107607169.1

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

IN RE LIQUID ALUMINUM SULFATE ANTITRUST LITIGATION

Civ. No. 16-md-2687 (JLL) (JAD)

DECLARATION OF MICHAEL D. PLACHY IN SUPPORT OF

DIRECT PURCHASER PLAINTIFFS’ APPLICATION FOR AN AWARD OF ATTORNEYS’ FEES AND EXPENSES

I, Michael D. Plachy, declare:

1. I am a Partner in the law firm of Lewis Roca Rothgerber Christie, counsel of

record for Plaintiff City and County of Denver, acting by and through its Board of Water

Commissioners (“Denver Water”). Our co-counsel for Denver Water in this matter, Berger

Montague PC, is a member of the Plaintiffs’ Steering Committee in the above-captioned action

(“Action”). I am fully familiar with the facts contained herein based upon my personal

knowledge concerning Lewis Roca Rothgerber Christie’s involvement in this litigation, and the

books and records kept in the ordinary course of Lewis Roca Rothgerber Christie’s business. I

submit this declaration in support of Class Counsel’s application for an award of attorneys’ fees,

as well as for reimbursement of expenses incurred by my firm, both in connection with the

Action.

2. My firm has been involved in all aspects of this Action from its beginning. Under

my supervision, my firm was among the first firms that filed a complaint alleging illegal

behavior concerning the sale of liquid aluminum sulfate. After this case was consolidated as a

multi-district litigation in this Court, my firm collected and reviewed documents for the purpose

107607169.1

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of assisting in the preparation of the amended consolidated complaint, and reviewed the same for

purposes of advising Denver Water regarding the same. In addition, our firm engaged in

document review at the request of lead counsel, participated in telephone conferences related to

the document review performed at the request of lead counsel, provided advice and input on the

protective order entered in this case, collected documents from our client to produce in

discovery, and kept our client informed of developments in the case.

3. The schedule attached hereto as Exhibit 1 is a summary indicating the amount of

time spent by each attorney and professional support staff employee of my firm who was

involved in the Action from April 5, 2016 through March 15, 2019 (“Time Period”), and the

lodestar calculation based on my firm’s historical billing rates for cases of this nature. The

schedule was prepared from contemporaneous daily time records regularly prepared and

maintained by my firm, which are available at the request of the Court. Time expended in

preparing this application for fees and reimbursement of expenses has not been included in this

request.

4. The hourly rates for the attorneys and professional support staff in my firm

included in Exhibit 1 are the same as the regular rates that would be charged for their services in

non-contingent matters of this nature and/or which have been accepted in other class action

settlements.

5. The total number of hours expended on this Action by my firm during the Time

Period is 229.2. The total lodestar for my firm for that period is $113,902.50, consisting of

$104,674.50 for attorneys’ time and $9228.00 for professional support staff time.

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6. My firm’s lodestar figures are based upon the firm’s billing rates, which rates do

not include charges for expense items. Expense items are billed separately and such charges are

not duplicated in my firm’s billing rates.

7. As detailed in the schedule attached hereto as Exhibit 2, my firm has incurred a

total of $483.21 in unreimbursed expenses in connection with the prosecution of this Action

from April 1, 2016 through March 15, 2019.

8. The expenses incurred in this Action are reflected on the books and records of my

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

source materials and are an accurate record of the expenses incurred.

9. With respect to the standing of my firm, attached hereto as Exhibit 3 is Lewis

Roca Rothgerber Christie’s firm resume, which includes biographies of attorneys who have been

principally involved in this Action.

I declare under penalty of perjury that the foregoing facts are true and correct.

Executed this 19th day of March 2019, in Denver, CO

Michael D. Plachy Lewis Roca Rothgerber Christie 1200 17th Street, Suite 3000 Denver, CO 80202-5855 Tel: (303) 623-9000 Fax: (303) 623-9222 Email: mplachy@lrrc.com

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EXHIBIT 1

In re: Liquid Aluminum Sulfate Antitrust Litigation

Case No. 2:16-md-2687

Lewis Roca Rothgerber Christie LLP

Summary of Lodestar

TIMEKEEPER RATE HOURS LODESTAR Partner: Michael D. Plachy 605.00 43.10 26,075.5 Gregory Kanan (retired in 2018) 595.00 81.40 48,433 Kenneth Rossman, IV 570.00 6.3 3,591.00 Trey Rogers 560.00 12.6 7056.00

Associate: Diane Hazel 500.00 20.5 10,250.00 Nathanial Barker (left firm in 2018)

310.00 29.9 9,269.00

Paralegal Tamara Haigler 260.00 28.2 7,332.00 Rhonda Teague 260.00 6. 1560.00 Sean Bender 280.00 1.2 336.00 Total: 229.2 113,902.5

107607169.1

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EXHIBIT 2

In re: Liquid Aluminum Sulfate Antitrust Litigation

Case No. 2:16-md-2687

Lewis Roca Rothgerber Christie LLP

Summary of Expenses

Registration fees: $424.00

Other: 59.81

Total: $483.21

Firm Overview

Exhibit 3

Lewis Roca

More than 275 lawyers strong

service.

won

ability to win

Firm Overview

•

• Service

•

•

•

Why Lewis Roca?

