Case 3:11-cv SI Document 248 Filed 07/11/14 Page 1 of 7 Page ID#: 7652

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1 Case 3:11-cv SI Document 248 Filed 07/11/14 Page 1 of 7 Page ID#: 7652 Timothy S. DeJong, OSB No tdejong@stollberne.com Scott A. Shorr, OSB No sshorr@stollberne.com Nadine A. Gartner, OSB No ngartners@stollberne.com 209 S.W. Oak Street, Fifth Floor Portland, Oregon Telephone: (503) Facsimile: (503) Attorneys For Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION LARRY ARNETT, RONDA ARNETT, ALICE A. BERGER, LEE M. BERGER, SUSAN LASS, MARK LEMMER, PAMELA LEMMER, KARYL RESNICK, ERIC SKANSGAARD, DONNA M. WADE, and EDWARD M. WALLACE, JR., individually and on behalf of all others similarly situated, v. Plaintiffs, Case No. 3:11-CV SI DECLARATION OF TIMOTHY S. DEJONG IN SUPPORT OF PLAINTIFFS MOTION FOR APPROVAL OF ATTORNEYS FEES AND EXPENSES BANK OF AMERICA, N.A., in its own capacity and as successor by merger to BAC HOME LOANS SERVICING, L.P., Defendant.

2 Case 3:11-cv SI Document 248 Filed 07/11/14 Page 2 of 7 Page ID#: 7653 I, Timothy S. DeJong, hereby declare under penalty of perjury pursuant to 28 U.S.C that the following is true and correct: 1. I am an attorney currently licensed in good standing to practice law in the states of Oregon and Washington. I am a shareholder with the law firm Stoll Stoll Berne Lokting & Shlachter P.C. ( Stoll Berne ), and am one of the attorneys representing plaintiffs in the abovecaptioned action. This declaration is based on my personal knowledge and if called to testify to the following facts I could and would competently do so. 2. I have been actively engaged in the practice of law in Oregon since 1994 and in Washington since My practice focuses primarily in the areas of intellectual property, complex litigation, and class actions. I am listed in Best Lawyers in America, as a Litigation Star by Benchmark Litigation, and in 2011 I was named one of the Top 50 Oregon Super Lawyers. Prior to joining Stoll Berne in 1994, I worked as a law clerk for the Hon. Robert E. Jones, U.S. District Court (Oregon). I received my law degree from the University of Oregon in In my 20-plus years of practice, I have handled a wide range of complex litigation matters and class actions, including the following class actions in this District in which I was part of the lead counsel team: Freedman v. Louisiana-Pacific Corp. ($65.1 million settlement); In re Assisted Living Concepts, Inc. Securities Litig. ($43.5 million total settlements); In re Southern Pacific Funding Corp. Securities Litig. ($20 million total settlements). In addition, I was a member of the liaison counsel team appointed by this District to represent the class in In re Farmers Insurance Exchange Claims Representatives Overtime Pay Litigation, which resulted in a $52.5 million trial court verdict after a lengthy trial. Each of these cases was certified as a class action. 3. A list of my firm's relevant class action experience is attached hereto as Exhibit 1. My firm has litigated many class action lawsuits on behalf of classes of consumers, investors and others; perhaps more than any other firm in Oregon. Page 1 - DECLARATION OF TIMOTHY S. DEJONG IN SUPPORT OF PLAINTIFFS

3 Case 3:11-cv SI Document 248 Filed 07/11/14 Page 3 of 7 Page ID#: I submit this declaration in support of Plaintiffs Motion For Approval Of Attorneys Fees And Expenses in this action. I. STOLL BERNE'S LODESTAR 5. The proposed Settlement in this Action resolved the following matters: a) Arnett, et al. v. Bank of America, N.A., et al., No. 3:11-cv-1372 (D. Or.); b) Berger, et al. v. Bank of America, N.A., et al., No. 10-cv (D. Mass.); c) Lass v. Bank of America, N.A., et al., No. 1:11-cv (D. Mass.); d) Lemmer v. Bank of America, N.A., et al., No. 3:12-cv (W.D.N.C.); e) Resnick v. Bank of America, N.A., et al., No. 12-cv (D. Mass.); f) Skansgaard v. Bank of America, N.A., et al., No. 2:11-cv-988 (W.D. Wash.); and g) Wallace v. Bank of America, N.A., et al., No. 3:12-cv-935 (D. Or.) (collectively, the Litigation ). Stoll Berne served as liaison counsel for Plaintiffs in the Arnett and Wallace cases. 6. My law firm rendered legal services in this Litigation, and I was personally responsible for staffing and activity conducted on Plaintiffs behalf by other attorneys and professional staff at my firm, including overseeing all services rendered and reviewing the billing for the same. 7. Based on my activities and oversight in this Litigation, as well as my review of my firm s billing records maintained in this Litigation, I have personal knowledge of the time that attorneys and other professionals at my firm spent rendering services on behalf of the Plaintiffs in the Litigation, the hourly rates charged for those services, and the necessary costs incurred by my firm during the course of this Litigation. 8. In my exercise of billing judgment, I have reviewed my firm s billing records maintained concerning the Litigation, and I have removed certain hours that were billed by attorneys and professional staff if I deemed them to be duplicative or redundant. I have also removed all hours of any attorneys and professional staff who billed less than twenty-five (25) hours on this Litigation. This review and exercise of billing judgment caused the removal of a Page 2 - DECLARATION OF TIMOTHY S. DEJONG IN SUPPORT OF PLAINTIFFS

