UN ITED STATES DISTRICT COURT DISTRICT OF M INNESOTA COURT FILE NO.

: 07-cv-4808 MJD/AJB

Waverly C. Young, Plaintiff, v. Diversified Consultants Inc., Defendant.

AFFIDAVIT OF THOMAS J. LYONS, ESQ. IN SUPPORT OF PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS

I, Thomas J. Lyons, Esq. declare as follows: 1. I am the president of the Lyons Law Firm, P.A. I am submitting this

Affidavit in support of Plaintiff's Motion for Attorneys' Fees and Costs in connection with services rendered in the above-entitled action (the "Action"). 2. Attached as Exhibit 1 is information concerning the background and

experience (e.g., curriculum vitae) of my law firm and myself. 3. Attached as Exhibit 2, is a true and correct copy of Defendant Diversified

Consultants Inc. Rule 68 Off er of Judgment and Plaintiff Waverly Young's Acceptance of Defendant Diversified Consultants Inc. Rule's 68 Off er of Judgment. 4. Attached as Exhibit 3, is a true and correct copy of time records for Lyons

Law Firm, P.A.

5.

The schedule for the hourly rate charged by Plaintiff's attorneys is listed

below in paragraph 7. These rates are comparable to hourly rates being charged by me

and other consumer class action attorneys in the Minnesota District and around the country and within the range charged by attorneys with comparable experience levels for consumer litigation of a similar nature. 6. As set forth in Exhibit 3 is the hourly rate charged by myself, which is

$400.00 an hour. This rate for attorneys is reasonable and within the range charged by attorneys with comparable experience levels for consumer litigation of a similar nature. Further, my hourly rate has increased over that past years as follows:

Baier, et al

v.

FleetBoston Financial, USDC EDPA, 04-0507, the Pennsylvania

Court approved my rate at $350.00. (See Exhibit 4)

Keener, et al

v.

Sears Roebuck, EDCV-03-0 1265-RT (SGLx), the California

Court approved my rate at $350.00. (See Exhibit 5)

Nienaber

v.

Citibank, USDC SD, CV Civ. No. CIV 04-4054, the South Dakota

Court approved my rate at $350.00. (See Exhibit 6) 7. As set forth in Exhibit 3 is the lodestar devoted to the case by the Lyons

Law Firm, P.A. for work performed with respect to this case is as follows: Attorneys Thomas J. Lyons, Sr.
TOTAL FEES:

Hourly Rate $400.00

Hours 7. 1 0 $2,845.09
$2,845.09

8.

The lodestar figures are based upon the firms' billing rates, which rates do

not include charges for expense items. Expense items are billed separately and such charges are not duplicated in the billing rates. 9. Attached as Exhibit 7 is a true and correct copy of the Affidavit of Peter

Barry, Esq. dated January 24, 2008, previously submitted to the court in Bankey vs. Phillips and Burns, LLC., Civ. No. 07-cv-2200 (affirming the reputation, skill and expertise possessed by me in the area of consumer iaw). 10. Attached as Exhibit 8 is a true and correct copy of the Affidavit of William

Crowder, Esq. dated January, 24, 2008 previously submitted to the court in Bankey vs. Phillips and Burns, LLC., Civ. No. 07-cv-2200 (affirming the reputation, skill and

expertise possessed by me in the area of consumer law). 11. Attached as Exhibit 9 is a true and correct copy of the Consumer Law

Attorney Fee Survey conducted by Ronald Burdge in 2007. 12. Attached as Exhibit 10, is a true and correct copy of the redacted retainer

agreement signed by Plaintiff Waverly Young. I declare under penalty of perjury that the foregoing is true and correct.

FURTHER YOUR AFFIANT SA YETH NOT.

Lyons Law Firm, P.A. 367 Commerce Court Vadnais Heights, Minnesota 55 127 (65 1) 770-9707 d and sworn to before me uay of March, 2008.