Exhibit 3

Ira Rothgerber Walter Appel Bill Johnson

Jim Lyons Rothgerber, Johnson & Lyons.

Orme Lewis Lewis & Roca

Frank Lloyd Wright.

Robert Parker

Lewis Roca Rothgerber .

1903

1950

1954

2013

2016

Exhibit 3

Miranda v. Arizona Brown v. Board of Education.

John Flynn

Miranda v. Arizona,

Exhibit 3

Super Health v. Super Nu-Life

Arizona v. California

Trademark Victory

Brand Protection Propelling Innovation

Miranda v. Arizona

Baird v. State Bar of AZ

Exhibit 3

• • • • • • • • • • • • • • • • •

• • • • • • • • • • • • • • Trade Dress• • •

• • • • • • • • • • • • • • •

• • • • • • • • • • • • •

Exhibit 3

Legal Pioneers

Economic Development Ecosystems

with Global Reach

12345

Relentless Advocates

Differentiators

Exhibit 3

-

Exhibit 3

Michael D. Plachy | Lewis Roca Rothgerber Christie LLP Page 1/3

Michael D. PlachyPractice Group Leader, PartnerP 303.628.9532 / F 303.623.9222mplachy@lrrc.com

Denver / 1200 Seventeenth Street, Suite 3000, Denver, CO 80202

Mr. Plachy is a trial lawyer who represents companies in civil lawsuits involving significant financial or reputational exposure. He has tried many complex commercial, real estate, construction, product liability, and class action cases.

Mr. Plachy also regularly advises businesses concerning corporate governance, risk management, and strategic planning issues.

DistinctionsLaw Week Colorado - "Lawyer of the Year", 2008

Colorado Super Lawyers - 2012 Top 100 Ranking - Business Litigation, 2010-2016

Benchmark Litigation - "Local Litigation Star" in Colorado, 2016-2018

Representative Matters• Lead counsel for City and County of Denver in tax dispute against national

online travel companies. Prevailed at trial, and ultimately affirmed by Colorado Supreme Court.

• Represented City and County of Denver in lawsuit filed by the ACLU regarding First Amendment rights of demonstrators during Democratic National Convention. Case was tried and the City prevailed on all claims

• Obtained $22.6 million jury verdict and judgment against The Goodyear Tire and Rubber Company in the first homeowner lawsuit brought as a result of damages caused by Entran II hose

• Lead trial counsel for defendant, a national apartment complex owner, in suit by hundreds of plaintiffs claiming exposure to toxic substances. Prevailed on all claims

• Lead defense trial counsel in mass tort litigation against multi-national escalator manufacturer. All claims resolved on terms favorable to client

Related IndustriesEducation & Universities

Insurance

Real Estate

Religious Institutions

Related ServicesAlternative Dispute Resolution

Banking & Lending Disputes

Business Torts

Class Actions

Complex Litigation

Construction Projects

Corporate Services & Securities

Eminent Domain

Government Relations

Intellectual Property Litigation

Litigation

Product Liability

Real Estate Litigation

Education

Exhibit 3

Michael D. Plachy | Lewis Roca Rothgerber Christie LLP Page 2/3

• Lead trial counsel for a national car rental company defending against an antitrust class action; summary judgment awarded in United States District Court; affirmed by the Tenth Circuit Court of Appeals; certiorari denied by United States Supreme Court

• Co-lead trial counsel for a multinational corporation in an employment action brought by a terminated employee. Summary judgment awarded in favor of employer on all claims

• Lead trial counsel for a large healthcare provider in the arbitration of an employment dispute; favorable verdict on all claims

• Lead regional trial counsel for large automobile brake manufacturer in numerous asbestos cases

• Lead counsel for State of Colorado in Underground Storage Tank Cleanup Fund litigation against multinational defendants

Representative Clients• FirstBank • Dollar Rental Car Company • Honeywell, Inc. • KONE Inc. • Baker Hughes Corp.• Macy’s Department Stores • Brinker International, Inc. • Catholic Archdiocese of Denver • Catholic Archdiocese of Philadelphia• Roman Catholic Diocese of Bridgeport, Conn.• Tyco International • US Bank • Dave & Busters, Inc. • City & County of Denver, Colorado • States of Colorado, Louisiana, and Nevada

Representative Reported Cases• City and County of Denver v. Expedia, et.al., 2017 CO 32 (Colo. 2017)• Amica Mut. Ins. Co. v. FirstBank of Boulder, 2010 WL 1250100 (Colo. App.

