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UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

NICHOLAS FITZGERALD, on behalf of 

himself and all others similarly situated, 

Plaintiff, 

-v.- 

GANN LAW BOOKS, INC., GANN LEGAL 

EDUCATION FOUNDATION, INC. AND 

MICHAEL PROTZEL,

Defendants. 

Civil Action 

11-CV-04287 (KM)(MCA) 

DECLARATION OF AYTAN Y. BELLIN 

I, AYTAN Y. BELLIN, declare: 

1. I am admitted to practice before this Court and am the Managing Attorney of the 

law firm Bellin & Associates LLC, counsel for Class Plaintiff Nicholas Fitzgerald and the Class 

in this action. I submit this Declaration in support of Plaintiff's and the Class’s Motion for an 

Order: (1) approving the Class Settlement; (2) approving the Class attorneys’ application for 

fees, costs and expenses, and (3) approving an incentive award for Plaintiff. I have personal 

knowledge of the matters set forth in this declaration, and could and would testify competently to 

their truth and accuracy if called as a witness. 

2. I graduated Yale College, magna cum laude, in 1987. During my three years at 

Columbia Law School, I earned numerous academic awards and served as an Editor of the 

Columbia Law Review. I graduated from Columbia Law School with a J.D. in 1991 

3. I have significant experience in all stages of the litigation process, from pleading 

matters and discovery through trial and appeal. One of the concentrations of my practice is 

representing plaintiffs in class action litigation involving the Telephone Consumer Protection 

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Act, 47 U.S.C. 227, that is at issue in this case and corresponding state laws. I am currently 

representing plaintiffs in numerous TCPA class actions throughout the United States. I have been 

named class counsel or class co-counsel in at least four TCPA class actions and I have litigated 

numerous individual TCPA cases. In addition, I have substantial experience litigating other types 

of complex commercial cases in both state and federal courts. 

4. Plaintiff has been actively involved in this case from its inception. Plaintiff sought 

out Jeffrey M. Eilender, Esq. of Schlam Stone & Dolan, LLP and me to handle this matter, 

discussed the facts underlying this case with me, provided me with material supporting 

Plaintiff’s claims in this action, and reviewed and approved the Complaint and Amended 

Complaint I drafted, and discussed strategy with me. In addition, Plaintiff was kept informed of 

settlement negotiations and attended about seven hours of the mediation that ultimately resolved 

this case. 

5. Thus far in this action I have discussed the case with Plaintiff, have researched 

possible claims by Plaintiff and the Classes, drafted the Complaint, drafted memoranda of law, 

including a memorandum of law against Defendants’ first Motion to Dismiss along with 

Attorney Eilender’s firm, participated in a settlement conference with Attorney Eilender and 

Defendants’ Counsel, and have consulted with Attorney Eilender about strategy in this case. I 

then participated in the two full days of mediation before (Ret.) Judge Marina Corodemus that 

resolved this case and worked on the final settlement papers. I worked on the motion seeking 

preliminary approval of the class settlement which was unopposed and granted on April 25, 

2014. 

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6. I believe, after extensive negotiations, including information as to their financials 

which Defendants provided, that Defendants do not have the financial resources to satisfy a 

damages award that is significantly greater than what has been realized through settlement. 

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

7. Through on or about September 17, 2014, I spent 174.5 hours on this matter. 

8. My billing rate on this matter is $400, which is my customary rate. This rate is 

standard for a litigator of my training and experience. 

9. Anne Harnes, my senior associate, worked 10.7 hours on the case at a billing rate 

of $300. Ms. Harnes graduated Fordham University School of law in 1989 and has had several 

years of experience working on TCPA cases. 

10. Attached hereto as Exhibit 1 is a true and correct copy of my firm’s 

contemporaneously created billing records which show that the firm billed 185.2 hours for a total 

of $73,310.00 in fees. 

11. The total amount of expenses and disbursements I have spent on this matter is 

$169.20. Attached is Exhibit 1 at pages 9-10 is a true and correct copy of the itemized expenses 

which I incurred on this matter. 

12. The Claims Administrator informed me that it received 21 claims forms that are 

lacking various information that was requested and/or that are ambiguous in their responses such 

that the Claims Administrator has not deemed them to be valid claims. The Claims Administrator 

has sent me copies of these forms. Pursuant to Section 8(d) of the Settlement Agreement, we 

will meet and confer with opposing counsel and decide whether these forms should be deemed 

valid or if the Claims Administrator should be directed to contact a claimant to request the 

missing information and/or that an ambiguity be clarified. I anticipate that we will be able to 

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submit a declaration to the Court explaining how these claims were resolved before the 

November 13, 2014 final fairness hearing. 

Executed this 18th day of September 2014, in White Plains, New York. 

/s/ Aytan Y. Bellin 

 AYTAN Y. BELLIN 

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