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Hearing Before the Honorable United States District Judge Cecilia Altonaga (May 17, 2021) — In re January 2021 Short Squeeze Trading Litigation (Dkt. 311, S.D. Fla.)

Summary

A 113-page transcript of the May 17, 2021 hearing before United States District Judge Cecilia Altonaga (Document 311) in In re January 2021 Short Squeeze Trading Litigation, Case No. 1:21-md-02989-CMA, in the U.S. District Court for the Southern District of Florida, entered on the FLSD docket May 20, 2021. The hearing, conducted over Zoom, takes up the plaintiffs' leadership applications, opening with Gabriel A. Assaad of McDonald Worley, who proposes seven co-leads, two per tranche, 11 executive committee members, 17 members per tranche, a settlement committee and a common benefit member for each tranche, in a case with over 30 defendants. Counsel appearing include Dennis Ellis, Rachel W. Furst, Jeffrey A. Klafter, Peter Safirstein, Maurice David Pessah, Natalia Maria Salas, Joseph Saveri, Frank Schirripa and Roy T. Willey, IV; the proceedings were reported by Sharon Velazco, RPR, FPR.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Date
2021-05-17

Cite this document

“Hearing Before the Honorable United States District Judge Cecilia Altonaga (May 17, 2021) (Dkt. 311).” Original at archive.org, dated 2021-05-17. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-05-17-covid-era-misc/, SHA-256 3347c79ebe1d74f91170a8f860287739e1a56cbf184921e65f797cfa095a215c.

Full text

Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 1 of 113
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      1                       UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA
      2                              MIAMI DIVISION
                               CASE NO. 1:21-md-02989-CMA
      3

      4   IN RE:

      5   JANUARY 2021 SHORT SQUEEZE
          TRADING LITIGATION
      6
                                                   May 17, 2021
      7
                                                   11:55 a.m. to 4:10 p.m.
      8
                                              Pages 1 to 113
      9   ______________________________________________________________

    10
                                       HEARING
    11                          BEFORE THE HONORABLE
                    UNITED STATES DISTRICT JUDGE CECILIA ALTONAGA
    12

    13    APPEARANCES:

    14
                                      GABRIEL A. ASSAAD, ESQUIRE
    15                                McDONALD WORLEY, P.C.
                                      1770 St. James Place
    16                                Suite 100
                                      Houston, TX 77056
    17                                Gassaad@mcdonaldworley.com

    18

    19                                DENNIS ELLIS, ESQUIRE
                                      BROWNE GEORGE ROSS O'BRIEN
    20                                ANNAGUEY & ELLIS, LLP
                                      2121 Avenue of the Stars
    21                                Suite 2800
                                      Los Angeles, CA 90067
    22

    23                                RACHEL W. FURST, ESQUIRE
                                      Grossman Roth Yaffa Cohen P.A.
    24                                2525 Ponce de Leon Boulevard
                                      Suite 1150
    25                                Coral Gables, FL 33134
                                      Rwf@grossmanroth.com
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 2 of 113
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      1

      2                APPEARANCES (Cont'd)

      3
                                      JEFFREY A. KLAFTER, ESQUIRE
      4                               KLAFTER LESSER LLP
                                      2 International Drive
      5                               Suite 350
                                      Rye Brook, NY 10573
      6                               Jak@klafterlesser.com

      7

      8                               PETER SAFIRSTEIN, ESQUIRE
                                      SAFIRSTEIN METCALF, LLP
      9                               1345 Avenue of the Americas
                                      2nd Floor
    10                                New York, New York 10105

    11

    12                                MAURICE DAVID PESSAH, ESQUIRE
                                      PESSAH LAW GROUP, PC
    13                                661 North Harper Avenue
                                      Suite 208
    14                                West Hollywood, CA 90048
                                      Maurice@pessahgroup.com
    15

    16
                                      NATALIA MARIA SALAS, ESQUIRE
    17                                THE FERRARO LAW FIRM, P.A.
                                      600 Brickell Avenue
    18                                38th Floor
                                      Miami, FL 33131
    19                                Nms@ferrarolaw.com

    20

    21                                JOSEPH SAVERI, ESQUIRE
                                      JOSEPH SAVERI LAW FIRM, LLP
    22                                601 California Street
                                      Suite 1000
    23                                San Francisco, CA 94108
                                      Jsaveri@saferilawfirm.com
    24

    25
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 3 of 113
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      1

      2
                                  APPEARANCES (Cont'd)
      3

      4
                                 FRANK SCHIRRIPA, ESQUIRE
      5                          HACH, ROSE, SCHIRRIPA AND CHEVERIE
                                 112 Madison Avenue
      6                          10th Floor
                                 New York, NY 11016
      7                          Fschirripa@hrsclaw.com

      8

      9                          ROY T. WILLEY, IV, ESQUIRE
                                 ANASTOPOULO LAW FIRM, LLC
    10                           32 Ann Street
                                 Unit B
    11                           Charleston, South Carolina 29403
                                 Roy@akimlawfirm.com
    12

    13

    14
          STENOGRAPHICALLY REPORTED BY:
    15
                                       SHARON VELAZCO, RPR, FPR
    16                                 Official Court Reporter
                                       United States District Court
    17                                 400 North Miami Avenue
                                       8th Floor
    18                                 Miami, Florida 33128

    19

    20                                _      _      _

    21

    22

    23

    24

    25
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 4 of 113
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      1             (The following proceedings were had:)

      2             THE COURT:    Good morning.    We have with us

      3   Mr. Assaad --

      4             I can't hear you, Mr. Assaad.

      5             You are muted, I believe.

      6             You are not muted, but we can't hear you.

      7             MR. ASSAAD:    Good morning, Your Honor.

      8             THE COURT:    Good morning.    We can now hear you.    I

      9   apologize for these technical difficulties.        We haven't had

    10    this issue with Zoom until now.

    11              Can you all hear me okay?

    12              ZOOM PANEL IN UNISON:      Yes, your Honor.

    13              THE COURT:    Very good.    Thank you.   So, we'll start --

    14    I think we are due to take a break in about half an hour.            My

    15    apologies.

    16              Why don't we begin with Mr. Assaad's application?

    17              Mr. Assaad, I will hear from you briefly, and then I

    18    have some questions for you.

    19              MR. ASSAAD:    Thank you, your Honor.     May it please the

    20    Court.

    21              My name is Gabriel Assaad, and I thank you for this

    22    opportunity to be in front of you today, as well as my fellow

    23    colleagues.

    24              Obviously, just looking at the attorneys on both sides

    25    of the aisle, I am very confident there will be some fantastic
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 5 of 113
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      1   lawyering throughout this MDL.

      2              I plan on spending three to five minutes on a little

      3   bit of introducing myself and to answer any questions the Court

      4   my have.

      5              Feel free to interrupt me if there are any questions

      6   during my presentation.      I will begin with who I am.     I am a

      7   first generation Coptic Egyptian.       My parents came to this

      8   country in the late '60s, and I am the first of my family to

      9   attend law school and be an attorney.

    10               I grew up in Rochester, New York, that we -- my parents

    11    immigrated to and, at my first opportunity, I left cold weather

    12    and came down to the University of Florida and got my

    13    mechanical engineering degree from the University of Florida.

    14               I practiced in DC for about ten years, and then I met

    15    my wife, from Texas, and moved down to Texas, and have been

    16    practicing in Texas since 2011.       My wife is currently an

    17    assistant district attorney with Harris County, and usually her

    18    presentations are much better because her cases are much more

    19    exciting than mine.

    20               I would like to talk a little bit about my MDL personal

    21    experience.    I have been involved with MDLs since 2013, and

    22    that time is on my application.       But, I want to talk a little

    23    bit about the good and the bad that I have learned from the MDL

    24    process.

    25               The good is fantastic lawyering, great issues.       I got
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 6 of 113
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      1   to meet many great attorneys, some have become some of my best

      2   friends.    But, being involved with some MDLs, I have also seen

      3   a little bit of negative MDLs; particularly, I see that a lot

      4   of MDLs, they start off strong and then, over time, people are

      5   not getting work, they are not getting gainful work, and there

      6   is a fall-out, and -- for the work they are getting, because

      7   they are not getting meaningful work.       Maybe people are not

      8   engaged, there is a lack of communication and, after a period

      9   of time, they are so far behind the ball they can't get up to

    10    speed on the case anymore.      And, I believe one of the reasons

    11    that occurs, your Honor, is there is no accountability.

    12               We hear many things about the diversity, Let's spread

    13    the experience around, membership, inclusiveness, and these are

    14    great words we hear.     We hear them on every single application

    15    from people that are lead- -- say they want to be inclusive on

    16    their mentorship.     But, after the time -- after the time of

    17    leadership, no one is held accountable.

    18               So yes, I propose a structure, and I am the only one

    19    that has proposed a structure and thought this out, how to make

    20    this MDL -- which is a very large MDL -- inclusive and to keep

    21    people engaged.

    22               And, I also have a tremendous mentorship.

    23               For example, I strongly believe that the younger

    24    attorneys, the lesser experienced attorneys should be involved

    25    with the experts, in meeting the experts, not just getting, you
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 7 of 113
                                                                                  7


      1   know, paragraph summaries of what happened.

      2             You know, you learn a lot from meeting experts and

      3   asking questions and learning about the case.         Same thing with

      4   motion practice and depositions.

      5             I have seen some courts that allow the younger

      6   attorneys to argue the motion and allow the more senior to come

      7   in later on to make -- do any cleanup or to add a little bit

      8   more argument.

      9             And the same thing with depositions, not allowing more

    10    than one or two attorneys, you know, to take the depositions,

    11    and a senior attorney with more experience coming in.

    12              And that is why this proposal -- what I think people

    13    are going to criticize later on, because this is -- basically,

    14    this is a leadership structure of about 55 to 57 members.

    15              But, if we look at the defendants, there are over 30

    16    defendants.    And, there are going to be dozens, if not hundreds

    17    of attorneys on that side of the litigating this case.

    18              And, this is a big case, with a lot of issues, a lot of

    19    defendants, and a lot of money.       And, therefore, there will be

    20    a lot of money put before the case on the defendants' side.

    21              But, at the same time, we have a ton of attorneys on

    22    the plaintiffs' side that are willing to work, that are

    23    experienced on all levels, and we have numerous firms that can

    24    staff and that have the attorney power to match the defendants'

    25    side.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 8 of 113
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      1             So, as you have heard before, your Honor, what we are

      2   preparing -- I think a lot of the opportunities will be like

      3   three tranches.     And, by having three tranches, we can split

      4   into basically three teams of people and, as I proposed in my

      5   application, 17 persons per tranche, and they are kind of

      6   intertwined.    I will explain a little bit later.

      7             But, one of my goals -- and I have been involved in the

      8   little -- a little bit involved in the litigation -- air

      9   quality litigation up in the Middle District of Florida.

    10              And, Judge Schlesinger made a comment that because of

    11    the large leadership structure, that the Court was able to go

    12    from appointment to the first level of the trial, which was

    13    last month, in less than two years.       And, that is -- having

    14    this many attorneys, we don't have to wait for the normal

    15    deadlines for those back to motions practices, discovery

    16    practices.

    17              Many times, Judge Schlesinger would get a motion to

    18    compel and have a response in three days, one response in three

    19    days, and argument before the magistrate judge within five

    20    days.

    21              And, having this -- and this is -- could be a heavy --

    22    a lot of discovery issues.      There are 30 defendants.     There

    23    will be many motions to compel.       And, I think, by having the

    24    larger structure, we can be efficient, speedy, and get this

    25    case to trial very quickly, and get this case resolved.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 9 of 113
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      1              That's why I propose the leadership structure of seven

      2   co-leads.    And, the way that is broken down is two co-leads per

      3   tranche.    And, if the Court -- I have a PowerPoint I would kind

      4   of like to read, if I could share with the Court, if that would

      5   be okay.

      6              THE COURT:    Yes, thank you.

      7              MR. ASSAAD:    Can you see my screen, your Honor?

      8              THE COURT:    I can, yes.

      9              MR. ASSAAD:    So, the way I propose the structure from

    10    the leadership structure is having seven co-leads, two per

    11    tranche.    And, one -- and one general, common benefit with

    12    having co-leads is what I am proposing.

    13               And, the purpose of the contact person, the person

    14    being held accountable to the Court, is to oversee the

    15    application process, to make sure that diversity -- for people

    16    to go to, to say, "I'm not getting enough work," or, "I am

    17    being left behind," and, to be that person, the representative

    18    that everyone can go to, that is on the executive committee or

    19    the steering committee, to -- almost like managing the

    20    attorneys to make sure that everyone is getting work, and

    21    meaningful work.

    22               I also propose to have 11 executive committee members.

    23    And, what I have highlighted in yellow are general leadership

    24    members.    They are not assigned to any tranche.

    25               So, I believe ESI is going to be one ESI order, so
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 10 of 113
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      1    someone should receive that, and liaison, one liaison.

      2             And then also there is a state arbitration liaison

      3    because my understanding is there are state cases as well as

      4    there will be arbitrations, and there should be some type of

      5    coordination.

      6             So, when you break it off per tranche, we have 17

      7    members per tranche; two lead counsel, one of them will be

      8    chair of discovery, three executive committee members, and each

      9    one individual -- one will be chair.

     10             You have an expert committee; one will be chair of

     11    discovery, one will be chair of law and briefing.

     12             Judge Schlesinger thought the law and briefing

     13    committee was actually very effective, especially when we had,

     14    from the get-go, a lot of 12(b) motions, probably 30 or 40

     15    12(b) motions for each defendant.      And, I think law and

     16    briefing will be a very busy group.       And, it is good to have

     17    dedicated people that like to do research and writing to be

     18    involved in law and briefing.

     19             Second, your Honor, I also have a settlement committee,

     20    which is kind of a new trend in the MDLs nowadays.         Not that

     21    they're talking numbers in the beginning, but they start

     22    talking about what's needed to get this case settled, what type

     23    of structure, what will it look like as the case goes on.

     24             And also each tranche will have a common benefit member

     25    that oversees that tranche who is appointed to make sure that
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 11 of 113
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      1    those people are getting work and the wealth of work is spread.

      2             What I see a lot of -- and what I'm trying to avoid --

      3    in the case where you have a small sprawl or people appointed

      4    and, all of a sudden, the leadership are having five, 10, 15

      5    people from their own firm working on a case, and people that

      6    have been appointed by this Court, for the Court, qualified to

      7    work on the case, are not getting work because no one is

      8    getting assigned work because it is all being held in-house.

      9             And again, my proposed structure is going to take into

     10    account age, ethic, gender, and race.

     11             And, I believe, unfortunately, this might take a little

     12    bit more time because I believe the Court should oversee it to

     13    make sure that leadership has appointed people, or has people

     14    controlling that -- that fall into what -- what are the goals

     15    of an MDL nowadays, of kind of having a diverse group, an

     16    inclusive group.    And, therefore, I believe another application

     17    process should occur, to be sure, for executive members to get

     18    the Court's blessing.     This is an actual approval by the Court

     19    that we have fulfilled our duty to make that diverse and

     20    inclusive.

     21             And finally, your Honor, looking at the people that

     22    have applied for leadership, they all kind of fall in, follow

     23    the structure.    If you look, Mr. Ellis and Ms. Salas have both

     24    applied for leadership for the contract and fourth tranche, the

     25    common law tranche.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 12 of 113
                                                                                 12


      1               You have experience with Mr. Ellis, who's fantastic,

      2    and Ms. Salas, who, as she mentioned, clerked for the Southern

      3    District of Florida.     And, you have diversity there.

      4               I think it would be a good fit there.

      5               The same thing with Mr. Klafter and Mr. Willey.       I

      6    think they are co-leads for the broker dealer for the Robinhood

      7    tranche.    Again, it blends diversity with experience, as well

      8    as, you know, someone that is well-versed and has done many

      9    class actions.    And, as someone that is younger, they could

     10    learn a lot from working with Mr. Klafter.

     11               Finally, Mr. Saveri and Mr. Schirripa, they are both

     12    very experienced.    But, the only diversity we are getting there

     13    is geographical; one is east coast and one is west coast.

     14               So, to have geographical diversity is important in this

     15    case because it could affect the entire country.

     16               And finally, Ms. Furst is the only person who applied

     17    for the liaison.    But, besides that, your Honor, she has -- I

     18    spoke to her.     She was at the top of her class in University of

     19    Florida Law School, business undergrad, clerked in the Southern

     20    District of Florida.

     21               She is -- not just because she is the only person, but

     22    she is also well qualified to make the decision, and she also

     23    brings in diversity and difference of -- and difference in age

     24    and experience.

     25               Finally, the last four or five people that applied --
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 13 of 113
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      1    they really didn't apply for a lead position.        Mr. Pessah -- it

      2    changed here, I don't want to speak for him -- but he was more

      3    for an executive committee position.

      4             And then the last four, Mr. Safirstein, Ms. Metcalf,

      5    Mr. Graifman and Ms. Emert, they only applied for leadership

      6    for TD Ameritrade.    And, as a result, they kind of fall in

      7    maybe as executive member in the contract and fourth tranche

      8    because they only pursued common law claims in their

      9    application, as well as their complaint.

     10             So, that's my proposal, your Honor.

     11             That is the reason why I applied for leadership, was

     12    because during this whole process, everyone was discussing, you

     13    know, lead, lead, lead, and then we will figure out what we

     14    will do, how we will staff this case.

     15             But, I think it is important, from the beginning, to

     16    discuss how we are going to staff this case and move forward in

     17    large litigation which will require a lot of funding and lot of

     18    people to move this case forward, especially with the dozens,

     19    or hundreds of attorneys on the defense side.

     20             THE COURT:    Mr. Assaad, thank you for your very

     21    thoughtful presentation.

     22             I think you are one of those who has provided a

     23    structure -- well-thought-out structure, with reasons for your

     24    proposal.   I had several questions for you.       Your presentation

     25    has left me with about two minutes to ask the questions.          So --
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      1             MR. ASSAAD:    Sorry, your Honor.

      2             THE COURT:    So -- that's all right.

      3             So, let me just jump in and ask you about your time

      4    commitment.

      5             How can you assure the Court that you have enough time

      6    for this case, and those in your firm do, as well?

      7             MR. ASSAAD:    Your Honor, as an officer of the Court,

      8    that's my number one assurance, is that I have the time to work

      9    on this case.    I am one of the first people that when this

     10    occurred back in January, I got the complaint on file within a

     11    day.

     12             I -- I have the staff.      I have -- we have a large firm,

     13    about 50 attorneys.     But, if you look at my experience and my

     14    MDL experience, there will be no complaints that I never

     15    stepped up on or got the work done that was required.         And,

     16    that goes from the -- your Honor, from the Verifund litigation

     17    to the Smith and Nephew case, where any time anyone asked

     18    anything of me, I always made time for cases.        I live and

     19    breathe them.    And, to be honest, I will make time for this

     20    case, and I will devote a hundred percent of my time to this

     21    case, as necessary.

     22             THE COURT:    If you were in a leadership position,

     23    Mr. Assaad, how many master complaints do you think should be

     24    filed?

     25             MR. ASSAAD:    That is a very good question, your Honor.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 15 of 113
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      1             At this time, I think that three, one for each tranche.

      2    However when, pen to paper, we start to compare the complaints,

      3    it might change.    But, right now, my position is three.       That

      4    way, each tranche has a working, live complaint that they

      5    can -- that they can go to the Court and file any potential

      6    motions to compel, with any issues, to see what the issues are

      7    for each tranche.

      8             THE COURT:    Last question:    What is your biggest

      9    concern about the MDL, including challenges that we will face

     10    and have to overcome?

     11             MR. ASSAAD:    I believe one of the biggest challenges in

     12    this MDL is the amount of defendants in this case.

     13             And, there is going to be a lot of discovery and

     14    motions to compel.     Having that many different defendants

     15    coming from many large firms, it will need a lot of finance

     16    backing up.

     17             And, these are big cases.      So, I think organization and

     18    a streamlined discoveries processes, knowing -- one of my

     19    ideas, to settle our discovery requests, we have 30 days, I

     20    think, and usually after 30 days, we have a bunch of objections

     21    -- to maybe streamline that so that the defendants pose their

     22    objections after 15 days; vagueness, overbroadness.

     23             So, that would streamline it and start the discovery

     24    responses because sometimes, they are overly broad and/or

     25    vague, and we can work together so the discovery moves faster.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 16 of 113
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      1             I think that is going to be the bottleneck of this

      2    case, is having discovery with 30 different defendants.

      3             THE COURT:    Mr. Assaad, thank you very much.

      4             MR. ASSAAD:    Thank you, your Honor, very much.       It was

      5    a pleasure speaking with you today.

      6             THE COURT:    Nice to see you, Mr. Ellis.

      7             MR. ELLIS:    Good morning, your Honor.

      8             THE COURT:    Good morning, Mr. Ellis.

      9             MR. ELLIS:    Thank you for allowing me time to present

     10    my position as to why I should be one of the leads for this

     11    MDL.

     12             I would like to thank the other lawyers that have

     13    already supported our leadership group, with myself,

     14    Mr. Schirripa, and Ms. Salas.      I do believe that we demonstrate

     15    the type of diversity, experience at all levels to lead.

     16             The most important issue is representing the clients

     17    that have all come before the Court.       A little bit about

     18    myself; I have been in practice for 25 years.        I am not new to

     19    a small litigation boutique.      I practiced 25 years, 24 years in

     20    all these things.     And, through that, I was chair for more than

     21    a decade of its complex litigation practice group which

     22    specialized in class action work.

     23             I have a -- have had a diverse practice throughout my

     24    career, both representing plaintiffs and defendants in

     25    litigation.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 17 of 113
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      1               I am proud to say that I have had a case in one year,

      2    in 2006, where I was named to be Capital Lawyer of the Year.

      3    In that year, I defended a group on trial, for General Electric

      4    Company, successfully in Santa Barbara Superior Court.

      5               And, in that same year, I actually won a $2.7 billion

      6    judgement for a client from Hong Kong in a case.

      7               So, I have a diverse practice that has represented both

      8    plaintiffs and defendants.     And, I actually have done -- I was

      9    trying to count them up, your Honor -- I don't know that I

     10    really can -- but, I have probably done at least 40 or so class

     11    actions.    And I think you said 20 or so, that we had done as a

     12    team.   But probably, myself, had been 40, including, actually

     13    having an MDL before Judge Cohn for the Southern District of

     14    Florida, at one point in time.

     15               I think what I offer, individually, and our group

     16    offers, collectively, is diversity.       But, I want to be clear.

     17    Our diversity, and my diversity, specifically, is not based on

     18    ethnicity, or gender, or anything else.       It is based on

     19    experience.

     20               And, if the Court believes that there is a nondiverse,

     21    ethnical person that is better to lead these clients, I urge

     22    the Court to appoint that person over me.

     23               What I know is that you -- if you take all the issues

     24    the Court is required to consider for interim counsel or

     25    permanent counsel, during Rule 23(g), I believe that my history
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      1    and my experience shows that I could do that, and represent the

      2    mosaic of the client base that we are going to be charged with

      3    representing to the fullest of our abilities.

      4               I was born in San Diego, California, and I was raised

      5    by a single parent.     I watched my mom go to night school.       When

      6    I was in high school, my mom became a lawyer, a district

      7    attorney, and now she is a judge.

      8               But, I have gotten to see the effort and the work that

      9    that takes, because she was going to law school when I was in

     10    high school.    She was becoming a attorney when I was in

     11    college.    She was becoming a lawyer when I was going to law

     12    school, myself, and starting to do great things.        And, through

     13    that, I know that dedication and that is needed to represent,

     14    and I always brought that to all of my cases.

     15               There is obviously -- I think the headline for me is

     16    that I have a lot of experience, and I represented clients and

     17    in some of the biggest class action lawsuits and commercial

     18    cases this country has ever seen.

     19               One of the things that I saw the Court said is that

     20    there are other considerations that are needed, and this is one

     21    of the things your Honor wrote, is that, from what I recall as

     22    the panoramic breast case, when you were appointing counsel,

     23    and you said it is -- one of the things that is important is

     24    the ability to gain the respect and work collaboratively with

     25    all of the other counsel on the plaintiffs' side, and also on
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      1    opposition, and also with the Court.

      2               And, I think if you consider all of the things I have

      3    done in my 25 years of practice, that it -- I, along with me,

      4    Mr. Schirripa and Ms. Salas, could do that effectively.

      5               I have represented clients against some of the biggest

      6    law firms in this country.     I have gone to trial against

      7    Simpson Thacher.    I have represented in the case -- I went to

      8    26 million dollars, Simpson Thacher was on the other side.

      9               I have represented plaintiffs' firms that are

     10    well-known, sophisticated in the commercial complex litigation;

     11    it was Viversa and -- Eraclides Gelman, and I represented all

     12    those people, and I -- against -- in those cases, and I do

     13    believe that if you ask them, they will tell you I told the

     14    truth, I fought hard for my clients, but I did it fair.

     15               And, that's why I believe that I will bring to most of

     16    this.     We won't get bogged down in the process.     We won't get

     17    into the bickering and the defensibility.

     18               If I am able to lead the team effectively, and that

     19    will be my goal, is to nominate the process, perfect the

     20    substance, and to bring forward people who, for the first time,

     21    just like they chose Robinhood, are venturing into our court

     22    system.

     23               And, at the end of the day, those clients that we all

     24    represent need to believe that this process was fair.         And,

     25    they can't see that if we use lawyers to delay their right to
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      1    present their case to this Court.

      2             And, we all know that that can be a tactic in

      3    litigation, is to prevent the barriers for resolution.         And, I

      4    think that will be our ultimate goal, is to prevent that from

      5    happening.

      6             I am happy to answer any questions the Court has.

      7             THE COURT:    Thank you very much, Mr. Ellis.

      8             Yes, I note that you, Ms. Salas, and Mr. Schirripa have

      9    proposals that the three of you be at the lead.        Let me ask you

     10    about your time commitment for this case, and that of your --

     11    the lawyers at your firm.

     12             What can you tell me about the time you all have

     13    available to be on the leadership of this MDL?

     14             MR. ELLIS:    Well, your Honor, I must make full

     15    disclosure.   I have an eight-month-old son.       It is my first

     16    child.   So --

     17             THE COURT:    Congratulations.

     18             MR. ELLIS:    -- other than that, other than the demands

     19    of my young son, we are ready to go.

     20             And, I don't think we will have any problems.         I know

     21    we won't have any problems meeting this -- and if -- some of my

     22    team, in that event, would take over.

     23             Ms. Cathy Murray worked on this case with me.         Cathy

     24    and I worked for more than 20 years together.        She actually is

     25    from Miami, born and raised -- well, not born and raised.          She
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      1    was not born here.    She was born in Peru, but raised in Miami.

      2             So, we are familiar there -- we actually are familiar

      3    with the MDLs down there.     We worked on cases together.      And,

      4    we just have always been able to get it done, somehow, some

      5    way, and to not have the time -- we do have the time.         We have

      6    a 50-person law firm dedicating several lawyers to this

      7    particular matter.

      8             And, I am just -- I'm just really excited about all of

      9    the talent we have on this case and all of the law firms.

     10             I was actually getting ready for this, and I took a

     11    look at some of the work that Mr. Assaad has done.         He is down

     12    the street from us, actually, in West Hollywood.        I actually

     13    lived in West Hollywood for a long time, and I saw a youTube

     14    presentation recently he put together with a Let Us Trade.           It

     15    was kind of a hashtag.

     16             And I saw the mosaic of the clients that he represents,

     17    and I look forward to working with lawyers like that who have

     18    done so much already.     Or, I read his complaint and he added to

     19    his comment, discussions about Wall Street taking advantage of

     20    Main Street, and, coincidentally, that is what I was thinking,

     21    is that we have to protect Main Street.

     22             Robinhood decided to reach out to Main Street, and Joe

     23    Public, and David Investor.      If you look at their website, they

     24    remind you of some of the cases we dealt with, with the

     25    consumer class action defense placed in some of the different
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      1    things.   It is animated.    It is -- it is -- it is colored.        It

      2    is not -- does not have any of the facts.        So, who are they

      3    attracting with that?

      4              Who are they attracting with the animations?

      5              The more subtle, young investor.

      6              The pictures of people that are up there are 22.        You

      7    don't have, obviously, other 60-year olds.        They are 22, 27,

      8    33.

      9              So, those are the people who have to believe this

     10    process works.    My mom is a judge, and I'm sure you will

     11    probably share this viewpoint, is that some people -- when they

     12    do deal with the government for the first time in our judicial

     13    system, they have to meet that process, believe it is fair.

     14    And, they can believe the process is fair when somebody who

     15    looks like them is representing them effectively.

     16              And that's what we hope to do.

     17              THE COURT:   Mr. Ellis, how much of your time can you

     18    give this case if you were part of the leadership structure of

     19    plaintiffs' counsel?

     20              MR. ELLIS:   Well, let me answer it this way, your

     21    Honor.

     22              One of the questions was if we have a weakness for

     23    something.     I can be a little bit demanding about my own self

     24    being involved.     So, I would want to do -- or I would want to

     25    be involved.     I must be involved, I think, for things to do
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      1    well.

      2               And, I hope that doesn't sound too conceited.       So, I do

      3    have the time.    I do intend to work.     I do intend to take a

      4    personal involvement in the case.

      5               I do want to know what's going on.

      6               I do believe that I can do that, in coordination of

      7    efforts, both with the executive committee and then the other

      8    leads, relying on them; because, to answer your question, I

      9    have whatever time is required of me.

     10               And, on all of the things that I have ever done, in

     11    every case I have ever worked on, I believe my clients would

     12    have -- always tell you, "If I have a question, or something

     13    needed to be done, I could call Dennis and he would know the

     14    answer, or get right back to me, and he would show up in all of

     15    the biggest moments in that case."

     16               And, I hope to do that here, as well.

     17               THE COURT:   So, if you could, just be a little more

     18    precise.    You know what's on your plate right now.       If this was

     19    added to your plate, how much time could you devote to it?

     20    20 percent of your time?

     21               30 percent of your time?

     22               You know, at the end of Friday, as you are writing down

     23    your billable time sheets and what work you accomplished, what

     24    more you can squeeze in -- so, if this was added to it, what

     25    percentage of that time would it be?
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      1             MR. ELLIS:    Well, I'll use last week as an example.         To

      2    get ready for this hearing, I think I spent 15 hours.         And, I

      3    want to be about -- 35, 30 percent more of my time.         I am doing

      4    -- we have an arbitration running right now.        I have been the

      5    one representing -- it's got three more weeks, and it is kind

      6    of split up through July.

      7             Fortunately, for me, I had two trials, or one trial

      8    that was set for June 21st -- that was my mom's birthday -- and

      9    that was with L'Oreal, we won summary judgment.        So, that case

     10    has gone away.

     11             There was another case that was looking at a retrial at

     12    the end of the year.     However, we actually got a very strong

     13    suit -- in the decision -- in the Fifth Circuit, and I don't

     14    believe that is going to happen now.

     15             So, I have the time to work on this particular matter.

     16    If you ask me for a percentage, your Honor, I could guarantee

     17    you it would be 30 percent, probably a little bit more.         But,

     18    if it was more, as lead, it would be whatever it takes.

     19             THE COURT:    Thank you.

     20             And can you -- what can you offer in terms of your

     21    insights about the overall structure of -- that you see in this

     22    MDL?

     23             MR. ELLIS:    In terms of the tranches, I do think

     24    that -- I agree, actually, with Mr. Assaad.

     25             I think tranches -- I don't believe you need to split
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      1    up the defendants into two separate groups, into the contract

      2    and tort case, if you put them all together.        It is one group

      3    of defendants.    I think that would be appropriate.

      4             I think that is just a logical direction, for the Court

      5    to take it.

      6             There is also an antitrust case.       And, I think that

      7    there should be a complaint for that one.

      8             And, of course, that is a securities issue.

      9             Of course, it works its way through.       The third one, as

     10    well.

     11             I do believe that our structure, as proposed, is good.

     12    It is one of the more neoclassical structures.        I was undergrad

     13    business major and management.      And so you have kind of a very

     14    flat structure.     You don't have a bunch of tranches that --

     15    where different people do different things like that.

     16             That is more of a classical structure.

     17             And, I think that's more along the lines of what

     18    Mr. Assaad was approaching.      It was very successful for a long

     19    period of time, but I do believe we want to have more people

     20    involved in the process, working.      It is more of this

     21    neoclassical, flat-triangle structure, where you have just a

     22    very small group of people in the lead, and you have a very

     23    broad aspect of people working on different projects, and

     24    different things.

     25             And, I think the way to communicate with that is
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      1    through an executive committee.      And, you can almost see it as

      2    part of our government.     There is a small group of people, the

      3    House, that, you know, kind of represents the broader people,

      4    and then all the rest of the council below that is the

      5    government.

