-JMG     Document 139-22     Filed 09/06/24     Page 4 of 4

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