· I, John P. Aldrich, declare as follows: I. I am the founding partner of the Aldrich Law Firm, Ltd. ("Aldrich Law"). I am submitting this declaration in support of my firm's application

KESSLER TOPAZ MELTZER & CHECK,LLP

ELI R. GREENSTEIN (Pro Hac Vice) JENNIFER L. JOOST (Pro Hac Vice) PAUL A. BREUCOP (Pro Hac Vice) One Sansome Street, Suite 1850 San Francisco, CA 94104 Telephone: 415/400-3000 415/400-3001 (fax)

-and-GREGORY M. CASTALDO (Pro Hac Vice) 280 King of Prussia Rd. Radnor, PA 19087 Telephone: 610/667-7706 610/667-7056 (fax)

Lead Counsel for Plaintiffs

ROBBINS GELLER RUDMAN &DOWDLLP

ARTHUR C. LEAHY (Pro Hac Vice) ELLEN GUSIKOFF STEWART (Pro Hac Vice) BRIAN 0. O'MARA (Nevada Bar #8214) RYAN A. LLORENS (Pro Hac Vice) MATTHEW I. ALPERT (Pro Hac Vice) 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax)

NIX PATTERSON & ROACH, LLP BRADLEY E. BECKWORTH (Pro Hac Vice) JEFFREY J. ANGELOVICH (Pro Hac Vice) SUSAN WHATLEY (Pro Hac Vice) LISA P. BALDWIN (Pro Hac Vice) 205 Linda Drive Daingerfield, TX 75638 Telephone: 903/645-7333 903/645-4415 (fax)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

In re MGM MIRAGE SECURITIES LITIGATION

) No. 2:09-cv-01558-GMN-VCF )

___________________________ )

This Document Relates To:

ALL ACTIONS.

) ) ) ) )

CLASS ACTION

DECLARATION OF JOHN P. ALDRICH, ESQ. FILED ON BEHALF OF ALDRICH LAW FIRM, LTD. IN SUPPORT OF APPLICATION FOR A WARD OF ATTORNEYS' FEES AND EXPENSES

DATE: December 15,2015 TIME: 9:00 a.m. CTRM: The Honorable Gloria M. Navarro

Case 2:09-cv-01558-GMN-VCF Document 369 Filed 11/03/15 Page 1 of 7

I, John P. Aldrich, declare as follows:

I. I am the founding partner of the Aldrich Law Firm, Ltd. ("Aldrich Law"). I am

submitting this declaration in support of my firm's application for an award of attorneys' fees and

expenses/charges ("expenses") in connection with services rendered in the above-entitled action.

2. This firm is local counsel of record for PlaintiffStichtingPensioenfonds Metaal en

Techniek.

3. The information in this declaration regarding the firm's time and expenses is taken

from time and expense printouts and supporting documentation prepared and/or maintained by the

finn in the ordinary course ofbusiness. I am the partner who oversaw and/or conducted the day-to

day activities in the litigation and I reviewed these printouts (and backup documentation where

necessary or appropriate) in connection with the preparation of this declaration. The purpose ofthis

review was to confirm both the accuracy of the entries on the printouts as well as the necessity for,

and reasonableness of, the time and expenses committed to the litigation. I believe that the time

reflected in the firm's lodestar calculation and the expenses for which payment is sought as set forth

in this declaration are reasonable in amount and were necessary for the effective and efficient

prosecution and resolution of the litigation. In addition, I believe that the expenses are all of a type

that would normally be charged to a fee-paying client in the private legal marketplace.

4. The number ofhours spent on this litigation by my firm is 53.90. A breakdown of the

lodestar is provided in Exhibit A. The lodestar amount for attorney time based on the firm's current

rate is $18,865.00. The hourly rates shown in Exhibit A are the usual and customary rates set by the

firm for each individual.

5. My firm seeks an award of $103.15 in expenses and charges in connection with the

prosecution of the litigation. Those expenses and charges are summarized by category in Exhibit B.