      6             And so it is very flat-structured in terms of how it

      7    was managed from the plaintiffs' side.

      8             But, what I don't think -- what I don't think that will

      9    be effective, in having been in defendants' position, and quite

     10    often, represented defendants, is for the defense counsel to

     11    want to talk, to get an answer for the group on a specific

     12    issue regarding discovery, or approach, or motion or timing,

     13    things like that -- they don't want to have, like, a Rolodex of

     14    people they have to call to get an answer.        They want to know

     15    that if there is a person they are talking to -- if it is

     16    Mr. Schirripa or Ms. Salas or myself -- that we, in speaking,

     17    we are positioned and have the authority to really enter into a

     18    discussion where something could be resolved.

     19             And, you can't have a structure where they are

     20    literally trying to figure out who to talk to about a

     21    particular issue, to define the issue, for example, ESI -- what

     22    is going to be the approach?

     23             Documents, or what are we going to do about that?

     24             They don't want to know, "Let me figure out, who within

     25    the group can do that."
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      1             I want them to know they could call me and I would have

      2    the answer to that.

      3             And, to go back to your question, your Honor, about

      4    well, how much time can you do -- you have to be committed in

      5    terms of time, if you are going to do that, you are going to

      6    make yourself available.

      7             They cannot be looking for you.       And so myself, I, on

      8    my own card and I -- probably, that is probably not a big deal

      9    in the Zoom world, but anybody can call me at any time, whether

     10    it be in our group, the defense side, or anybody else.         I think

     11    that's what I will try to do, is try to make sure that we get

     12    answers and solve issues.

     13             It is not about -- for me, the departing from Federal

     14    Rules of Civil Procedure.     It is just about using those rules

     15    and using them effectively.

     16             THE COURT:    Thank you very much, Mr. Ellis.

     17             I appreciate all of the information that you have given

     18    me.   Thank you so much.

     19             MR. ELLIS:    Thank you.

     20             THE COURT:    Ms. Furst?

     21             MS. FURST:    Good afternoon, your Honor.

     22             Rachel Furst from Grossman, Roth here in Coral Gables.

     23    We thank you for your time.

     24             I am applying for the position of the liaison counsel,

     25    which I hope would have a seat for either on an executive
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      1    committee or steering committee, depending on the leadership

      2    structure implemented.

      3             As Mr. Assaad mentioned, I am the only attorney who has

      4    applied for this position.     No counsel has opposed my

      5    appointment.    And, several have expressly suggested that I fill

      6    this role in their own filing and at the last status conference

      7    with the Court, which I appreciate.

      8             And, I think there is a reason for that, in that I have

      9    already undertaken some of the work, in coordinating

     10    plaintiffs' counsel and sort of serving in a liaison

     11    counsel-type role; most recently, facilitating the filing of

     12    the consolidated leadership applications which bring us all

     13    here today.

     14             Throughout that process, I have had the opportunity to

     15    speak with nearly all of the attorneys who are applying for

     16    leadership, many of them, at length, and many times.

     17             And, I think there is a consensus around the idea that

     18    this case does need a liaison counsel, would benefit from one.

     19             There is -- there is agreement, more or less, that

     20    there will be several tranches, whether it is three or four,

     21    maybe there is some dispute over it, including PSRA cases, and

     22    yet, there can't be four phone calls every time, to and from

     23    plaintiffs' counsel, every time there's a scheduling issue that

     24    needs to be coordinated, either from defense counsel or from

     25    the Court.
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      1             So, I really think that, you know, you need somebody,

      2    liaison counsel here in the District, in the same time zone as

      3    the Court, which plaintiffs can call and defense counsel can

      4    call and know the necessary coordination and communication will

      5    be done in a timely and professional and reliable manner.

      6             So, I do think this will add some efficiency to the

      7    MDL.

      8             And, I believe that I am the right person for the job.

      9    I clerked in this District for Judge Ursula Ungaro.         I was one

     10    of her civil clerks for over a year.

     11             And, the entirety of my practice has really been spent

     12    here.   I started my career at White and Case, where I worked

     13    for nearly five years as a commercial litigation associate.

     14    There, I did some MDL experience, and certainly have experience

     15    with the substantive claims that are brought in this lawsuit;

     16    breach of contract, negligence, deceptive trade practices, and

     17    breach of fiduciary duty.

     18             I also have a says pa sample experience in the eight

     19    years I spent at Grossman Roth Yaffa Cohen here in Miami.          When

     20    I began at Grossman Roth, I did a bank hold and rescue for

     21    underwriters in front of Judge King, the MDLs.        And, I watched

     22    and learned from my colleagues, Bob Gillberg and Stuart

     23    Grossman, who were appointed as leadership positions in that

     24    case.

     25             And, since then, I have also worked on class actions on
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      1    behalf of -- on behalf of plaintiffs at Grossman Roth Yaffa

      2    Cohen.

      3               Right, now, I'm a partner.    Currently, I am working on

      4    the Allergan MDL in the District Court in New Jersey, working

      5    alongside cocounsel Julie Kane at Colson Hicks.

      6               So, I have familiarity with class actions and MDLs, and

      7    cases, and I have an intimate, I think, knowledge of the local

      8    rules and court and the way things are done in this District

      9    which I can bring to bear on lead counsel.

     10               Nearly all of the attorneys who are involved in this

     11    case are from elsewhere.     They will be litigating remotely,

     12    which has been made easier now we have Zoom.        But, it still

     13    presents some challenges.     So, I think my aid would be to make

     14    litigation from afar a seamless experience for the plaintiffs'

     15    counsel.    And, I think I can do that.

     16               And, I also have had the pleasure of, again, speaking

     17    with most or nearly all of the plaintiffs' attorneys who are

     18    applying for the leadership, and honestly, I would be honored

     19    to work with all of them.     There is an enormous amount of

     20    talent and enthusiasm, and I would be very pleased to serve in

     21    the role as liaison counsel and assist the Court, really make

     22    the Court's administration of these cases easier in that role.

     23    So, I welcome the opportunity, and I welcome your questions.

     24               THE COURT:   Thank you very much, Ms. Furst.

     25               You and I first interacted many years ago when you were
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      1    at White and Case, and you were very gracious when I was at the

      2    firm presenting.

      3             MS. FURST:     I remember.

      4             THE COURT:     Why are you the only one who wants this

      5    position?

      6             Do you know?

      7             MS. FURST:     Well, I mean, I would like to think it is

      8    not a thankless job.

      9             But, you know, I think that from the onset, really,

     10    from our first plaintiffs' call and when the coordination of

     11    these cases began, I kind of made my interest in this role

     12    known, and sort of took on the responsibility.

     13             So, I think -- I mean, I would like to think that's

     14    why.   Some consensus has been formed around my serving in this

     15    role, and I have shown I have the ability to do so.

     16             I think I also have the stability and diligence it

     17    takes, and diplomatic skill set that will enable me to work

     18    with the various personalities who will be involved on the

     19    plaintiffs' side.     And, I think that has been apparent in this

     20    process, and I have successfully navigated just on the

     21    leadership applications, so far.      So, I think that's why.

     22             THE COURT:     Have you served as the liaison counsel in

     23    any other MDL?

     24             MS. FURST:     I have not, your Honor.    And so in that

     25    respect, I would be a new intern, as I suppose the term is
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      1    used, and I feel that appointing me to that role would further

      2    the aim of inclusivity and -- by promoting younger attorneys to

      3    take on leadership positions.

      4             But, that doesn't mean that because I haven't served my

      5    term, my name in the law -- that I have not watched and learned

      6    from others at my law firm, like Stuart Grossman, who have been

      7    named to executive positions of leadership in MDLs.

      8             And also, as part of my research for this case, I

      9    reached out to liaison counsel serving in other cases in this

     10    District.   My cocounsel, as liaison attorney in the Zantac

     11    right now -- Bobby Gillberg, who is a former lawyer of the

     12    Grossman law firm -- he is serving as liaison counsel in the

     13    panoramic breast case; Julie Kane, who is serving as liaison

     14    counsel in the Monet case in front of Judge Gayles, an MDL

     15    there.

     16             So, I raise their names simply to say I have an

     17    extensive network of friends and attorneys who -- from whom I

     18    can sort of glean best practices.      So I am confident that I can

     19    handle the responsibility.

     20             THE COURT:    You mentioned being on the same time zone

     21    as the Court.    But, there are a number of lawyers who are not.

     22    If they needed to communicate with you, would they be available

     23    during hours that we are normally closed over here?

     24             MS. FURST:    Certainly.    And that has already -- you

     25    know, over the last two months, sort of the coordination has
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      1    been, has been going on, on the plaintiffs' side.         I have got

      2    accustomed to taking calls, you know, after 8:00 P.M., and

      3    certainly after seven P.M.

      4             And, I currently serve as cocounsel with a Seattle firm

      5    on perhaps several class actions.      So, I am comfortable working

      6    with California counsel, and I have that experience, and I am

      7    used to it.

      8             THE COURT:    Well, I won't keep you for the full

      9    15 minutes.   Given that you are the only applicant who wants

     10    this position, I think we can safely say that you have got it.

     11    But, one last question.

     12             Are you amenable to serving in this role, regardless of

     13    which of these fine lawyers I select to be on the committee,

     14    the leadership committee?

     15             MS. FURST:    Yes, your Honor, I am.     Certainly.

     16             THE COURT:    Thank you very much.

     17             MS. FURST:    Thank you.

     18             THE COURT:    So, we started late, for the reasons you

     19    are all quite familiar with.

     20             I am going to pick up with Mr. Klafter for the next

     21    presentation.    We will take a 45-minute lunch break.       It might

     22    be breakfast for those of you on the west coast.        I am not

     23    sure.   And then we will continue at 1:20.

     24             (Whereupon, there was a recess at 12:56 p.m., after

     25    which the following proceedings were had at 1:32 p.m.:)
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      1             THE COURT:     Good afternoon.    I think our next presenter

      2    at this hearing is Mr. Klafter.

      3             MR. KLAFTER:    Good afternoon, your Honor.

      4             THE COURT:     Good afternoon.

      5             MR. KLAFTER:    I have some limited opening remarks

      6    because I certainly want to allow enough time for your Honor to

      7    ask questions.    So, I will get through them as quickly as

      8    possible.

      9             First, I believe my application for lead counsel

     10    primary responsibility with the Robinhood charge -- which is

     11    something I want to address as to what that tranche is, because

     12    --

     13             THE COURT:     I'm sorry.   Mr. Klafter, my court reporter

     14    and I are both having trouble hearing you.        So, if you could

     15    perhaps speak closer to the microphone --

     16             MR. KLAFTER:    I will try.      Can you hear me?

     17             THE COURT:     Better.   Thank you.

     18             MR. KLAFTER:    Okay.    Okay.   So, I believe my

     19    application as lead counsel with primary responsibility for the

     20    Robinhood tranche -- and that's a tranche which I think we need

     21    to clarify, in light of some of the comments earlier today --

     22    that demonstrates that the interest of the class of Robinhood

     23    customers would be best served with me in the leadership, based

     24    upon my experience in class actions, but as well as my specific

     25    experience in the breach of fiduciary duty, breach of contract
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      1    claims, and negligence/fraudulent types of claims that will be

      2    the ones that are primarily asserted against Robinhood in this

      3    MDL, aside from the antitrust.

      4              Now, first, Mr. Assaad talked about his experience in

      5    MDLs.    I will be frank with your Honor.     I have led many class

      6    actions, but I have not led an MDL.       I have participated in

      7    MDLs.    I have been on committees.    I have even been on

      8    committees.

      9              But, my experience in leading cases and in being a rank

     10    and file or committee member of an MDL is that I was always

     11    treated fairly, and when I was willing to step up and commit

     12    resources and work in the case, that lead counsel always

     13    welcomed that.

     14              So, what Mr. -- the fears that Mr. Assaad puts forth

     15    are very foreign to me, and I don't think that you -- if I am

     16    in the lead, that that would not happen.

     17              And, the second thing I want to mention is that -- is

     18    that about tranches, that Mr. Assaad sort of separated

     19    Robinhood from the contract and tort tranche.        That makes no

     20    sense to me.     The claims that will be asserted against

     21    Robinhood are breach of contract, breach of fiduciary,

     22    negligence, and maybe some aid and abetting claims.         So I'm not

     23    sure what they are leaving for Robinhood, but that makes no

     24    sense.

     25              And, even Mr. Ellis, in his papers, talked about he and
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      1    Ms. Salas presiding over the state law contract and tort-based

      2    claims.    So, they are mushing them all together and leaving

      3    Mr. Schirripa for the antitrust claims.

      4               Just a flashback to the -- the initial conference

      5    before your Honor, I think that there was general acceptance of

      6    the view that there would be an antitrust tranche, there would

      7    be a Robinhood tranche, which would have all these common law

      8    claims, and then there would be another broker tranche, such as

      9    eTrade.    And the other brokers are TD Bank, Schwab, eTrade, and

     10    Webull.

     11               And, I think that makes good sense to split them up

     12    that way, and not to conflate the other brokers in with

     13    Robinhood for a couple of reasons:       One, that -- I think

     14    95 percent of the cases only assert claims against Robinhood.

     15    There is a unique story with regard to Robinhood, with unique

     16    players.    They are all relationships with the depository trust

     17    company; Citadel, Nomad Capital, perhaps other entities.

     18               None of those entities are involved in the TD trade --

     19    TD Ameritrade.    For example, if you look at the TD Ameritrade

     20    complaints that were filed in the MDLs, no one is sued other

     21    that the TD Ameritrade.

     22               If you push them all together in one solid complaint,

     23    it would be like book one and book two.

     24               And so -- and also, the -- we also think it is sort of

     25    like -- Robinhood is sort of a big tiger, and maybe the other
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      1    brokers are sort of the tail.      And -- but they don't deserve,

      2    if we put them together, they would be the tail.

      3             And, the investors in TD Ameritrade -- which my clients

      4    are not, or Schwab, or eTrade -- they deserve to be their own

      5    tiger and not be the tail of the Robinhood situation.

      6             Okay.    The next point is -- is that the structure that

      7    Mr. Assaad talks about, from the combat ear plug, arms ear

      8    plug, your Honor, this case has been billed as the largest MDL

      9    in history.   There are over two hundred thousand individual

     10    cases that are part of that MDL.      They are all individual

     11    cases, no class actions.

     12             So, it is the biggest mass tort, you know, MDL in the

     13    history of the cases.     So, out of 200,000, they had 40 some-odd

     14    attorneys.

     15             But, to put all of the -- almost all of the attorneys

     16    in this case into a leadership structure, which I think

     17    turns -- and I agree with Mr. Ellis that the structure should

     18    be more of a triangle, it inverts the triangle.        It doesn't

     19    make any sense.

     20             And also, the idea of having a common benefit

     21    committee -- well, you have those in mass tort committees

     22    because there is interest of people representing their own

     23    individual clients, or whether they are doing something for the

     24    common good -- so, you need a police for them.

     25             Everyone has a common class action.       We don't need a
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      1    common benefits leader, a committee or anything like that.

      2             I think I want to mention adversity and inclusiveness,

      3    as that has been a focus of this morning's interviews.         And, in

      4    light of your Honor's questions, that I feel compelled to --

      5    and I have really never done this before -- to tell the truth,

      6    that I do represent adversity as a lead.

      7             I have a physical disability.      I have had it for my

      8    entire life, and I have never had to raise it.        And, had I been

      9    in court, you would not even have seen me -- and no one would

     10    -- by either overtly or by my negative implications suggest

     11    that I not be the first candidate.       But, because we are in the

     12    Zoom world, I just feel compelled to put it on tape.

     13             And that, your Honor, are the totality of my comments.

     14    I do have other ideas about how to promote other diversity in

     15    the leadership structure.     But, I know your Honor has questions

     16    for me, so I will turn it over to you.

     17             THE COURT:     Mr. Klafter, I appreciate your very

     18    insightful observations shared, and the proposals that we have

     19    heard thus far.

     20             How do you envision the overall structure of leadership

     21    in this MDL, besides agreeing with Mr. Ellis that it should be

     22    more of a triangular than an inverted triangle?

     23             MR. KLAFTER:    It was my view, your Honor, that there

     24    are -- and putting aside securities -- but other than the

     25    securities, there should be three tranches and three impacts;
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      1    one for antitrust counsel, one for Robinhood, and all the state

      2    law claims, including statutory claims that might -- state

      3    statutory claims that might be asserted against Robinhood --

      4    and then the other brokers.

      5             I then see -- and I would suggest, your Honor, that we

      6    have -- to promote diversity, additional diversity into the

      7    case, that we have sort of a diverse second chair for each lead

      8    counsel, that we would -- lead counsel would propose, or your

      9    Honor could take applications for it -- that would work closely

     10    with the lead counsel and learn what it takes to lead a case

     11    like this.

     12             And, one of the things that I looked at, your Honor, in

     13    the preparing for this is that George Washington Law School put

     14    out a whole extensive paper on what judges should look at in

     15    promoting diversity.     And, one of the things they said is that

     16    when lawyers, who are -- when they are lieutenants, when they

     17    are lieutenants, that they often go on to become leaders,

     18    themselves.

     19             And, we have people which are, obviously, experienced,

     20    but don't have the experience of prosecuting a class action,

     21    from end to end, and dealing with all of the issues that are

     22    involved in getting class certification.

     23             And also taking discovery, which -- which I think is

     24    different than being a defendant.      Where you are more putting

     25    up obstacles, slap things down, try to slow the train down --
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      1    us plaintiffs are working on a contingency fee.        We want to get

      2    to the finish line as reasonably, quickly as possible.

      3               I also think that your Honor could require each of the

      4    lead counsel, in terms of their staffing of their -- within

      5    their offices to have, you know, one or two diverse attorneys.

      6    I have been working with Amir Alimehri.       He is a first

      7    generation Iranian.     His parents escaped from Iran, and he is

      8    very active in diversity.

      9               And, I know, your Honor, Mr. Saveri also has diverse

     10    candidates.    So, we can increase the pool.

     11               So, the idea is that even though there may not be as

     12    many diverse candidates in the top that have the experience to

     13    do this, let's -- let's grow them, in different levels, from

     14    all different levels, so that in the near future, we have more

     15    diversity, more qualified candidates.       And, I think that's an

     16    approach that your Honor might embrace.

     17               And, I also believe that there should be, lastly, a

     18    steering committee, executive committee.       I believe it should

     19    be per tranche.

     20               And then perhaps -- we have heard a lot about how

     21    complicated that case is, of all of the defendants.         Well, your

     22    Honor, there are only all these defendants in the antitrust

     23    tranche.    For the Robinhood tranche, you have three Robinhood

     24    entities; maybe Citadel, Melvin Capital, maybe something else.

     25    And so the very limited number of defendants in the other
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      1    broker and Robinhood tranches -- they are all in the massive

      2    conspiracy alleged in the antitrust.

      3             So, I think that you can have a relatively small

      4    executive committee, you know, four or five, six lawyers, which

      5    also can be diverse, that supports each tranche, but perhaps

      6    should be over -- it should be much larger than for the

      7    antitrust tranche, because that's where you have all of the

      8    defendants.

      9             That is -- and that's where, again, we have to see

     10    whether they are all included in a consolidated regular

     11    complaint, whether they will survive a motion to dismiss.

     12             So, it is -- the idea that this case is going to have

     13    20 defendants, or all these different defense counsel, and

     14    there is going to be thermonuclear war -- I don't think it is

     15    necessarily so.

     16             And, your Honor, I subscribe to the KISS principle --

     17    which is Keep It Simple Stupid.

     18             I believe that if I am the lead, I am going to navigate

     19    this case in the most efficient way to get to the finish line,

     20    which is to get the class certified, get the discovery we need

     21    so we put this case in a position to be tried.

     22             THE COURT:    So, you mentioned an interest, obviously,

     23    in the Robinhood tranche.     And, you are proposing that there be

     24    three lead counsel, one for each.

     25             Could you speak to the possibility of having two colead
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      1    counsel for each?

      2               MR. KLAFTER:    Okay.   I think that, again, if we focus

      3    on the claims against Robinhood and the claims against the

      4    other brokers, I'm not sure that it would warrant that.

      5               But -- I'm not opposed to it.

      6               But, what I am opposed to -- what I am opposed to --

      7    what -- I think Mr. Assaad put that forth in his written

      8    submission, or his slide presentation today, which is to have

      9    two leads where one is experienced and one is less

     10    experienced -- I think that that doesn't work as well.

     11               I think that -- that the less-experienced person has to

     12    earn their title to be a lead, and that -- and that's why I

     13    proposed first chair, or designated chair from the executive

     14    committee.    And, they could be done a lot of different ways.

     15    But, the idea is that would be the mentoring that I would

     16    propose.

     17               But, I am not opposed to there being two lead counsel.

     18    I have worked many cases with colead counsel, and I think I can

     19    do that efficiently, as well.

     20               THE COURT:     And what is your time commitment?

     21               How much time would you envision devoting to this case,

     22    if you were selected to lead the Robinhood tranche?

     23               MR. KLAFTER:    Well, since I was -- learned of this

     24    situation, I was retained back in January, I have been devoting

     25    as much time as I possibly can to this case, which there has
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      1    been some fortuitous circumstances of cases settling.

      2             I have been able to devote a significant amount of

      3    time.

      4             I have listened to all the impression hearings.         I

      5    downloaded all the written statements.       I drilled down on the

      6    DEC Capital algorithms and the like because they claimed, you

      7    know, there were a lot of issues in this case about the size of

      8    the Capital defaults.

      9             I have not stopped focusing on this case.

     10             I already worked out a plan for how to draft the

     11    complaint.   I have reviewed all of the pleadings in the

     12    Robinhood outage case because there are a lot of comparisons

     13    between the Robinhood outage case and -- which is out of the

     14    Northern District of California, and this one, where there are

     15    breaches of contract, breaches of fiduciary duty, and

     16    negligence-type claims and gross negligence claims.

     17             And, Robinhood didn't even move to dismiss the

     18    individual claims in that case because -- I don't know why, but

     19    I think it is because they were so well pled.        And, this could

     20    provide a roadmap.

     21             But, to answer your question, your Honor, I have

     22    cleared the deck so that I can make this my primary

     23    responsibility.    And, it will continue to be my primary

     24    responsibility, which is over 50 percent of my time.         And, if I

     25    need to spend a hundred percent of my time in a given week or
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      1    two weeks, a month, I will do that.

      2             I have the support of my firm to commit whatever

      3    resources of my own time and of the firm to do what it takes to

      4    bring this case to resolution.

      5             THE COURT:     Mr. Klafter, thank you very much for your

      6    very thoughtful observations and suggestions.        Thank you.

      7             Mr. Oberlin?

      8             MR. SAFIRSTEIN:     It is Peter Safirstein on behalf of

      9    Michael Oberlin.

     10             Can you hear me?

     11             THE COURT:     We can.

     12             MR. SAFIRSTEIN:     Good afternoon, your Honor; Peter

     13    Safirstein.   And, thank you very much for the opportunity to

     14    appear before you today.

     15             I am also speaking for my cocounsel on this litigation,

     16    Melissa Emert and Gary Graifman of Kantrowitz, Goldhamer and

     17    Graifman.   They are on the line, as well, your Honor, and they

     18    are available for any questions that the Court may have.

     19             Your Honor, our application for a lead position is

     20    focused on the claims in this MDL that are supposedly or

     21    so-called the broker-dealer claims, and our specific claim, it

     22    is with regard to TD Ameritrade.      And, we were applying for

     23    lead with regard to ensuring that those claims are prosecuted

     24    as vigorously as possible.

     25             Our client, your Honor, is Michael Oberlin.        He is a
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      1    Miramar Beach, Florida resident.      He is an individual trader

      2    who traded in a large volume of stock at TD Ameritrade, and was

      3    blocked from making trades that he wanted to make at TD

      4    Ameritrade in a timely manner.      We are concerned that these

      5    very important allegations are vigorously pursued in this MDL.

      6             I know that your Honor has heard much about Robinhood.

      7    We understand this is a Robinhood-centric MDL.        But, Robinhood

      8    is not the only defendant, and there are other broker dealers

      9    involved here, as well.     And, as we understand from the

     10    previous appearances before your Honor, that your Honor is

     11    aware of that and is diligent in making sure that those

     12    interests are protected as well.

     13             I will be brief in describing my background.

     14             I have been a litigator for more than 35 years.         I was

     15    an Assistant United States Attorney in this judicial district,

     16    in the Southern District of Florida.       I specialized in the

     17    investigation of and prosecution of white collar crime.

     18             Before that, I was a special assistant for the United

     19    States Attorney in the Southern District of New York, where I

     20    was assigned to the Commodities and Securities Fraud division

     21    and was very active there, as well.

     22             And, before that, I was with the enforcement division

     23    of the SEC.

     24             I have years and years of securities experience.         And,

     25    I have tried federal cases.
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      1             After I left the Justice Department, your Honor, I went

      2    into the plaintiffs' bar, more specifically, into the class

      3    action bar, and I was a longtime partner in the securities

      4    class action Powerhouse case where, for years, I served as the

      5    day-to-day lead counsel and coordinating attorney in the IPO

      6    securities, the IPO antitrust cases, which is actually the

      7    largest securities case that has ever been prosecuted.         It

      8    involved 312 coordinated cases before a single judge.         It was

      9    against more than 60 financial institutions, against over 300

     10    issuers of securities, and more than a thousand individual

     11    defendants, as well.

     12             There were more than 60 plaintiff law firms involved;

     13    countless defense firms involved.      And, as the leader of the

     14    day-to-day prosecution of that case, I have deep personal

     15    knowledge in coordinating and running massive financial fraud

     16    cases.

     17             In 2016, together with my partner, Liz Metcalf, I

     18    formed -- we formed our own firm.      We have been very successful

     19    in prosecuting and leading securities, antitrust, and consumer

     20    cases.

     21             My colleagues, as I have mentioned to you earlier on

     22    the call, are Melissa Emert and Gary Graifman.        Melissa Emert

     23    is a partner, and she is co-chair of Kantrowitz, Goldhamer and

     24    Graifman, which is a class action practice.        She has

     25    represented consumers and investors for more than 30 years,
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      1    both at her current firm and her previous firm.

      2             Ms. Emert hold prominent positions in a number of large

      3    MDLs.   And, she was actually recently named as one of two women

      4    attorneys in the country who received the highest number of

      5    appointments to leadership structures in nationwide MDLs.

      6             My other cocounsel, also from the same firm,

      7    Kantrowitz, Goldhamer and Graifman -- Gary Graifman is also on

      8    the line.   Mr. Graifman has chaired for consumer class actions,

      9    a partner in his firm for years; litigated many, many cases for

     10    many years.   We have worked together for many years.        He brings

     11    practical experience, litigation experience, and recently

     12    completed a retrial in civil Graco matters.

     13             The entire nature of my firm -- my firm has a

     14    nationwide practice, and we have a lot of experience in -- and

     15    as I said, there is a specific area in this case that --

     16    that -- you know, we don't believe the Court has heard too much

     17    about today, which is the nonRobinhood, TD Ameritrade part of

     18    the case.

     19             And, we would appreciate consideration for being

     20    appointed lead for that tranche.

     21             Thank you, your Honor.

     22             THE COURT:    Thank you very much, Mr. Safirstein.

     23             You mentioned and in your application materials

     24    highlighted that Ms. Emert has been recognized for leadership

     25    in MDLs, and she was just court-appointed colead counsel rather
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      1    recently in Carter versus Graco Children's Products.         So, can

      2    you speak to the time that she can devote, if she were part of

      3    this group that you put forward of your firm and the Kantrowitz

      4    firm?

      5             MR. SAFIRSTEIN:     Sure.   We would all be working

      6    collaboratively, and Ms. Emert -- we would certainly see to it

      7    that she devoted a substantial part of her time to this case,

      8    as well -- as well as the other MDL case that she has.

      9             She also has, as we have indicated, the support of her

     10    firm that she -- support of our firm, and collaboratively, you

     11    know, we are a task-oriented group.       We have deep experience.

     12    We know exactly what is required in terms of the pleadings, the

     13    motion practice, the discovery, and Ms. Emert would devote a

     14    significant amount of her time to this case, as would we all.

     15             THE COURT:    So, what you are putting forward is a group

     16    of four of you; correct?

     17             MR. SAFIRSTEIN:     Well, we are putting forward a

     18    group -- well, we are.     We are putting up a group of four.

     19             We believe that, you know, the other so-called tranches

     20    are being represented by many, many lawyers, and many law

     21    firms.   We think it is reasonable that the two firms here work

     22    collaboratively and work together with regard to the TD

     23    Ameritrade, or the broker-dealer part of this case that's not

     24    centered on Robinhood.

     25             THE COURT:    I can certainly -- I call this sort of like
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      1    the Oberlin -- where it would be the four of you, and you would

      2    seek to have a leadership position in this broker-dealer

      3    tranche; correct?

      4             MR. SAFIRSTEIN:     That's correct.

      5             THE COURT:    And how many master complaints do you

      6    envision in this MDL?

      7             MR. SAFIRSTEIN:     Well, I -- I think our position is a

      8    little bit different from maybe what you have heard earlier in

      9    that it is -- if you put aside what I think, which is not just

     10    being considered today, which is a 10b-5 master complaint, if

     11    that is to decide, I think realistically, for efficiency

     12    purposes, the Court would be well-served with two master

     13    complaints; one is an antitrust case, and one is a securities

     14    case.

     15             At the end of the day, if it is one or two cases, where

     16    Robinhood is in one complaint, or TD Ameritrade is in a

     17    different complaint, I don't think it makes a real difference

     18    because the Court is going to have to consider all those in any

     19    event, those are all coordinated.      It is just a question of

     20    whether or not they are consolidated, I believe.

     21             And, the reason that we are so vociferously speaking on

     22    behalf of the TD Ameritrade part is there are distinct issues

     23    there that need to be considered separately.

     24             But, whether or not -- so they need to have real estate

     25    space, so to speak.     But, whether or not that real estate space
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      1    is in one master complaint, together with Robinhood, or it is a

      2    separate complaint, I don't think, at the end of the day, it

      3    makes that much of a difference.

      4             And, I think that perhaps for -- convenience, but for

      5    efficiency purposes, it might make more sense to put all of

      6    these securities-type issues, so -- and, we understand it is

      7    not a 10b-5 case.     When I say "securities," I -- we are talking

      8    about in this case, either the statutory, as Mr. Klafter was

      9    referring to, the common law claims, the breach of state law

     10    claims, all those claims.     So, they would have the distinction

     11    between those claims and the antitrust.

     12             I think the antitrust case is a different case.         In

     13    fact, the very large IPO litigation that I was deeply involved

     14    in -- that, too, was split between the IPO securities case,

     15    which, as I said, was 312 coordinated cases -- and the -- the

     16    IPO antitrust case.     And, those cases were -- were distinct

     17    cases in front of the same judge out of the Southern District

     18    of New York.

     19             THE COURT:    So, how do you envision the leadership of

     20    this MDL?

     21             MR. SAFIRSTEIN:     Well, I think that the leadership --

     22    the leadership that makes the most sense would be an executive

     23    committee where there is an executive committee that is in

     24    charge of however many tranches the Court decides, that then

     25    would be subspecialties, if you will, with regard to the
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      1    Robinhood tranche, and then also with regard to the TD

      2    Ameritrade broker-dealer tranche.

      3             And, you know, our firms have moved to the leadership

      4    position with regard to the nonRobinhood part of it, and they

      5    would have, you know, diligent representation because there are

      6    going to be issues at the end of the day with regard to -- to

      7    pleadings, litigation strategy, discovery.

      8             It -- they are all going to be similar, and they are

      9    all going to have distinctions.

     10             So, I think that a leadership that takes into account

     11    that the antitrust case is different, I think is, is -- at

     12    least, from our perspective -- seems clear.

     13             And, the real question with regard to everything else

     14    is -- is how to put those two together.       And, they should

     15    certainly have their own distinct leadership.        So the only

     16    question is whether or not there is only one pleading.

     17             THE COURT:    Only question is what?

     18             Sorry.   Repeat that.

     19             MR. SAFIRSTEIN:     Whether or not that is on one

     20    complaint or two complaints, in our view.

     21             So, if it is on one complaint, you have distinct

     22    leadership for that part of the case, the TD Ameritrade, as

     23    part of the large consolidated action.

     24             And, if the Court decides that -- the Court prefers the

     25    separate master complaint, then you would have leadership on
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      1    that separate master complaint.

      2             But, I think the -- one of the issues -- I think one of

      3    the reasons that we would speak to having one master complaint

      4    is that invariably, you are going to need coordination from a

      5    prosecutorial point of view between the TD Ameritrade part of

      6    the case and the Robinhood part of the case, because there

      7    are -- while there are differences, there are also

      8    similarities, and there are commonalities.

