Declaration of Andrew J. Obergfell in Support of Motion to Withdraw by Sarah N. Westcot, Andrew J. Obergfell, and Bursor & Fisher, P.A. as Counsel for Plaintiff Aaron Fassinger — In re January 2021 Short Squeeze Trading Litigation (Dkt. 717-1, S.D. Fla.)

Summary

Document 717-1 in Case 1:21-md-02989-CMA, entered on the FLSD docket January 9, 2025 and relating to the Federal Securities Tranche, is the two-page Declaration of Andrew J. Obergfell in Support of Motion to Withdraw by Sarah N. Westcot, Andrew J. Obergfell, and Bursor & Fisher, P.A. as Counsel for Plaintiff Aaron Fassinger. Andrew J. Obergfell declares being Counsel at Bursor & Fisher, P.A., counsel to Aaron Fassinger in the Quat matter, Case No. 1:21-cv-21404, and having made numerous attempts in the past thirty days to communicate with the plaintiff. The declaration lists phone attempts on dates between December 3, 2024 and December 31, 2024, plus voicemails, text messages and a direct message on social media on December 16, 2024, none of which drew a response. The declaration is made under penalty of perjury and executed January 8, 2025, at New York, New York.

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 21-MD-2989

In re:

JANUARY 2021 SHORT SQUEEZE
TRADING LITIGATION
_____________________________________/

This Document Relates to the Federal Securities Tranche

DECLARATION OF ANDREW J. OBERGFELL IN SUPPORT OF MOTION TO
WITHDRAW BY SARAH N. WESTCOT, ANDREW J. OBERGFELL, AND BURSOR &
FISHER, P.A. AS COUNSEL FOR PLAINTIFF AARON FASSINGER

I, Andrew J. Obergfell, declare as follows:
1. I am an attorney licensed to practice in the States of New York and New Jersey and am
Counsel at the law firm of Bursor & Fisher, P.A., counsel to Plaintiff Aaron Fassinger in the Quat,
et al. v. Robinhood Financial, LLC, et al., Case No. 1:21-cv-21404 (S.D. Fl.) matter.  I make this
declaration in support of the Motion to Withdraw as counsel for Plaintiff Aaron Fassinger.  I have
personal knowledge of the facts set forth in this declaration and, if called as a witness, I could and
would testify competently thereto.
2. In the past thirty (30) days I have made numerous attempts to communicate with Plaintiff
Aaron Fassinger regarding pressing issues in the above-referenced matter.
3. Specifically, on December 3, 2024, I attempted to reach Plaintiff Fassinger by phone to
discuss pressing issues in this matter, but the call was not returned.  I made numerous additional
attempts to reach Plaintiff Fassinger by phone, including on December 4, 2024, December 5, 2024,
December 6, 2024 (two separate attempts), December 9, 2024 (two separate attempts), December
10, 2024 (two separate attempts), December 13, 2024, December 16, 2024, December 17, 2024
(two separate attempts), December 18, 2024, December 30, 2024, and December 31, 2024.
Case 1:21-md-02989-CMA   Document 717-1   Entered on FLSD Docket 01/09/2025   Page 1 of 2

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4. On several occasions, I left a voicemail for Plaintiff Fassinger asking for a return call to
discuss the above-captioned matter.  However, the mailbox became full and currently no additional
messages can be left.
5. In addition to the phone calls and voicemails, I sent numerous emails to Mr. Fassinger
following up on the calls and explaining the need to discuss pressing matters in the case, but no
response was received.  Specifically, I sent emails to Mr. Fassinger on December 4, 2024,
December 5, 2024, December 6, 2024, December 10, 2024, December 16, 2024, and December
31, 2024, regarding the above-referenced matter and requested a response.  Several of the emails
specifically note the time sensitive nature of the communication.  To date, no response has been
received to any of the above-referenced emails.
6. In addition to the phone calls and emails, I also sent text messages to Mr. Fassinger advising
of the need to discuss pressing matters in this case.  Specifically, I sent text messages to Mr.
Fassinger on December 10, 2024, December 17, 2024, and December 31, 2024, asking for a return
communication to discuss this matter. To date, I have not received a response to any of the above-
referenced text messages.
7. In addition to the phone calls, voicemails and text messages, I also tried to reach Mr.
Fassinger through direct message on social media on December 16, 2024, but did not receive a
response.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge.  Executed January 8, 2025, at New York, New York.

By: _/s/ Andrew J. Obergfell___

   Andrew J. Obergfell

Case 1:21-md-02989-CMA   Document 717-1   Entered on FLSD Docket 01/09/2025   Page 2 of 2

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