EDNY Case 21-cv-02194 US Court of Appeals Second Circuit 21-1573 Doc #8 Civil Appeal Pre-Argument Statement (Form C)

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Case 21-1573, Document 8, 07/12/2021, 3135699, Page12 of 158 A legal team has been specifically selected for specialties involved in the litigation pending before the federal court. The employee Class is represented by competent legal counsel, assembled based on each attorney's specialty and capabilities. An understanding of the team assembled to represent the Class begins with the origin and precedent for the current Class Action, originating in a case decided by Judge Lasker in the Southern District of New York, Percy v. Brennan Case 73-cv-04279 Dkt 20. The Record, retrieved from the National Archives, was being held as a case of national significance to be protected from shredding. In this case, Albert Percy was one of the class Representatives (Percy v. Brennan). In understanding why these attorneys have teamed together to represent the Class begins with the precedent for the current Class Action originating in a case decided by Judge Lasker in the Southern District of New York, Percy v. Brennan supra. Albert Percy initially sought out Mr. Kernan due to his history in developing the Alternative Employment Practice after the conclusion of Percy v. Brennan, and after Governor’s Executive Order 45 provided in the settlement was declared illegal, unconstitutional and unenforceable, 48 NY2d 376 1979, 48 NY2d 376 1979 and Fullilove v Carey 48 NY2d 826 1979. Attachment #19 and 20, also see Dkt 20 Attachments which are records certified by the US National Archives from the docket in Percy v. Brennan, Dkt #20, all as docketed in EDNY Case 20-cv-06131. The legal counsel is a team from diverse backgrounds selected for specific talents, experience and knowledge specifically selected for this litigation and the issues in this litigation, needed to represent the interests of the Class. Attorney Anthony Robinson of Minority Business Enterprise Legal Defense and Education Fund (“MBELDEF”) is a practicing civil rights attorney. Mr. Robinson, as the 10

Case 21-1573, Document 8, 07/12/2021, 3135699, Page13 of 158 President and CEO of the MBELDEF for the past 30 years, has spent his impressive career advocating for better opportunities. MBELDEF is a public interest law firm that seeks to to combat institutional racism and protect the civil rights of disadvantaged persons, including the right to equal employment opportunity. Attorney Robinson is well experienced in this type of litigation. Joseph V. McBride, 30 East 37th Street, Apt. 5F, New York, NY 10016. McBride has extensive experience with class action litigation and FRCP 23 class issues. Ephraim Savitt, 165 W. And Avenue, New York, NY 10023, Mr. Savitt is well experienced in white collar civil and criminal litigation, RICO, mail and wire fraud litigation, Medicaid/Medicare litigation and criminal and civil racketeering litigation. James M. Kernan has been counseling the Class since 1979 when the Governors Executive Border 45 was declared illegal and unenforceable. Mr. Kernan initially became involved because of his history in developing an alternative employment practice after the failure of NY Governors Executive Order 45. EDNY Case 20-cv-06131 Dkt 22 Attachments#11 through 18, see the narrative below that this case is of national significance. Mr. Kernan developed the alternative employment practice (“Alternative Employment Practice”) which is the subject of this litigation as hereinto before set forth at EDNY Case 20-cv-06131 Dkt 22 Attachment #21. The Alternative Employment Practice began development when Mr. Kernan was recruited in 1978 to consult on benefits with Percy’s attorney Dennis R. Yeager Esq. Mr. Kernan worked with the team pursuing an apprenticeship program based on the Federal District Court for the SDNY case Percy vs Brennan supra, which required affirmative action for equal employment opportunity by apprenticeship training in enforcing Presidential EO 11246, a class action brought by 11