      9             So, it all needs to be, you know, thought through

     10    carefully and work together.      And, as I said, I believe there

     11    are efficiencies in having one complaint, but certainly, it is

     12    distinct claims.

     13             THE COURT:    Can you speak to the proposal that the

     14    Ferraro Firm has put forward through Ms. Salas?

     15             MR. SAFIRSTEIN:     Well, I think that the -- the proposal

     16    of having, you know, those firms in a leadership position, you

     17    know, I -- I am sure that they are all, you know, very able

     18    firms in terms of the actual -- in terms of the structure.

     19             THE COURT:    Right.

     20             MR. SAFIRSTEIN:     We agree with the notion that there be

     21    a structure that contemplates separate leadership for the

     22    Robinhood part of the case, for the -- what we will call the

     23    nonRobinhood broker-deal parts of the case and the antitrust

     24    part of the case.     We do agree with that, conceptually.

     25             THE COURT:    So, but -- in what you have put forward,
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      1    you had omitted sort of a separate, third antitrust tranche.

      2    Right?

      3             MR. SAFIRSTEIN:     No, no, no. We are not omitting that.

      4             What we are saying is that we are -- we are seeking a

      5    limited position to be appointed to the leadership of what I

      6    think your Honor is going to view as a broker-dealer tranche.

      7             We -- we are not applying for a position with regard to

      8    the antitrust or with regard to the Robinhood tranche.         And, we

      9    support the notion of three distinct tranches, and believe that

     10    that is the proper way to go forward.

     11             But, we are concerned that the tranche that has been

     12    given the least amount of attention, if you will, is the

     13    so-called broker dealer tranche, or the TD Ameritrade tranche.

     14    And, we have put forward an application that says that we

     15    believe that we are well-suited to lead that tranche, and are

     16    seeking a leadership position with regard to that very specific

     17    part of the case.

     18             THE COURT:    So, if you were given that, who, from the

     19    four of you, would be the point person?

     20             MR. SAFIRSTEIN:     I would be.

     21             And, your Honor, we have spoken -- when we made the

     22    application, we -- we have had those discussions.         We have

     23    applied jointly, but it would be my very person here, and I

     24    would be the lead of our group.

     25             THE COURT:    What amount of time could you commit in
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      1    that capacity?

      2             MR. SAFIRSTEIN:       Well, hearing what Mr. Klafter just

      3    said, I, too, am fortunate in that I have had a number of cases

      4    just recently settle.     So, I have more time on my hands right

      5    now.

      6             And I would certainly -- you know, I have been spending

      7    a lot of time on this recently.       You know, once this case wraps

      8    up -- and that will be very soon -- I will be spending a

      9    substantial part of my time, certainly 50 percent of my time --

     10    I can spend on it on an as-needed basis; or, more than that.

     11             And, particularly with my cocounsel, we have the

     12    bandwidth to do that.     But, my anticipation is to spend a

     13    substantial part of my time to make sure this important

     14    litigation is prosecuted.

     15             THE COURT:    Thank you very much, Mr. Safirstein.

     16             Mr. Pessah?

     17             MR. PESSAH:    Yes.    Good afternoon, your Honor.

     18             THE COURT:    Good afternoon.

     19             MR. PESSAH:    Thank you for the opportunity to address

     20    the Court and the Court's request that I prepare a brief

     21    statement guided by your Honor, with some questions, and I will

     22    be addressing some of those in my introductory remarks today.

     23             The fact that we are meeting via videoconference is a

     24    terrific example of how the events of last year have

     25    contributed to our reliance on technology.
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      1             While the tools we use to interact with the justice

      2    system have changed, the law remains a priority.        And, our laws

      3    continue, and should continue to govern and guide us.

      4             Never once did the obstacles of this new normal cause

      5    us to abandon longstanding principles of law that govern our

      6    commercial relationships and, where necessary, remediate the

      7    wrongs committed by large institutions.

      8             The same pertains to securities brokers.

      9             Online brokers and, in particular, Robinhood, have

     10    dramatically re-imagined a relationship between the public

     11    markets and retail investors.      Millions of people can now

     12    communicate online about investments, make decisions and trade

     13    securities and derivatives on an app with a push of a button

     14    from their mobile device.

     15             But, these innovations did not come at the expense of

     16    well-settled and legally recognized duties that govern brokers

     17    in the public markets.     And, we believe Robinhood ran afoul of

     18    those duties, as did some other brokers.       This is why we filed

     19    this lawsuit and why, since filing, we have sought to

     20    investigate and gather as much information as possible about

     21    what drove the events of January 28, 2021, and how those who

     22    were hurt by such events can access justice.

     23             As we outlined in our application, our firm has been

     24    retained by and collected information from over 4,600

     25    demographically diverse plaintiffs from all walks of life.
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      1    These victims run the gamut and include college students, young

      2    professionals, women and men from around the country who trust

      3    that their broker is going to honor their fiduciary duties.

      4             And, to hear, firsthand, the stories of these people

      5    has been a life-changing experience for me, personally, and I

      6    know I can say the same for members of my firm and our counsel.

      7    And, to be part of their path to justice would certainly be the

      8    honor of a lifetime.

      9             I know Mr. Ellis mentioned a video that we created.

     10    And, the reason why we created this video was like -- that was

     11    really to garner support and awareness for what had gone on,

     12    and to give a voice to our clients.

     13             There was a lot of, obviously, media attention and

     14    scrutiny around the events of January 28, 2021, and we wanted

     15    to give the perspective of these potential class members and

     16    give them a voice.

     17             We have tried to articulate that in aspects in

     18    relationships with counsel, and I am prepared to answer any

     19    questions the Court has.     I know we have outlined quite a bit

     20    of where we feel we can be helpful in our application, and I am

     21    happy to answer your Honor's questions.

     22             THE COURT:    Thank you very much.

     23             You don't want to be lead counsel.       You want a position

     24    on a committee.

     25             Can you elaborate on that?
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      1             Tell me what role you envision playing, contributing.

      2             MR. PESSAH:    Certainly, your Honor.

      3             Just a brief note about -- and I'm assuming I did put a

      4    footnote in our application.      It wasn't our intention to

      5    disregard what the Court's intentions were for this process,

      6    and certainly not to overburden the Court.

      7             The reason why we see ourselves well suited to serve on

      8    a committee is because we just really want to be honest about

      9    our capabilities and our level of experience.

     10             Some of our experienced attorneys here have served on

     11    MDLs.   I have done some class action work, and I have run my

     12    litigation practice for seven years, and have been practicing

     13    litigation for ten.     So, that was sort of the reason we wanted

     14    to make sure the Court understands who we are, and knows how

     15    many people we represent.

     16             And, I think where we can be most helpful -- and I sort

     17    of narrow it down to three potential categories -- one is,

     18    obviously, organizing and analyzing information.

     19             I think that there will be some need for us to

     20    collaborate with, obviously, leadership in terms of how they

     21    would like this information organized, analyzed.

     22             Certainly, there is plenty of software and digital

     23    tools that we have looked into already to dissect this

     24    information.

     25             We also feel we can be very helpful in law and motion
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      1    practice and advocacy in the study of the cases, counsel in

      2    those cases, in I think there is somewhat of a roadmap -- not

      3    exactly the same, but somewhat of a roadmap of how certain

      4    defendants are going to behave just procedurally in this

      5    litigation.

      6             We are, obviously, going to have a slew of motions to

      7    dismiss as Mr. Ursini has been -- very candidly outlined for us

      8    on April 19th.

      9             And then there is the question of how we can assist in

     10    terms of what type of information to ask for, the information

     11    that we have already received, which I want to be careful about

     12    discussing that too much because a lot of that is just

     13    privileged information coming to our firm from our clients.

     14             But, I think that level of -- and that -- that volume

     15    of information has given us a lot of clues about where we

     16    should look.     And, obviously, we want to collaborate with

     17    leadership about, you know, how we can tailor discovery, not

     18    only in terms of efficiencies, but in terms of substance, as

     19    well.

     20             THE COURT:    So, you mentioned organizing and analyzing

     21    the information, motion practice, and advocacy -- and what was

     22    the third?

     23             MR. PESSAH:    The third was tailoring discovery briefs

     24    and really being, both on substance and in terms of

     25    efficiencies -- what to ask for and how to ask for it.
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      1             I was speaking with Mr. Safirstein on Friday.         I know

      2    he has some unique ideas about how to make discovery more

      3    efficient.    We are certainly open to those.      And, obviously,

      4    that is going to require coordination with defendants, as well.

      5             I know Mr. Assaad mentioned that he felt strongly that

      6    there would be a lot of motions to compel.        Certainly, that is

      7    a possibility, and that's what happens in most litigation.

      8             But, I hope there will be an opportunity to avoid that

      9    and really engage in coordination, not only with leadership on

     10    the plaintiffs' side, but with defendants' counsel, as well, to

     11    determine if there is any way to structure our discovery in

     12    this case; what we can all agree on -- at least, a baseline of

     13    what is needed.

     14             THE COURT:    What substantive areas of expertise do you

     15    think you would bring to the case?

     16             MR. PESSAH:    Well, I have been practicing law for ten

     17    years.   And, we have, I think, very qualified attorneys and, of

     18    course, of counsel in this law firm.

     19             My specialty has been litigation throughout my

     20    practice.    I have litigated these specific claims before; I

     21    litigate against large banks in a class action context before.

     22    So, certainly, and -- I and my associates have MDL experience;

     23    the opioid litigation, the RoundUp litigation, the Volkswagen

     24    and diesel MDL -- so, both on the class action side and on the

     25    MDL side.    And, also in terms of just specific expertise and
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      1    focusing on litigation in the commercial context, I think it

      2    will contribute to our role here.

      3               THE COURT:    So, you do not envision being or occupying

      4    the position of lead counsel for any of the tranches, is that

      5    right?

      6               MR. PESSAH:    We are -- our complaint is against three

      7    Robinhood defendants.      So, we would like to focus on the

      8    Robinhood-centric tranche, if there is one.        That's what most

      9    of our clients were using, the Robinhood platform.

     10               But, that is not to say that some of that information

     11    won't be useful to the other tranches.       And, we are certainly

     12    open to collaborating and sharing, obviously, with the other

     13    tranches.

     14               But, our focus has been very Robinhood-centric, and

     15    that's where we -- we are hoping we can play a role and focus

     16    on.   But we are -- have not applied for a top level leadership

     17    position, if you will.      We are looking for a seat on an

     18    executive committee that is specific to the Robinhood-centric

     19    tranche.

     20               THE COURT:    And can you give me assurances of the time

     21    commitment that you can make to this case?

     22               MR. PESSAH:    Of course.   We have been fully committed

     23    to this case since we filed our lawsuit on January 29th.          This

     24    case gets litigated, certainly gets addressed in our offices

     25    every single day.
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      1               Certainly, more than 50 percent of our time and our

      2    associates' time will be devoted to this case, on an as-needed

      3    basis; more, if that's required.

      4               But, we have really cleared our schedules to address

      5    this case, and we are fully committed to litigating and

      6    participating in this case.

      7               THE COURT:    What is your biggest concern about this

      8    MDL, including any problems or challenges that you will be

      9    facing?

     10               MR. PESSAH:    It is a sensitive area to discuss

     11    challenges.    I know there are people listening today.       But, I

     12    think that, you know, there is a challenge -- there is going to

     13    be a challenge that needs to be addressed in terms of really

     14    communicating with class members.      They have a lot of

     15    questions.    We get inquiries every single day from our class

     16    members.     And, I think that needs to be something that everyone

     17    looks at, because people want to know what's going on.

     18               So, I think that has to be something that is

     19    streamlined and that people pay attention to.

     20               Obviously, there are a lot of defendants in this case,

     21    and counsel will have their own ideas about what they want to

     22    focus on and what the viable legal theories are.

     23               So, I think one notable challenge is going to be

     24    building consensus around that.      But, I think that is possible.

     25    In speaking to all plaintiffs' counsel, I think it going to be
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      1    possible to achieve a consensus about what we focus on in each

      2    tranche.

      3               THE COURT:    Thank you very much, Mr. Pessah.

      4               MR. PESSAH:    Thank you, your Honor.

      5               THE COURT:    Ms. Salas?

      6               MS. SALAS:    Good afternoon, your Honor.

      7               Thank you for the opportunity to be interviewed with

      8    respect to my application for a leadership position in this

      9    case.

     10               In your Honor's first pre-trial order, the Court

     11    stated, that -- and this is my --

     12               THE COURT:    Ms. Salas, my court reporter is still

     13    having difficulty hearing you.

     14               MS. SALAS:    I will speak up.

     15               In your Honor's first pre-trial order, the Court stated

     16    that "The added demand and burden of this type of litigation

     17    places a premium on professionalism, and requires counsel to

     18    fulfill their obligations as advocates in a manner that

     19    postures and sustains good working relations among fellow

     20    counsel and the Court."

     21               I could not agree with your Honor more.

     22               I initiated collaboration in this case from the moment

     23    that our motion was granted and the case was transferred to

     24    this District.

     25               The best test of my leadership is the support I have
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      1    and the respect I have from my peers.       That support is on the

      2    record.   And, the majority of the support for my application as

      3    a lead counsel is not a product of any dealmaking.         And,

      4    instead, it is the organic product of demonstrated leadership

      5    over the last several months that includes Zoom meetings,

      6    countless phone calls, and emails.

      7              Now, thankfully, the Court does not have to choose here

      8    between professionalism, civility, and cooperation on the one

      9    hand and competence on the other.

     10              I stand before the Court on my own two feet, confident

     11    in my ability, and ready, willing, and able to prosecute this

     12    case on behalf of the putative class that I represent.

     13              I may not have been on every single signature block in

     14    every MDL action.

     15              I certainly have not filed the largest class action on

     16    behalf of plaintiffs in any case that happens, and

     17    particularly, with young lawyers who have been trained at top

     18    defense law firms.

     19              But, I have been appointed by a senior judge in this

     20    court as the designated MDL clerk, and have worked on the

     21    inside of a complex consumer class action MDL.        And, I have

     22    worked in the trenches with prominent law firms and

     23    institutions; most recently having served as assistant general

     24    counsel to the University of Miami in the midst of a global

     25    pandemic.
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      1             I have served in all these roles on a strategic level

      2    and, importantly, I have substantive experience over the state

      3    law tranche claims that I seek to lead.

      4             My first, ever, jury trial to verdict was a negligence.

      5    That is, of course, one of the primary claims at issue in the

      6    state law tranche that I have asked to lead.

      7             I did the voir dire, as the third-year lawyer, voir

      8    dire on the economy experts and the closing.        I won the full

      9    amount for my client.

     10             My first year at Foley and Lardner, I tried to verdict

     11    a conspiracy claim, one of the other claims at issue in this

     12    case.

     13             I represented the plaintiffs against the largest

     14    developer in the state of Florida, and also one of the most

     15    well-connected and most ably represented in a case that few

     16    lawyers would have been able to see through to the finish line.

     17             While both at Coffey Burlington and Foley and Lardner,

     18    I was on the other side, the defense side of a high stakes,

     19    billion-dollar securities action.

     20             I have successfully defended those actions, and can

     21    anticipate all of those issues here, and work with specialists

     22    on those tranches.

     23             I was specifically recruited to the plaintiffs' side,

     24    Ferraro, by a former colleague which, again, speaks to the

     25    respect that I have from fellow practitioners.
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      1             A fellow colleague at Foley Lardner, who is also a

      2    former law clerk to Judge Leslie Rothenberg, is also part of

      3    our firm.

      4             And, I have worked thus far as counsel in a putative

      5    class action on behalf of current black McDonald's owner

      6    operators, franchisees, for racial discrimination under

      7    Section 1981, in what really is a modern-day equivalent of

      8    sharecropping and redlining.

      9             I am being tasked with a growing consumer class action

     10    practice and MDL group.

     11             Now, I am confident in my ability.       But, I am very

     12    aware that a case of this size, and in an MDL, in particular,

     13    it takes a village to see that case through.

     14             So, standing behind me in support is the full force of

     15    the Ferraro Law Firm.     I am, of course, not a sole

     16    practitioner.    I have the Ferraro firm and the assistance of

     17    lawyers such as Jim Ferraro, who has served the needs in the

     18    leadership position in mass tort cases, who has more

     19    seven-figure verdicts than any other plaintiffs' mass tort

     20    firm, and whose work, both as a trial and appellate lawyer,

     21    which includes close to a hundred cases to verdict, has really

     22    helped to shape the landscape of Florida tort law.

     23             His son, who is a cocounsel in this case, was a former

     24    trader on Wall Street.     So, he brings industry-level expertise.

     25    And, he also has significant MDL experience, having worked with
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      1    Zantac, opioids actions.

      2             I am also fortunate enough that the firm has committed

      3    a significant amount of financial and human resources to this

      4    case.

      5             We are not a small firm or a firm that is at risk of

      6    being inundated here.     We been have been around for more than

      7    30 years.   We never seek litigation funding.       We are staffed in

      8    Miami with over 20 attorneys, both trial and appellate lawyers,

      9    at the trial and appellate levels.

     10             And, also, if you include our affiliate law firm,

     11    Kelley and Ferraro, we have over 50 lawyers on our team.

     12             So, we have what it takes to see a case of this nature

     13    through to the end.

     14             I am also proud to have the support of Professor Bruce

     15    Rogow, who is here today, and whose reputation precedes him.

     16    It also speaks to my work in the overtime litigation in which

     17    Mr. Rogow, Professor Rogow served as lead counsel, and dealing

     18    with such interface directly on class certification issue;

     19    scheduling orders, all of the issues that have been set out in

     20    this record here today.

     21             He will not only help round out our team, but really

     22    will help us here for the benefit of the class, and brings in

     23    knowledge and experience as special counsel, should we need

     24    him, for the class.

     25             And, finally, my cocounsel, Sean Burstyn, who is not
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      1    able to be here today -- it's a Jewish holiday -- but who is a

      2    recent clerk for Judge Scola, who also has been on the defense

      3    side of class actions, working in New York at Skadden Arps, who

      4    brings his energetic view and a real passion for the facts of

      5    this case, which are also going to be a huge benefit in this

      6    case.

      7             I am humbled by all of the support, and thank the Court

      8    for having me here before you to answer questions.

      9             And, with that, I am available to the Court for

     10    questions.

     11             THE COURT:    Thank you, Ms. Salas.

     12             Would you speak to the leadership structure that you're

     13    proposing and compare it to the structure that Mr. Klafter

     14    proposed?

     15             MS. SALAS:    Yes, your Honor.

     16             I am proposing a three-total lead structure; that the

     17    lion's share of the work in this case -- and this -- this is

     18    really guided by the chart that was filed with the Court, a

     19    case chart that was filed in the case initial conference --

     20    that chart lays out that the lion's share of the work in the

     21    case is going to be in the Robinhood tranche, which is how

     22    Mr. Klafter named it.     And, I am naming it, instead of by the

     23    defendants, I am naming it by the type of action, which is more

     24    in the line of state law tranche.      That is where the lion's

     25    share of the work, in our opinion, will be in this case.
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      1             So, we would propose a full lead structure.

      2             So, I would -- I would seek to lead that tranche,

      3    alongside Mr. Ellis.     It is a state law cause of action.       Also,

      4    substantively, as I just mentioned, these are the claims that I

      5    feel that I can represent most substantively.

      6             THE COURT:    Don't the -- don't the broker dealers also

      7    involve state law claims?

      8             Would you address Mr. Safirstein's remarks that

      9    essentially, you have two tranches that deal with state law

     10    claims, right?

     11             MS. SALAS:    Yes, your Honor.    We have two different

     12    views of the tranches.     Our view is that the tranches should be

     13    divided in terms of the nature of the claims.

     14             And, the view that -- that Mr. Safirstein and

     15    Mr. Klafter have put forth is more towards the type of

     16    defendant involved.

     17             So, in this case, you have 50 cases that involve TD

     18    Ameritrade, out of 55.     I agree with Mr. Ellis that these

     19    issues can be addressed in the complaints through, you know,

     20    the rules you'll find under the joinder.

     21             I don't think that there needs to be a division of the

     22    leadership level with respect to defendants.

     23             Instead, I think that that if you confine the claims,

     24    that you have two coleads for state law causes of actions, and

     25    that includes the Robinhood entities, and the other entities,
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      1    and a special designation can be addressed at the executive

      2    committee, but at the PSE level.

      3             And then you have a third, which is the antitrust, and

      4    a fourth, which is securities.

      5             So, essentially, you are looking at four leads.

      6             And, underneath each of those leads, an executive

      7    committee.    And, what we propose is an executive committee of

      8    approximately three each, for a total of 17, as far as the

      9    leads and the executive committee, instead of what was

     10    addressed earlier, which is 17 total leads.

     11             So, we are looking at three total leads, setting aside

     12    securities.

     13             And, I think -- and the important point here is that as

     14    far as the representation of counsel, I think -- of the

     15    class -- which I keep coming back to -- and also for

     16    efficiency, which is -- should be our guiding principle in the

     17    Court is that the class needs to be heard with one voice.

     18             So, I am a proponent of having mass hearings as to the

     19    total leads at the top.     But, again, with respect to the

     20    endorsements on my application, I think that that speaks to my

     21    ability to work with others at the executive committee level so

     22    that everyone's voice would be heard, including the TD

     23    Ameritrade and other broker dealers clients.

     24             THE COURT:    Can you describe the time commitment you

     25    can make to this role that you are proposing to have in this
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      1    case?

      2             MS. SALAS:    Yes, your Honor.

      3             I am committed to devoting over 50 percent, but up to a

      4    hundred percent of my time on this case.       It is an important

      5    case and, thankfully, I have the whole support of my firm

      6    behind me.   And, I am able to reallocate any work that I may

      7    have to devote a hundred percent of my time to this case.

      8             I understand the MDL scope and nature because I have

      9    been on the inside of it.     It takes a lot of time to manage the

     10    day-to-day management.     So, my firm has -- has supported my

     11    application, and I am willing to commit as much time that it

     12    takes, up to a hundred percent of my time.

     13             THE COURT:    What is your biggest concern about the

     14    problems or challenges we are going to face in this MDL,

     15    Ms. Salas?

     16             MS. SALAS:    We see some of them, we previewed some of

     17    them here today.    There is -- the nexus of this case really

     18    involved Robinhood, and some of the more -- we can call it

     19    coconspirators, we have a lot of other defendants in some of

     20    these cases that may also feel like -- like they are victims in

     21    the case as much as our putative case.

     22             So, I think there could be an overcomplication of some

     23    of the legal issues, if you look -- if you try to look at it at

     24    a triangular level, instead of high level.

     25             And, I think if we can just go back to the arguments
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      1    that were made before the judicial panel where we saw the

      2    reason why these cases are before your Honor is because you

      3    have a discrete set of operative facts, that this occurred over

      4    a short period of time, such that, you know, those concerns, as

      5    far as the large number of defendants, in my view, shouldn't be

      6    of concern in that it needs to be addressed by scheduling

      7    orders, and through consolidated complaints in this case.

      8             THE COURT:    Thank you.    Thank you, Ms. Salas.

      9             MS. SALAS:    Thank you.

     10             THE COURT:    Mr. Saveri?

     11             You are muted, Mr. Saveri.

     12             MR. SAVERI:    Is that better?

     13             THE COURT:    Much better, thank you.

     14             MR. SAVERI:    I said good morning from San Francisco,

     15    where I -- I am this morning, and it is a pleasure to be here.

     16             I'm speaking on behalf of myself and my firm, including

     17    Steve Williams, Anupama Reddy, Chris Young -- we provided our

     18    biographies of the team we proposed along with the materials

     19    that we submitted.     So, we are grateful for the opportunity to

     20    be here today.

     21             Let me -- let me try to just jump in and answer a

     22    question about time commitment, your Honor.

     23             I and my firm are well experienced in having cases of

     24    this size.   I will be personally involved in the day-to-day

     25    management and organizations of the case.        It is the way I have
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      1    handled every case in which I have been appointed lead.

      2             We have significant experience in MDL litigation, other

      3    class actions.    And, any antitrust cases and complex

      4    litigation, we take these cases from inception to trial.

      5             Indeed, our firm appears to have the most numerous team

      6    devoted to this case, including Mr. Williams, Ms. Reddy, Chris

      7    Young, our paralegals, our investigators, our professional

      8    staff.

      9             Mr. Williams and I are two of the most experienced and

     10    accomplished plaintiffs' lawyers in the United States.         We have

     11    extensive experience managing and resolving cases of this type.

     12             I also note that we are close right now to wrapping up

     13    a jury trial in a large multidistrict case.

     14             On that note, we were preparing that case for trial

     15    when this case started.     So, we have demonstrated our ability

     16    to manage and lead and prosecute more than one case at a time.

     17             During that period, we did the investigation.         We filed

     18    the antitrust complaint.     I think, if you look at that 51-page

     19    complaint, it reveals substantial work product.

     20             Indeed, it was copied by many of the other counsel in

     21    this case, and has become a model in this case.

     22             During that period, we also moved the JPML Panel to

     23    initiate the JPML proceedings.      During that time, we have been

     24    involved in expert work.     We have taken affirmative steps to

     25    preserve records from third parties.
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      1             We have been involved in extensive discussions

      2    regarding leadership in Item 35 in front of your Honor at the

      3    last hearing.

      4             So, if there are any concerns or questions about our

      5    commitment to the case, I would just refer the Court to those

      6    items.

      7             You know, indeed, it is my observation that in this

      8    case, many of the lawyers and law firms have taken advantage of

      9    the work we have done and used that as a platform, themselves,

     10    as they filed their cases.

     11             You know, I think it is also important, too, to talk

     12    about the Rule 23(g) requirements.       Under Rule 23(g), there are

     13    a set of specific factors that the Court should cover in

     14    appointing lead counsel; one is the work done to investigate

     15    and identify the potential case.

     16             As I have noted, we were -- while not the first to the

     17    courthouse, we moved with remarkable dispatch to investigate

     18    and develop these claims.

     19             We have taken numerous affirmative steps to advance the

     20    case during that period.     The second would be our credentials

     21    and experience.    No firm applying for leadership in this case

     22    has the same credentials as myself or my partner, Steve

     23    Williams.

     24             Mr. Williams and I have over 55 years of experience in

     25    the field leading antitrust and other complex class actions.
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      1             We have organized cases as sole lead counsel or serving

      2    as committees with other lead counsel.

      3             We have taken these cases from inception to trial.

      4             I would also note that our junior lawyers, Ms. Reddy

      5    and Mr. Young have already had, in their careers, important

      6    substantive experience, which includes taking depositions, it

      7    includes working with experts, it includes conducting witness

      8    examinations in a complex antitrust trial.

      9             Third, knowledge of the applicable law -- I and the

     10    firm has substantial area expertise, not only in the area of

     11    antitrust law, but also in managing complex litigation.         It

     12    includes putting together a team of lawyers, managing

     13    discovery, preparing the case for trial, handling class

     14    certification.

     15             In terms of resources, this firm has the resources to

     16    represent the class.     This includes the professional resources

     17    of the firm, but also the financial resources of the firm.

     18             I know a case of this type can cost many millions of

     19    dollars with respect to -- and I know that because we -- we

     20    have incurred those expenses on behalf of our clients in a

     21    number of other cases -- and we are prepared to do that here.

     22             In terms of efficiency, your Honor, I think it is

     23    important to note that we are the only firm in San Francisco --

     24    with an office in San Francisco and New York.

     25             And, we would envision that the pandemic will unwind,
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      1    there will be in-person discovery depositions, and we are the

      2    only firm that has offices in both San Francisco and New York.

      3    And, I think that that's going to be a way of obtaining

      4    substantial efficiencies here.

      5              I guess I would also just stop for a moment on our

      6    commitment to professionalism.      Our firm's commitment to the

      7    values of civility and professionalism are very important.          We

      8    are organized, we are accountable, we have developed a

      9    reputation for working collaboratively and collegially, not

     10    only with members of the Plaintiffs' Bar, but also with other

     11    opponents, as well.     That is how we interact with each other,

     12    our opponents in the Court.

     13              And, recently, Judge Donato has recognized that, as

     14    well.

     15              So, maybe, your Honor, I will stop right there and

     16    pause, and answer any questions that you have.

     17              Thank you very much.

     18              THE COURT:    You have a presence on the west coast and

     19    on the east.    And, you are proposing yourself, Mr. Williams,

     20    Mr. Davis, Ms. Reddy, and Mr. Young.       Which of those are on the

     21    east coast?

     22              MR. SAVERI:    All of those lawyers right now are based

     23    in offices in San Francisco exclusively.       Mr. Williams spends

     24    time, plans on spending time post pandemic in the New York

     25    office.   But, our principal office of each of those lawyers is
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      1    in San Francisco, your Honor.

      2             THE COURT:    And you are proposing to be interim lead

      3    counsel over the antitrust tranche, is that right?

      4             MR. SAVERI:    Yes, your Honor.

      5             THE COURT:    And, I understand that your competitor for

      6    this is Mr. Schirripa, who is going to speak next.         He is being

      7    proposed, I believe, by the Ferraro Law Firm to head the

      8    antitrust tranche.

      9             And, since there has been some discussion of having

     10    colead counsel for each, could you speak to your ability to

     11    work with Mr. Schirripa in that capacity?

     12             MR. SAVERI:    Sure, your Honor.     I -- I am happy to work

     13    with Mr. Schirripa in that capacity.       We have been in some

     14    cases together.    Even during this case, we have had a

     15    collegial, collaborative communication about the case.         I don't

     16    anticipate any particular issues with that, and I think that

     17    would be fine, to me.

     18             Ultimately, your Honor, it is a choice, which is your

     19    choice, about how many jobs are created and who fills those

     20    jobs.   I certainly have a preference for smaller and leaner

     21    structures.   Certainly, it is my experience that courts prefer

     22    nimble and agile leadership structures, and that would

     23    certainly call for smaller groups.

     24             Having said that, I worked in much larger groups.         And,

     25    it is really your decision, your Honor, and what makes the most
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      1    sense for this case, given what we know about this case right

      2    now.   And, I am happy to work with anybody who is part of this

      3    group.

      4              THE COURT:    How many master complaints do you envision,

      5    Mr. Saveri?

      6              MR. SAVERI:    I envision four, right now.     And, one

      7    would be -- I think the easy ones are kind of -- I don't know

      8    if they are the alpha and omega or the bookends of this case.

      9    This is -- the antitrust and the securities case, it seems to

     10    me there is a general agreement that those cases should have

     11    their own complaint.

     12              There is -- and I have heard the discussion today about

     13    how one is to group or organize the Robinhood or broker-dealer

     14    cases.

     15              My -- the idea of tranches, by the way, your Honor, is

     16    largely my idea in this case.      This is something that I have

     17    suggested in socializing with the group some months ago.

     18              And, I have always felt like four seems the right

     19    number.   I do think there are a couple of issues floating

     20    around in that, that probably should be kind of unpacked; one

     21    is how you organize the case, for pleading purposes, in a law

     22    practice, and how you deal with the motions to dismiss.

     23              But, I think it is also important to think ahead to a

     24    class certification in a Rule 23 practice.

     25              I think one of the things that is important about the
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      1    tranches is that to the extent there are claims that deserve or

      2    merit separate representation, in the class action context,

      3    that those have their own counsel, or own designated counsel,

      4    because there will have to be decisions made about those cases;

      5    how to proceed, how to define the classes and, ultimately, how

      6    to try those cases, and perhaps settle them.        And, giving some

      7    thought to how that develops, I think, is important.

      8             For pleading purposes, I -- I actually think I am

      9    agnostic about whether we have two separate complaints or one

     10    really big one.    And, it is really your decision, your Honor,

     11    about how best to organize the pleading.

     12             I suspect that whatever will happen will be a long way

     13    from Rule 8.    There will be a lot more than a short claim

     14    statement.     But, that really is a discussion for another day,

     15    your Honor.

     16             So, I don't know if that answers your question, but --

     17    or if that is helpful.     But, those are my thoughts.

     18             Excuse me, your Honor.      I would also just generally say

     19    that what Mr. Klafter describes is, I think, a proposal that

     20    was submitted to your Honor when we first -- last appeared.          I

     21    think that made sense at the time, and I still think it makes

     22    sense.

     23             THE COURT:    And what time can you commit to this case,

     24    Mr. Saveri?

     25             MR. SAVERI:    Well, your Honor, I think certainly in the
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      1    short term, if I am going to be appointed, this may be my

      2    biggest commitment because -- because -- and that, when I say

      3    biggest commitment, I say virtually all of my time and the time

      4    of my team, because we are going to have important work to do,

      5    including the organizing the pleadings and addressing the

      6    issues that we were just talking about.

      7             And again, we -- a week ago, I would have said I have a

      8    trial set to start in June, in San Francisco.        But, the Court

      9    couldn't get the folks as part of the venire for the jury.          So,

     10    that has been postponed.

