Motion-Secondary: Evelyn O'Brien, Chris Fortner, Jaime Patchett, Michael Petta, Jessica Taylor-Mackrodt, Heather Martin v. Sagbolt Llc, Ocean Properies Ltd, Portsmouth Corporate Financial Services Inc, Tom Guay, Patrick Walsh

• 
• 

						
                                
Preview
                                FILED:         WARREN        COUNTY         CLERK        12/04/2020             09:37       PM                    INDEX    NO.   EF2018-65232
   NYSCEF     DOC.   NO.   18                                                                                 RECEIVED      NYSCEF:     12/04/2020




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF WARREN

                   ----------------------------------------------------------------x
                   EVELYN O’BRIEN, JAMIE LYNN PATCHETT,
                   CHRIS FORTNER, MICHAEL PETTA, JESSICA
                   TAYLOR-MACKRODT, and HEATHER MARTIN                                           Index No. 65232/2018
                   on behalf of themselves and others similarly situated,
                                                                                  AFFIRMATION OF JOSEPH T. MOEN
                                                    Plaintiffs,                   IN SUPPORT IN SUPPORT OF
                                                                                  PLAINTIFFS’
                                                v.                                MOTION FOR CLASS
                                                                                  CERTIFICATION,             FOR
                   SAGBOLT, LLC, OCEAN PROPERTIES, LTD.,
                   PORTSMOUTH CORPORATE FINANCIAL
                                                                                  APPOINTMENT OF CLASS
                   SERVICES, INC., PATRICK WALSH, and                             REPRESENTATIVES, AND FOR
                   THOMAS GUAY                                                    APPOINTMENT OF CLASS COUNSEL
                                                   Defendants.
                   ----------------------------------------------------------------x


                           JOSEPH T. MOEN, hereby affirms the following to be true under the penalties of perjury

                  pursuant to CPLR 2106:1:

                           1.       I am the principal attorney of the Law Office of Joseph T. Moen, co-counsel to

                  Plaintiffs in the above-captioned action.        I submit this affirmation in support of Plaintiffs’ motion

                  for class certification, the appointment of Plaintiffs as class representatives, and the appointment

                  of Plaintiffs’ counsel as class counsel.

                           2.       With respect to that portion of the present Motion now seeking the appointment of

                  my firm as co-lead class counsel, the following is a description of my firm’s substantial

                  experience.

                           3.       I founded my law firm in 2016, representing clients in complex litigation,

                  business, and real estate matters.

                           4.       My litigation practice is focused on the representation of clients who are victims

                  of wage theft in class action lawsuits. I have previously been appointed co-lead counsel for

                  plaintiffs in a complex class action which resulted in the recovery of millions of dollars in

                  misappropriated tips and unpaid wages for thousands of service industry workers.

                           5.       As a practicing attorney since 2011, I also have extensive experience in the




                                                                        1  of   21
   FILED:         WARREN        COUNTY         CLERK        12/04/2020             09:37       PM                    INDEX    NO.   EF2018-65232
   NYSCEF     DOC.   NO.   18                                                                                 RECEIVED      NYSCEF:     12/04/2020




                  representation of business clients in hundreds of commercial contract disputes as well as

                  advising companies on a range of matters in the rapidly expanding cannabis industry.

                           6.       I have also volunteered my time to represent indigent clients subjected to illegal

                  housing discrimination and sub-standard living conditions.

                           7.       As a law student, I was a summer associate at Grant Eisenhofer, a nationally

                  recognized class action litigation boutique, served as judicial extern for the Hon. Henry J. Boroff

                  of the United States Bankruptcy Court, District of Massachusetts, and worked as an intern for the

                  Hon. James A. Murphy III at the Saratoga County District Attorney’s Office.

                           8.       Prior to becoming an attorney, I worked in the restaurant and hospitality industry

                  for over nine years.

                           9.       Matters on which my firm has currently or previously worked include the

                  following:

                                •   Olvera et al v Mazzone Mgmt Grp Ltd, et al, Case No. 1:16-cv-0502 (N.D.N.Y) –
                                    represented putative classes of employees in connection with claims under federal
                                    and New York State Law for violation of wage-and-hour laws and illegal tipping
                                    practices, resulting in total gross settlement of $4 million.
                                •   Tague et al v. Bullock Boys LLC, et al, Index No. 906182-2018 (Albany Sup. Ct.)
                                    – represented putative class of employees in connection with claims under New
                                    York State law for violation of wage and hour laws.
                                •   Damon v. Fidelity Co-operative Bank, Docket No. 2085CV01023 (Worcester
                                    Sup. Ct.)   - represented putative class of account holders of federal credit union in
                                    connection with claims under Massachusetts law for breach of contract and duty
                                    of good faith and fair dealing.
                           I declare under penalty of perjury under the laws of the United States of America that the

                  foregoing is true and correct.

                  Dated:   December 4, 2020

                                                                                              /s/ Joseph T. Moen
                                                                                            Joseph T. Moen




                                                                        2  of   22