2010)• ACLU v. City & County of Denver, 569 F. Supp. 1142 (D. Colo. 2008)• Toth v. Gates Rubber Co., 216 F.3d 1088 (10th Cir. 2000)• Union Ins. Co. v. Houtz, 883 P.2d 1057 (Colo. 1994)• Vista Resorts, Inc. v. Goodyear Tire & Rubber Co., 117 P.3d 60 (Colo. App.

J.D., University of Colorado Law School, 1992, Order of the Coif

B.S., University of Colorado, 1988

Bar AdmissionsColorado, 1992

Pennsylvania

Court AdmissionsColorado Court of Appeals

Colorado State Judicial District Courts

Colorado Supreme Court

U.S. Court of Appeals, for the Ninth Circuit

U.S. Court of Appeals, Tenth Circuit

U.S. District Court, Colorado

U.S. Supreme Court

Exhibit 3

Michael D. Plachy | Lewis Roca Rothgerber Christie LLP Page 3/3

2004)• Two Denver Highlands v. Stanley Structures, Inc., 12 P.3d 819 (Colo. App.

2002)• Western Surety Co. v. Smith, 914 P.2d at 451 (Colo. App. 1995)

Memberships & AffiliationsColorado Courts in the Community, Volunteer

University of Colorado Cancer Center Advisory Board

Race for Research, Co-Founder and Organizer, an annual charitable event that has raised more than $750,000 for cancer research

Judicial Nominating Commission 18th Judicial District, appointed by Governor, Attorney General, and Chief Justice of Colorado Supreme Court

Colorado Commission on Higher Education, Commissioner, 2007-2010

University of Colorado Foundation Board of Trustees

Exhibit 3

Submitted by: LEWIS ROCA ROTHGERBER CHRISTIE LLP Strictly Confidential Page 7

Trey RogersPartnerP 303.628.9506 / F 303.623.9222trogers@lrrc.com

Denverr / 1200 Seventeenth Street, Suite 3000, Denver, CO 80202

Mr. Rogers' practice is focused on litigation, public law and government relations. Hehas significant experience in local and national politics. He assists clients on publicpolicy development, regulatory and legislative solutions, election law, campaign finance,and governmental strategies.

His litigation experience includes jury and bench trials, arbitrations, and mediations. Mr.Rogers has extensive experience with motions practice, discovery, and appellateadvocacy in complex matters in state and federal courts.

DistinctionsThe Best Lawyers in America - Woodward/White, Aiken, S.C., 2007

Martindale-Hubbell - "AV/Preeminent Attorney" Rating

Denver Metro Chamber Leadership Foundation - Leadership Denver Program Graduate,2003

Denver Business Journal - “Forty Under 40”, 2006

Colorado Super Lawyers - Government Relations, 2013-2018

Colorado Statesman - "50 Movers & Shakers", 2007

5280 [The Denver Magazine] - "Top Lawyers", 2015 - 2017

Memberships & AffiliationsBlue Ribbon Panel on Election Reform, Appointed by Colorado Secretary of StateDonetta Davidson, 2004

Kerry/Edwards Presidential Campaign, Served as Colorado Counsel, 2004

Campaign Finance Advisory Committee, Appointed by Colorado Secretary of StateBernie Buescher 2010, Continued Service under Secretary Gessler 2011-2014, 2010-2014

Related IndustriesCommercial Gaming & Casinos

Gaming & Hospitality

Religious Institutions

Water Utilities

Related ServicesAlternative Dispute Resolution

Colorado GovernmentRelations

Complex Litigation

Gaming

Government Contracts

Government Relations

Liquor Law

Litigation

EducationJ.D., George WashingtonUniversity Law School, 1997,with Honors

B.S., University of Colorado,1989, cum laude

Bar AdmissionsColorado, 1997

Exhibit 3

Submitted by: LEWIS ROCA ROTHGERBER CHRISTIE LLP Strictly Confidential Page 8

Denver Metro Chamber of Commerce, Board of Directors 2014-Present; LegislativePolicy

Committee, 2014-Present; Public Affairs Committee, Member, 2011-2013

Colorado Transportation Commission, Appointed by Colorado Governor Bill Ritter, Jr. toRepresent District 1 (City and County of Denver), 2010-2013

Colorado High Performance Transportation Enterprise, Appointed Representative of theColorado Transportation Commission 2010-2013; Appointed by Governor JohnHickenlooper to Serve on the Board, 2014-Present

Second Judicial District Judicial Nominating Commission, Appointed by ColoradoGovernor Bill Ritter, Jr., Supreme Court Chief Justice Mary Mullarkey, and AttorneyGeneral John Suthers, 2010-2015

Colorado and Denver Bar Associations, Member

Colorado Bar Association, Alternative Resolution Section, Member

Mediation Association of Colorado, Member

Publications"Governor Signs Broker Lien Law," Rothgerber, Johnson & Lyons Client Alert,

05/03/2010

Court AdmissionsColorado Court of Appeals

Colorado State Judicial DistrictCourts

Colorado Supreme Court

U.S. Court of Appeals, TenthCircuit

U.S. District Court, Colorado

U.S. Supreme Court

Exhibit 3