     11             So, in a lot of ways, this is perfect.        We really have

     12    an opening in our schedule.      We have been preparing a big

     13    antitrust case to trial and we can -- we have been working on

     14    this case, at the same time.      This will be our -- if appointed,

     15    it will really be our full -- get our full attention.

     16             THE COURT:    Thank you, Saveri.

     17             MR. SAVERI:    Thank you, your Honor.

     18             THE COURT:    Mr. Schirripa.

     19             MR. SCHIRRIPA:    Good afternoon, your Honor, Frank

     20    Schirripa on behalf of --

     21             THE COURT:    You need to speak louder.      We can't hear

     22    you, Mr. Schirripa.

     23             MR. SCHIRRIPA:    Good afternoon, your Honor.      Frank

     24    Schirripa from the law firm of Hach, Rose, Schirripa and

     25    Cheverie.
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      1             Can you hear me now?

      2             THE COURT:    Not much better.

      3             MR. SCHIRRIPA:    I would like to start out thanking the

      4    Court for the opportunity to present and speak to you today,

      5    speak to your Honor about my qualifications, my firm's

      6    qualifications.

      7             I am a second generation Italian lawyer.

      8             My parents were civil workers in New York City.

      9             I was born and raised, grew up in New York City, just a

     10    stone's throw from Wall Street.

     11             So, I have been -- I have always been drawn towards the

     12    law.   So, upon graduation from law school, I started litigating

     13    and working in securities litigation at the Seyfarth firm,

     14    predominantly in securities class actions.

     15             I worked there for about seven years with another firm

     16    which branched out and gave me more experience in consumer --

     17    financial consumer cases and antitrust cases.

     18             In 2011, I started my own firm, and we have

     19    consistently grown and added to our attorney base.

     20             I have associates that have been with me since the

     21    beginning.   I have an attorney that I have worked with over the

     22    last 20 years and, in the past, other law firms, and brought

     23    them on with me.

     24             We have a diverse group of attorneys, male, female,

     25    ranging in experiences, having been defense counsel,
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      1    plaintiffs' counsel, and as much as 40 years' experience to

      2    complement my 20, 30, plus another attorney.

      3             And, we have litigated predominantly securities and

      4    antitrust, consumer class action cases, a large number of MDL

      5    matters in which we have had an executive position, in a

      6    steering position, or been in a position where we were able to

      7    contribute significantly to the case.

      8             Sorry, are you having a hard time hearing me?

      9             THE COURT:    I am.   You are coming in very faintly, yes.

     10             MR. SCHIRRIPA:    I apologize.    I am calling from a hotel

     11    room in the Bahamas.     I am here speaking at an investor

     12    conference.   We did lose power earlier, and I am doing my best

     13    with the wifi we have here.

     14             So, my thought towards this litigation -- and

     15    obviously, as your Honor pointed out earlier, I have been

     16    focused on the antitrust components.       I do know Mr. Saveri.     I

     17    do respect him very well, his law firm.

     18             I worked a case previously, a Bank of New York FX

     19    litigation with his partner, Steve Williams, and I respect the

     20    work that they have done in the antitrust law and other

     21    consumer and securities cases.      I would welcome the opportunity

     22    to work with him in whichever capacity the Court does deem to

     23    assign leadership.     And, I think I reached out to Mr. Saveri a

     24    few weeks back, and we kind of spoke about that briefly.

     25             However, my application, in what I presented, I do
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      1    believe my firm has the resources and the experience, both in

      2    human capital and financial capital, to lead the antitrust

      3    involved in the case.

      4              Having litigated in these cases over the last 20 years,

      5    I have developed a reputation of being a fair, honest,

      6    inclusive attorney.     And, I would like to bring in other

      7    attorneys to work in these cases.

      8              I have trained and mentored the associates within my

      9    firm to take key roles and assume responsibility in the cases

     10    that we have been part of.     And, most recently, in the generic

     11    price fixing antitrust case, one of my associates, who has been

     12    with me for about seven years now, he was handling discovery

     13    for two of the defendants in that case, point person, under my

     14    leadership, of discovery issues there, to enable him to develop

     15    his skills as an attorney.     He learned from other attorneys

     16    outside of our firm.

     17              I think that is a key component in MDL litigation, in

     18    large class action litigation.      There is so much you can learn

     19    from your immediate mentors and who you work with on a daily

     20    basis.    But, when you combine attorneys from other firms

     21    together, accomplished attorneys working with younger

     22    attorneys, you get to develop, both as a mentor and as a

     23    mentee.   And -- more and more, and engage more in this process.

     24              So, I do enjoy litigating class action, MDL-related

     25    matters because of that camaraderie and mentorship ability that
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      1    it provides both younger attorneys as well as older attorneys

      2    to really polish and practice their technique.

      3             Are there are any particular questions your Honor has

      4    at the moment?

      5             THE COURT:    Thank you, Mr. Schirripa.

      6             You heard Mr. Saveri make a commitment to investing the

      7    time necessary in this case, were you appointed and/or his law

      8    firm appointed in a leadership role.

      9             In your application materials, you -- you describe how

     10    your firm is serving on the plaintiffs' executive committee in

     11    the Eastern District of Pennsylvania, and in an antitrust

     12    litigation that is also working with the plaintiffs' steering

     13    committee in another antitrust case there, as well, a series of

     14    complex cases alleging price fixing.

     15             So, what time commitment can you make, if you are given

     16    a leadership role over the antitrust tranche in this MDL?

     17             MR. SCHIRRIPA:    My role in these particular cases are

     18    supervisory of our attorneys in my office.        And, I am able to

     19    dedicate more than 50 percent of my time to this litigation.

     20             I am fortunate to be in a position where we have

     21    resolved a few matters through mediation and settlement right

     22    now, kind of clearing my calendar.

     23             I met with my partners, and we started to refocus some

     24    of the cases that I am actively involved in to them, in the

     25    event that your Honor does place me in a leadership role here.
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      1    So, I would be really making this case my number one priority.

      2             And, I do have the support of my partners and

      3    associates within the firm to make sure that we can make

      4    commitments to take on a case of this size.        I have mitigated

      5    many of these cases over the years.       So, we know what that

      6    takes.

      7             THE COURT:    What can you offer in terms of your

      8    insights about the overall structure of leadership in this MDL?

      9             MR. SCHIRRIPA:    I think it is important, having

     10    litigated antitrust consumer and securities cases in five

     11    cases, I have an intimate knowledge of the PSR-related

     12    antitrust consumer matters, and I can see how there is an

     13    interplay and how it will play out.

     14             I do think it is important to have distinct leadership

     15    over obviously PSR securities cases.       There, let's put that to

     16    the side, because that is -- that is a separate issue.

     17             But, here, with the antitrust, and as well as the state

     18    law claims, you want to have leadership that is working

     19    together.

     20             There is significant overlap in a case like this.         And,

     21    in my complaint, Mr. Saveri's complaint, they do have the state

     22    law claims in there, as well.      It is not just drafts of these

     23    complaints as an antitrust-only complaint, and then there is a

     24    state law complaint elsewhere.

     25             So,derivatively, looking at this case, how does it get
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      1    litigated?

      2             It is important to realize there is tremendous overlap

      3    in the issues.

      4             In the Bank of New York FX litigation, I had the -- I

      5    represented the plaintiff in that case, and it was -- we had a

      6    consumer claim case, a breach of implied good faith and breach

      7    of contract claim.

      8             And there, it was simultaneously litigated with a

      9    securities case, an ERISA case.      We had combined efforts to do

     10    combined discovery and overlapping issues.        So, the structure

     11    there -- it is important to have dedicated attorneys in each

     12    particular discipline.     But, it is important to also have a

     13    good view of the entire case and the interplay to make sure

     14    that they all work together.

     15             There is -- there was discussion amongst the plaintiffs

     16    on this call about one lead, two lead, three lead, and a

     17    cochair, which is a -- may be a shadowing in the sense,

     18    something that I have seen in other cases where there is -- two

     19    or three or four court-appointed leads, and then there is

     20    shadow leads that operate almost with the same level of

     21    authority as the lead, but they are not given that title.

     22             I think, in the right circumstances, that does work.

     23    If there is an executive committee that -- with each individual

     24    grouping, you could have more attorneys in the driver's seat,

     25    making sure that everything is being covered; but, also not a
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      1    bloated structure that you have too many people that -- with

      2    titles but no real responsibility.

      3               And I think, particularly, in the generic drugs price

      4    fixing case, which is -- it was being run by Roberta

      5    Liebenberg, the liaison counsel there, overseeing a committee

      6    of eleven plaintiffs' firms who were named as plaintiffs'

      7    executive committee, then, below that were plaintiffs' firms

      8    that were not specifically named as executive committee, but

      9    they have been a given substantial amount of work to do in the

     10    case.

     11               And there -- you know, there is the financial

     12    commitment being given to the litigation, assessments.         It

     13    is to help fund the litigation.

     14               But, also, they are putting the money where their mouth

     15    is.     They are working the case, providing real support.

     16               And, this is a structure that I see working here, where

     17    you will have large firms specifically assigned to the

     18    discovery-related issues with a particular defendant, getting

     19    involved with meet and confers, obviously, document review, and

     20    some of the briefing issues.

     21               So, I do think a leader-type level that will allow for

     22    other people to come below, certainly.       And, I have experienced

     23    that, on both ends.     I was leader and also in a lower level,

     24    you know, nonlead position in cases.       I think that works if

     25    everyone is working together.
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      1               THE COURT:   How many master complaints do you envision?

      2               MR. SCHIRRIPA:   I think antitrust should have its own

      3    separate complaint.     The legal issues there, possibly stand --

      4    and I say stand alone, in the securities complaint, I do think

      5    the state law claims -- it could be -- possibly, it could be

      6    one master complaint with the antitrust and the state law

      7    issues.    And, because that is how we drafted it initially.

      8               It possibly could be divided into two separate

      9    complaints, the state law and antitrust complaint, and state

     10    law complaint, with TD and the others, grouping with Robinhood.

     11    Many of the legal issues are going to be the same, the briefing

     12    is going to be the same.

     13               Perhaps, as Mr. Saveri mentioned earlier, these are

     14    class certification issues with subclasses, and you can have

     15    assigned counsel to be responsible for representing a

     16    particular subclass to make sure that you are fully, you know,

     17    vetting subclass issues and issues that relate to those

     18    specific group of investors and those defendants.

     19               So -- and obviously, the securities case will be off on

     20    its own.    So, you have a securities complaint, and really, it

     21    would be something we work through without really getting too

     22    far into the work product and work strategies.

     23               THE COURT:   Thank you very much, Mr. Schirripa.

     24               MR. SCHIRRIPA:   Thank you.

     25               THE COURT:   And Mr. Willey, you are the last one.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 88 of 113
                                                                                 88


      1             MR. WILLEY:    May it please the Court.

      2             THE COURT:    Yes.

      3             MR. WILLEY:    Your Honor, Roy Willey.     I represent David

      4    Moody and his wife, Julie Moody in cases brought against five

      5    defendants, Robinhood and Citadel defendants, from the

      6    Anastopoulo Law Firm in Charleston, South Carolina.

      7             And this case appeals to me because I am the typical

      8    Robinhood user.    I am a 34-year-old, and the first generation

      9    of my family to spend at least the latter part of my childhood

     10    in the middle class.     I was raised by a single mother who

     11    attended night school to get her associate's degree, which led

     12    her to a good job and decent living, and allowed her the

     13    opportunity to have access to the market.

     14             I was the first in my family to graduate from a

     15    four-year college and, certainly, law school.        In fact -- which

     16    I never knew a lawyer until college.

     17             It is this experience, through my mom and then through

     18    my origin story, where I witnessed, firsthand, the power of the

     19    free market, the power of capitalism, and where access is often

     20    the differentiator between the haves and the have-nots.

     21             And, that's why this case is extremely important and

     22    personal to me.    It is not just another case.      But, it is a

     23    case about a whole generation of Americans and a whole class of

     24    Americans that have had the free market opened up to them by

     25    Robinhood and other traders and apps, and then taken away
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 89 of 113
                                                                                 89


      1    simply because of the power of collective masses in that

      2    market, they claim, were too much for it to bear.

      3             But, we know what was really going on.        And, what was

      4    going on is the collective power of the masses began to

      5    accumulate more wealth and more power than those who

      6    traditionally had, the hedge funds and those that invest in

      7    them.

      8             And so it is that experience, that life experience that

      9    brought me to this case and made this case appeal to me.

     10             And, it is through a combination of frankly, good

     11    fortune, foresight, timing, and hard work, that that experience

     12    aligns very well with the needs of this case because I have had

     13    significant class action trial litigation and complex

     14    litigation experience, despite my age.

     15             I currently serve as lead of a class action in this

     16    District in a case in front of Judge Singhal.        I have been

     17    nominated and elected as chair of the Business Interruption

     18    Litigation Task Force by hundreds of plaintiffs' lawyers for

     19    the American Association of Justice, which I currently lead in

     20    coordinating hundreds of members through multiple MDL

     21    processes, class actions, and individual actions arising out of

     22    the business interruption losses.

     23             And, in addition to that, I have significant trial

     24    experience.   In fact, on the very first day that I was sworn in

     25    as a lawyer, I picked a jury in the morning, drove to get sworn
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 90 of 113
                                                                                 90


      1    in, and then came back for the opening statements the following

      2    day.   And, since then, I haven't stopped trying cases.

      3             I enjoy trying cases because I truly believe that the

      4    courtroom is the one place in this country where simple people

      5    like Mr. and Mrs. Moody can bring Robinhood and its billions of

      6    dollars in revenue and profits, the hedge funds and the

      7    investors from Wall Street into the same room and sit across

      8    the aisle and actually be on a level playing field.

      9             And, that's what this case is about.       And, that is why

     10    my life experience, combined with my experience in the

     11    courtroom and in leading class actions, which is what these

     12    cases are, and in trial experience and complex litigation, will

     13    significantly benefit the putative classes in this case.

     14             And, I would point out that I have worked tirelessly on

     15    this case since the beginning, both on the merits of the case

     16    and discussing the merits.

     17             I have discussed the case several times with lawyers on

     18    this call.   And, although Ms. Furst and I, for example, are in

     19    the same time zone, we have spoken after-hours before taking

     20    our evening run about the case.

     21             And, I have spoken with lawyers in California,

     22    after-hours on the case, as well.      And, I would note that if we

     23    do go back to a pandemic where flights are limited, Charleston

     24    is roughly halfway between the New York and Miami.         So, it is a

     25    good stopover point, and we have plenty of transfers.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 91 of 113
                                                                                 91


      1              But, I would say, in all candor, your Honor, that I do

      2    believe that the structure of this case should be relatively

      3    simple.   I coordinated with the lawyers on this call early on,

      4    on the tranche system with Mr. Saveri, with Mr. Klafter, Ms.

      5    Furst and others, and I believe that the four-tranche system is

      6    the most efficacious way for the case and would provide the

      7    most efficiencies.

      8              And, I think that the tranches should be divided by

      9    defendants, not by claims, because it is still unclear to me

     10    how you would have complaints with individual defendants that

     11    would stretch across tranches when you are attempting to do

     12    discovery and motions practice.

     13              I would also point out for the Court that the lawyers

     14    on this case, for the most part, have worked well together, and

     15    that I -- I do believe that any lawyers that are appointed in

     16    the case will work hard for the putative classes.         And, in

     17    fact, we did have earlier consensus on structures.         But, I do

     18    not believe, personally, that a structure that has 12 or 17 or

     19    20 members of an executive committee per tranche is in the

     20    benefit of the classes.     And, that is really what I am most

     21    concerned with in this case.

     22              I -- I, of course, would like for the lawyers in all of

     23    the cases to be rewarded for their work.       But, I also think,

     24    and I know, because I know several of these people, that there

     25    are individual class members that have their life savings tied
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 92 of 113
                                                                                 92


      1    up into this case and into the outcome of this case.

      2             And, it is incumbent upon us, as their advocates and

      3    upon the Court, to ensure that we bring this case to as

      4    efficient and quick a resolution as possible.

      5             And, anything done in committee, in general, slows

      6    things down.    When you start talking about 40 and 50-member

      7    committees, we have calls much like we have had in this case,

      8    which, while they have been productive, have not really

      9    garnered a lot of progress, which brings us before your Honor

     10    today.

     11             And, I would just simply close my remarks with this,

     12    which is a quote from President Bush, which simply says, "Free

     13    market capitalism is far more than economic theory.         It is the

     14    engine of social mobility, the highway to the American dream."

     15             And, that is what this case is about; somebody got in

     16    the way of ordinary Americans who were trying to take advantage

     17    of that highway to the American dream, and this case, largely,

     18    will decide whether or not, in this country, that is okay.

     19             THE COURT:    Thank you very much, Mr. Willey.

     20             That was an excellent presentation.

     21             You envisioned a similar structure to the case than

     22    some of the proposals that we have read and heard about today.

     23             Tell me how you would structure it.

     24             MR. WILLEY:    Well, I am not so sure it is different

     25    than all the structures you have heard about, but I think that
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 93 of 113
                                                                                 93


      1    the four-tranche structure, with a lead and additional cochair

      2    or colead, is really the best way to proceed.

      3              And I think, of course, I also -- and I said this in my

      4    paper, support Ms. Furst as liaison counsel.        I think it is

      5    important that we have that.      And, she has done a phenomenal

      6    job thus far in that regard, which, by the way, although she

      7    was humble -- and why no one else would apply.

      8              And, I would also, you know, just note for the Court

      9    that I do think that there is some room beyond that for a

     10    committee structured around discovery and some of the other

     11    issues.

     12              But, I think, largely, the co-leads need to look at

     13    each case and, more importantly, as far as what the Court

     14    wants, as far as a consolidated complaint, and then determine

     15    exactly what that would look like.

     16              You know, I was not willing to commit myself to 17 or

     17    20 other firms and supporting, you know, the applications and

     18    doing the political because I don't know what the case is going

     19    to look like, at this point.      And, I think this is the first

     20    step towards getting us there.

     21              Of course, I wish we could have done it by consensus,

     22    but that wasn't to be, and so we are here.        And, you know, it

     23    is really my interest to make sure that we get the actual case

     24    underway and move it forward for the members of the classes.

     25              THE COURT:   So, you are willing to serve as cochair, or
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 94 of 113
                                                                                 94


      1    on a steering committee, ideally.

      2              If you were appointed to some leadership position, what

      3    would you have it be?

      4              MR. WILLEY:    I would like to be the cochair, the colead

      5    on the Robinhood tranche.     That is the case that I filed.       That

      6    is the case that I and my associates have dedicated five

      7    lawyers at our firm that have been working on this case, have

      8    been -- they have been doing research on and really working

      9    towards this.

     10              Having said that, I think all of the cases are

     11    important.   And, at the end of the day, how the plaintiffs get

     12    their remedy is of less import to me than that they get a

     13    remedy.   And so if the Court saw it suitable for me to serve in

     14    some other case or in some other capacity, I would be willing

     15    to do that for the benefit of the classes, just as I have been

     16    all along.

     17              THE COURT:    And what time could you commit to, if you

     18    were given a leadership position?

     19              MR. WILLEY:    This case will be my primary case

     20    responsibility.    As I noted, we have a team of lawyers in our

     21    law firm that have been working on this case.        I have a team of

     22    lawyers on every case that I am assigned to in the law firm.

     23    And, we are prepared to shift responsibilities in those cases

     24    accordingly so that I can give this case my primary attention.

     25              THE COURT:    Thank you very much, Mr. Willey.
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 95 of 113
                                                                                 95


      1             MR. WILLEY:    Thank you.

      2             THE COURT:    I think we covered everyone who wanted to

      3    present and who submitted a -- an application to be considered.

      4             I want to thank everyone for their fine written

      5    presentations, as well as the oral presentations today.

      6             Again, my apologies for the technical difficulties we

      7    encountered this morning.     You would think by now we would have

      8    it right, and we didn't.     So, my apologies.

      9             I hope to have my decision for you this week to move

     10    the case along.

     11             And you all have a good day.

     12             And, for those on the west coast, have a nice lunch.

     13             ZOOM PANEL IN UNISON:     Thank you, your Honor.

     14             (Proceedings concluded at 4:10 p.m.)

     15

     16

     17

     18

     19

     20

     21

     22

     23

     24

     25
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 96 of 113
                                                                                 96


      1                           C E R T I F I C A T E

      2

      3               I hereby certify that the foregoing is an

      4    accurate transcription of the proceedings in the

      5    above-entitled matter.

      6

      7               Please note:    This hearing occurred during the

      8    COVID-19 pandemic and is therefore subject to the

      9    technological limitations of reporting remotely.

     10

     11

     12

     13
           May 19, 2021                /s/SHARON VELAZCO      _____
     14    DATE                      SHARON VELAZCO RPR, FPR
                                     Official Court Reporter
     15                              United States District Court
                                     400 North Miami Avenue,
     16                              Miami, Florida 33128

     17

     18

     19

     20

     21

     22

     23

     24

     25
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 97 of 113
                                                                             1


                 '                2121 [1] - 1:20                                   accustomed [1] -         79:23
                                                                      6
                                  21st [1] - 24:8                                  33:2                       age [3] - 11:10,
      '60s [1] - 5:8              22 [2] - 22:6, 22:7       60 [2] - 46:9, 46:12    achieve [1] - 62:1       12:23, 89:14
                                  23 [1] - 77:24            60-year [1] - 22:7      action [26] - 16:22,      agile [1] - 76:22
                 /                23(g [3] - 17:25,         600 [1] - 2:17         18:17, 21:25, 37:25,       agnostic [1] - 78:9
                                 73:12                      601 [1] - 2:21         39:20, 46:3, 46:4,         ago [3] - 30:25,
      /s/SHARON [1] -             24 [1] - 16:19            661 [1] - 2:12         46:24, 51:23, 57:11,      77:17, 79:7
     96:13                        25 [3] - 16:18, 16:19,                           59:21, 59:24, 63:14,       agree [7] - 24:24,
                                 19:3                                 7            63:15, 63:21, 64:19,      37:17, 52:20, 52:24,
                 1                2525 [1] - 1:23                                  65:5, 65:9, 67:23,        59:12, 62:21, 68:18
                                  26 [1] - 19:8             77056 [1] - 1:16       68:3, 78:2, 81:4,          agreeing [1] - 38:21
      1 [1] - 1:8                 27 [1] - 22:7                                    82:18, 82:24, 89:13,       agreement [2] -
      10 [1] - 11:4               28 [2] - 55:21, 56:14               8            89:15                     28:19, 77:10
      100 [1] - 1:15              2800 [1] - 1:20                                   actions [19] - 12:9,      ahead [1] - 77:23
      1000 [1] - 2:22             29403 [1] - 3:10          8 [1] - 78:13          17:11, 29:25, 30:6,        aid [2] - 30:13, 35:22
      10105 [1] - 2:9             29th [1] - 60:23          8:00 [1] - 33:2        33:5, 34:24, 35:6,         aim [1] - 32:2
      10573 [1] - 2:5             2nd [1] - 2:9             8th [1] - 3:16         37:11, 47:8, 64:20,        air [1] - 8:8
      10b-5 [2] - 49:10,                                                           66:1, 67:3, 68:24,         aisle [2] - 4:25, 90:8
     50:7
                                            3                         9            72:3, 73:25, 80:14,        algorithms [1] - 43:6
      10th [1] - 3:5                                                               89:21, 90:11               aligns [1] - 89:12
      11 [1] - 9:22               30 [12] - 7:15, 8:22,     90048 [1] - 2:13        active [2] - 40:8,        Alimehri [1] - 40:6
      11016 [1] - 3:5            10:14, 15:19, 15:20,       90067 [1] - 1:21       45:21                      allegations [1] - 45:5
      112 [1] - 3:4              16:2, 23:21, 24:3,         94108 [1] - 2:22        actively [1] - 83:24      alleged [1] - 41:2
      1150 [1] - 1:24            24:17, 46:25, 66:7,        95 [1] - 36:14          actual [3] - 11:18,       alleging [1] - 83:14
      11:55 [1] - 1:7            81:2                                              52:18, 93:23               Allergan [1] - 30:4
      12 [1] - 91:18              300 [1] - 46:9                      A             add [2] - 7:7, 29:6       allow [4] - 7:5, 7:6,
      12(b [2] - 10:14,           312 [2] - 46:8, 50:15                             added [5] - 21:18,       34:6, 86:21
     10:15                        32 [1] - 3:9              a.m [1] - 1:7          23:19, 23:24, 62:16,       allowed [1] - 88:12
      12:56 [1] - 33:24           33 [1] - 22:8             abandon [1] - 55:5     80:19                      allowing [2] - 7:9,
      1345 [1] - 2:8              33128 [2] - 3:17,         abetting [1] - 35:22    addition [1] - 89:23     16:9
      15 [4] - 11:4, 15:22,      96:16                      abilities [1] - 18:3    additional [2] - 39:6,    almost [4] - 9:19,
     24:2, 33:9                   33131 [1] - 2:18          ability [8] - 18:24,   93:1                      26:1, 37:15, 85:20
      17 [7] - 1:6, 8:5, 10:6,    33134 [1] - 1:24         31:15, 63:11, 65:11,     address [4] - 34:11,      alone [1] - 87:4
     69:8, 69:10, 91:18,          34-year-old [1] - 88:8   69:21, 72:15, 76:10,    54:19, 61:4, 68:8          alongside [2] - 30:5,
     93:16                                                 82:25                    addressed [6] -
                                  35 [3] - 24:3, 45:14,                                                      68:3
      1770 [1] - 1:15                                       able [11] - 8:11,      60:24, 61:13, 68:19,
                                 73:2                                                                         alpha [1] - 77:8
      19 [1] - 96:13                                       19:18, 21:4, 43:2,      69:1, 69:10, 71:6
                                  350 [1] - 2:4                                                               ALTONAGA [1] -
      1981 [1] - 65:7                                      52:17, 63:11, 64:16,     addressing [2] -
                                  38th [1] - 2:17                                                            1:11
      19th [1] - 58:8                                      67:1, 70:6, 81:6,       54:22, 79:5
                                                                                                              amenable [1] - 33:12
                                                           83:18                    administration [1] -
      1:20 [1] - 33:23                      4               ably [1] - 64:15       30:22
                                                                                                              American [3] - 89:19,
      1:21-md-02989-                                                                                         92:14, 92:17
     CMA [1] - 1:2                4,600 [1] - 55:24         above-entitled [1] -    advance [1] - 73:19
                                                                                                              Americans [3] -
                                  40 [6] - 10:14, 17:10,   96:5                     advantage [3] -
      1:32 [1] - 33:25                                                                                       88:23, 88:24, 92:16
                                 17:12, 37:13, 81:1,        acceptance [1] -       21:19, 73:8, 92:16
                                                                                                              Americas [1] - 2:8
                                                           36:5                     adversity [2] - 38:2,
                 2               92:6
                                                            access [3] - 55:22,
                                                                                                              Ameritrade [18] -
                                  400 [2] - 3:16, 96:15                            38:6
                                                                                                             13:6, 36:19, 36:21,
      2 [1] - 2:4                 45-minute [1] - 33:21    88:13, 88:19             advocacy [2] - 58:1,     37:3, 44:22, 45:2,
      2.7 [1] - 17:5              4:10 [2] - 1:7, 95:14     accomplished [3] -     58:21                     45:4, 47:17, 48:23,
      20 [10] - 17:11,                                     23:23, 72:10, 82:21      advocates [2] -          49:16, 49:22, 51:2,
                                                            accordingly [1] -      62:18, 92:2
     20:24, 23:20, 41:13,                   5              94:24
                                                                                                             51:22, 52:5, 53:13,
     66:8, 80:22, 81:2,                                                             afar [1] - 30:14         68:18, 69:23
     82:4, 91:19, 93:17           50 [8] - 14:13, 43:24,    account [2] - 11:10,    affect [1] - 12:15        Amir [1] - 40:6
      200,000 [1] - 37:13        54:9, 61:1, 66:11,        51:10                    affiliate [1] - 66:10     amount [9] - 15:12,
      2006 [1] - 17:2            68:17, 70:3, 83:19         accountability [1] -    afoul [1] - 55:17        30:19, 43:2, 48:14,
      2011 [2] - 5:16, 80:18      50-member [1] - 92:6     6:11                     after-hours [2] -        53:12, 53:25, 64:9,
      2013 [1] - 5:21             50-person [1] - 21:6      accountable [3] -      90:19, 90:22              66:3, 86:9
      2016 [1] - 46:17            51-page [1] - 72:18      6:17, 9:14, 75:8         afternoon [10] -          analyzed [1] - 57:21
      2021 [4] - 1:6, 55:21,      55 [3] - 7:14, 68:18,     accumulate [1] -       27:21, 34:1, 34:3,         analyzing [2] -
     56:14, 96:13                73:24                     89:5                    34:4, 44:12, 54:17,       57:18, 58:20
      208 [1] - 2:13              57 [1] - 7:14             accurate [1] - 96:4    54:18, 62:6, 79:19,        ANASTOPOULO [1]
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 98 of 113
                                                                             2