- 1 -1075918_1


6. The following is additional information regarding certain of these expenses:

(a) Photocopies: $96.25. In connection with this case, the firm made 385 in-

house copies, charging $0.25 per copy for a total of$96.25. Each time an in-house copy machine is

used, our billing system requires that a case or administrative billing code be entered and that is how

the 385 copies were identified as related to this case.

(b) Online Legal and Financial Research: $6.90. These included vendors such as

Lexis Nexis. This database was used to obtain access to legal research and for cite-checking of

briefs. This expense represents the expense incmred by Aldrich Law for use of these services in

connection with this litigation. The charges for these vendors vary depending upon the type of

services requested.

7. The expenses pertaining to this case are reflected in the books and records of this

firm. These books and records are prepared from receipts, expense vouchers, check records and

other documents and are an accurate record of the expenses.

8. The identification and background of my firm is attached hereto as Exhibit C.

I declare under penalty of perjury that the foregoing is true and correct. Executed this

/9'!!, day of October, 2015, at Las Vegas, Nevada.

rr~OHN P. ALDRICH

-2-1075918_1


CERTIFICATE OF SERVICE

I hereby certify that on November 3, 2015, I authorized the electronic filing of the foregoing

with the Clerk of the Court using the CM/ECF system which will send notification of such filing to

the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I

caused to be mailed the foregoing document or paper via the United States Postal Service to the non-

CM/ECF participants indicated on the attached Manual Notice List.

I certify under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct. Executed on November 3, 2015.

s/ Brian O. O’Mara BRIAN O. O’MARA

ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-8498 Telephone: 619/231-1058 619/231-7423 (fax) E-mail: [email protected]


Mailing Information for a Case 2:09-cv-01558-GMN-VCF

Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this case.

• Ramzi Abadou [email protected],[email protected],[email protected],[email protected],[email protected],[email protected]

• Jeffrey Simon Abraham [email protected]

• John P. Aldrich [email protected],[email protected],[email protected],[email protected]

• Matthew I Alpert [email protected],[email protected]

• Jeffrey J Angelovich [email protected]

• Leland E. Backus [email protected],[email protected]

• Lisa Baldwin [email protected]

• Ze'eva K Banks [email protected],[email protected],[email protected]

• Nathan W. Bear [email protected]

• Bradley E Beckworth [email protected],[email protected]

• Todd L. Bice [email protected],[email protected],[email protected],[email protected]

• Samuel Boyd [email protected],[email protected]

• Paul A Breucop [email protected],[email protected],[email protected]

• Brad Brian [email protected]

• William K Briggs [email protected]

• Darren J. Check [email protected],[email protected]

• Curtis B. Coulter [email protected],[email protected],[email protected]

• Charles C. Diaz [email protected]

• Lloyd Nolan Duck , [email protected]

• Charles Elder [email protected]

• Jack G Fruchter [email protected]

• George M Garvey [email protected],[email protected],[email protected]

• Ross C Goodman [email protected],[email protected],[email protected]


• John Goodson [email protected],[email protected]

• Eli R Greenstein [email protected],[email protected],[email protected],[email protected]

• Ellen Gusikoff Stewart [email protected]

• Keith R.D. Hamilton , [email protected]

• Sean M. Handler [email protected]

• Griffith H Hayes [email protected],[email protected]

• John C. Hull [email protected]

• Jennifer Joost [email protected],[email protected],[email protected],[email protected],[email protected]

• Stacey M. Kaplan [email protected],[email protected],[email protected],[email protected],[email protected],[email protected]

• Matt Keil [email protected]

• Robert W. Killorin [email protected]

• Arthur C. Leahy [email protected],[email protected]

• Akke Levin [email protected],[email protected]

• Ryan A. Llorens [email protected]

• William A. S. Magrath , [email protected],[email protected]

• Benjamin J Maro [email protected],[email protected],[email protected]

• Steve L. Morris [email protected],[email protected]

• Andrew R. Muehlbauer [email protected],[email protected],[email protected]

• Christopher Nelson [email protected]

• Ivy T. Ngo [email protected]

