# UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IN RE JP CHASE & CO. DERIVATIVE LITIGATION Case No. 1:23-CV-03903 (JSR) DERIVATIVE ACTION # DECLARATION OF CHRISTINE M. MACKINTOSH IN SUPPORT OF PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS CHRISTINE M. MACKINTOSH declares the following pursuant to 28 U.S.C. ยง1746: I. 1 am a Principal at the law firm of Grant & Eisenhofer P.A., 123 S. Justison Street, Wilmington, Delaware, attorneys for Plaintiff Operating Engineers Construction Industry and Miscellaneous Pension Fund. I submit this declaration in support of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motions to Dismiss. 2. Attached hereto as Exhibit 1 is a true and correct copy of the Consent Order entered into between the Comptroller of the Currency of the United States of America and JPMorgan Chase Bank, N.A., JPMorgan Bank and Trust Company, N.A., and Chase Bank USA, N.A., dated January 14, 2013. 3. Attached hereto as Exhibit 2 is a true and correct copy of the Consent Order for the Assessment of a Civil Money Penalty entered into between the Comptroller of the Currency of the United States of America and JPMorgan Chase Bank, N.A., JPMorgan Bank and Trust Company, N.A., and Chase Bank USA, N.A., dated January 4, 2014. I declare under penalty of perjury that the foregoing is true and correct. Executed on: July 20, 2023 Wilmington, Delaware Is/ Christine M Mackintosh Christine M. Mackintosh (admitted pro hac vice)