     - 3:8                      9:15, 11:16, 13:9,          as-needed [2] -          46:5, 80:19, 80:21,       18:10, 18:11
       Anastopoulo [1] -        34:9, 34:19, 44:19,        54:10, 61:2               81:2, 82:6, 82:15          BEFORE [1] - 1:10
     88:6                       47:23, 53:14, 53:22,        aside [4] - 35:3,         attorneys [35] - 4:24,    began [3] - 29:20,
       AND [1] - 3:4            55:23, 56:20, 57:4,        38:24, 49:9, 69:11        6:1, 6:24, 7:6, 7:10,     31:11, 89:4
       Angeles [1] - 1:21       62:8, 63:2, 69:20,          aspect [1] - 25:23       7:17, 7:21, 8:14, 9:20,    begin [2] - 4:16, 5:6
       animated [1] - 22:1      70:11, 81:25, 83:9,         aspects [1] - 56:17      13:19, 14:13, 28:15,       beginning [4] -
       animations [1] - 22:4    95:3                        ASSAAD [10] - 1:14,      30:10, 30:17, 32:2,       10:21, 13:15, 80:21,
       Ann [1] - 3:9             applications [4] -        4:7, 4:19, 9:7, 9:9,      32:17, 37:14, 37:15,      90:15
       ANNAGUEY [1] -           28:12, 31:21, 39:9,        14:1, 14:7, 14:25,        40:5, 47:4, 57:10,         behalf [10] - 30:1,
     1:19                       93:17                      15:11, 16:4               59:17, 66:8, 80:24,       44:8, 49:22, 63:12,
       answer [14] - 5:3,        applied [9] - 11:22,       Assaad [17] - 4:3,       82:7, 82:15, 82:20,       63:16, 65:5, 71:16,
     20:6, 22:20, 23:8,         11:24, 12:16, 12:25,       4:4, 4:17, 4:21, 13:20,   82:21, 82:22, 83:1,       74:20, 79:20
     23:14, 26:11, 26:14,       13:5, 13:11, 28:4,         14:23, 16:3, 21:11,       83:18, 85:11, 85:24        behave [1] - 58:4
     27:2, 43:21, 56:18,        53:23, 60:16               24:24, 25:18, 28:3,        attracting [2] - 22:3,    behind [4] - 6:9,
     56:21, 67:8, 71:21,         apply [2] - 13:1, 93:7    35:4, 35:14, 35:18,       22:4                      9:17, 65:14, 70:6
     75:16                       applying [6] - 27:24,     37:7, 42:7, 59:5           authority [2] - 26:17,    believes [1] - 17:20
       answers [2] - 27:12,     28:15, 30:18, 44:22,        Assaad's [1] - 4:16      85:21                      below [3] - 26:4,
     78:16                      53:7, 73:21                 assert [1] - 36:14        available [5] - 20:13,   86:7, 86:22
       anticipate [2] -          appoint [1] - 17:22        asserted [3] - 35:2,     27:6, 32:22, 44:18,        benefit [9] - 9:11,
     64:21, 76:16                appointed [17] -          35:20, 39:3               67:9                      10:24, 28:18, 37:20,
       anticipation [1] -       10:25, 11:3, 11:6,          assessments [1] -         Avenue [7] - 1:20,       66:22, 67:5, 90:13,
     54:12                      11:13, 29:23, 47:20,       86:12                     2:8, 2:12, 2:17, 3:4,     91:20, 94:15
       antitrust [44] - 25:6,   47:25, 53:5, 63:19,         assign [1] - 81:23       3:16, 96:15                benefits [1] - 38:1
     35:3, 36:3, 36:6, 39:1,    72:1, 79:1, 79:14,          assigned [6] - 9:24,      avoid [2] - 11:2, 59:8    best [7] - 6:1, 32:18,
     40:22, 41:2, 41:7,         83:7, 83:8, 85:19,         11:8, 45:20, 86:17,        aware [2] - 45:11,       34:23, 62:25, 78:11,
     46:6, 46:19, 49:13,        91:15, 94:2                87:15, 94:22              65:12                     81:12, 93:2
     50:11, 50:12, 50:16,        appointing [3] -           assist [2] - 30:21,       awareness [1] -           better [6] - 5:18,
     51:11, 52:23, 53:1,        18:22, 32:1, 73:14         58:9                      56:11                     17:21, 34:17, 71:12,
     53:8, 69:3, 72:3,           appointment [2] -          assistance [1] -                                   71:13, 80:2
     72:18, 73:25, 74:8,        8:12, 28:5                 65:16                                B               between [8] - 43:13,
     74:11, 76:3, 76:8,          appointments [1] -         assistant [3] - 5:17,                              50:11, 50:14, 52:5,
     77:9, 79:13, 80:17,        47:5                       45:18, 63:23               background [1] -         55:10, 63:8, 88:20,
     81:4, 81:16, 81:20,         appreciate [4] -           Assistant [1] - 45:15    45:13                     90:24
     82:2, 82:11, 83:11,        27:17, 28:7, 38:17,         associate [1] - 29:13     backing [1] - 15:16       beyond [1] - 93:9
     83:13, 83:16, 84:10,       47:19                       associate's [1] -         bad [1] - 5:23            bickering [1] - 19:17
     84:12, 84:17, 84:23,        approach [3] - 26:12,     88:11                      Bahamas [1] - 81:11       big [6] - 7:18, 15:17,
     87:2, 87:6, 87:9           26:22, 40:16                associates [6] -          ball [1] - 6:9           27:8, 36:25, 78:10,
       antitrust-only [1] -      approaching [1] -         59:22, 80:20, 82:8,        bandwidth [1] -          79:12
     84:23                      25:18                      82:11, 84:3, 94:6         54:12                      biggest [10] - 15:8,
       Anupama [1] - 71:17       appropriate [1] -          associates' [1] - 61:2    bank [1] - 29:20         15:11, 18:17, 19:5,
       apologies [3] - 4:15,    25:3                        Association [1] -         Bank [3] - 36:9,         23:15, 37:12, 61:7,
     95:6, 95:8                  approval [1] - 11:18      89:19                     81:18, 85:4               70:13, 79:2, 79:3
       apologize [2] - 4:9,      apps [1] - 88:25           assume [1] - 82:9         banks [1] - 59:21         billable [1] - 23:23
     81:10                       April [1] - 58:8           assuming [1] - 57:3       Bar [1] - 75:10           billed [1] - 37:8
       app [1] - 55:13           arbitration [2] - 10:2,    assurance [1] - 14:8      bar [2] - 46:2, 46:3      billion [2] - 17:5,
       apparent [1] - 31:19     24:4                        assurances [1] -          Barbara [1] - 17:4       64:19
       appeal [1] - 89:9         arbitrations [1] -        60:20                      barriers [1] - 20:3       billion-dollar [1] -
       appeals [1] - 88:7       10:4                        assure [1] - 14:5         base [2] - 18:2, 80:19   64:19
       appear [1] - 44:14        area [4] - 47:15,          attempting [1] -          based [5] - 17:17,        billions [1] - 90:5
       APPEARANCES [1] -        61:10, 74:10               91:11                     17:18, 34:23, 36:1,        biographies [1] -
     1:12                        areas [1] - 59:14          attend [1] - 5:9         75:22                     71:18
       appearances [3] -         argue [1] - 7:6            attended [1] - 88:11      baseline [1] - 59:12      birthday [1] - 24:8
     2:1, 3:2, 45:10             argument [2] - 7:8,        attention [5] - 53:12,    basis [3] - 54:10,        bit [13] - 5:3, 5:20,
       appeared [1] - 78:20     8:19                       56:13, 61:19, 79:15,      61:3, 82:20               5:23, 6:3, 7:7, 8:6,
       appellate [3] - 65:20,    arguments [1] -           94:24                      Beach [1] - 45:1         8:8, 11:12, 16:17,
     66:8, 66:9                 70:25                       Attorney [2] - 45:15,     bear [2] - 30:9, 89:2    22:23, 24:17, 49:8,
       applicable [1] - 74:9     arising [1] - 89:21       45:19                      became [1] - 18:6        56:19
       applicant [1] - 33:9      arms [1] - 37:7            attorney [14] - 5:9,      become [3] - 6:1,         black [1] - 65:5
       application [23] -        Arps [1] - 67:3           5:17, 7:11, 7:24, 18:7,   39:17, 72:21               blends [1] - 12:7
     4:16, 5:22, 6:14, 8:5,      articulate [1] - 56:17    18:10, 28:3, 32:10,        becoming [2] -            blessing [1] - 11:18
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 99 of 113
                                                                             3


      bloated [1] - 86:1       brought [5] - 18:14,      13:14, 13:16, 13:18,   94:19, 94:21, 94:22,        challenge [3] -
      block [1] - 63:13       29:15, 80:22, 88:4,        14:6, 14:9, 14:17,     94:24, 95:10               61:12, 61:13, 61:23
      blocked [1] - 45:3      89:9                       14:20, 14:21, 15:12,    CASE [1] - 1:2             challenges [6] -
      Bob [1] - 29:22          BROWNE [1] - 1:19         16:2, 17:1, 17:6,       Case [2] - 29:12,         15:9, 15:11, 30:13,
      Bobby [1] - 32:11        Bruce [1] - 66:14         18:22, 19:7, 20:1,     31:1                       61:8, 61:11, 70:14
      bogged [1] - 19:16       building [1] - 61:24      20:10, 20:23, 21:9,     cases [75] - 5:18,         change [1] - 15:3
      book [2] - 36:23         bunch [2] - 15:20,        22:18, 23:4, 23:11,    10:3, 14:18, 15:17,         changed [2] - 13:2,
      bookends [1] - 77:8     25:14                      23:15, 24:9, 24:11,    18:14, 18:18, 19:12,       55:2
      born [6] - 18:4,         burden [1] - 62:16        25:2, 25:6, 28:18,     21:3, 21:24, 28:21,         changing [1] - 56:5
     20:25, 21:1, 80:9         Burlington [1] -          29:24, 30:11, 32:8,    30:7, 30:22, 31:11,         charge [2] - 34:10,
      bottleneck [1] - 16:1   64:17                      32:13, 32:14, 35:12,   32:9, 35:9, 36:14,         50:24
      Boulevard [1] - 1:23     Burstyn [1] - 66:25       37:8, 37:16, 39:7,     37:10, 37:11, 37:13,        charged [1] - 18:2
      boutique [1] - 16:19     Bush [1] - 92:12          39:10, 40:21, 41:12,   42:18, 43:1, 45:25,         Charleston [3] -
      branched [1] - 80:16     business [3] - 12:19,     41:19, 41:21, 42:21,   46:6, 46:8, 46:16,         3:10, 88:6, 90:23
                              25:13, 89:22               42:25, 43:7, 43:9,     46:20, 47:9, 49:15,         chart [3] - 67:18,
      breach [9] - 29:16,
                               Business [1] - 89:17      43:12, 43:13, 43:18,   50:15, 50:16, 50:17,       67:19, 67:20
     29:17, 34:25, 35:21,
                               busy [1] - 10:16          44:4, 46:4, 46:7,      54:3, 58:1, 58:2,           Cheverie [1] - 79:25
     50:9, 85:6
                               button [1] - 55:13        46:14, 47:15, 47:18,   65:18, 65:21, 68:17,        CHEVERIE [1] - 3:4
      breaches [2] - 43:15
                                                         48:7, 48:8, 48:14,     70:20, 71:2, 71:23,         child [1] - 20:16
      break [3] - 4:14,        BY [1] - 3:13
                                                         48:23, 49:13, 49:14,   72:3, 72:4, 72:11,          childhood [1] - 88:9
     10:6, 33:21
                                                         50:7, 50:8, 50:12,     73:10, 74:1, 74:3,
      breakfast [1] - 33:22              C               50:14, 50:16, 51:11,   74:21, 76:14, 77:10,
                                                                                                            Children's [1] - 48:1
      breast [2] - 18:22,                                                                                   choice [2] - 76:18,
                               CA [3] - 1:21, 2:13,      51:22, 52:6, 52:22,    77:14, 78:4, 78:6,
     32:13                                                                                                 76:19
                              2:22                       52:23, 52:24, 53:17,   80:17, 81:4, 81:21,
      breathe [1] - 14:19                                                                                   choose [1] - 63:7
                               calendar [1] - 83:22      54:7, 59:12, 59:15,    82:4, 82:7, 82:9,
      Brickell [1] - 2:17                                                                                   chose [1] - 19:21
                                                         60:21, 60:23, 60:24,   83:14, 83:17, 83:24,
      brief [3] - 45:13,       California [5] - 2:21,                                                       Chris [2] - 71:17,
                                                         61:2, 61:5, 61:6,      84:5, 84:10, 84:11,
     54:20, 57:3              18:4, 33:6, 43:14,                                                           72:6
                                                         61:20, 62:9, 62:22,    84:15, 85:18, 86:24,
      briefing [6] - 10:11,   90:21                                                                         Circuit [1] - 24:13
                                                         62:23, 63:12, 63:16,   88:4, 90:2, 90:3,
     10:12, 10:16, 10:18,      camaraderie [1] -                                                            circumstances [2] -
                                                         64:12, 64:15, 65:12,   90:12, 91:23, 94:10,
     86:20, 87:11             82:25                                                                        43:1, 85:22
                                                         65:13, 65:23, 66:4,    94:23
      briefly [2] - 4:17,      candidate [1] - 38:11                                                        Citadel [3] - 36:17,
                                                         66:12, 67:5, 67:6,      categories [1] -
     81:24                     candidates [3] -                                                            40:24, 88:5
                                                         67:17, 67:19, 67:21,   57:17
      briefs [1] - 58:23      40:10, 40:12, 40:15                                                           City [2] - 80:8, 80:9
                                                         67:25, 68:17, 70:1,     Cathy [2] - 20:23
      bring [9] - 19:15,       candidly [1] - 58:7                                                          Civil [1] - 27:14
                                                         70:4, 70:5, 70:7,       causes [1] - 68:24
     19:20, 28:12, 30:9,       candor [1] - 91:1                                                            civil [3] - 29:10,
                                                         70:17, 70:21, 71:7,     CECILIA [1] - 1:11
     44:4, 59:15, 82:6,        cannot [1] - 27:7                                                           47:12, 80:8
                                                         71:25, 72:1, 72:6,      centered [1] - 48:24
     90:5, 92:3                capabilities [1] -                                                           civility [2] - 63:8,
                                                         72:13, 72:14, 72:15,    centric [4] - 45:7,
      brings [6] - 12:23,     57:9                                                                         75:7
                                                         72:16, 72:21, 73:5,    60:8, 60:14, 60:18
     47:10, 65:24, 66:22,      capacity [5] - 54:1,                                                         claim [6] - 44:21,
                                                         73:8, 73:15, 73:20,     certain [1] - 58:3
     67:4, 92:9               76:11, 76:13, 81:22,                                                         64:11, 78:13, 85:6,
                                                         73:21, 74:13, 74:18,    certainly [28] - 29:14,
      broad [2] - 15:24,      94:14                                                                        85:7, 89:2
                                                         76:14, 76:15, 77:1,    32:24, 33:3, 33:15,
     25:23                     capital [2] - 82:2        77:8, 77:9, 77:16,                                 claimed [1] - 43:6
                               Capital [5] - 17:2,                              34:6, 48:6, 48:25,
      broader [1] - 26:3                                 77:21, 78:23, 79:13,                               claims [41] - 13:8,
                              36:17, 40:24, 43:6,                               51:15, 52:11, 54:6,
      broken [1] - 9:2                                   79:14, 81:7, 81:18,                               29:15, 35:1, 35:20,
                              43:8                                              54:9, 56:7, 57:2, 57:6,
      broker [15] - 12:6,                                82:3, 82:11, 82:13,                               35:22, 36:2, 36:3,
                               capitalism [2] -                                 57:22, 59:3, 59:6,
     36:8, 41:1, 44:21,                                  83:7, 83:13, 84:1,                                36:8, 36:14, 39:2,
                                                                                59:22, 60:11, 60:24,
     45:8, 48:23, 49:2,       88:19, 92:13               84:4, 84:20, 84:25,                               39:3, 42:3, 43:16,
                                                                                61:1, 63:15, 76:20,
     51:2, 52:23, 53:6,        card [1] - 27:8           85:5, 85:6, 85:9,                                 43:18, 44:20, 44:21,
                                                                                76:21, 76:23, 78:25,
     53:13, 56:3, 68:6,        career [2] - 16:24,       85:13, 86:4, 86:10,                               44:23, 50:9, 50:10,
                                                                                86:22, 88:15
     69:23, 77:13             29:12                      86:15, 87:19, 88:7,                               50:11, 52:12, 59:20,
                                                                                 certification [5] -
      broker-deal [1] -        careers [1] - 74:5        88:21, 88:22, 88:23,                              64:3, 64:5, 64:11,
                                                                                39:22, 66:18, 74:14,
     52:23                     careful [1] - 58:11       89:9, 89:12, 89:16,                               68:4, 68:7, 68:10,
                                                                                77:24, 87:14
      broker-dealer [6] -      carefully [1] - 52:10     90:9, 90:13, 90:15,                               68:13, 68:23, 73:18,
                                                                                 certified [1] - 41:20
     44:21, 48:23, 49:2,       Carolina [2] - 3:10,      90:17, 90:20, 90:22,                              78:1, 84:18, 84:22,
                                                                                 certify [1] - 96:3
     51:2, 53:6, 77:13        88:6                       91:2, 91:6, 91:14,                                87:5, 91:9
                                                                                 chair [10] - 10:8,
      brokers [9] - 36:9,      Carter [1] - 48:1         91:16, 91:21, 92:1,                                clarify [1] - 34:21
                                                                                10:9, 10:10, 10:11,
     36:12, 37:1, 39:4,        case [212] - 6:10, 7:3,   92:3, 92:7, 92:15,                                 class [56] - 12:9,
                                                                                16:20, 39:7, 42:13,
     42:4, 55:8, 55:9,        7:17, 7:18, 7:20, 8:25,    92:17, 92:21, 93:13,                              12:18, 16:22, 17:10,
                                                                                46:23, 89:17
     55:16, 55:18             10:22, 10:23, 11:3,        93:18, 93:23, 94:5,                               18:17, 21:25, 29:25,
                                                                                 chaired [1] - 47:8
      Brook [1] - 2:5         11:5, 11:7, 12:15,         94:6, 94:7, 94:14,                                30:6, 33:5, 34:22,
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 100 of
                                     113                                    4


    34:24, 35:5, 37:11,       cocounsel [8] - 30:5,     commit [7] - 35:11,      41:11, 43:11, 49:10,     47:19
    37:25, 39:20, 39:22,     32:10, 33:4, 44:15,       44:2, 53:25, 70:11,       49:16, 49:17, 50:1,       considerations [1] -
    41:20, 46:2, 46:4,       47:6, 54:11, 65:23,       78:23, 93:16, 94:17       50:2, 51:20, 51:21,      18:20
    46:24, 47:8, 56:15,      66:25                      commitment [14] -        51:25, 52:1, 52:3,        considered [3] -
    57:11, 59:21, 59:24,      Coffey [1] - 64:17       14:4, 20:10, 42:20,       52:11, 60:6, 72:18,      49:10, 49:23, 95:3
    61:14, 61:15, 63:12,      Cohen [3] - 1:23,        60:21, 69:24, 71:22,      72:19, 77:11, 84:21,      consistently [1] -
    63:15, 63:21, 65:5,      29:19, 30:2               73:5, 75:6, 79:2, 79:3,   84:23, 84:24, 87:3,      80:19
    65:9, 66:18, 66:22,       Cohn [1] - 17:13         83:6, 83:15, 86:12        87:4, 87:6, 87:9,         consolidated [6] -
    66:24, 67:3, 69:15,       coincidentally [1] -      commitments [1] -        87:10, 87:20, 93:14      28:12, 41:10, 49:20,
    69:17, 72:3, 73:25,      21:20                     84:4                       complaints [15] -       51:23, 71:7, 93:14
    74:13, 74:16, 77:24,      cold [1] - 5:11           committed [6] - 27:4,    14:14, 14:23, 15:2,       conspiracy [2] -
    78:2, 80:14, 81:4,        colead [6] - 41:25,      55:7, 60:22, 61:5,        36:20, 49:5, 49:13,      41:2, 64:11
    82:18, 82:24, 87:14,     42:18, 47:25, 76:10,      66:2, 70:3                51:20, 68:19, 71:7,       consumer [12] -
    88:10, 88:23, 89:13,     93:2, 94:4                 committee [41] -         77:4, 78:9, 84:23,       21:25, 46:19, 47:8,
    89:15, 89:21, 90:11,      coleads [1] - 68:24      9:18, 9:19, 9:22, 10:8,   87:1, 87:9, 91:10        63:21, 65:9, 80:16,
    91:25                     collaborate [2] -        10:10, 10:13, 10:19,       complement [1] -        80:17, 81:4, 81:21,
     classes [6] - 78:5,     57:20, 58:16              13:3, 23:7, 26:1, 28:1,   81:2                     84:10, 84:12, 85:6
    90:13, 91:16, 91:20,      collaborating [1] -      33:13, 33:14, 35:10,       completed [1] -          consumers [1] -
    93:24, 94:15             60:12                     37:21, 38:1, 40:18,       47:12                    46:25
     classical [1] - 25:16    collaboration [1] -      41:4, 42:14, 50:23,        complex [10] - 16:21,    Cont'd [2] - 2:1, 3:2
     cleanup [1] - 7:7       62:22                     56:24, 57:8, 60:18,       19:10, 63:21, 72:3,       contact [1] - 9:13
     clear [2] - 17:16,       collaborative [1] -      69:2, 69:7, 69:9,         73:25, 74:8, 74:11,       contemplates [1] -
    51:12                    76:15                     69:21, 83:10, 83:13,      83:14, 89:13, 90:12      52:21
     cleared [2] - 43:22,     collaboratively [5] -    85:23, 86:5, 86:7,         complicated [1] -        context [3] - 59:21,
    61:4                     18:24, 48:6, 48:10,       86:8, 91:19, 92:5,        40:21                    60:1, 78:2
     clearing [1] - 83:22    48:22, 75:9               93:10, 94:1                component [1] -          contingency [1] -
     clerk [3] - 63:20,       collar [1] - 45:17        committees [5] -         82:17                    40:1
    65:2, 67:2                colleague [2] -          35:7, 35:8, 37:21,         components [1] -         continue [4] - 33:23,
     clerked [3] - 12:2,     64:24, 65:1               74:2, 92:7                81:16                    43:23, 55:3
    12:19, 29:9               colleagues [3] -          Commodities [1] -         conceited [1] - 23:2     contract [10] - 11:24,
     clerks [1] - 29:10      4:23, 29:22, 46:21        45:20                      conceptually [1] -      13:7, 25:1, 29:16,
     client [4] - 17:6,       collected [1] - 55:24     common [10] - 9:11,      52:24                    34:25, 35:19, 35:21,
    18:2, 44:25, 64:9         collective [2] - 89:1,   10:24, 11:25, 13:8,        concern [4] - 15:9,     36:1, 43:15, 85:7
     clients [15] - 16:16,   89:4                      36:7, 37:20, 37:24,       61:7, 70:13, 71:6         contribute [2] - 60:2,
    17:21, 18:16, 19:5,       collectively [1] -       37:25, 38:1, 50:9          concerned [3] - 45:4,   81:7
    19:14, 19:23, 21:16,     17:16                      commonalities [1] -      53:11, 91:21              contributed [1] -
    23:11, 37:3, 37:23,       college [4] - 18:11,     52:8                       concerns [2] - 71:4,    54:25
    56:12, 58:13, 60:9,      56:1, 88:15, 88:16         communicate [3] -        73:4                      contributing [1] -
    69:23, 74:20              collegial [1] - 76:15    25:25, 32:22, 55:12        concluded [1] -         57:1
     close [3] - 65:21,       collegially [1] - 75:9    communicating [1] -      95:14                     controlling [1] -
    72:12, 92:11              colored [1] - 22:1       61:14                      conducting [1] -        11:14
     closed [1] - 32:23       Colson [1] - 30:5         communication [3] -      74:7                      convenience [1] -
     closely [1] - 39:9       combat [1] - 37:7        6:8, 29:4, 76:15           conference [4] -        50:4
     closer [1] - 34:15       combination [1] -         company [1] - 36:17      28:6, 36:4, 67:19,        cooperation [1] -
     closing [1] - 64:8      89:10                      Company [1] - 17:4       81:12                    63:8
     clues [1] - 58:15        combine [1] - 82:20       compare [2] - 15:2,       confers [1] - 86:19      coordinated [5] -
     co [7] - 9:2, 9:10,      combined [3] - 85:9,     67:13                      confident [4] - 4:25,   28:24, 46:8, 49:19,
    9:12, 12:6, 46:23,       85:10, 90:10               comparisons [1] -        32:18, 63:10, 65:11      50:15, 91:3
    93:12                     comfortable [1] -        43:12                      confine [1] - 68:23      coordinating [4] -
     co-chair [1] - 46:23    33:5                       compel [5] - 8:18,        conflate [1] - 36:12    28:9, 46:5, 46:15,
     co-leads [6] - 9:2,      coming [5] - 7:11,       8:23, 15:6, 15:14,         congratulations [1] -   89:20
    9:10, 9:12, 12:6,        15:15, 58:13, 69:15,      59:6                      20:17                     coordination [8] -
    93:12                    81:9                       compelled [2] - 38:4,     connected [1] -         10:5, 23:6, 29:4,
     coast [6] - 12:13,       comment [2] - 8:10,      38:12                     64:15                    31:10, 32:25, 52:4,
    33:22, 75:18, 75:21,     21:19                      competence [1] -          consensus [6] -         59:4, 59:9
    95:12                     comments [2] -           63:9                      28:17, 31:14, 61:24,      copied [1] - 72:20
     cochair [4] - 85:17,    34:21, 38:13               competitor [1] - 76:5    62:1, 91:17, 93:21        Coptic [1] - 5:7
    93:1, 93:25, 94:4         commercial [5] -          complaint [34] -          consider [3] - 17:24,    Coral [2] - 1:24,
     coconspirators [1] -    18:17, 19:10, 29:13,      13:9, 14:10, 15:4,        19:2, 49:18              27:22
    70:19                    55:6, 60:1                21:18, 25:7, 36:22,        consideration [1] -      correct [3] - 48:16,
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 101 of
                                     113                                    5


    49:3, 49:4                88:1, 91:13, 92:3,                                   15:12, 15:14, 15:21,       69:1
                                                                   D
     cost [1] - 74:18         93:8, 93:13, 94:13,                                  16:2, 16:24, 17:8,          despite [1] - 89:14
     council [1] - 26:4       96:14, 96:15               daily [1] - 82:19         25:1, 25:3, 26:10,          determine [2] -
     counsel [69] - 10:7,       COURT [86] - 1:1,        DATE [1] - 96:14          40:21, 40:22, 40:25,       59:11, 93:14
    17:24, 17:25, 18:22,      4:2, 4:8, 4:13, 9:6,       DAVID [1] - 2:11          41:8, 41:13, 46:11,         develop [3] - 73:18,
    18:25, 22:19, 26:10,      9:8, 13:20, 14:2,          David [2] - 21:23,        58:4, 59:4, 60:7,          82:14, 82:22
    27:24, 28:4, 28:10,       14:22, 15:8, 16:3,        88:3                       61:20, 67:23, 68:22,        developed [2] - 75:8,
    28:11, 28:18, 28:23,      16:6, 16:8, 20:7,          Davis [1] - 75:20         70:19, 71:5, 82:13,        82:5
    28:24, 29:2, 29:3,        20:17, 22:17, 23:17,       day-to-day [4] - 46:5,    87:18, 88:5, 91:9,          developer [1] - 64:14
    30:9, 30:15, 30:21,       24:19, 27:16, 27:20,      46:14, 70:10, 71:24        91:10                       develops [1] - 78:7
    31:22, 32:9, 32:12,       30:24, 31:4, 31:22,        days [6] - 8:18, 8:19,      defendants' [4] -         device [1] - 55:14
    32:14, 33:6, 34:9,        32:20, 33:8, 33:16,       8:20, 15:19, 15:20,        7:20, 7:24, 26:9,           devote [6] - 14:20,
    34:19, 35:12, 39:1,       33:18, 34:1, 34:4,        15:22                      59:10                      23:19, 43:2, 48:2,
    39:8, 39:10, 40:4,        34:13, 34:17, 38:17,       DC [1] - 5:14               defended [2] - 17:3,     48:13, 70:7
    41:13, 41:24, 42:1,       41:22, 42:20, 44:5,        de [1] - 1:23             64:20                       devoted [3] - 48:7,
    42:17, 42:18, 46:5,       44:11, 47:22, 48:15,       deadlines [1] - 8:15        defense [12] - 13:19,    61:2, 72:6
    47:25, 56:6, 56:18,       48:25, 49:5, 50:19,        deal [5] - 22:12, 27:8,   21:25, 26:10, 27:10,        devoting [3] - 42:21,
    56:23, 58:1, 59:10,       51:17, 52:13, 52:19,      52:23, 68:9, 77:22         28:24, 29:3, 41:13,        42:24, 70:3
    59:18, 60:4, 61:21,       52:25, 53:18, 53:25,       dealer [8] - 12:6,        46:13, 63:18, 64:18,        Diego [1] - 18:4
    61:25, 62:17, 62:20,      54:15, 54:18, 56:22,                                 67:2, 80:25                 diesel [1] - 59:24
                                                        44:21, 48:23, 49:2,
    63:3, 63:24, 65:4,        58:20, 59:14, 60:3,                                    defensibility [1] -       difference [4] -
                                                        51:2, 53:6, 53:13,
    66:17, 66:23, 69:14,      60:20, 61:7, 62:3,                                   19:17                      12:23, 49:17, 50:3
                                                        77:13
    72:20, 73:14, 74:1,       62:5, 62:12, 67:11,                                    define [2] - 26:21,       differences [1] - 52:7
                                                         dealers [3] - 45:8,
    74:2, 76:3, 76:10,        68:6, 69:24, 70:13,                                  78:5
                                                        68:6, 69:23                                            different [18] - 15:14,
    78:3, 80:25, 81:1,        71:8, 71:10, 71:13,                                    degree [2] - 5:13,
                                                         dealing [2] - 39:21,                                 16:2, 21:25, 25:15,
    86:5, 87:15, 93:4         75:18, 76:2, 76:5,                                   88:11
                                                        66:17                                                 25:23, 25:24, 39:24,
     counsel-type [1] -       77:4, 78:23, 79:16,                                    delay [1] - 19:25
                                                         dealmaking [1] -                                     40:13, 40:14, 41:13,
    28:11                     79:18, 79:21, 80:2,                                    demand [1] - 62:16
                                                        63:3                                                  42:14, 49:8, 49:17,
     count [1] - 17:9         81:9, 83:5, 84:7, 87:1,                                demanding [1] -
                                                         dealt [1] - 21:24                                    50:12, 51:11, 68:11,
     countless [2] -          87:23, 87:25, 88:2,                                  22:23
                                                         DEC [1] - 43:6                                       92:24
    46:13, 63:6               92:19, 93:25, 94:17,                                   demands [1] - 20:18
                                                         decade [1] - 16:21                                    differentiator [1] -
     country [8] - 5:8,       94:25, 95:2                                            demographically [1]
                                                         decent [1] - 88:12                                   88:20
    12:15, 18:18, 19:6,         court [8] - 19:21,                                 - 55:25
                                                         deceptive [1] - 29:16                                 difficulties [2] - 4:9,
    47:4, 56:2, 90:4,         30:8, 34:13, 38:9,                                     demonstrate [1] -
                                                         decide [2] - 49:11,                                  95:6
    92:18                     47:25, 62:12, 63:20,                                 16:14
                                                        92:18                                                  difficulty [1] - 62:13
     County [1] - 5:17        85:19                                                  demonstrated [2] -
                                                         decided [1] - 21:22                                   digital [1] - 57:22
     couple [2] - 36:13,        Court's [4] - 11:18,                               63:4, 72:15
                                                         decides [2] - 50:24,                                  diligence [1] - 31:16
    77:19                     30:22, 54:20, 57:5                                     demonstrates [1] -
                                                        51:24                                                  diligent [2] - 45:11,
     course [9] - 25:8,         court-appointed [2]                                34:22
                                                         decision [5] - 12:22,                                51:5
    25:9, 59:18, 60:22,       - 47:25, 85:19                                         Dennis [1] - 23:13
                                                        24:13, 76:25, 78:10,                                   diplomatic [1] -
    64:5, 65:15, 91:22,         courthouse [1] -                                     DENNIS [1] - 1:18
                                                        95:9                                                  31:17
    93:3, 93:21               73:17                                                  departing [1] - 27:13
                                                         decisions [2] -                                       dire [2] - 64:7, 64:8
     Court [65] - 3:15,         courtroom [2] - 90:4,                                Department [1] -
                                                        55:12, 78:4                                            direction [1] - 25:4
    3:15, 4:20, 5:3, 8:11,    90:11                                                46:1
                                                         deck [1] - 43:22                                      directly [1] - 66:18
    9:3, 9:4, 9:14, 11:6,       courts [2] - 7:5,                                    depositions [5] - 7:4,
                                                         dedicate [1] - 83:19                                  disability [1] - 38:7
    11:12, 11:18, 14:5,       76:21                                                7:9, 7:10, 74:6, 75:1
                                                         dedicated [3] -                                       discipline [1] - 85:12
    14:7, 15:5, 16:17,          cover [1] - 73:13                                    depository [1] -
                                                        10:17, 85:11, 94:6                                     disclosure [1] -
    17:4, 17:20, 17:22,         covered [2] - 85:25,                               36:16
                                                         dedicating [1] - 21:6                                20:15
    17:24, 18:19, 19:1,       95:2                                                   derivatives [1] -
                                                         dedication [1] -                                      discoveries [1] -
    20:1, 20:6, 25:4, 28:7,     COVID-19 [1] - 96:8                                55:13
                                                        18:13                                                 15:18
    28:25, 29:3, 30:4,          created [3] - 56:9,                                  describe [2] - 69:24,
                                                         deem [1] - 81:22                                      discovery [26] - 8:15,
    30:21, 32:21, 44:18,      56:10, 76:19                                         83:9
                                                         deep [2] - 46:14,                                    8:22, 10:8, 10:11,
    47:16, 49:12, 49:18,        credentials [2] -                                    describes [1] - 78:19
                                                        48:11                                                 15:13, 15:19, 15:23,
    50:24, 51:24, 54:20,      73:20, 73:22                                           describing [1] -
                                                         deeply [1] - 50:13                                   15:25, 16:2, 26:12,
    56:19, 57:6, 57:14,         crime [1] - 45:17                                  45:13
                                                         defaults [1] - 43:8                                  39:23, 41:20, 48:13,
    62:10, 62:15, 62:20,        criticize [1] - 7:13
                                                         defendant [5] -             deserve [3] - 37:1,      51:7, 58:17, 58:23,
    63:7, 63:10, 67:7,          current [2] - 47:1,
                                                        10:15, 39:24, 45:8,        37:4, 78:1                 59:2, 59:11, 74:13,
    67:9, 67:18, 69:17,       65:5
                                                        68:16, 86:18                 designated [3] -         75:1, 82:12, 82:14,
    73:5, 73:13, 75:12,         customers [1] -
                                                         defendants [33] -         42:13, 63:20, 78:3         85:10, 86:18, 91:12,
    79:8, 80:4, 81:22,        34:23
                                                        7:15, 7:16, 7:19, 8:22,      designation [1] -        93:10
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 102 of
                                     113                                    6