• Brian O. O'Mara [email protected],[email protected],[email protected],[email protected]

• Margaret Claire O'Sullivan [email protected]

• George F. Ogilvie , [email protected],[email protected]

• Margaret Onasch [email protected]

• Erik Peterson [email protected]


• Gregory D. Phillips [email protected]

• Jarrod L. Rickard [email protected],[email protected],[email protected]

• Darren J. Robbins [email protected]

• David Rosenfeld [email protected]

• Matthew David Rowen [email protected]

• Meghan Alexandra Royal [email protected]

• Samuel H. Rudman [email protected],[email protected],[email protected]

• Joseph Russello [email protected]

• M Nelson Segel [email protected],[email protected]

• David Siegel [email protected],[email protected],[email protected]

• Rosa Solis-Rainey [email protected],[email protected]

• Glenn K Vanzura [email protected]

• Susan Whatley [email protected],[email protected]

• James M Wilson [email protected]

• Amanda C Yen [email protected],[email protected],[email protected]

Manual Notice List

The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.

• (No manual recipients)


Exhibit A

Exhibit A

Case 2:09-cv-01558-GMN-VCF Document 369-1 Filed 11/03/15 Page 1 of 2

EXHIBIT A- LODESTAR

ALDRICH LAW FIRM, LTD. Time Report from Inception through October 14, 2015

NAME HOURS RATE LODESTAR John P. Aldrich (P) 53.90 350.00 $18,865.00

TOTAL $18,865.00

(P) Partner

1075922_1


Exhibit B

Exhibit B


EXHIBITB

EXPENSES/CHARGES

Inception through October 14, 2015

CATEGORY Photocopies

Outside: $ In-House: (385 copies at $0.25 per page) $96.25

In-House Imaging/Scanning/Printing

In-House Velobinding Online Legal and Financial Research

TOTAL

1075922_1

TOTAL

$96.25

$6.90

$103.15


Exhibit C

Exhibit C


1601 S. Rainbow Blvd., Suite 160 Las Vegas, NV 89146 T: 702-853-5490 • F: 702-227-1975 [email protected]

www. johnaldrichlawfirm. com

Aldrich Law Firm, Ltd. Current as of October 2015

John P. Aldrich*

Stephanie Cooper Catherine Hernandez Gary S. Fink

* Also admitted in Utah and Idaho

Aldrich Law Firm, Ltd. has significant experience in commercial litigation, plaintiff personal injury law, and insurance defense litigation, including complex litigation and appellate matters. The Film has clients both large and small, and regularly acts as local counsel in large plaintiff derivative and securities actions.

The Firm's attorneys provide aggressive, creative, and competent representation in all State and Federal Courts in Nevada. The Film has attorneys licensed to practice in Nevada, Utah, and Idaho.

Through its hard-working attorneys and staff, the Firm strives to provide excellent service to its clients by responding promptly to inquiries and issues from clients, opposing counsel, and the courts. Although the Firm's attorneys have big firm experience, the small size of the firm lends itself to greater access for clients.

JOHN P. ALDRICH

The Firm is led by its founder, John P. Aldrich. Mr. Aldrich has extensive experience in all phases oflitigation and many areas of the law. Below is a brief outline of Mr. Aldrich's education, experience, and accomplishments.

Education

Juris Doctorate, University ofidaho, 1999 Bachelor of Arts, Economics, Brigham Young University, 1995

Specialized Training

Harvard Mediation Training, Ha~·vard University Law School, 2012 (certificate received)

Page 1 of 4

------------------------------------'-------·-----·--


Bar Admissions

State Bar ofNevada, 1999 United States District Court, District ofNevada, 1999 Utah State Bar, 2000 Idaho State Bar, 2002 United States District Court, District ofldaho, 2002 United States Court of Appeals for the Ninth Circuit, 2005 United States Supreme Court, 2006

Trial Experience

Mr. Aldrich has tried 11 cases to verdict, acting as either first or second chair.

Arbitration Experience

Mr. Aldrich has handled numerous arbitrations. Mr. Aldrich's best estimate is that he has handled more than 50 arbitration hearings (both binding arbitrations and court-mandated non-binding arbitration proceedings).

