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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 21-2989-MDL-ALTONAGA/Torres
IN RE:
JANUARY 2021 SHORT SQUEEZE
TRADING LITIGATION
____________________________________/
THIS DOCUMENT RELATES TO: ALL ACTIONS
DECLARATION OF AUSTIN B. COHEN IN SUPPORT OF CHENG PLAINTIFFS’
MOTION TO APPOINT JOSEPH R. SAVERI AS INTERIM LEAD COUNSEL
I, Austin B. Cohen, declare as follows:
1.
I am a member of the firm of Levin Sedran & Berman (“LSB”) and I am an
attorney licensed to practice law in Pennsylvania and New Jersey. I am attorney of record in
D’Agostino et al. v. Ally Financial Inc. et al., No. 1:21-cv-21458-DPG (“D’Agostino”), one of the
cases that has since been centralized before this Court in the above-captioned litigation. I have
handled the D’Agostino action along with my partner Daniel Levin and other attorneys at my firm
since its inception and unless otherwise indicated, I have personal knowledge of the facts set
forth herein.
2.
I make this Declaration in support of the Cheng Plaintiffs’ Motion to Appoint
Joseph R. Saveri Interim Lead Counsel (MDL ECF No. 243-8). I make this Declaration pursuant
to 28 U.S.C. § 1746 and if called to testify as a witness in this case, I could and would testify
competently to the following.
3.
I have extensive experience prosecuting antitrust class actions and other complex
litigation. I have served as court-appointed lead counsel, served in leadership roles, and have
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participated in all phases of the prosecution of these cases from initial case investigation through
trial. Having served in leadership roles, and having served at the direction of others, I understand
the importance of efficiency, transparency and collaboration in achieving redress for our clients.
4.
I have worked with Joseph Saveri and the Joseph Saveri Law Firm, LLP (“JSLF”)
in many cases, including working closely together since 2014 in In re Capacitors Antitrust
Litigation, No. 3:14-cv-03264 JD (N.D. Cal.) (“Capacitors”) where I represent one of the named
plaintiffs and where I participated as a member of the JSLF trial team during the March, 2020
jury trial.
5.
I know from personal experience that JSLF’s attorneys are expert antitrust
lawyers. I also know that the law firm is adept at organizing and managing complex cases,
including antitrust class actions. JSLF has demonstrated its ability to provide the highest level of
advocacy, while ensuring that work is performed efficiently and without duplication of effort. In
particular, JSLF has shown that it can assign work efficiently, in alignment with the skills and
experience level of attorneys, and the needs of the case. JSLF has demonstrated particularly
strong project management skills and unique agility in case management and prosecution. I
believe that, if appointed Interim Lead Counsel here, JSLF will bring that experience to bear.
6.
JSLF also encourages mentorship, inclusion, and the advancement of early-career
attorneys. In the March 2020 Capacitors jury trial, JSLF offered substantive courtroom
opportunities for junior attorneys, including the examination of witnesses, presentation of
evidence to the jury, and oral arguments for evidentiary motions. I am confident that, if
appointed, JSLF will continue to offer similar opportunities to young and diverse attorneys.
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7.
Based on my experience and my firm’s investigation to date, it is apparent this is a
complex case. Class certification will require careful analysis and the testimony of expert
economists. The antitrust claims require expert counsel like Joseph R. Saveri and JSLF.
8.
I am committed to working with JSLF for the benefit of our clients and the class
they represent. JSLF has made no promises to my firm of work or made any accommodation to
my firm in exchange for my support for their appointment. I trust that if the Court appoints
JSLF Interim Lead Counsel, any work assignments made by JSLF to my firm or any other firm
will be done with the goal of efficiently and expeditiously prosecuting this matter.
9.
Importantly, JSLF also has a demonstrated history of working cooperatively with
counsel for defendants, even in the most complex or adversarial of cases. This skill is important
because it not only ensures that the litigation will proceed efficiently but also in the interests of
justice.
10.
I have personally observed JSLF’s performance in this matter from its inception
to date. JSLF has performed substantial investigation and demonstrated their leadership abilities
in this case.
11.
The class action complaint filed by JSLF on behalf of Shane Cheng and Terell
Sterling against 35 named defendants in Cheng, et al. v. Ally Financial Inc., et al., No. 21-cv-00781
(N.D. Cal) (“Cheng”) was one of the first complaints filed that alleges antitrust claims—and it
remains the most detailed complaint filed to date. The Cheng complaint also served as a model
for the complaint my firm filed in D’Agostino. JSLF filed the motion to centralize the Short
Squeeze actions before the JPML. JSLF has been integral in organizing counsel for both plaintiffs
and defendants. JSLF organized the 50-plus actions with numerous state and federal claims, into
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three groups organized by claims and common issues—a proposal that was adopted by all
plaintiffs and defendants and presented on behalf of all plaintiffs at the initial status conference
held on April 19, 2021.
I declare under the penalty of perjury that the foregoing is true and correct, executed on
April 26, 2021 at Cherry Hill, NJ.
/s/ Austin B. Cohen
Austin B. Cohen
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