     discovery-related         dollars [3] - 19:8,         efficacious [1] - 91:6    5:13                       executive [27] - 9:18,
    [1] - 86:18               74:19, 90:6                  efficiencies [5] -         enjoy [2] - 82:24,       9:22, 10:8, 11:17,
     discrete [1] - 71:3       Donato [1] - 75:13        52:11, 58:18, 58:25,        90:3                      13:3, 13:7, 23:7, 26:1,
     discrimination [1] -      done [22] - 12:8,         75:4, 91:7                   enormous [1] -           27:25, 32:7, 40:18,
    65:6                      14:15, 17:8, 17:10,          efficiency [5] - 29:6,    30:19                     41:4, 42:13, 50:22,
     discuss [2] - 13:16,     17:11, 19:3, 21:4,         49:11, 50:5, 69:16,          ensure [1] - 92:3        50:23, 60:18, 69:1,
    61:10                     21:11, 21:18, 23:10,       74:22                        ensuring [1] - 44:23     69:6, 69:7, 69:9,
     discussed [1] -          23:13, 29:5, 30:8,           efficient [4] - 8:24,      enter [1] - 26:17        69:21, 81:5, 83:10,
    90:17                     38:5, 42:14, 57:11,        41:19, 59:3, 92:4            enthusiasm [1] -         85:23, 86:7, 86:8,
     discussing [3] -         73:9, 73:14, 81:20,          efficiently [1] - 42:19   30:20                     91:19
    13:12, 58:12, 90:16       92:5, 93:5, 93:21            effort [1] - 18:8          entire [4] - 12:15,       expense [1] - 55:15
     discussion [5] -          down [12] - 5:12,           efforts [2] - 23:7,       38:8, 47:13, 85:13         expenses [1] - 74:20
    26:18, 76:9, 77:12,       5:15, 9:2, 19:16, 21:3,    85:9                         entirety [1] - 29:11      experience [52] -
    78:14, 85:15              21:11, 23:22, 39:25,         Egyptian [1] - 5:7         entities [5] - 36:17,    5:21, 6:13, 7:11, 12:1,
     discussions [3] -        43:5, 57:17, 92:6            eight [2] - 20:15,        36:18, 40:24, 68:25       12:7, 12:24, 14:13,
    21:19, 53:22, 73:1         downloaded [1] -          29:18                        entitled [1] - 96:5      14:14, 16:15, 17:19,
     dismiss [4] - 41:11,     43:5                         eight-month-old [1]        envision [10] - 38:20,   18:1, 18:16, 29:14,
    43:17, 58:7, 77:22         dozens [2] - 7:16,        - 20:15                     42:21, 49:6, 50:19,       29:18, 30:14, 33:6,
     dispatch [1] - 73:17     13:18                        either [4] - 27:25,       57:1, 60:3, 74:25,        34:24, 34:25, 35:4,
     dispute [1] - 28:21       draft [1] - 43:10         28:24, 38:10, 50:8          77:4, 77:6, 87:1          35:9, 39:20, 40:12,
     disregard [1] - 57:5      drafted [1] - 87:7          elaborate [1] - 56:25      envisioned [1] -         45:24, 47:11, 47:14,
     dissect [1] - 57:23       drafts [1] - 84:22          elected [1] - 89:17       92:21                     48:11, 56:5, 57:9,
     distinct [7] - 49:22,     dramatically [1] -          Electric [1] - 17:3        equivalent [1] - 65:7    59:22, 64:2, 65:25,
    50:16, 51:15, 51:21,      55:10                        eleven [1] - 86:6          Eraclides [1] - 19:11    66:23, 72:2, 72:11,
    52:12, 53:9, 84:14         drawn [1] - 80:11           ELLIS [10] - 1:18,         ERISA [1] - 85:9         73:21, 73:24, 74:6,
     distinction [1] -         dream [2] - 92:14,        1:19, 16:7, 16:9,            escaped [1] - 40:7       76:21, 80:16, 81:1,
    50:10                     92:17                      20:14, 20:18, 22:20,         ESI [3] - 9:25, 26:21    82:1, 88:17, 89:8,
     distinctions [1] -        drilled [1] - 43:5        24:1, 24:23, 27:19                                    89:11, 89:14, 89:24,
                                                                                      especially [2] -
    51:9                       Drive [1] - 2:4             Ellis [13] - 11:23,                                 90:10, 90:12
                                                                                     10:13, 13:18
     District [18] - 3:15,     driver's [1] - 85:24      12:1, 16:6, 16:8, 20:7,                                experienced [11] -
                                                                                      ESQUIRE [10] - 1:14,
    8:9, 12:3, 12:20,          drove [2] - 55:21,        22:17, 27:16, 35:25,                                  6:24, 7:23, 12:12,
                                                                                     1:18, 1:22, 2:3, 2:7,
    17:13, 29:2, 29:9,        89:25                      37:17, 38:21, 56:9,                                   39:19, 42:9, 42:10,
                                                                                     2:11, 2:16, 2:20, 3:3,
    30:4, 30:8, 32:10,         drugs [1] - 86:3          68:3, 68:18                                           42:11, 57:10, 71:23,
                                                                                     3:8
    43:14, 45:16, 45:19,       due [1] - 4:14              elsewhere [2] -                                     72:9, 86:22
                                                                                      essentially [2] -
    50:17, 62:24, 83:11,       during [10] - 5:6,        30:11, 84:24                                           experiences [1] -
                                                                                     68:9, 69:5
    89:16, 96:15              13:12, 17:25, 32:23,         emails [1] - 63:6                                   80:25
                                                                                      estate [2] - 49:24,
     district [3] - 5:17,     72:17, 72:22, 72:23,         embrace [1] - 40:16                                  expert [2] - 10:10,
                                                                                     49:25
    18:6, 45:15               73:20, 76:14, 96:7                                                               72:24
                                                           Emert [8] - 13:5,          ethic [1] - 11:10
     DISTRICT [3] - 1:1,       duties [3] - 55:16,       44:16, 46:22, 47:2,                                    expertise [4] - 59:14,
                                                                                      ethnical [1] - 17:21
    1:1, 1:11                 55:18, 56:3                47:24, 48:6, 48:13                                    59:25, 65:24, 74:10
                                                                                      ethnicity [1] - 17:18
     diverse [11] - 11:15,     duty [4] - 11:19,           enable [2] - 31:17,                                  experts [5] - 6:25,
                                                                                      eTrade [3] - 36:9,
    11:19, 16:23, 17:7,       29:17, 34:25, 43:15        82:14                                                 7:2, 64:8, 74:7
                                                                                     37:4
    39:7, 40:5, 40:9,                                      encountered [1] -                                    explain [1] - 8:6
                                                                                      evening [1] - 90:20
                                                                                                                expressly [1] - 28:5
    40:12, 41:5, 55:25,                  E               95:7                         event [3] - 20:22,
                                                                                                                extensive [4] -
    80:24                                                  end [10] - 19:23,         49:19, 83:25
     diversity [17] - 6:12,    ear [2] - 37:7            23:22, 24:12, 39:21,                                  32:17, 39:14, 72:11,
                                                                                      events [4] - 54:24,
    9:15, 12:3, 12:7,          early [1] - 91:3          49:15, 50:2, 51:6,                                    73:1
                                                                                     55:21, 55:22, 56:14
    12:12, 12:14, 12:23,       earn [1] - 42:12          66:13, 94:11                                           extent [1] - 78:1
                                                                                      exactly [3] - 48:12,
    16:15, 17:16, 17:17,       easier [2] - 30:12,         endorsements [1] -                                   extremely [1] - 88:21
                                                                                     58:3, 93:15
    38:14, 39:6, 39:15,       30:22                      69:20                        examinations [1] -
    40:8, 40:15                east [3] - 12:13,           ends [1] - 86:23          74:8                                 F
     divided [3] - 68:13,     75:19, 75:21                 energetic [1] - 67:4       example [6] - 6:23,
    87:8, 91:8                 Eastern [1] - 83:11                                                              face [2] - 15:9, 70:14
                                                           enforcement [1] -         24:1, 26:21, 36:19,
     division [3] - 45:20,     easy [1] - 77:7                                                                  facilitating [1] -
                                                         45:22                       54:24, 90:18
    45:22, 68:21               economic [1] - 92:13                                                            28:11
                                                           engage [2] - 59:9,         excellent [1] - 92:20
     DIVISION [1] - 1:2        economy [1] - 64:8                                                               facing [1] - 61:9
                                                         82:23                        excited [1] - 21:8
     document [1] - 86:19      effective [2] - 10:13,                                                           fact [5] - 50:13,
                                                           engaged [2] - 6:8,         exciting [1] - 5:19
     documents [1] -          26:9                                                                             54:23, 88:15, 89:24,
                                                         6:21                         exclusively [1] -
    26:23                                                                                                      91:17
                               effectively [4] - 19:4,     engine [1] - 92:14        75:23
     dollar [1] - 64:19       19:18, 22:15, 27:15                                                               factors [1] - 73:13
                                                           engineering [1] -          excuse [1] - 78:18
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 103 of
                                     113                                    7


     facts [3] - 22:2, 67:4,    financial [7] - 46:9,     25:21, 26:6                fourth [3] - 11:24,        garner [1] - 56:11
    71:3                       46:15, 66:3, 74:17,         flat-structured [1] -    13:7, 69:4                  garnered [1] - 92:9
     faintly [1] - 81:9        80:17, 82:2, 86:11         26:6                       FPR [2] - 3:14, 96:14      Gary [3] - 44:16,
     fair [5] - 19:14,          fine [3] - 33:13,          flat-triangle [1] -       franchisees [1] -         46:22, 47:7
    19:24, 22:13, 22:14,       76:17, 95:4                25:21                     65:6                        gassaad@
    82:5                        finish [3] - 40:2,         flights [1] - 90:23       Francisco [8] - 2:22,     mcdonaldworley.
     fairly [1] - 35:11        41:19, 64:16                floating [1] - 77:19     71:14, 74:23, 74:24,       com [1] - 1:16
     faith [1] - 85:6           Firm [4] - 52:14,          Floor [4] - 2:9, 2:17,   75:2, 75:23, 76:1,          gather [1] - 55:20
     fall [4] - 6:6, 11:14,    65:15, 76:7, 88:6          3:5, 3:16                 79:8                        Gayles [1] - 32:14
    11:22, 13:6                 firm [59] - 11:5, 14:6,    FLORIDA [1] - 1:1         Frank [1] - 79:19          Gelman [1] - 19:11
     fall-out [1] - 6:6        14:12, 20:11, 21:6,         Florida [13] - 3:17,      FRANK [1] - 3:3            gender [2] - 11:10,
     familiar [3] - 21:2,      31:2, 32:6, 32:12,         5:12, 5:13, 8:9, 12:3,     frank [2] - 35:5,         17:18
    33:19                      33:4, 44:2, 44:3,          12:19, 12:20, 17:14,      79:23                       General [1] - 17:3
     familiarity [1] - 30:6    46:18, 47:1, 47:6,         45:1, 45:16, 64:14,        frankly [1] - 89:10        general [6] - 9:11,
     family [3] - 5:8, 88:9,   47:9, 47:13, 48:3,         65:22, 96:16               Fraud [1] - 45:20         9:23, 36:5, 63:23,
    88:14                      48:4, 48:10, 55:23,         focus [7] - 38:3,         fraud [1] - 46:15         77:10, 92:5
     fantastic [3] - 4:25,     56:6, 58:13, 59:18,        42:2, 60:7, 60:14,         free [3] - 5:5, 88:19,     generally [1] - 78:18
    5:25, 12:1                 65:3, 65:16, 65:20,        60:15, 61:22, 62:1        88:24                       generation [5] - 5:7,
     far [12] - 6:9, 31:21,    66:2, 66:5, 66:10,          focused [2] - 44:20,      Free [1] - 92:12          40:7, 80:7, 88:8,
    38:19, 65:4, 69:8,         70:5, 70:10, 71:16,        81:16                      FRESH [1] - 1:5           88:23
    69:14, 71:5, 87:22,        71:23, 72:5, 73:21,         focusing [2] - 43:9,      Friday [2] - 23:22,        generic [2] - 82:10,
    92:13, 93:6, 93:13,        74:10, 74:15, 74:17,       60:1                      59:1                       86:3
    93:14                      74:23, 75:2, 79:24,         Foley [3] - 64:10,        friends [2] - 6:2,         geographical [2] -
     faster [1] - 15:25        80:13, 80:15, 80:18,       64:17, 65:1               32:17                      12:13, 12:14
     fears [1] - 35:14         81:17, 82:1, 82:9,          folks [1] - 79:9          front [6] - 4:22,          GEORGE [1] - 1:19
     Federal [1] - 27:13       82:16, 83:8, 83:10,         follow [1] - 11:22       29:21, 32:14, 50:17,        George [1] - 39:13
     federal [1] - 45:25       84:3, 94:7, 94:21,          following [3] - 4:1,     73:2, 89:16                 get-go [1] - 10:14
     fee [1] - 40:1            94:22                      33:25, 90:1                fschirripa@                Gillberg [2] - 29:22,
     feet [1] - 63:10           FIRM [3] - 2:16, 2:21,     footnote [1] - 57:4      hrsclaw.com [1] - 3:6      32:11
     fellow [4] - 4:22,        3:8                         force [1] - 65:14         fulfill [1] - 62:18        given [12] - 27:17,
    62:19, 64:25, 65:1          firm's [2] - 75:6, 80:5    Force [1] - 89:18         fulfilled [1] - 11:19     33:9, 43:25, 53:12,
     felt [2] - 59:5, 77:18     firms [21] - 7:23,         foregoing [1] - 96:3      full [7] - 20:14, 33:8,   53:18, 58:15, 77:1,
     female [1] - 80:24        15:15, 19:6, 19:9,          foreign [1] - 35:15      64:8, 65:14, 68:1,         83:15, 85:21, 86:9,
                               21:9, 46:12, 46:13,         foresight [1] - 89:11    79:15                      86:12, 94:18
     FERRARO [1] - 2:16
                               48:21, 51:3, 52:16,         formed [3] - 31:14,
     Ferraro [7] - 52:14,                                                            fullest [1] - 18:3         glean [1] - 32:18
                               52:18, 63:18, 63:22,       46:18
    64:24, 65:15, 65:16,                                                             fully [3] - 60:22,         global [1] - 63:24
                               73:8, 80:22, 82:20,
    65:17, 66:11, 76:7                                     former [4] - 32:11,      61:5, 87:16                 goal [2] - 19:19, 20:4
                               86:6, 86:7, 86:17,
     few [3] - 64:15,                                     64:24, 65:2, 65:23         fund [1] - 86:13           goals [2] - 8:7, 11:14
                               93:17
    81:24, 83:21                                           forth [3] - 35:14,        funding [2] - 13:17,       Goldhamer [3] -
                                first [25] - 5:7, 5:8,
     fiduciary [5] - 29:17,                               42:7, 68:15               66:7                       44:16, 46:23, 47:7
                               5:11, 8:12, 14:9,
    34:25, 35:21, 43:15,                                   fortuitous [1] - 43:1     funds [2] - 89:6, 90:6     govern [3] - 55:3,
                               19:20, 20:15, 22:12,
    56:3                                                   fortunate [3] - 54:3,     FURST [8] - 1:22,         55:5, 55:16
                               30:25, 31:10, 34:9,
     field [2] - 73:25, 90:8                              66:2, 83:20               27:21, 31:3, 31:7,          government [3] -
                               35:4, 38:11, 40:6,
     Fifth [1] - 24:13                                     fortunately [1] - 24:7   31:24, 32:24, 33:15,       22:12, 26:2, 26:5
                               42:13, 62:10, 62:15,
     figure [4] - 13:13,                                   fortune [1] - 89:11      33:17                       gracious [1] - 31:1
                               64:4, 64:10, 73:16,
    26:20, 26:24, 65:19                                    forward [12] - 13:16,     Furst [7] - 12:16,         Graco [2] - 47:12,
                               78:20, 88:8, 88:14,
     file [3] - 14:10, 15:5,                              13:18, 19:20, 21:17,      27:20, 27:22, 30:24,       48:1
                               89:24, 93:19
    35:10                                                 48:3, 48:15, 48:17,       90:18, 91:5, 93:4           graduate [1] - 88:14
                                firsthand [2] - 56:4,
     filed [10] - 14:24,                                  52:14, 52:25, 53:10,       future [1] - 40:14         graduation [1] -
                               88:18
    36:20, 55:18, 60:23,                                  53:14, 93:24               FX [2] - 81:18, 85:4      80:12
                                fit [1] - 12:4
    63:15, 67:18, 67:19,                                   fought [1] - 19:14                                   Graifman [8] - 13:5,
                                five [9] - 5:2, 8:19,
    72:17, 73:10, 94:5
                               11:4, 12:25, 29:13,
                                                           four [16] - 12:25,                  G               44:16, 44:17, 46:22,
     filing [3] - 28:6,                                   13:4, 28:20, 28:22,                                  46:24, 47:7, 47:8
                               41:4, 84:10, 88:4,
    28:11, 55:19                                          41:4, 48:16, 48:18,        Gables [2] - 1:24,         granted [1] - 62:23
                               94:6
     fill [1] - 28:5                                      49:1, 53:19, 69:5,        27:22                       grateful [1] - 71:19
                                fixing [3] - 82:11,
     fills [1] - 76:19                                    77:6, 77:18, 85:19,        GABRIEL [1] - 1:14         great [4] - 5:25, 6:1,
                               83:14, 86:4
     finally [5] - 11:21,                                 88:15, 91:5, 93:1          Gabriel [1] - 4:21        6:14, 18:12
                                FL [2] - 1:24, 2:18
    12:11, 12:16, 12:25,                                   four-tranche [2] -        gain [1] - 18:24           grew [2] - 5:10, 80:9
                                flashback [1] - 36:4
    66:25                                                 91:5, 93:1                 gainful [1] - 6:5          gross [1] - 43:16
                                flat [3] - 25:14,
     finance [1] - 15:15                                   four-year [1] - 88:15     gamut [1] - 56:1           Grossman [8] - 1:23,
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 104 of
                                     113                                    8


    27:22, 29:19, 29:20,      hearing [8] - 24:2,      78:10, 78:15, 78:18,    77:23, 77:25, 78:7,        insights [2] - 24:21,
    29:23, 30:1, 32:6,       34:2, 34:14, 54:2,        78:20, 78:25, 79:17,    79:4, 84:9, 84:14,        84:8
    32:12                    62:13, 73:3, 81:8,        79:19, 79:23, 80:5,     85:2, 85:11, 85:12,        instead [5] - 63:4,
     group [25] - 10:16,     96:7                      81:15, 83:3, 83:25,     88:21, 93:5, 94:11        67:22, 68:23, 69:9,
    11:15, 11:16, 16:13,      hearings [2] - 43:4,     88:3, 91:1, 92:9,        importantly [2] -        70:24
    16:21, 17:3, 17:15,      69:18                     95:13                   64:2, 93:13                institutions [3] -
    25:2, 25:22, 26:2,        heavy [1] - 8:21          Honor's [4] - 38:4,     impression [1] - 43:4    46:9, 55:7, 63:23
    26:11, 26:25, 27:10,      hedge [2] - 89:6,        56:21, 62:10, 62:15      IN [3] - 1:4, 4:12,       intend [2] - 23:3
    48:3, 48:11, 48:15,      90:6                       HONORABLE [1] -        95:13                      intention [1] - 57:4
    48:18, 53:24, 65:10,      held [3] - 6:17, 9:14,   1:10                     in-house [1] - 11:8       intentions [1] - 57:5
    77:3, 77:13, 77:17,      11:8                       honored [1] - 30:18     in-person [1] - 75:1      interact [2] - 55:1,
    80:24, 87:18              help [3] - 66:21,         hope [6] - 22:16,       inception [2] - 72:4,    75:11
     GROUP [1] - 2:12        66:22, 86:13              23:2, 23:16, 27:25,     74:3                       interacted [1] - 30:25
     grouping [2] - 85:24,    helped [1] - 65:22       59:8, 95:9               include [2] - 56:1,       interest [5] - 31:11,
    87:10                     helpful [4] - 56:20,      hoping [1] - 60:15     66:10                     34:22, 37:22, 41:22,
     groups [3] - 25:1,      57:16, 57:25, 78:17        hotel [1] - 81:10       included [1] - 41:10     93:23
    76:23, 76:24              hereby [1] - 96:3         hour [1] - 4:14         includes [8] - 63:5,      interests [1] - 45:12
     grow [1] - 40:13         Hicks [1] - 30:5          hours [4] - 24:2,      65:21, 68:25, 74:6,        interface [1] - 66:18
     growing [1] - 65:9       high [4] - 18:6,         32:23, 90:19, 90:22     74:7, 74:12, 74:16         interim [2] - 17:24,
     grown [1] - 80:19       18:10, 64:18, 70:24        house [1] - 11:8        including [9] - 15:9,    76:2
     guarantee [1] - 24:16    highest [1] - 47:4        House [1] - 26:3       17:12, 28:21, 39:2,        intern [1] - 31:25
     guess [1] - 75:5         highlighted [2] -         Houston [1] - 1:16     61:8, 69:22, 71:16,        International [1] -
     guide [1] - 55:3        9:23, 47:24                huge [1] - 67:5        72:6, 79:5                2:4
     guided [2] - 54:21,      highway [2] - 92:14,      human [2] - 66:3,       inclusive [5] - 6:15,     interplay [2] - 84:13,
    67:18                    92:17                     82:2                    6:20, 11:16, 11:20,       85:13
     guiding [1] - 69:16      history [3] - 17:25,      humble [1] - 93:7      82:6                       interrupt [1] - 5:5
                             37:9, 37:13                humbled [1] - 67:7      inclusiveness [2] -       Interruption [1] -
              H               hold [2] - 29:20, 47:2    hundred [7] - 14:20,   6:13, 38:2                89:17
                              holiday [1] - 67:1       37:9, 43:25, 65:21,      inclusivity [1] - 32:2    interruption [1] -
     HACH [1] - 3:4           Hollywood [3] - 2:13,    70:4, 70:7, 70:12        increase [1] - 40:10     89:22
     Hach [1] - 79:24        21:12, 21:13               hundreds [4] - 7:16,    incumbent [1] - 92:2      intertwined [1] - 8:6
     half [1] - 4:14          honest [3] - 14:19,      13:19, 89:18, 89:20      incurred [1] - 74:20      interviewed [1] -
     halfway [1] - 90:24     57:8, 82:5                 hurt [1] - 55:22        indeed [3] - 72:5,       62:7
     hand [1] - 63:9          honestly [1] - 30:18                             72:20, 73:7                interviews [1] - 38:3
     handle [1] - 32:19       Hong [1] - 17:6                     I             indicated [1] - 48:9      intimate [2] - 30:7,
     handled [1] - 72:1       honor [2] - 56:3, 56:8                            individual [11] -        84:11
     handling [2] - 74:13,    Honor [89] - 4:7,         idea [7] - 28:17,      10:9, 37:9, 37:10,         introducing [1] - 5:3
    82:12                    4:12, 4:19, 6:11, 8:1,    37:20, 40:11, 41:12,    37:23, 43:18, 45:1,        introductory [1] -
     hands [1] - 54:4        9:7, 10:19, 11:21,        42:15, 77:15, 77:16     46:10, 85:23, 89:21,      54:22
     happy [4] - 20:6,       12:17, 13:10, 14:1,        ideally [1] - 94:1     91:10, 91:25               inundated [1] - 66:6
    56:21, 76:12, 77:2       14:7, 14:16, 14:25,        ideas [4] - 15:19,      individually [1] -        invariably [1] - 52:4
     hard [4] - 19:14,       16:4, 16:7, 17:9,         38:14, 59:2, 61:21      17:15                      inverted [1] - 38:22
    81:8, 89:11, 91:16       18:21, 20:14, 22:21,       identify [1] - 73:15    industry [1] - 65:24      inverts [1] - 37:18
     Harper [1] - 2:12       24:16, 27:3, 27:21,        imagined [1] - 55:10    industry-level [1] -      invest [1] - 89:6
     Harris [1] - 5:17       31:24, 33:15, 34:3,        immediate [1] -        65:24                      investigate [3] -
     hashtag [1] - 21:15     34:6, 35:5, 36:5, 37:8,   82:19                    information [12] -       55:20, 73:14, 73:17
     have-nots [1] - 88:20   38:13, 38:15, 38:23,       immigrated [1] -       27:17, 55:20, 55:24,       investigation [2] -
     haves [1] - 88:20       39:5, 39:9, 39:12,        5:11                    57:18, 57:21, 57:24,      45:17, 72:17
     head [1] - 76:7         40:3, 40:9, 40:16,         impacts [1] - 38:25    58:10, 58:13, 58:15,       investigators [1] -
     headline [1] - 18:15    40:22, 41:16, 43:21,       implemented [1] -      58:21, 60:10              72:7
     hear [13] - 4:4, 4:6,   44:12, 44:17, 44:19,      28:2                     initial [2] - 36:4,       investing [1] - 83:6
    4:8, 4:11, 4:17, 6:12,   44:25, 45:6, 45:10,        implications [1] -     67:19                      investments [1] -
    6:14, 34:16, 44:10,      46:1, 47:21, 53:6,        38:10                    initiate [1] - 72:23     55:12
    56:4, 79:21, 80:1        53:21, 54:17, 54:21,       implied [1] - 85:6      initiated [1] - 62:22     Investor [1] - 21:23
     heard [12] - 8:1,       57:2, 62:4, 62:6,          import [1] - 94:12      innovations [1] -         investor [2] - 22:5,
    38:19, 40:20, 45:6,      62:21, 67:15, 68:11,       important [24] -       55:15                     81:11
    47:16, 49:8, 69:17,      70:2, 71:2, 71:22,        12:14, 13:15, 16:16,     inquiries [1] - 61:15     investors [5] - 37:3,
    69:22, 77:12, 83:6,      73:2, 74:22, 75:15,       18:23, 45:5, 54:13,      inside [2] - 63:21,      46:25, 55:11, 87:18,
    92:22, 92:25             76:1, 76:4, 76:12,        69:13, 70:4, 73:11,     70:9                      90:7
     HEARING [1] - 1:10      76:18, 76:25, 77:15,      74:5, 74:23, 75:7,       insightful [1] - 38:18    involve [2] - 68:7,
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 105 of
                                     113                                    9


    68:17                      jsaveri@                   knowing [1] - 15:18      94:21, 94:22               49:2, 50:19, 50:21,
     involved [27] - 5:21,   saferilawfirm.com [1]        knowledge [5] -           LAW [4] - 2:12, 2:16,     50:22, 51:3, 51:10,
    6:2, 6:24, 8:7, 8:8,     - 2:23                      30:7, 46:15, 66:23,       2:21, 3:8                  51:15, 51:22, 51:25,
    10:18, 22:24, 22:25,       Judge [10] - 8:10,        74:9, 84:11                laws [1] - 55:2           52:16, 52:21, 53:5,
    25:20, 30:10, 31:18,     8:17, 17:13, 29:9,           known [2] - 19:10,        lawsuit [3] - 29:15,      53:16, 57:20, 58:17,
    36:18, 39:22, 45:9,      29:21, 32:14, 65:2,         31:12                     55:19, 60:23               59:9, 60:16, 62:8,
    46:8, 46:12, 46:13,      67:2, 75:13, 89:16           knows [1] - 57:14         lawsuits [1] - 18:17      62:25, 63:4, 65:18,
    50:13, 68:16, 70:18,       JUDGE [1] - 1:11           Kong [1] - 17:6           Lawyer [1] - 17:2         67:12, 68:22, 73:2,
    71:24, 72:24, 73:1,        judge [7] - 8:19,                                    lawyer [8] - 18:6,        73:21, 76:22, 81:23,
    82:3, 83:24, 86:19       10:12, 18:7, 22:10,                    L              18:11, 32:11, 64:7,        82:14, 83:8, 83:16,
     involvement [1] -       46:8, 50:17, 63:19                                    65:20, 80:7, 88:16,        83:25, 84:8, 84:14,
    23:4                       judgement [1] - 17:6       L'Oreal [1] - 24:9       89:25                      84:18, 94:2, 94:18
     IPO [5] - 46:5, 46:6,     judges [1] - 39:14         lack [1] - 6:8            lawyering [2] - 5:1,        leading [4] - 35:9,
    50:13, 50:14, 50:16        judgment [1] - 24:9        landscape [1] -          5:25                       46:19, 73:25, 90:11
     Iran [1] - 40:7           judicial [3] - 22:12,     65:22                      lawyers [31] - 16:12,       leads [17] - 9:2, 9:10,
     Iranian [1] - 40:7      45:15, 71:1                  Lardner [3] - 64:10,     19:25, 20:11, 21:6,        9:12, 12:6, 16:10,
     issue [11] - 4:10,        Julie [3] - 30:5,         64:17, 65:1               21:17, 32:21, 33:13,       23:8, 42:9, 69:5, 69:6,
    16:16, 25:8, 26:12,      32:13, 88:4                  large [16] - 6:20,       39:16, 41:4, 48:20,        69:9, 69:10, 69:11,
    26:21, 28:23, 64:5,        July [1] - 24:6           8:11, 13:17, 14:12,       63:17, 64:16, 65:17,       69:19, 85:19, 85:20,
    64:11, 66:18, 84:16        jump [2] - 14:3,          15:15, 45:2, 47:2,        66:8, 66:11, 72:10,        93:12
     issuers [1] - 46:10     71:21                       50:13, 51:23, 55:7,       73:8, 74:4, 74:12,           leaner [1] - 76:20
     issues [32] - 5:25,       June [2] - 24:8, 79:8     59:21, 71:5, 72:13,       75:22, 75:25, 89:18,         learn [4] - 7:2, 12:10,
    7:18, 8:22, 15:6,          junior [1] - 74:4         81:4, 82:18, 86:17        90:17, 90:21, 91:3,        39:10, 82:18
    17:23, 27:12, 39:21,       jury [4] - 64:4, 72:13,    largely [3] - 77:16,     91:13, 91:15, 91:22,         learned [5] - 5:23,
    43:7, 49:22, 50:6,       79:9, 89:25                 92:17, 93:12              94:7, 94:20, 94:22         29:22, 32:5, 42:23,
    51:6, 52:2, 64:21,         justice [3] - 55:1,        larger [3] - 8:24,        lays [1] - 67:20          82:15
    66:19, 68:19, 70:23,     55:22, 56:7                 41:6, 76:24                lead [57] - 6:15, 10:7,     learning [1] - 7:3
    76:16, 77:19, 79:6,        Justice [2] - 46:1,        largest [4] - 37:8,      13:1, 13:13, 16:15,          least [5] - 17:10,
    82:14, 85:3, 85:10,      89:19                       46:7, 63:15, 64:13        17:21, 19:18, 20:9,        51:12, 53:12, 59:12,
    86:18, 86:20, 87:3,                                   last [15] - 8:13,        24:18, 25:22, 30:9,        88:9
    87:7, 87:11, 87:14,                                  12:25, 13:4, 15:8,        34:9, 34:19, 35:12,          leaving [2] - 35:23,
    87:17, 93:11
                                         K                                                                    36:2
                                                         24:1, 28:6, 32:25,        35:16, 38:6, 39:7,
     Italian [1] - 80:7       Kane [2] - 30:5,           33:11, 54:24, 63:5,       39:8, 39:10, 40:4,           led [3] - 35:5, 35:6,
     Item [1] - 73:2         32:13                       73:3, 78:20, 80:22,       41:18, 41:24, 42:12,       88:11
     items [1] - 73:6         Kantrowitz [4] -           82:4, 87:25               42:17, 42:22, 44:19,         left [4] - 5:11, 9:17,
     IV [1] - 3:8            44:16, 46:23, 47:7,          lastly [1] - 40:17       44:23, 46:5, 47:20,        13:25, 46:1
                             48:3                         late [2] - 5:8, 33:18    53:15, 53:24, 56:23,         legal [4] - 61:22,
               J              keep [3] - 6:20, 33:8,      latter [1] - 88:9        60:4, 63:3, 64:3, 64:6,    70:23, 87:3, 87:11
                             69:15                        Law [5] - 12:19,         66:17, 67:16, 68:1,          legally [1] - 55:16
     jak@klafterlesser.       Keep [1] - 41:17           39:13, 65:15, 76:7,       68:2, 72:1, 72:16,           length [1] - 28:16
    com [1] - 2:5             Kelley [1] - 66:11         88:6                      73:14, 74:1, 74:2,           Leon [1] - 1:23
     James [1] - 1:15         key [2] - 82:9, 82:17       law [60] - 5:9, 10:11,   76:2, 82:2, 85:16,           Leslie [1] - 65:2
     January [5] - 14:10,     kind [15] - 8:5, 9:3,      10:12, 10:15, 10:18,      85:21, 89:15, 89:19,         less [5] - 8:13, 28:19,
    42:24, 55:21, 56:14,     10:20, 11:15, 11:22,        11:25, 13:8, 18:9,        93:1                       42:9, 42:11, 94:12
    60:23                    13:6, 21:15, 24:5,          18:11, 19:6, 21:6,         leader [4] - 38:1,          less-experienced [1]
     JEFFREY [1] - 2:3       25:13, 26:3, 31:11,         21:9, 32:5, 32:6,         46:13, 86:21, 86:23        - 42:11
     Jersey [1] - 30:4       77:7, 77:20, 81:24,         32:12, 36:1, 36:7,         leader-type [1] -           lesser [1] - 6:24
     Jewish [1] - 67:1       83:22                       39:2, 46:12, 48:20,       86:21                        LESSER [1] - 2:3
     Jim [1] - 65:17          King [1] - 29:21           50:9, 55:2, 55:5,          leaders [1] - 39:17         level [15] - 8:12,
     job [4] - 29:8, 31:8,    KISS [1] - 41:16           57:25, 59:16, 59:18,       leadership [67] -         57:9, 58:14, 60:16,
    88:12, 93:6               KLAFTER [9] - 2:3,         63:18, 63:22, 64:3,       6:17, 7:14, 8:11, 9:1,     64:1, 65:24, 68:22,
     jobs [2] - 76:19,       2:3, 34:3, 34:5, 34:16,     64:6, 65:2, 65:22,        9:10, 9:23, 11:4,          69:2, 69:21, 70:24,
    76:20                    34:18, 38:23, 42:2,         66:10, 67:24, 68:3,       11:13, 11:22, 11:24,       85:20, 86:21, 86:23,
     Joe [1] - 21:22         42:23                       68:7, 68:9, 68:24,        13:5, 13:11, 14:22,        90:8
     joinder [1] - 68:20      Klafter [14] - 12:5,       73:8, 74:9, 74:11,        16:13, 20:13, 22:18,         levels [5] - 7:23,
     jointly [1] - 53:23     12:10, 33:20, 34:2,         77:21, 79:24, 80:12,      28:1, 28:12, 28:16,        16:15, 40:13, 40:14,
     JOSEPH [2] - 2:20,      34:13, 38:17, 44:5,         80:22, 81:17, 81:20,      29:23, 30:18, 31:21,       66:9
    2:21                     50:8, 54:2, 67:13,          83:7, 84:18, 84:22,       32:3, 32:7, 33:14,           liaison [16] - 10:1,
     JPML [2] - 72:22,       67:22, 68:15, 78:19,        84:24, 87:5, 87:6,        34:23, 37:16, 38:15,       10:2, 12:17, 27:24,
    72:23                    91:4                        87:9, 87:10, 88:15,       38:20, 47:5, 47:24,        28:10, 28:18, 29:2,
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 106 of
                                     113                                  10