Post-Trial Motion Experience

Mr. Aldrich has experience handling post-trial motions such as motions to set aside judgments, motions for new trial, and the like.

Appellate Experience

Fallini v. Adams, Nevada Supreme Court Case No. 56840 (award in excess of$1,000,000 in favor of firm's client upheld).

Wade v. Stratosphere Gaming Corp., Nevada Supreme Court Case No. 50760.

Pavao v. Allstate Insurance Co., 9th Circuit Court of Appeals Case No. 3:06-cv-00319-ECR (VPC).

Starks v. State ofNeyada, Nevada Supreme Court Case No. 47183.

Thomas v. State ofNevadg, Nevada Supreme Court Case No. 45992.

Mitchell Capital. LLC v. Powercom. Inc., et al., Nevada Supreme Court Case No. 64669.

Las Vegas Metropolitan Police Department v. Charles Jenkins, Las Vegas Police Managers and Supervisors Association. et al., Nevada Supreme Court Case No. 65102.

Page 2 of 4


In addition, Mr. Aldrich wrote appeals as a law clerk in the Idaho Attorney General's Office and the Clark County District Attorney's Office. However, because he was a law clerk, Mr. Aldrich's name does not appear on all of the briefs he wrote. By his best estimate, Mr. Aldrich has drafted more than 30 appellate briefs.

Appellate Court Arguments

April1999, State v.'Peterson, 981 P.2d 1154 (Idaho Ct. App. 1999).

June 2015, Mitchell Capital. LLC v. Powercom, Inc., et al., Nevada Supreme Court Case No. 64669.

June 2015, Las Vegas Metropolitan Police Department v. Charles Jenkins, Las Vegas Police Managers and Supervisors Association. et al., Nevada Supreme Court Case No. 65102.

Professional Associations

Clark County Bar Association, Board Member 201 0-present, CLE Committee 2002-10 (Chair, 2008-10)

American Bar Association, Past Member, Trial Evidence Committee.

Publications

John P. Aldrich, Supreme Court Rules Pro Bono Counsel Is Entitled To Fees, Clark County Bar Association's Communique' magazine, December 2005.

John P. Aldrich, The Self-Critical Analysis Privilege, Clark County Bar Association's Communique' magazine, August 2006.

Special Distinctions & Interests

Member and Notes & Comments Editor, Idaho Law Review, 1998-99. Fluent in Italian. Formerly panel counsel for CNA Insurance, Major Case Unit (exposure in excess of $150,000),

2005-2006. Formerly panel counsel for AIG, Lexington, Lincoln National, and other related companies,

Excess Panel (exposure in excess of $1,000,000) while at law firm of Beckley Singleton (now Lewis & Roca), 2002-2004.

Selected to the prestigious Mountain States Super Lawyers 2013 and 2014 for business litigation (peer nominated and evaluated).

Listed in the prestigious Vegas Inc.'s Top Laywers 2013 for litigation.

Page 3 of 4 -


Presentations

John P. Aldrich, Richard Harris, et al., Starting and Surviving Your Own Law Practice, Clark County Bar Association CLE, 2005.

Discovery Commissioner Bonnie Bulla and John P. Aldrich, Attorney-Client Privilege and Work Product Doctrine, Clark County Bar Association CLE, 2009.

Dennis Kennedy, J olm P. Aldrich, and Bill Kapalka, Avoiding Solo/Small Firm Ethical Traps, Clark County Bar Association CLE, 2010.

Volunteer Work

Various years between 1995 -present, Boy Scouts of America (Assistant Scout Master, Cub Scout Den Leader, etc.).

Mr. Aldrich has been and continues to be a youth sports coach. He has coached (or assisted) basketball, flag football, soccer, and baseball.

Page 4 of 4


Documents

· I, John P. Aldrich, declare as follows: I. I am the founding partner of the Aldrich Law Firm, Ltd. ("Aldrich Law"). I am submitting this declaration in support of my firm's application