FILED: NEW YORK COUNTY CLERK 04/18/ :48 PM INDEX NO /2016 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/18/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No /2016 Motion No. 002 STAFFTOPIA, INC. D/B/A Index No /2016 ELEVATE RECRUITING GROUP, Plaintiff, -against- PROMETHEUS GLOBAL MEDIA LLC D/B/A BILLBOARD ONLINE, JANE DOES 1-10, JOHN DOES 1-10, and DOE BUSINESS ENTITIES 1-20 AFFIRMATION OF DAVID LEAMON IN SUPPORT OF DEFENDANT PROMETHEUS GLOBAL MEDIA LLC S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF S APPLICATION FOR ATTORNEYS FEES Defendants. STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) David Leamon, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following upon information and belief and under penalties of perjury: 1. I am the attorney for Defendant Prometheus Global Media LLC ( Prometheus ). As such, I am fully familiar with the facts and circumstances hereinafter contained, as well as documents and communications exchanged by the parties in this action, the source of said knowledge being my handling of this case since its inception. 2. I submit this affirmation in support of Prometheus memorandum of law in opposition to the application of Stafftopia, Inc. d/b/a Elevate Recruiting Group ( ERG ) for an award of attorneys fees. 1 of 5

2 3. The document annexed hereto as Exhibit A is a summary prepared by David Leamon of Plaintiff s previously submitted attorneys fees. 4. The document annexed hereto as Exhibit B is a summary prepared by David. 5. The document annexed hereto as Exhibit C is a summary prepared by David 6. The document annexed hereto as Exhibit D is a summary prepared by David 7. The document annexed hereto as Exhibit E is a summary prepared by David 8. The document annexed hereto as Exhibit F is a summary prepared by David 9. The document annexed hereto as Exhibit G copy of a letter dated February 8, 2016 from Abbie Eliasberg Fuchs, attorney for ERG, to Prometheus, provided to me by Prometheus. For the sake of privacy, the letter has been redacted to hide the names of candidates submitted by ERG. In addition, the enclosures that accompanied the original letter, a copy of the parties placement agreement and for certain placed candidates, have not been included. 2 2 of 5

3 10. The documents annexed hereto as Exhibit H are copies of a portion of the previously filed by Plaintiffs for the Tucker Ellis law firm [NYSCEF #46]. 11. The documents annexed hereto as Exhibit I are copies of a portion of the previously filed by Plaintiffs for the Harris Beach law firm [NYSCEF #44]. 12. The document annexed hereto as Exhibit J is a copy of the biography of Daniel Kelly from the Tucker Ellis law firm, downloaded at: The document annexed hereto as Exhibit K is a partial PDF of the biography of Abbie Eliasberg Fuchs from the Harris Beach law, downloaded at: The document annexed hereto as Exhibit L is a partial PDF of the biography of Ross Hofherr from the Harris Beach law, downloaded at: The document annexed hereto as Exhibit M is a partial PDF of the biography of Kimbery Connick from the Harris Beach law, downloaded at: The document annexed hereto as Exhibit N is a true and correct copy of an exchange between Ross Hofherr and David Leamon. 17. The document annexed hereto as Exhibit O is a true and correct copy of Defendant s Offer to Liquidate Damages Pursuant to NY CPLR 3220 [NYSCEF #32]. 18. The document annexed hereto as Exhibit P is a true and correct copy of an exchange between Abbie Eliasberg Fuchs and Michele Singer (Prometheus). 3 3 of 5

4 19. The document annexed hereto as Exhibit Q is a true and correct copy of the Affirmation Of Abbie Eliasberg Fuchs In Support Of Plaintiff s Motion To Strike And Dismiss [NYSCEF #10]. 20. The document annexed hereto as Exhibit R is a true and correct copy of Plaintiff s Reply Memorandum Of Law In Further Support Of Plaintiff s Motion To Dismiss Defendant s Counterclaims And To Strike Affirmative Defenses [NYSCEF #28]. 21. On August 9, 2016, I participated telephonically in the Court s hearing on Plaintiff s Motion to Dismiss Defendant s Counterclaims and Strike Affirmative Defenses. To my recollection, the combined duration of the oral arguments for Ross Hofherr and myself was approximately 15 minutes. 22. On February 6, 2017, the undersigned sent an to Ross Hofherr of the Harris Beach firm communicating Defendant s written settlement offer. See Exhibit N. 23. On February 8, 2017, the undersigned received a reply from Mr. Hofherr. See id. The undersigned was first made aware of the possibility that Plaintiff would file a motion for summary judgment upon receiving said On February 15, 2017, Defendant filed its Offer to Liquidate Damages Pursuant to NY CPLR 3220 [NYSCEF #32] in the amount of $56, The bases for the amounts in each offer were the same, but the amount contained in the Offer to Liquidate was approximately 1% greater than the settlement offer ed on February 6, 2017 based on performing a more accurate itemization and calculation of interest and allowable costs. 4 4 of 5

5 Affirmed under penalties of perjury this 18 th day April, DAVID LEAMON, PC David Leamon, Esq. 119 E. 64th Street, #1A New York, NY T: (212) F: (212) Attorney for Defendant Prometheus Global Media LLC 5 5 of 5