    30:21, 31:22, 32:9,         logical [1] - 25:4      52:3, 77:4, 87:1, 87:6      members [15] - 7:14,     65:7
    32:10, 32:12, 32:13,        longstanding [1] -        match [1] - 7:24         9:22, 9:24, 10:7, 10:8,    mom [4] - 18:5, 18:6,
    86:5, 93:4                 55:5                       materials [3] - 47:23,   11:17, 56:6, 56:15,       22:10, 88:17
     Liebenberg [1] -           longtime [1] - 46:3     71:18, 83:9                61:14, 61:16, 75:10,       mom's [1] - 24:8
    86:5                        look [16] - 7:15,         matter [3] - 21:7,       89:20, 91:19, 91:25,       moment [3] - 62:22,
     lieutenants [2] -         10:23, 11:23, 14:13,     24:15, 96:5                93:24                     75:5, 83:4
    39:16, 39:17               21:11, 21:17, 21:23,       matters [5] - 47:12,      membership [1] -          moments [1] - 23:15
     life [6] - 38:8, 55:25,   36:19, 39:14, 58:16,     81:5, 82:25, 83:21,        6:13                       Monet [1] - 32:14
    56:5, 89:8, 90:10,         70:23, 72:18, 93:12,     84:12                       men [1] - 56:2            money [3] - 7:19,
    91:25                      93:15, 93:19               MAURICE [1] - 2:11        mentee [1] - 82:23       7:20, 86:14
     life-changing [1] -        looked [2] - 39:12,       maurice@                  mention [2] - 35:17,      month [3] - 8:13,
    56:5                       57:23                    pessahgroup.com [1]        38:2                      20:15, 44:1
     lifetime [1] - 56:8        looking [8] - 4:24,     - 2:14                      mentioned [11] -          months [3] - 32:25,
     light [2] - 34:21, 38:4   11:21, 24:11, 27:7,        McDONALD [1] -           12:2, 28:3, 32:20,        63:5, 77:17
     limitations [1] - 96:9    60:17, 69:5, 69:11,      1:14                       41:22, 46:21, 47:23,       moody [1] - 90:5
     limited [4] - 34:5,       84:25                      McDonald's [1] -         56:9, 58:20, 59:5,         Moody [2] - 88:4
    40:25, 53:5, 90:23          looks [2] - 22:15,      65:5                       68:4, 87:13                morning [9] - 4:2,
     line [6] - 40:2, 41:19,   61:17                      MDL [50] - 5:1, 5:20,     mentor [1] - 82:22       4:7, 4:8, 16:7, 16:8,
    44:17, 47:8, 64:16,         Los [1] - 1:21          5:23, 6:20, 11:15,          mentored [1] - 82:8      71:14, 71:15, 89:25,
    67:24                       lose [1] - 81:12        14:14, 15:9, 15:12,         mentoring [1] -          95:7
     lines [1] - 25:17          losses [1] - 89:22      16:11, 17:13, 20:13,       42:15                      morning's [1] - 38:3
     lion's [3] - 67:17,        louder [1] - 79:21      24:22, 29:7, 29:14,         mentors [1] - 82:19       mosaic [2] - 18:2,
    67:20, 67:24                lower [1] - 86:23       30:4, 31:23, 32:14,         mentorship [3] -         21:16
     listened [1] - 43:4        lunch [2] - 33:21,      35:3, 35:6, 35:10,         6:16, 6:22, 82:25          most [21] - 16:16,
     listening [1] - 61:11     95:12                    37:8, 37:10, 37:12,         merit [1] - 78:2         19:15, 28:11, 30:17,
     literally [1] - 26:20                              38:21, 44:20, 45:5,         merits [2] - 90:15,      41:19, 50:22, 57:16,
     litigate [1] - 59:21                M              45:7, 48:8, 49:6,          90:16                     59:7, 60:8, 63:23,
     litigated [8] - 47:9,                              50:20, 59:22, 59:24,        met [2] - 5:14, 83:23    64:14, 64:15, 68:5,
    59:20, 60:24, 81:3,         Madison [1] - 3:4       59:25, 61:8, 63:14,         Metcalf [2] - 13:4,      72:5, 72:9, 76:25,
    82:4, 84:10, 85:1,          magistrate [1] - 8:19   63:20, 63:21, 65:10,       46:17                     82:10, 91:6, 91:7,
    85:8                        Main [3] - 21:20,       65:12, 65:25, 70:8,         METCALF [1] - 2:8        91:14, 91:20
     litigating [5] - 7:17,    21:21, 21:22             70:14, 72:2, 81:4,          Miami [11] - 2:18,        mother [1] - 88:10
    30:11, 61:5, 80:12,         major [1] - 25:13       82:17, 82:24, 83:16,       3:16, 3:17, 20:25,         motion [9] - 7:4, 7:6,
    82:24                       majority [1] - 63:2     84:8, 89:20                21:1, 29:19, 63:24,       8:17, 26:12, 41:11,
     Litigation [1] - 89:18     male [1] - 80:24          MDL-related [1] -        66:8, 90:24, 96:15,       48:13, 57:25, 58:21,
     LITIGATION [1] - 1:5       manage [2] - 70:9,      82:24                      96:16                     62:23
     litigation [43] - 8:8,    72:16                      MDLs [16] - 5:21, 6:2,    MIAMI [1] - 1:2           motions [10] - 8:15,
    8:9, 13:17, 14:16,          managed [1] - 26:7      6:3, 6:4, 10:20, 21:3,      Michael [2] - 44:9,      8:23, 10:14, 10:15,
    16:19, 16:21, 16:25,        management [3] -        29:21, 30:6, 32:7,         44:25                     15:6, 15:14, 58:6,
    19:10, 20:3, 29:13,        25:13, 70:10, 71:25      35:5, 35:7, 36:20,          microphone [1] -         59:6, 77:22, 91:12
    30:14, 44:15, 47:11,        managing [4] - 9:19,    47:3, 47:5, 47:25,         34:15                      mouth [1] - 86:14
    50:13, 51:7, 54:14,        72:11, 74:11, 74:12      57:11                       middle [1] - 88:10        move [5] - 13:16,
    57:12, 57:13, 58:5,         manner [3] - 29:5,        mean [3] - 31:7,          Middle [1] - 8:9         13:18, 43:17, 93:24,
    59:7, 59:19, 59:23,        45:4, 62:18              31:13, 32:4                 midst [1] - 63:24        95:9
    60:1, 62:16, 66:7,          MARIA [1] - 2:16          meaningful [2] - 6:7,     might [7] - 11:11,        moved [4] - 5:15,
    66:16, 72:2, 72:4,          market [5] - 88:13,     9:21                       15:3, 33:21, 39:2,        51:3, 72:22, 73:17
    74:11, 80:13, 81:14,       88:19, 88:24, 89:2,        mechanical [1] -         39:3, 40:16, 50:5          moves [1] - 15:25
    81:19, 82:17, 82:18,       92:13                    5:13                        million [1] - 19:8        MR [68] - 4:7, 4:19,
    83:12, 83:19, 85:4,         markets [2] - 55:11,      media [1] - 56:13         millions [2] - 55:11,    9:7, 9:9, 14:1, 14:7,
    86:12, 86:13, 89:13,       55:17                      mediation [1] - 83:21    74:18                     14:25, 15:11, 16:4,
    89:14, 90:12                mass [5] - 37:12,         meet [3] - 6:1, 22:13,    mine [1] - 5:19          16:7, 16:9, 20:14,
     litigator [1] - 45:14     37:21, 65:18, 65:19,     86:19                       minutes [3] - 5:2,       20:18, 22:20, 24:1,
     live [2] - 14:18, 15:4    69:18                      meeting [4] - 6:25,      13:25, 33:9               24:23, 27:19, 34:3,
     lived [1] - 21:13          masses [2] - 89:1,      7:2, 20:21, 54:23           Miramar [1] - 45:1       34:5, 34:16, 34:18,
     living [1] - 88:12        89:4                       meetings [1] - 63:5       mitigated [1] - 84:4     38:23, 42:2, 42:23,
     Liz [1] - 46:17            massive [2] - 41:1,       Melissa [3] - 44:16,      mobile [1] - 55:14       44:8, 44:12, 48:5,
     LLC [1] - 3:8             46:15                    46:22                       mobility [1] - 92:14     48:17, 49:4, 49:7,
     LLP [4] - 1:19, 2:3,       master [11] - 14:23,      Melvin [1] - 40:24        model [1] - 72:21        50:21, 51:19, 52:15,
    2:8, 2:21                  49:5, 49:10, 49:12,        member [3] - 10:24,       modern [1] - 65:7        52:20, 53:3, 53:20,
     local [1] - 30:7          50:1, 51:25, 52:1,       13:7, 35:10                 modern-day [1] -         54:2, 54:17, 54:19,
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 107 of
                                     113                                  11


    57:2, 58:23, 59:16,       61:2                        noted [2] - 73:16,        old [1] - 20:15          42:5, 42:6, 42:17
    60:6, 60:22, 61:10,         needs [9] - 28:24,       94:20                      older [1] - 83:1           opposition [1] - 19:1
    62:4, 71:12, 71:14,       52:9, 61:13, 61:16,         notion [2] - 52:20,       olds [1] - 22:7            oral [1] - 95:5
    75:22, 76:4, 76:12,       65:17, 68:21, 69:17,       53:9                       omega [1] - 77:8           order [3] - 9:25,
    77:6, 78:25, 79:17,       71:6, 89:12                 nots [1] - 88:20          omitted [1] - 53:1       62:10, 62:15
    79:19, 79:23, 80:3,         negative [2] - 6:3,       nowadays [2] -            omitting [1] - 53:3        orders [2] - 66:19,
    81:10, 83:17, 84:9,       38:10                      10:20, 11:15               once [2] - 54:7, 55:4    71:7
    87:2, 87:24, 88:1,          negligence [5] -          number [11] - 14:8,       one [91] - 6:10, 6:17,     ordinary [1] - 92:16
    88:3, 92:24, 94:4,        29:16, 35:22, 43:16,       32:21, 40:25, 47:2,       6:18, 7:10, 8:7, 8:18,      organic [1] - 63:4
    94:19, 95:1               64:4                       47:4, 54:3, 71:5,         9:11, 9:25, 10:1, 10:7,     organization [1] -
     MS [14] - 27:21, 31:3,     negligence-type [1]      74:21, 77:19, 81:4,       10:9, 10:10, 10:11,       15:17
    31:7, 31:24, 32:24,       - 43:16                    84:1                      11:7, 12:13, 13:22,         organizations [1] -
    33:15, 33:17, 62:6,         negligence/               numbers [1] - 10:21      14:8, 14:9, 15:1,         71:25
    62:14, 67:15, 68:11,      fraudulent [1] - 35:1       numerous [3] - 7:23,     15:11, 15:18, 16:10,        organize [3] - 77:13,
    70:2, 70:16, 71:9           neoclassical [2] -       72:5, 73:19               17:1, 17:14, 18:19,       77:21, 78:11
     multidistrict [1] -      25:12, 25:21                NY [2] - 2:5, 3:5        18:20, 18:23, 22:22,        organized [3] -
    72:13                       Nephew [1] - 14:17                                 24:5, 24:7, 25:2, 25:7,   57:21, 74:1, 75:8
     multiple [1] - 89:20       network [1] - 32:17                O               25:9, 25:12, 28:18,         organizing [3] -
     Murray [1] - 20:23         never [6] - 14:14,                                 29:9, 31:4, 33:11,        57:18, 58:20, 79:5
     mushing [1] - 36:2       38:5, 38:8, 55:4, 66:7,     O'BRIEN [1] - 1:19       36:13, 36:20, 36:22,        oriented [1] - 48:11
     must [2] - 20:14,        88:16                       oberlin [1] - 44:7       36:23, 38:9, 39:1,          origin [1] - 88:18
    22:25                       new [4] - 10:20,          Oberlin [3] - 44:9,      39:12, 39:15, 40:5,         ourselves [1] - 57:7
     muted [3] - 4:5, 4:6,    16:18, 31:25, 55:4         44:25, 49:1               41:24, 42:9, 43:14,         outage [2] - 43:12,
    71:11                       New [16] - 2:9, 3:5,      objections [2] -         47:3, 49:13, 49:15,       43:13
                              5:10, 30:4, 45:19,         15:20, 15:22              49:16, 50:1, 51:16,         outcome [1] - 92:1
               N              50:18, 67:3, 74:24,         obligations [1] -        51:19, 51:21, 52:2,         outlined [3] - 55:23,
                              75:2, 75:24, 80:8,         62:18                     52:3, 52:11, 57:17,       56:19, 58:7
     name [2] - 4:21, 32:5    80:9, 81:18, 85:4,          observation [1] -        60:8, 61:23, 63:8,          outside [1] - 82:16
     named [6] - 17:2,        90:24                      73:7                      64:5, 64:11, 64:14,         overall [3] - 24:21,
    32:7, 47:3, 67:22,          next [4] - 33:20,         observations [2] -       69:17, 72:16, 73:14,      38:20, 84:8
    86:6, 86:8                34:1, 37:6, 76:6           38:18, 44:6               77:6, 77:13, 77:20,         overbroadness [1] -
     names [1] - 32:16          nexus [1] - 70:17         obstacles [2] -          77:25, 78:9, 78:10,       15:22
     naming [2] - 67:22,        nice [2] - 16:6, 95:12   39:25, 55:4               82:11, 84:1, 85:16,         overburden [1] -
    67:23                       night [2] - 18:5,         obtaining [1] - 75:3     87:6, 87:25, 90:4,        57:6
     narrow [1] - 57:17       88:11                       obviously [17] - 4:24,   93:7
                                                                                                               overcome [1] - 15:10
     NATALIA [1] - 2:16         nimble [1] - 76:22       18:15, 22:7, 39:19,        ones [2] - 35:2, 77:7
                                                                                                               overcomplication
     nationwide [2] -           nms@ferrarolaw.          41:22, 56:13, 57:18,       online [2] - 55:9,
                                                                                                             [1] - 70:22
    47:5, 47:14               com [1] - 2:18             57:20, 58:6, 58:16,       55:12
                                                                                                               overlap [2] - 84:20,
     nature [4] - 47:13,        NO [1] - 1:2             59:3, 60:12, 61:20,        onset [1] - 31:9
                                                                                                             85:2
    66:12, 68:13, 70:8          Nomad [1] - 36:17        81:15, 84:15, 86:19,       open [2] - 59:3,           overlapping [1] -
     navigate [1] - 41:18       nominate [1] - 19:19     87:19                     60:12                     85:10
     navigated [1] - 31:20      nominated [1] -           occupying [1] - 60:3      opened [1] - 88:24         overly [1] - 15:24
     near [1] - 40:14         89:17                       occur [1] - 11:17         opening [3] - 34:5,        oversee [2] - 9:14,
     nearly [4] - 28:15,        nondiverse [1] -          occurred [3] - 14:10,    79:12, 90:1               11:12
    29:13, 30:10, 30:17       17:20                      71:3, 96:7                 operate [1] - 85:20        overseeing [1] - 86:5
     necessarily [1] -          none [1] - 36:18          occurs [1] - 6:11         operative [1] - 71:3       oversees [1] - 10:25
    41:15                       nonlead [1] - 86:24       odd [1] - 37:13           operators [1] - 65:6       overtime [1] - 66:16
     necessary [4] -            nonRobinhood [3] -        OF [1] - 1:1              opinion [1] - 67:25        overtly [1] - 38:10
    14:21, 29:4, 55:6,        47:17, 51:4, 52:23          offer [3] - 17:15,        opioid [1] - 59:23         own [17] - 11:5,
    83:7                        normal [2] - 8:14,       24:20, 84:7                opioids [1] - 66:1       22:23, 27:8, 28:6,
     need [17] - 15:15,       55:4                        offers [1] - 17:16        opponents [2] -          37:4, 37:22, 44:3,
    19:24, 24:25, 28:18,        normally [1] - 32:23      office [4] - 74:24,      75:11, 75:12              46:18, 51:15, 61:21,
    29:1, 34:20, 37:24,         North [3] - 2:12,        75:25, 83:18               opportunities [1] -      63:10, 77:11, 78:3,
    37:25, 41:20, 43:25,      3:16, 96:15                 officer [1] - 14:7       8:2                       80:18, 87:2, 87:20
    49:23, 49:24, 52:4,         Northern [1] - 43:14      offices [4] - 40:5,       opportunity [12] -         owner [1] - 65:5
    57:19, 66:23, 79:21,        notable [1] - 61:23      60:24, 75:2, 75:23        4:22, 5:11, 28:14,
    93:12                                                 Official [1] - 96:14     30:23, 44:13, 54:19,
     needed [8] - 10:22,
                                note [9] - 20:8, 57:3,
                                                                                   59:8, 62:7, 71:19,
                                                                                                                        P
                              72:12, 72:14, 74:4,         official [1] - 3:15
    18:13, 18:20, 23:13,      74:23, 90:22, 93:8,         often [3] - 26:10,       80:4, 81:21, 88:13         P.A [2] - 1:23, 2:16
    32:22, 54:10, 59:13,      96:7                       39:17, 88:19               opposed [5] - 28:4,       P.C [1] - 1:14
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 108 of
                                     113                                  12


     P.M [2] - 33:2, 33:3      9:15, 10:17, 11:1,         phenomenal [1] -            polish [1] - 83:2         precedes [1] - 66:15
     p.m [4] - 1:7, 33:24,     11:3, 11:5, 11:13,        93:5                         political [1] - 93:18     precise [1] - 23:18
    33:25, 95:14               11:21, 12:25, 13:18,       phone [2] - 28:22,          Ponce [1] - 1:23          predominantly [2] -
     Pages [1] - 1:8           14:9, 19:12, 19:20,       63:6                         pool [1] - 40:10         80:14, 81:3
     pandemic [5] -            22:6, 22:9, 22:11,         physical [1] - 38:7         pose [1] - 15:21          prefer [1] - 76:21
    63:25, 74:25, 75:24,       25:15, 25:19, 25:22,       pick [1] - 33:20            position [31] - 13:1,     preference [1] -
    90:23, 96:8                25:23, 26:2, 26:3,         picked [1] - 89:25         13:3, 14:22, 15:3,        76:20
     panel [1] - 71:1          26:14, 37:22, 39:19,       pictures [1] - 22:6        16:10, 26:9, 27:24,        prefers [1] - 51:24
     PANEL [2] - 4:12,         55:11, 56:4, 57:15,        Place [1] - 1:15           28:4, 31:5, 33:10,         premium [1] - 62:17
    95:13                      61:11, 61:17, 61:19,       place [2] - 83:25,         41:21, 44:19, 49:2,        prepare [1] - 54:20
     Panel [1] - 72:22         86:1, 86:22, 90:4,        90:4                        49:7, 51:4, 52:16,         prepared [3] - 56:18,
     panoramic [2] -           91:24                      placed [1] - 21:25         53:5, 53:7, 53:16,        74:21, 94:23
    18:22, 32:13                per [7] - 8:5, 9:2,       places [1] - 62:17         56:23, 60:4, 60:17,        preparing [5] - 8:2,
     paper [3] - 15:2,         9:10, 10:6, 10:7,          plaintiff [2] - 46:12,     62:8, 65:18, 81:5,        39:13, 72:14, 74:13,
    39:14, 93:4                40:19, 91:19              85:5                        81:6, 83:20, 86:24,       79:12
     papers [1] - 35:25         percent [15] - 14:20,     plaintiffs [10] -          94:2, 94:18                presence [1] - 75:18
     paragraph [1] - 7:1       23:20, 23:21, 24:3,       16:24, 17:8, 29:3,           positioned [1] -          present [4] - 16:9,
     paralegals [1] - 72:7     24:17, 36:14, 43:24,      30:1, 40:1, 55:25,          26:17                     20:1, 80:4, 95:3
     parent [1] - 18:5         43:25, 54:9, 61:1,        63:16, 64:13, 85:15,         positions [4] - 29:23,    presentation [7] -
     parents [4] - 5:7,        70:3, 70:4, 70:7,         94:11                       32:3, 32:7, 47:2          5:6, 13:21, 13:24,
    5:10, 40:7, 80:8           70:12, 83:19               plaintiffs' [25] - 7:22,    possibility [2] -        21:14, 33:21, 42:8,
     part [26] - 22:18,         percentage [2] -         18:25, 19:9, 22:19,         41:25, 59:7               92:20
    26:2, 32:8, 37:10,         23:25, 24:16              26:7, 28:10, 28:23,          possible [7] - 34:8,      presentations [3] -
    47:17, 48:2, 48:7,          perfect [2] - 19:19,     30:14, 30:17, 31:10,        40:2, 44:24, 55:20,       5:18, 95:5
    48:23, 49:22, 51:4,        79:11                     31:19, 33:1, 46:2,          61:24, 62:1, 92:4          presented [1] - 81:25
    51:22, 51:23, 52:5,         perhaps [8] - 33:5,      59:10, 61:25, 64:23,         possibly [4] - 42:25,     presenter [1] - 34:1
    52:6, 52:22, 52:24,        34:15, 36:17, 40:20,      65:19, 72:10, 81:1,         87:3, 87:5, 87:8           presenting [1] - 31:2
    53:17, 54:9, 54:13,        41:5, 50:4, 78:6,         83:10, 83:12, 86:6,          post [1] - 75:24          presents [1] - 30:13
    56:7, 65:2, 77:2, 79:9,    87:13                     86:7, 89:18                  postponed [1] -           preserve [1] - 72:25
    82:10, 88:9, 91:14          period [6] - 6:8,         Plaintiffs' [1] - 75:10    79:10                      President [1] - 92:12
     participated [1] -        25:19, 71:4, 72:17,        plan [2] - 5:2, 43:10       postures [1] - 62:19      presiding [1] - 36:1
    35:6                       72:22, 73:20               plans [1] - 75:24           potential [4] - 15:5,     prevent [2] - 20:3,
     participating [1] -        permanent [1] -           plate [2] - 23:18,         56:15, 57:17, 73:15       20:4
    61:6                       17:25                     23:19                        power [7] - 7:24,         previewed [1] -
     particular [11] - 21:7,    person [14] - 9:13,       platform [2] - 60:9,       81:12, 88:18, 88:19,      70:16
    24:15, 26:21, 55:9,        9:17, 12:16, 12:21,       73:9                        89:1, 89:4, 89:5           previous [2] - 45:10,
    65:12, 76:16, 83:3,        17:21, 17:22, 26:15,       play [2] - 60:15,           Powerhouse [1] -         47:1
    83:17, 85:12, 86:18,       29:8, 42:11, 53:19,       84:13                       46:4                       previously [1] -
    87:16                      53:23, 75:1, 82:13         players [1] - 36:16         PowerPoint [1] - 9:3     81:18
     particularly [4] - 6:3,    personal [4] - 5:20,      playing [2] - 57:1,         practical [1] - 47:11     price [3] - 82:11,
    54:11, 63:17, 86:3         23:4, 46:14, 88:22        90:8                         practice [19] - 7:4,     83:14, 86:3
     parties [1] - 72:25        personalities [1] -       pleading [4] - 51:16,      16:18, 16:21, 16:23,       primarily [1] - 35:2
     partner [7] - 30:3,       31:18                     77:21, 78:8, 78:11          17:7, 19:3, 29:11,         primary [7] - 34:10,
    46:3, 46:17, 46:23,         personally [3] - 56:5,    pleadings [4] -            46:24, 47:14, 48:13,      34:19, 43:22, 43:23,
    47:9, 73:22, 81:19         71:24, 91:18              43:11, 48:12, 51:7,         57:12, 58:1, 58:21,       64:5, 94:19, 94:24
     partners [2] - 83:23,      persons [1] - 8:5        79:5                        59:20, 65:10, 77:22,       principal [1] - 75:25
    84:2                        perspective [2] -         pleased [1] - 30:20        77:24, 83:2, 91:12         principle [2] - 41:16,
     parts [1] - 52:23         51:12, 56:15               pleasure [3] - 16:5,        practiced [2] - 5:14,    69:16
     passion [1] - 67:4         pertains [1] - 55:8      30:16, 71:15                16:19                      principles [1] - 55:5
     past [1] - 80:22           Peru [1] - 21:1           pled [1] - 43:19            practices [4] - 8:15,     priority [2] - 55:2,
     path [1] - 56:7            PESSAH [11] - 2:11,       plenty [2] - 57:22,        8:16, 29:16, 32:18        84:1
     pause [1] - 75:16         2:12, 54:17, 54:19,       90:25                        practicing [3] - 5:16,    privileged [1] - 58:13
     pay [1] - 61:19           57:2, 58:23, 59:16,        plug [2] - 37:7, 37:8      57:12, 59:16               problems [4] - 20:20,
     PC [1] - 2:12             60:6, 60:22, 61:10,        plus [1] - 81:2             practitioner [1] -       20:21, 61:8, 70:14
                               62:4                                                  65:16
     peers [1] - 63:1                                     point [10] - 17:14,                                   procedurally [1] -
                                Pessah [3] - 13:1,       37:6, 52:5, 53:19,           practitioners [1] -
     pen [1] - 15:2                                                                                            58:4
                               54:16, 62:3               69:13, 82:13, 90:14,        64:25
     Pennsylvania [1] -                                                                                         Procedure [1] -
                                Peter [2] - 44:8,        90:25, 91:13, 93:19          pre [2] - 62:10, 62:15
    83:11                                                                                                      27:14
                               44:12                      pointed [1] - 81:15         pre-trial [2] - 62:10,
     people [42] - 6:4, 6:7,                                                                                    proceed [2] - 78:5,
                                PETER [1] - 2:7           police [1] - 37:24         62:15
    6:15, 6:21, 7:12, 8:4,                                                                                     93:2
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 109 of
                                     113                                  13


      Proceedings [1] -       45:17, 46:14                quickly [3] - 8:25,      52:3                       reporter [2] - 34:13,
    95:14                      prosecutorial [1] -       34:7, 40:2                 receive [1] - 10:1       62:12
      proceedings [4] -       52:5                        quite [3] - 26:9,         received [2] - 47:4,      Reporter [2] - 3:15,
    4:1, 33:25, 72:23,         protect [1] - 21:21       33:19, 56:19              58:11                     96:14
    96:4                       protected [1] - 45:12      quote [1] - 92:12         recent [1] - 67:2         reporting [1] - 96:9
      process [15] - 5:24,     proud [2] - 17:1,                                    recently [10] - 21:14,    represent [9] - 18:1,
    9:15, 11:17, 13:12,       66:14                                 R              28:11, 47:3, 47:11,       18:13, 19:24, 38:6,
    19:16, 19:19, 19:24,       provide [2] - 43:20,                                48:1, 54:4, 54:7,         57:15, 63:12, 68:5,
    22:10, 22:13, 22:14,      91:6                        race [1] - 11:10         63:23, 75:13, 82:10       74:16, 88:3
    25:20, 28:14, 31:20,       provided [2] - 13:22,      Rachel [1] - 27:22        recess [1] - 33:24        representation [3] -
    57:5, 82:23               71:17                       RACHEL [1] - 1:22         recognized [3] -         51:5, 69:14, 78:2
      processes [2] -          provides [1] - 83:1        racial [1] - 65:6        47:24, 55:16, 75:13        representative [1] -
    15:18, 89:21               providing [1] - 86:15      raise [2] - 32:16,        record [2] - 63:2,       9:17
      product [4] - 63:3,      PSE [1] - 69:2            38:8                      66:20                      represented [12] -
    63:4, 72:19, 87:22         PSR [2] - 84:11,           raised [6] - 18:4,        records [1] - 72:25      17:7, 18:16, 19:5,
      productive [1] - 92:8   84:15                      20:25, 21:1, 80:9,         recruited [1] - 64:23    19:7, 19:9, 19:11,
      Products [1] - 48:1      PSR-related [1] -         88:10                      Reddy [4] - 71:17,       26:10, 46:25, 48:20,
      professional [3] -      84:11                       ran [1] - 55:17          72:6, 74:4, 75:20         64:13, 64:15, 85:5
    29:5, 72:7, 74:16          PSRA [1] - 28:21           ranging [1] - 80:25       redlining [1] - 65:8      representing [7] -
      professionalism [4]      Public [1] - 21:23         rank [1] - 35:9           refer [1] - 73:5         16:16, 16:24, 18:3,
    - 62:17, 63:8, 75:6,       public [2] - 55:10,        rather [1] - 47:25        referring [1] - 50:9     22:15, 24:5, 37:22,
    75:7                      55:17                       re [1] - 55:10            refocus [1] - 83:23      87:15
      professionals [1] -      purpose [1] - 9:13         RE [1] - 1:4              regard [13] - 36:15,      represents [2] -
    56:2                       purposes [4] - 49:12,      re-imagined [1] -        44:22, 44:23, 48:22,      21:16, 26:3
      Professor [2] -         50:5, 77:21, 78:8          55:10                     50:25, 51:1, 51:4,         reputation [3] -
    66:14, 66:17               pursued [2] - 13:8,        reach [1] - 21:22        51:6, 51:13, 53:7,        66:15, 75:9, 82:5
      profits [1] - 90:6      45:5                        reached [2] - 32:9,      53:8, 53:16, 93:6          request [1] - 54:20
      progress [1] - 92:9      push [2] - 36:22,         81:23                      regarding [2] -           requests [1] - 15:19
      projects [1] - 25:23    55:13                       read [3] - 9:4, 21:18,   26:12, 73:2                require [3] - 13:17,
      prominent [2] - 47:2,    put [19] - 7:20, 21:14,   92:22                      regardless [1] -         40:3, 59:4
    63:22                     25:2, 37:2, 37:15,          ready [4] - 20:19,       33:12                      required [5] - 14:15,
      promote [2] - 38:14,    38:12, 39:13, 41:21,       21:10, 24:2, 63:11         regular [1] - 41:10      17:24, 23:9, 48:12,
    39:6                      42:7, 48:3, 49:9, 50:5,     real [7] - 49:17,         relate [1] - 87:17       61:3
      promoting [2] - 32:2,   51:14, 52:14, 52:25,       49:24, 49:25, 51:13,       related [3] - 82:24,      requirements [1] -
    39:15                     53:14, 57:3, 68:15,        67:4, 86:2, 86:15         84:11, 86:18              73:12
      proper [1] - 53:10      84:15                       realistically [1] -       relations [1] - 62:19     requires [1] - 62:17
      proponent [1] -          putative [5] - 63:12,     49:11                      relationship [1] -        rescue [1] - 29:20
    69:18                     65:4, 70:21, 90:13,         realize [1] - 85:2       55:10                      research [3] - 10:17,
      proposal [6] - 7:12,    91:16                       reallocate [1] - 70:6     relationships [3] -      32:8, 94:8
    13:10, 13:24, 52:13,       puts [1] - 35:14           really [36] - 13:1,      36:16, 55:6, 56:18         resident [1] - 45:1
    52:15, 78:19               putting [7] - 38:24,      17:10, 21:8, 26:17,        relatively [2] - 41:3,    resolution [3] - 20:3,
      proposals [3] - 20:9,   39:24, 48:15, 48:17,       29:1, 29:11, 30:21,       91:2                      44:4, 92:4
    38:18, 92:22              48:18, 74:12, 86:14        31:9, 38:5, 56:11,         reliable [1] - 29:5       resolved [3] - 8:25,
      propose [8] - 6:18,                                57:8, 58:24, 59:9,         reliance [1] - 54:25     26:18, 83:21
    9:1, 9:9, 9:22, 39:8,                Q               61:4, 61:13, 65:7,         relying [1] - 23:8        resolving [1] - 72:11
    42:16, 68:1, 69:7                                    65:21, 66:21, 67:18,       remains [1] - 55:2        resources [8] -
      proposed [8] - 6:19,     qualifications [2] -      70:17, 76:25, 78:10,       remarkable [1] -         35:12, 44:3, 66:3,
    8:4, 11:9, 25:11,         80:5, 80:6                 78:14, 79:11, 79:15,      73:17                     74:15, 74:16, 74:17,
    42:13, 67:14, 71:18,       qualified [4] - 11:6,     83:2, 84:1, 87:20,         remarks [4] - 34:5,      82:1
    76:7                      12:22, 40:15, 59:17        87:21, 89:3, 91:20,       54:22, 68:8, 92:11         respect [10] - 18:24,
      proposing [7] - 9:12,    quality [1] - 8:9         92:8, 93:2, 93:23,         remediate [1] - 55:6     31:25, 62:8, 63:1,
    41:23, 67:13, 67:16,       questions [22] -          94:8                       remedy [2] - 94:12,      64:25, 68:22, 69:19,
    69:25, 75:19, 76:2        4:18, 5:3, 5:5, 7:3,        reason [7] - 13:11,      94:13                     74:19, 81:17, 81:19
      prosecute [2] -         13:24, 13:25, 20:6,        28:8, 49:21, 56:10,        remember [1] - 31:3       response [2] - 8:18
    63:11, 72:16              22:22, 30:23, 34:7,        57:7, 57:13, 71:2          remind [1] - 21:24        responses [1] -
      prosecuted [3] -        38:4, 38:15, 44:18,         reasonable [1] -          remotely [2] - 30:11,    15:24
    44:23, 46:7, 54:14        54:21, 56:19, 56:21,       48:21                     96:9                       responsibilities [1] -
      prosecuting [2] -       61:15, 67:8, 67:10,         reasonably [1] - 40:2     Repeat [1] - 51:18       94:23
    39:20, 46:19              73:4, 75:16, 83:3           reasons [5] - 6:10,                                 responsibility [9] -
                                                                                    REPORTED [1] -
      prosecution [2] -        quick [1] - 92:4          13:23, 33:18, 36:13,                                31:12, 32:19, 34:10,
                                                                                   3:13
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 110 of
                                     113                                  14