4 Case 3:11-cv SI Document 248 Filed 07/11/14 Page 4 of 7 Page ID#: 7655 total of 44.2 hours of time spent by three attorneys and two paraprofessionals, for a total lodestar that was removed of $12, As set forth below, after the exercise of billing judgment described above, the attorneys paralegals at my firm expended a total of 1,574.5 hours in connection with the Litigation, from on or about November 10, 2011 through July 1, 2014, for a total lodestar of $436,711.75, in performing legal services on behalf of the Plaintiffs in the Litigation: Name Title Experience Hours Rate Lodestar Timothy S. DeJong Shareholder 23 years $ $174, (including judicial clerkship) Jason Dotts Paralegal 14 years as $ $61, paralegal (also has J.D.) Nadine A. Gartner Associate 8 years $ $88, (including judicial clerkships) Yoona Park Associate 7 years 136 $ $34, Scott A. Shorr Shareholder 19 years $ $52, (including judicial clerkship) Tania Starry-McGee Paralegal 7 years $ $25, Total: 1,574.5 $436, All of the time incurred by my firm was in connection with the Arnett matter, except for $15, (32.75 hours by Timothy DeJong at $385/hour and 11.0 hours by Nadine Gartner at $245/hour) that was incurred on the Wallace matter. 11. The rates charged by the attorneys and paralegals at my firm are the same as Page 3 - DECLARATION OF TIMOTHY S. DEJONG IN SUPPORT OF PLAINTIFFS

5 Case 3:11-cv SI Document 248 Filed 07/11/14 Page 5 of 7 Page ID#: 7656 charged for non-contingent legal services by my firm, and are within the range of rates normally and customarily charged in Portland, Oregon by attorneys and paralegals of similar qualifications and experience in cases of this kind. 12. In my judgment, and based on my years of experience, the number of hours expended and the services performed by the attorneys and paralegals at my firm and under my supervision were reasonable and expended for the benefit of the Plaintiffs in this Litigation. II. SUMMARY OF WORK PERFORMED BY STOLL BERNE 13. I was the lead partner at Stoll Berne with respect to this Litigation and, in particular, the Arnett and Wallace cases that were originally filed in this District. I served as the primary local counsel in those cases, advising co-counsel regarding local practice and interfacing with Defendants' local counsel and with this Court. In addition, I assisted in formulating strategy; drafted and edited substantive motions, including the class certification motion; drafted and edited responses to defendants' motions, including the motion for judgment on the pleadings; drafted and edited discovery motions; conferred with opposing counsel regarding substantive matters and briefing and discovery issues; defended the depositions of Mr. and Mrs. Arnett and Mr. Wallace, and prepared those witnesses for deposition; attended mediation and settlement conferences; advised on settlement strategy; provided input and edited settlement documents; and made and advised on overall strategic decisions. I also supervised all of the attorneys and paralegals at my firm in their work on legal research, briefing, and discovery. 14. Below, I provide a summary description of the work performed by each Stoll Berne attorney or paralegal that billed at least twenty-five (25) hours on this Litigation, with a brief summary of their background. 15. Scott Shorr, who is a managing shareholder at Stoll Berne, is a 1995 graduate of the University of California School of Law and has been recognized for several years by various local and national publications, such as Super Lawyers, Best Lawyer In Americas, and Page 4 - DECLARATION OF TIMOTHY S. DEJONG IN SUPPORT OF PLAINTIFFS

