136. The deposition of Carroll scheduled for June 26, 1978 in Honesdale was cancelled several days before the deposition.
137. On August 31, 1978, Mr. Bragg spent one and one-half hours in research on and preparation of the in forma pauperis brief for Barrett.
138. Mr. Bragg spent seven hours in research with respect to the complaint and drafting the complaint on November 23, December 6, December 8, December 13, and December 15, all of 1977 and spent 3 additional hours in an interview with Plaintiff Healey on November 28, 1977 relating to the complaint.
139. Mr. Jennings spent 3 hours working on the complaint on November 29, December 5, and December 12, 1977.
140. A total of 29.75 hours was spent on the complaint by attorneys Bragg, Hamill and Jennings.
141. Of the time recorded by Mr. Bragg on December 28, 1977 of 3 1/2 hours, relating to a conference with Messrs. Hamill and Fields, Mr. Bragg's travel time was one and 3/4 hours.
142. Mr. Bragg spent one and one-half hours on travel on January 23, 1978.
143. Mr. Benson's in forma pauperis status was revoked June 25, 1978.
144. Mr. Hamill was to be assistant trial counsel in the case.
145. Mr. Bragg does not know whether or not the travel time on January 26, 1978 was during regular business hours.
146. Mr. Bragg's travel time on June 26, 1978 did not begin before 8:30 A.M. and did not end after 6:30 P.M.
147. The practice of law for Wayne County attorneys is largely confined to negligence, real estate, and estate law.
148. Compensation of counsel in Wayne County in negligence work is normally on a contingent basis for counsel for Plaintiffs and in real estate and estate work is normally on a percentage basis relating to the value of the real estate or of the estate in question.
149. An hourly rate is charged by Wayne County counsel where they act as local counsel for defendants in negligence work or where they act as counsel for municipalities.
150. For attorneys in Wayne County who have been in the active practice of law for more than five years, the normal hourly billing rate is between $ 35.00 per hour and $ 40.00 per hour.
151. In some cases in Wayne County, the billing rate is lower than $ 30.00 per hour.
152. Wayne County, Pennsylvania, is a seventh-class county.
153. Attorney John C. Mascelli, counsel for the Defendants, was Pro se law clerk for the Middle District of Pennsylvania between September, 1975 and March 15, 1977.
154. Mr. Mascelli has been in private practice since March 15, 1977.
155. Mr. Mascelli was sometime law clerk to Justice Eagen, now Chief Justice Eagen, of the Pennsylvania Supreme Court for one year.
156. As Pro se law clerk, Mr. Mascelli handled at least 100 prisoner cases.
157. Mr. Mascelli represented the Defendant Glenn in McKenna vs. Glenn, et al. and Attorney Lawrence Ludwig represented the Defendant Updegraff in the same case.
158. The case of McKenna vs. Glenn, et al. went to trial before a jury and the undersigned judge and consumed six trial days.
159. Mr. Mascelli spent 160 hours in the defense of the McKenna case and Mr. Ludwig spent a like amount of time in that case.
160. McKenna was Pro se in the case of McKenna vs. Glenn, et al.
161. The jury found in favor of the Defendants in the case of McKenna vs. Glenn, et al.
162. A consent decree in the above-captioned action was filed February 1, 1978 which effectively eliminated the hearing on the February, 1978 list with respect to the application for a preliminary injunction and which consent decree in itself constituted a preliminary injunction.
163. The consent decree of February 1, 1978 did not provide relief with respect to sub-paragraphs 12, 15, 18, and 21 of Paragraphs D and E of the complaint filed December 15, 1977.
164. Sub-P 12 of Paragraphs D and E of the complaint requested that the Sheriff account for hours of manual labor worked by prisoners outside of the cell blocks.
165. Sub-P 15 of Paragraphs D and E of the complaint requested an accounting by the Sheriff of past profits from the commissary.
166. Sub-P 18 of Paragraphs D and E of the complaint requested that the Sheriff be enjoined from bestowing special privileges on any inmate.
167. Sub-P 21 of Paragraphs D and E of the complaint requested an accounting from the Sheriff for individual prisoner accounts and monies allegedly lost therefrom.
168. There were 21 requests for relief in the complaint plus a request for class action certification and requests for compensatory and punitive damages.
169. The consent decree of February 1, 1978 in large part provided the Plaintiffs with most, if not all, of the relief to which the Plaintiffs claimed entitlement under the federal constitution and also provided the Plaintiffs with interim relief on matters under state law with respect to which the Plaintiffs had requested the Court to take pendent jurisdiction.
170. The Agreement of February 1, 1978 did not acknowledge on behalf of the Defendant validity of the pendent state claims of the Plaintiffs.
171. Even before February 1, 1978 counsel for the Defendant requested a settlement proposal from the Plaintiffs and continued to request such a proposal without success until a settlement proposal was finally received from the Plaintiffs on June 8, 1978.
172. The settlement proposal of the Plaintiffs received June 8, 1978 (K35) set out many demands which were not contained in the complaint and amended complaint including, but not limited to, the following:
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