    34:19, 43:23, 43:24,       30:1                       75:22, 76:4, 76:12,        11:2, 15:6, 16:6, 18:8,     shadow [1] - 85:20
    82:9, 86:2, 94:20            Rothenberg [1] -         77:6, 78:25, 79:17         19:25, 24:21, 26:1,         shadowing [1] -
      responsible [1] -        65:2                        Saveri's [1] - 84:21      39:5, 41:9, 48:6, 57:7,    85:17
    87:15                        roughly [1] - 90:24       savings [1] - 91:25       64:16, 65:13, 66:12,        shape [1] - 65:22
      rest [1] - 26:4            round [1] - 66:21         saw [5] - 18:19,          70:16, 84:12, 86:16         share [5] - 9:4,
      result [1] - 13:6          RoundUp [1] - 59:23      21:13, 21:16, 71:1,         seek [4] - 49:2, 64:3,    22:11, 67:17, 67:20,
      retail [1] - 55:11         Roy [1] - 88:3           94:13                      66:7, 68:2                 67:25
      retained [2] - 42:24,      ROY [1] - 3:8             schedule [1] - 79:12       seeking [2] - 53:4,        sharecropping [1] -
    55:24                        roy@akimlawfirm.          schedules [1] - 61:4      53:16                      65:8
      retrial [2] - 24:11,     com [1] - 3:10              scheduling [3] -           select [1] - 33:13         shared [1] - 38:18
    47:12                        RPR [2] - 3:14, 96:14    28:23, 66:19, 71:6          selected [1] - 42:22       sharing [1] - 60:12
      reveals [1] - 72:19        Rule [5] - 17:25,         SCHIRRIPA [10] -           self [1] - 22:23           SHARON [2] - 3:14,
      revenue [1] - 90:6       73:12, 77:24, 78:13        3:3, 3:4, 79:19, 79:23,     senior [3] - 7:6, 7:11,   96:14
      review [1] - 86:19         Rules [1] - 27:14        80:3, 81:10, 83:17,        63:19                       sheets [1] - 23:23
      reviewed [1] - 43:11       rules [3] - 27:14,       84:9, 87:2, 87:24           sense [10] - 35:20,        shift [1] - 94:23
      rewarded [1] - 91:23     30:8, 68:20                 Schirripa [16] -          35:24, 36:11, 37:19,        short [3] - 71:4,
      risk [1] - 66:5            run [4] - 56:1, 57:11,   12:11, 16:14, 19:4,        50:5, 50:22, 77:1,         78:13, 79:1
      roadmap [3] - 43:20,     86:4, 90:20                20:8, 26:16, 36:3,         78:21, 78:22, 85:17         show [1] - 23:14
    58:2, 58:3                   running [2] - 24:4,      76:6, 76:11, 76:13,         sensitive [1] - 61:10      shown [1] - 31:15
      Roberta [1] - 86:4       46:15                      79:18, 79:20, 79:22,        separate [11] - 25:1,      shows [1] - 18:1
      Robinhood [54] -           rwf@grossmanroth         79:24, 83:5, 87:23         50:2, 51:25, 52:1,          side [19] - 7:17, 7:20,
    12:6, 19:21, 21:22,        .com [1] - 1:25             Schlesinger [3] -         52:21, 53:1, 78:2,         7:22, 7:25, 13:19,
    34:10, 34:20, 34:22,         Rye [1] - 2:5            8:10, 8:17, 10:12          78:9, 84:16, 87:3,         18:25, 19:8, 26:7,
    35:2, 35:19, 35:21,                                    school [9] - 5:9,         87:8                       27:10, 31:19, 33:1,
                                                          18:5, 18:6, 18:9,           separated [1] - 35:18
    35:23, 36:7, 36:13,                   S                                                                     59:10, 59:24, 59:25,
    36:14, 36:15, 36:25,                                  18:10, 18:12, 80:12,        separately [1] -          64:18, 64:23, 67:3,
    37:5, 39:1, 39:3,           safely [1] - 33:10        88:11, 88:15               49:23                      84:16
    40:23, 41:1, 41:23,         Safirstein [6] - 13:4,     School [2] - 12:19,        series [1] - 83:13         sides [1] - 4:24
    42:3, 42:22, 43:12,        44:8, 44:13, 47:22,        39:13                       serve [6] - 30:20,         signature [1] - 63:13
    43:13, 43:17, 45:6,        59:1, 68:14                 Schwab [2] - 36:9,        33:4, 57:7, 89:15,          significant [8] - 43:2,
    45:7, 48:24, 49:16,         safirstein [1] - 54:15    37:4                       93:25, 94:13               48:14, 65:25, 66:3,
    50:1, 51:1, 52:6,           SAFIRSTEIN [15] -          Scola [1] - 67:2           served [10] - 31:22,      72:2, 84:20, 89:13,
    52:22, 53:8, 55:9,         2:7, 2:8, 44:8, 44:12,      scope [1] - 70:8          32:4, 34:23, 46:4,         89:23
    55:17, 60:7, 60:8,         48:5, 48:17, 49:4,          screen [1] - 9:7          49:12, 57:10, 63:23,        significantly [2] -
    60:9, 60:14, 60:18,        49:7, 50:21, 51:19,         scrutiny [1] - 56:14      64:1, 65:17, 66:17         81:7, 90:13
    67:21, 68:25, 70:18,       52:15, 52:20, 53:3,         seamless [1] - 30:14       serving [8] - 28:10,       similar [2] - 51:8,
    77:13, 87:10, 88:5,        53:20, 54:2                 Sean [1] - 66:25          31:14, 32:9, 32:12,        92:21
    88:8, 88:25, 90:5,          Safirstein's [1] - 68:8    seat [3] - 27:25,         32:13, 33:12, 74:1,         similarities [1] - 52:8
    94:5                        SALAS [8] - 2:16,         60:17, 85:24               83:10                       Simple [1] - 41:17
      Robinhood-centric        62:6, 62:14, 67:15,         Seattle [1] - 33:4         set [6] - 24:8, 31:17,     simple [2] - 90:4,
    [4] - 45:7, 60:8, 60:14,   68:11, 70:2, 70:16,         SEC [1] - 45:23           66:19, 71:3, 73:13,        91:3
    60:18                      71:9                        second [5] - 10:19,       79:8                        simply [4] - 32:16,
      Rochester [1] - 5:10      Salas [13] - 11:23,       35:17, 39:7, 73:20,         setting [1] - 69:11       89:1, 92:11, 92:12
      Rogow [3] - 66:15,       12:2, 16:14, 19:4,         80:7                        settle [3] - 15:19,        Simpson [2] - 19:7,
    66:17                      20:8, 26:16, 36:1,          Section [1] - 65:7        54:4, 78:6                 19:8
      role [16] - 28:6,        52:14, 62:5, 62:12,         securities [29] - 25:8,    settled [2] - 10:22,       simultaneously [1] -
    28:11, 30:21, 30:22,       67:11, 70:15, 71:8         38:24, 38:25, 45:24,       55:16                      85:8
    31:11, 31:15, 32:1,         sample [1] - 29:18        46:3, 46:6, 46:7,           settlement [2] -           Singhal [1] - 89:16
    33:12, 57:1, 60:2,          San [9] - 2:22, 18:4,     46:10, 46:19, 49:13,       10:19, 83:21                single [7] - 6:14,
    60:15, 69:25, 83:8,        71:14, 74:23, 74:24,       50:6, 50:7, 50:14,          settling [1] - 43:1       18:5, 46:8, 60:25,
    83:16, 83:17, 83:25        75:2, 75:23, 76:1,         55:8, 55:13, 64:19,         seven [7] - 9:1, 9:10,    61:15, 63:13, 88:10
      roles [2] - 64:1, 82:9   79:8                       69:4, 69:12, 77:9,         33:3, 57:12, 65:19,         sit [1] - 90:7
      Rolodex [1] - 26:13       Santa [1] - 17:4          80:13, 80:14, 81:3,        80:15, 82:12                situation [2] - 37:5,
      room [3] - 81:11,         Saveri [12] - 12:11,      81:21, 84:10, 84:15,        seven-figure [1] -        42:24
    90:7, 93:9                 40:9, 71:10, 71:11,        85:9, 87:4, 87:19,         65:19                       six [1] - 41:4
      ROSE [1] - 3:4           77:5, 78:24, 79:16,        87:20                       several [8] - 13:24,       size [4] - 43:7, 65:12,
      Rose [1] - 79:24         81:16, 81:23, 83:6,         Securities [1] - 45:20    21:6, 28:5, 28:20,         71:24, 84:4
      ROSS [1] - 1:19          87:13, 91:4                 securities-type [1] -     33:5, 63:5, 90:17,          Skadden [1] - 67:3
      Roth [5] - 1:23,          SAVERI [10] - 2:20,       50:6                       91:24                       skill [1] - 31:17
    27:22, 29:19, 29:20,       2:21, 71:12, 71:14,         see [19] - 6:3, 9:7,       Seyfarth [1] - 80:13       skills [1] - 82:15
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 111 of
                                     113                                  15


     slap [1] - 39:25         16:22, 45:16               STATES [2] - 1:1,         93:10                      67:7, 70:5, 84:2,
     slew [1] - 58:6           specialty [1] - 59:19    1:11                        structures [6] -          86:15, 93:4
     slide [1] - 42:8          specific [10] - 26:11,    status [1] - 28:6         25:12, 47:5, 76:21,         supported [2] -
     slow [1] - 39:25         34:24, 44:21, 47:15,       statutory [3] - 39:2,     76:22, 91:17, 92:25        16:13, 70:10
     slows [1] - 92:5         53:16, 59:20, 59:25,      39:3, 50:8                  Stuart [2] - 29:22,        supporting [1] -
     small [6] - 11:3,        60:18, 73:13, 87:18        steering [6] - 9:19,      32:6                       93:17
    16:19, 25:22, 26:2,        specifically [5] -       28:1, 40:18, 81:6,          students [1] - 56:1        supports [1] - 41:5
    41:3, 66:5                17:17, 46:2, 64:23,       83:12, 94:1                 study [1] - 58:1           suppose [1] - 31:25
     smaller [2] - 76:20,     86:8, 86:17                STENOGRAPHICA              Stupid [1] - 41:17         supposedly [1] -
    76:23                      speed [1] - 6:10         LLY [1] - 3:13              subclass [2] - 87:16,     44:20
     Smith [1] - 14:17         speedy [1] - 8:24         step [2] - 35:11,         87:17                       survive [1] - 41:11
     so,derivatively [1] -     spend [4] - 43:25,       93:20                       subclasses [1] -           suspect [1] - 78:12
    84:25                     54:10, 54:12, 88:9         stepped [1] - 14:15       87:14                       sustains [1] - 62:19
     so-called [3] - 44:21,    spending [4] - 5:2,       steps [2] - 72:24,         subject [1] - 96:8         sworn [2] - 89:24,
    48:19, 53:13              54:6, 54:8, 75:24         73:19                       submission [1] -          89:25
     social [1] - 92:14        spends [1] - 75:23        Steve [3] - 71:17,        42:8                        system [5] - 19:22,
     socializing [1] -         spent [3] - 24:2,        73:22, 81:19                submitted [3] -           22:13, 55:2, 91:4,
    77:17                     29:11, 29:19               still [4] - 30:12,        71:19, 78:20, 95:3         91:5
     software [1] - 57:22      split [5] - 8:3, 24:6,   62:12, 78:21, 91:9          subscribe [1] - 41:16
     sole [2] - 65:15, 74:1   24:25, 36:11, 50:14        stock [1] - 45:2           subspecialties [1] -                 T
     solid [1] - 36:22         spoken [3] - 53:21,       stone's [1] - 80:10       50:25
     solve [1] - 27:12        90:19, 90:21               stop [2] - 75:5, 75:15     substance [3] -            tactic [1] - 20:2
     some-odd [1] - 37:13      sprawl [1] - 11:3         stopover [1] - 90:25      19:20, 58:18, 58:24         tail [3] - 37:1, 37:2,
     someone [3] - 10:1,       spread [2] - 6:12,        stopped [2] - 43:9,        substantial [7] -         37:5
    12:8, 12:9                11:1                      90:2                       48:7, 54:9, 54:13,          tailor [1] - 58:17
     sometimes [1] -           SQUEEZE [1] - 1:5         stories [1] - 56:4        72:19, 74:10, 75:4,         tailoring [1] - 58:23
    15:24                      squeeze [1] - 23:24       story [2] - 36:15,        86:9                        talent [2] - 21:9,
     somewhat [2] - 58:2,      St [1] - 1:15            88:18                       substantive [4] -         30:20
    58:3                       stability [1] - 31:16     strategic [1] - 64:1      29:15, 59:14, 64:2,         talks [1] - 37:7
     son [3] - 20:15,          staff [5] - 7:24,         strategies [1] - 87:22    74:6                        tape [1] - 38:12
    20:19, 65:23              13:14, 13:16, 14:12,       strategy [1] - 51:7        substantively [2] -        Task [1] - 89:18
     soon [1] - 54:8          72:8                       streamline [2] -          68:4, 68:5                  task [1] - 48:11
     sophisticated [1] -       staffed [1] - 66:7       15:21, 15:23                subtle [1] - 22:5          task-oriented [1] -
    19:10                      staffing [1] - 40:4       streamlined [2] -          successful [2] -          48:11
     sorry [4] - 14:1,         stakes [1] - 64:18       15:18, 61:19               25:18, 46:18                tasked [1] - 65:9
    34:13, 51:18, 81:8         stand [3] - 63:10,        street [1] - 21:12         successfully [3] -         TD [21] - 13:6, 36:9,
     sort [13] - 28:10,       87:3, 87:4                 Street [9] - 2:21, 3:9,   17:4, 31:20, 64:20         36:18, 36:19, 36:21,
    31:12, 32:18, 32:25,       standing [1] - 65:14     21:19, 21:20, 21:21,        sudden [1] - 11:4         37:3, 44:22, 45:2,
    35:18, 36:24, 36:25,       Stars [1] - 1:20         21:22, 65:24, 80:10,        sued [1] - 36:20          45:3, 47:17, 48:22,
    37:1, 39:7, 48:25,         start [8] - 4:13, 6:4,   90:7                        suggest [2] - 38:10,      49:16, 49:22, 51:1,
    53:1, 57:13, 57:16        10:21, 15:2, 15:23,        stretch [1] - 91:11       39:5                       51:22, 52:5, 53:13,
     sought [1] - 55:19       79:8, 80:3, 92:6           strong [2] - 6:4,          suggested [2] - 28:5,     68:17, 69:22, 87:10
     sound [1] - 23:2          started [6] - 29:12,     24:12                      77:17                       team [11] - 17:12,
     South [2] - 3:10, 88:6   33:18, 72:15, 80:12,       strongly [2] - 6:23,       suggestions [1] -         19:18, 20:22, 66:11,
     Southern [6] - 12:2,     80:18, 83:23              59:5                       44:6                       66:21, 71:18, 72:5,
    12:19, 17:13, 45:16,       starting [1] - 18:12      structure [42] - 6:18,     suit [1] - 24:13          74:12, 79:4, 94:20,
    45:19, 50:17               state [21] - 10:2,       6:19, 7:14, 8:11, 8:24,     suitable [1] - 94:13      94:21
     SOUTHERN [1] - 1:1       10:3, 36:1, 39:1, 39:2,   9:1, 9:9, 9:10, 10:23,      Suite [6] - 1:15, 1:20,    teams [1] - 8:4
     space [2] - 49:25        50:9, 64:2, 64:6,         11:9, 11:23, 13:23,        1:24, 2:4, 2:13, 2:22       technical [2] - 4:9,
     speaking [9] - 16:5,     64:14, 67:24, 68:3,       22:18, 24:21, 25:11,        suited [2] - 53:15,       95:6
    26:16, 30:16, 44:15,      68:7, 68:9, 68:24,        25:14, 25:16, 25:21,       57:7                        technique [1] - 83:2
    49:21, 59:1, 61:25,       84:17, 84:21, 84:24,      26:19, 28:2, 37:6,          summaries [1] - 7:1        technological [1] -
    71:16, 81:11              87:5, 87:6, 87:9          37:16, 37:17, 38:15,        summary [1] - 24:9        96:9
     speaks [3] - 64:24,       statement [2] -          38:20, 52:18, 52:21,        Superior [1] - 17:4        technology [1] -
    66:16, 69:20              54:21, 78:14              59:11, 67:12, 67:13,        supervisory [1] -         54:25
     special [3] - 45:18,      statements [2] -         67:16, 68:1, 84:8,         83:18                       ten [3] - 5:14, 57:13,
    66:23, 69:1               43:5, 90:1                85:10, 86:1, 86:16,         support [15] - 44:2,      59:16
     specialists [1] -         States [5] - 3:15,       91:2, 91:18, 92:21,        48:9, 48:10, 53:9,          term [3] - 31:25,
    64:21                     45:15, 45:19, 72:10,      92:23, 93:1                56:11, 62:25, 63:1,        32:5, 79:1
     specialized [2] -        96:15                      structured [2] - 26:6,    63:2, 65:14, 66:14,         terms [19] - 24:20,
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 112 of
                                     113                                  16


    24:23, 26:6, 27:5,          thousand [2] - 37:9,       trade [3] - 29:16,          triangular [2] -           Unit [1] - 3:9
    40:4, 48:12, 52:18,        46:10                      36:18, 55:12                38:22, 70:24                UNITED [2] - 1:1,
    57:20, 58:10, 58:18,        three [24] - 5:2, 8:3,     traded [1] - 45:2           tried [4] - 41:21,        1:11
    58:24, 59:25, 61:13,       8:4, 8:18, 10:8, 15:1,      trader [2] - 45:1,         45:25, 56:17, 64:10         united [1] - 3:15
    68:13, 74:15, 74:22,       15:3, 20:9, 24:5,          65:24                        trouble [1] - 34:14        United [4] - 45:15,
    84:7                       28:20, 38:25, 40:23,        traders [1] - 88:25         truly [1] - 90:3          45:18, 72:10, 96:15
     terrific [1] - 54:24      41:24, 53:9, 57:17,         trades [1] - 45:3           trust [2] - 36:16, 56:2    University [4] - 5:12,
     test [1] - 62:25          60:6, 67:16, 69:8,          TRADING [1] - 1:5           truth [2] - 19:14, 38:5   5:13, 12:18, 63:24
     Texas [3] - 5:15, 5:16    69:11, 85:16, 85:19         traditionally [1] -         try [7] - 27:11, 34:16,    unpacked [1] - 77:20
     Thacher [2] - 19:7,        three-total [1] -         89:6                        39:25, 70:23, 71:21,        unwind [1] - 74:25
    19:8                       67:16                       train [1] - 39:25          78:6                        up [23] - 5:10, 6:9,
     thankfully [2] - 63:7,     throughout [4] - 5:1,      trained [2] - 63:17,        trying [6] - 11:2,        8:9, 14:15, 15:16,
    70:5                       16:23, 28:14, 59:19        82:8                        17:9, 26:20, 90:2,         17:9, 22:6, 23:14,
     thanking [1] - 80:3        throw [1] - 80:10          tranche [56] - 8:5,        90:3, 92:16                24:6, 25:1, 33:20,
     thankless [1] - 31:8       tied [1] - 91:25          9:3, 9:11, 9:24, 10:6,       turn [1] - 38:16          35:11, 36:11, 39:25,
     THE [87] - 1:10, 2:16,     tiger [2] - 36:25, 37:5   10:7, 10:24, 10:25,          turns [1] - 37:17         48:18, 54:8, 62:14,
    4:2, 4:8, 4:13, 9:6,        timely [2] - 29:5,        11:24, 11:25, 12:7,          two [32] - 7:10, 8:13,    70:3, 70:12, 72:12,
    9:8, 13:20, 14:2,          45:4                       13:7, 15:1, 15:4, 15:7,     9:2, 9:10, 10:7, 13:25,    80:9, 88:24, 92:1
    14:22, 15:8, 16:3,          timing [2] - 26:12,       34:11, 34:20, 35:19,        24:7, 25:1, 32:25,          urge [1] - 17:21
    16:6, 16:8, 20:7,          89:11                      36:6, 36:7, 36:8,           36:23, 37:9, 40:5,          Ursini [1] - 58:7
    20:17, 22:17, 23:17,        tirelessly [1] - 90:14    40:19, 40:23, 41:5,         41:25, 42:9, 42:17,         Ursula [1] - 29:9
    24:19, 27:16, 27:20,        title [2] - 42:12,        41:7, 41:23, 42:22,         44:1, 47:3, 48:21,          useful [1] - 60:11
    30:24, 31:4, 31:22,        85:21                      47:20, 49:3, 51:1,          49:12, 49:15, 51:14,        user [1] - 88:8
    32:20, 33:8, 33:16,         titles [1] - 86:2         51:2, 53:1, 53:6, 53:8,     51:20, 63:10, 68:9,
    33:18, 34:1, 34:4,          today [20] - 4:22,        53:11, 53:13, 53:15,        68:11, 68:24, 72:9,                   V
    34:13, 34:17, 38:17,       16:5, 28:13, 34:21,        60:8, 60:19, 62:2,          78:9, 82:13, 85:16,
    41:22, 42:20, 44:5,        42:8, 44:14, 47:17,        64:3, 64:6, 67:21,          85:18, 87:8                  vague [1] - 15:25
    44:11, 47:22, 48:15,       49:10, 54:22, 61:11,       67:24, 68:2, 76:3,           TX [1] - 1:16               vagueness [1] -
    48:25, 49:5, 50:19,        66:15, 66:20, 67:1,        76:8, 83:16, 91:4,           type [13] - 10:4,         15:22
    51:17, 52:13, 52:19,       70:17, 71:20, 77:12,       91:5, 91:19, 93:1,          10:22, 16:15, 28:11,         values [1] - 75:7
    52:25, 53:18, 53:25,       80:4, 92:10, 92:22,        94:5                        43:16, 50:6, 58:10,          various [1] - 31:18
    54:15, 54:18, 56:22,       95:5                        tranches [23] - 8:3,       62:16, 67:23, 68:15,         VELAZCO [3] - 3:14,
    58:20, 59:14, 60:3,         together [21] - 15:25,    24:23, 24:25, 25:14,        72:11, 74:18, 86:21        96:13, 96:14
    60:20, 61:7, 62:3,         20:24, 21:3, 21:14,        28:20, 35:18, 38:25,         types [1] - 35:1            venire [1] - 79:9
    62:5, 62:12, 67:11,        25:2, 36:2, 36:22,         41:1, 48:19, 50:24,          typical [1] - 88:7          venturing [1] - 19:21
    68:6, 69:24, 70:13,        37:2, 46:17, 47:10,        53:9, 60:4, 60:11,                                       verdict [3] - 64:4,
    71:8, 71:10, 71:13,        48:22, 50:1, 51:14,        60:13, 64:22, 68:9,                    U               64:10, 65:21
    75:18, 76:2, 76:5,         52:10, 74:12, 76:14,       68:12, 77:15, 78:1,                                      verdicts [1] - 65:19
    77:4, 78:23, 79:16,        82:21, 84:19, 85:14,       91:8, 91:11                  ultimate [1] - 20:4         Verifund [1] - 14:16
    79:18, 79:21, 80:2,        86:25, 91:14                transcription [1] -         ultimately [2] -            versed [1] - 12:8
    81:9, 83:5, 84:7, 87:1,     ton [1] - 7:21            96:4                        76:18, 78:5                  versus [1] - 48:1
    87:23, 87:25, 88:2,         took [2] - 21:10,          transferred [1] -           unclear [1] - 91:9          vetting [1] - 87:17
    92:19, 93:25, 94:17,       31:12                      62:23                        under [4] - 65:6,           via [1] - 54:23
    94:25, 95:2                 tools [2] - 55:1,          transfers [1] - 90:25      68:20, 73:12, 82:13          viable [1] - 61:22
     themselves [2] -          57:23                       treated [1] - 35:11         undergrad [2] -             victims [2] - 56:1,
    39:18, 73:9                 top [5] - 12:18,           tremendous [2] -           12:19, 25:12               70:20
     theories [1] - 61:22      40:12, 60:16, 63:17,       6:22, 85:2                   underneath [1] -            video [2] - 56:9,
     theory [1] - 92:13        69:19                       trenches [1] - 63:22       69:6                       56:10
     therefore [3] - 7:19,      tort [8] - 25:2, 35:19,    trend [1] - 10:20           undertaken [1] -            videoconference [1]
    11:16, 96:8                36:1, 37:12, 37:21,         trial [22] - 8:12, 8:25,   28:9                       - 54:23
     thermonuclear [1] -       65:18, 65:19, 65:22        17:3, 19:6, 24:7,            underway [1] - 93:24        view [10] - 36:6,
    41:14                       tort-based [1] - 36:1     62:10, 62:15, 64:4,          underwriters [1] -        38:23, 51:20, 52:5,
     thinking [1] - 21:20       total [5] - 67:16,        65:20, 66:8, 66:9,          29:21                      53:6, 67:4, 68:12,
     third [8] - 25:9, 53:1,   69:8, 69:10, 69:11,        72:4, 72:13, 72:14,          unfortunately [1] -       68:14, 71:5, 85:13
    58:22, 58:23, 64:7,        69:19                      74:3, 74:8, 74:13,          11:11                        viewpoint [1] - 22:11
    69:3, 72:25, 74:9           totality [1] - 38:13      79:8, 79:13, 89:13,          Ungaro [1] - 29:9           views [1] - 68:12
     third-year [1] - 64:7      towards [5] - 68:15,      89:23, 90:12                 unique [3] - 36:15,         vigorously [2] -
     thoughtful [2] -          80:11, 81:14, 93:20,        trials [1] - 24:7          59:2                       44:24, 45:5
    13:21, 44:6                94:9                        triangle [4] - 25:21,       UNISON [2] - 4:12,          village [1] - 65:13
     thoughts [1] - 78:17       Trade [1] - 21:14         37:18, 38:22                95:13                        virtually [1] - 79:3
Case 1:21-md-02989-CMA Document 311 Entered on FLSD Docket 05/20/2021 Page 113 of
                                     113                                  17


     Viversa [1] - 19:11     81:22                     47:9, 47:10, 57:12,
     vociferously [1] -       white [1] - 45:17        59:17, 66:7, 73:24,
    49:21                     White [2] - 29:12,       80:15, 80:22, 82:4,
     voice [4] - 56:12,      31:1                      82:12, 84:5
    56:16, 69:17, 69:22       whole [5] - 13:12,        years' [1] - 81:1
     voir [2] - 64:7         39:14, 70:5, 88:23         yellow [1] - 9:23
     Volkswagen [1] -         wife [3] - 5:15, 5:16,    York [15] - 2:9, 3:5,
    59:23                    88:4                      5:10, 45:19, 50:18,
     volume [2] - 45:2,       wifi [1] - 81:13         67:3, 74:24, 75:2,
    58:14                     willey [1] - 92:19       75:24, 80:8, 80:9,
                              Willey [4] - 12:5,       81:18, 85:4, 90:24
              W              87:25, 88:3, 94:25         Young [2] - 71:17,
                              WILLEY [7] - 3:8,        72:7
      wait [1] - 8:14        88:1, 88:3, 92:24,         young [6] - 20:19,
      walks [1] - 55:25      94:4, 94:19, 95:1         22:5, 56:1, 63:17,
      Wall [4] - 21:19,       Williams [8] - 71:17,    74:5, 75:20
    65:24, 80:10, 90:7       72:6, 72:9, 73:23,         younger [6] - 6:23,
      wants [3] - 31:4,      73:24, 75:19, 75:23,      7:5, 12:9, 32:2, 82:21,
    33:9, 93:14              81:19                     83:1
      war [1] - 41:14         willing [7] - 7:22,       yourself [2] - 27:6,
      warrant [1] - 42:4     35:11, 63:11, 70:11,      75:19
      Washington [1] -       93:16, 93:25, 94:14        youTube [1] - 21:13
    39:13                     wish [1] - 93:21
      watched [3] - 18:5,     witness [1] - 74:7                  Z
    29:21, 32:5               witnessed [1] -
      ways [2] - 42:14,      88:18                      Zantac [2] - 32:10,
    79:11                     women [2] - 47:3,        66:1
      weakness [1] - 22:22   56:2                       zone [3] - 29:2,
      wealth [2] - 11:1,      won [3] - 17:5, 24:9,    32:20, 90:19
    89:5                     64:8                       Zoom [5] - 4:10,
      weather [1] - 5:11      words [1] - 6:14         27:9, 30:12, 38:12,
      website [1] - 21:23     workers [1] - 80:8       63:5
      Webull [1] - 36:10      works [3] - 22:10,        ZOOM [2] - 4:12,
      week [4] - 24:1,       25:9, 86:24               95:13
    43:25, 79:7, 95:9         world [2] - 27:9,
      weeks [3] - 24:5,      38:12
    44:1, 81:24               WORLEY [1] - 1:14
      welcome [3] - 30:23,    wrapping [1] - 72:12
    81:21                     wraps [1] - 54:7
      welcomed [1] -          writing [2] - 10:17,
    35:13                    23:22
      well-connected [1] -    written [3] - 42:7,
    64:15                    43:5, 95:4
      well-known [1] -        wrongs [1] - 55:7
    19:10                     wrote [1] - 18:21
      well-served [1] -
    49:12                               Y
      well-settled [1] -
    55:16                     Yaffa [3] - 1:23,
      well-suited [1] -      29:19, 30:1
    53:15                     year [9] - 17:1, 17:3,
      well-thought-out [1]   17:5, 24:12, 29:10,
    - 13:23                  54:24, 64:7, 64:10,
      well-versed [1] -      88:15
    12:8                      Year [1] - 17:2
      West [3] - 2:13,        years [27] - 5:14,
    21:12, 21:13             8:13, 16:18, 16:19,
      west [4] - 12:13,      19:3, 20:24, 29:13,
    33:22, 75:18, 95:12      29:19, 30:25, 45:14,
      whichever [1] -        45:24, 46:4, 46:25,


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