Motion-Secondary: In Re Akebia Therapeutics, Inc. Securities Litigation v. Xxx

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                                FILED: NEW YORK COUNTY CLERK 03/06/2023 03:32 PM                                              INDEX NO. 654373/2021
NYSCEF DOC. NO. 68                                                                     RECEIVED NYSCEF: 03/06/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF NEW YORK : COMMERCIAL DIVISION

                                                          )
           In re AKEBIA THERAPEUTICS, INC.                )     Index No. 654373/2021
           SECURITIES LITIGATION                          )     The Honorable Andrew Borrok, J.S.C.
                                                          )     Part 53
                                                          )
                                                          )
           This Document Relates to:                      )     Motion Sequence No. ___
                                                          )
                      The Consolidated Action             )
                                                          )

                           AFFIRMATION OF JOSEPH RUSSELLO IN OPPOSITION
                               TO DEFENDANTS’ MOTION TO DISMISS THE
                                AMENDED CONSOLIDATED COMPLAINT

                 Joseph Russello, an attorney duly admitted to practice law before the Courts of the State

          of New York, hereby affirms the following, pursuant to Rule 2106 of the New York Civil Practice

          Law and Rules, to be true under penalty of perjury:

                 1.        I am a member of the law firm Robbins Geller Rudman & Dowd LLP, Co-Lead

          Counsel, together with Scott+Scott Attorneys At Law LLP, for plaintiffs Curtis Loper and Mary

          Ann Panicho. I am actively involved in prosecuting this action, am familiar with its proceedings,

          and have personal knowledge of the matters set forth herein.

                 2.        I respectfully submit this Affirmation in opposition to the motion to dismiss the

          Amended Consolidated Complaint. Attached hereto as Exhibit A is a true and correct copy of the

          Affidavit of David Ross, MD, PhD., MBI, sworn to on March 3, 2023.

          DATED: Melville, New York
                 March 6, 2023

                                                                          /s/ Joseph Russello
                                                                         JOSEPH RUSSELLO




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FILED: NEW YORK COUNTY CLERK 03/06/2023 03:32 PM                                                 INDEX NO. 654373/2021
NYSCEF DOC. NO. 68                                                                       RECEIVED NYSCEF: 03/06/2023




                                  PRINTING SPECIFICATIONS STATEMENT

                 1.      Pursuant to 22 N.Y.C.R.R. §202.70(g), Rule 17, the undersigned counsel certifies

          that the foregoing document was prepared on a computer using Microsoft Word. A proportionally

          spaced typeface was used as follows:

                         Name of Typeface: Times New Roman
                         Point Size: 12
                         Line Spacing: Double

                 2.      The total number of words in the document, inclusive of headings and footnotes

          and exclusive of the caption, title, signature block, and this Certification, is 140 words.

          DATED: March 6, 2023                           ROBBINS GELLER RUDMAN
                                                           & DOWD LLP
                                                         JOSEPH RUSSELLO


                                                                          /s/ Joseph Russello
                                                                         JOSEPH RUSSELLO

                                                         58 South Service Road, Suite 200
                                                         Melville, NY 11747
                                                         Telephone: 631/367-7100
                                                         631/367-1173 (fax)
                                                         jrussello@rgrdlaw.com




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