6 Case 3:11-cv SI Document 248 Filed 07/11/14 Page 6 of 7 Page ID#: 7657 Benchmark Litigation, as a top litigation and appellate attorney in Oregon. He has substantial experience in consumer and investor class actions. In this litigation, Mr. Shorr primarily drafted and edited substantive and discovery briefs; advised co-counsel on local rules, practice and customs when I was not available; conferred with opposing counsel on the litigation; interviewed clients; researched and analyzed legal issues; assisted with preparation of deponents and lead Plaintiffs; advised co-counsel on strategic and class action issues; and participated in a limited amount of document review. Mr. Shorr s work did not duplicate mine. Mr. Shorr often covered for me when I could not be the primary local counsel in the case due to my workload or conflicting schedules. Mr. Shorr also provided strategic input at my request. 16. Nadine Gartner is an associate. She is a 2006 cum laude graduate of the University of Michigan School of Law and a former Ninth Circuit Clerk for the Honorable Susan Graber. Ms. Gartner was our primary associate on this matter. She performed legal research in support of discovery and substantive motions, assisted in drafting legal memoranda, and performed substantial document review. 17. Yoona Park is an associate and a 2007 graduate of Lewis and Clark Law School. She has been recognized as a Rising Star by Super Lawyers. In this Litigation, Ms. Park primarily was involved in document review and assisting with discovery issues. 18. Stoll Berne also had two paralegals on this matter, Jason Dotts and Tania Starry- McGree, both of whom have substantial experience as complex litigation paralegals. Mr. Dotts, as noted, is also a law school graduate and has passed the Oregon Bar, but does not act as a lawyer for the firm or in this matter. That experience, however, assists him in being a very highquality, efficient paralegal Mr. Dotts and Ms. McGee were responsible for coordinating documents and discovery in this matter and for reviewing and coding documents in preparation for depositions and potential trial. Page 5 - DECLARATION OF TIMOTHY S. DEJONG IN SUPPORT OF PLAINTIFFS

7 Case 3:11-cv SI Document 248 Filed 07/11/14 Page 7 of 7 Page ID#: 7658 III. STOLL BERNE'S EXPENSES 19. This Litigation required my firm to advance costs. Because the risk of advancing costs in this type of litigation is significant, doing so is often cost prohibitive to many attorneys and law firms. 20. My law firm incurred expenses in the amount of $26, to prosecute this Litigation, as follows: Type Expenses Computer Research $1, Delivery & postage $ Expert Fees $5, Filing Fees $1, Litigation Fund $10, Reproduction $1, Telephone $1.62 Transcripts $ Travel $6, Total $26, The expenses incurred pertaining to this Litigation are reflected in the books and records of this firm. These books and records are prepared from expense vouchers and check records and are an accurate record of the expenses incurred. All of the expenses incurred were reasonable and necessary to the prosecution of this Litigation. DATED this 11 th day of July, /s/ Timothy S. DeJong Timothy S. DeJong, OSB No Page 6 - DECLARATION OF TIMOTHY S. DEJONG IN SUPPORT OF PLAINTIFFS

8 Case 3:11-cv SI Document Filed 07/11/14 Page 1 of 1 Page ID#: 7659 Highlights of Stoll Berne's class action experience include the following cases: Employment Class Actions In re Farmers Ins. Exchange Claims Representatives' Overtime Pay Litig., (multi-district employment class action; court trial before Hon. Robert E. Jones; Stoll Berne was a member of the plaintiffs' Steering Committee and co-trial counsel); In re FedEx Ground Package System, Inc. (multi-district employment class action; Stoll Berne is local counsel for Oregon classes); Phelps v. 3PD, Inc. (local counsel in Oregon employment law class action before Judge Hubel); Wilson v. Smurfit Newsprint Corp. (lead counsel in Oregon state court employment class action); Haines v. The Future Shop (lead counsel in Oregon state court employment class action); Gardner v. GAP, Inc. (lead counsel in Oregon state court employment class action); Robinson v. Nike, Inc. (lead counsel in Oregon state court employment class action). Securities Class Actions In re Melridge, Inc. Sec. Litig. (co-lead trial counsel; $88 million jury verdict; Judge Frye); Barlean v. Black & Co. (lead trial counsel; $7.2 million jury verdict; Oregon state court); Flecker v. Hollywood Entert. Corp. (co-lead counsel; $15 million settlement); In re Louisiana-Pacific Corp. Sec. Litig. (co-lead counsel; $65.1 million settlement); In re Assisted Living Concepts, Inc. Sec. Litig. ($43.5 million total settlements); In re Southern Pacific Funding Corp. Sec. Litig. ($19.5 million total settlements). Consumer Law Class Actions Reynolds v. Hartford Financial Services Group (Fair Credit Reporting Act; lead counsel; $85 million settlement); Razilov v. Nationwide (Fair Credit Reporting Act; lead counsel; $19 million settlement); Chehalem Physical Therapy v. Coventry Health Care, Inc. (co-lead counsel; class certified by Judge Hubel) A.F., et al. v. Providence Health Plan (purported class action on behalf of health insurance plan beneficiaries with autism) Exhibit 1 Page 1 of 1