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Michael Mckenna, William Mckenna, and Raymond Carnation v. City of Philadelphia

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


October 25, 2012

MICHAEL MCKENNA, WILLIAM MCKENNA, AND RAYMOND CARNATION
v.
CITY OF PHILADELPHIA

The opinion of the court was delivered by: McLaughlin, J.

MEMORANDUM

Before the Court are applications for attorney's fees in a civil rights case brought against the City of Philadelphia by three former police officers. Submissions on the appropriate attorney's fees to award have come in from attorneys Brian Puricelli, Theodore Kravitz, and Annette Oakley, from the plaintiffs filing pro se, and from the defendant City. The Court will grant in part the fee requests of attorneys Puricelli, Kravitz, and Oakley, and deny the fee requests of Beth McKenna and Cynthia Palamone-McKenna.

I. Context

Because the fee applications at issue here come before the Court via an involved procedural history, before analyzing the petitions directly, a brief summary of the case and the fee petitions themselves is appropriate.

A. Background of the Case

The history of this case is reviewed here only in brief because the Court described the summary of events and procedural history of the litigation in detail in its Memorandum of Law describing why a new trial was not appropriate (Docket No. 307).*fn1

After an eight-day jury trial on the plaintiffs' claims for retaliation under Title VII, 42 U.S.C. § 2000e, et seq., the jury found in favor of all three plaintiffs and awarded non- pecuniary damages in the amount of $2,000,000 for Raymond Carnation, $3,000,000 for William McKenna, and $5,000,000 for Michael McKenna. After a subsequent evidentiary hearing, the Court awarded plaintiff Raymond Carnation back pay of $208,781.

The Court then granted the City's motion to limit the jury verdict to $300,000 for each plaintiff under Title VII's statutory cap on non-pecuniary damages, 42 U.S.C. § 1981a(b)(3).

Accordingly, the Court entered a final judgment on July 24, 2009, awarding each plaintiff $300,000 in non-pecuniary damages and awarding Raymond Carnation $208,781 in back pay and $46,560 in pre-judgment interest on his back pay award.

After trial and the entry of final judgment, on August 5, 2009, the plaintiffs filed "Plaintiff's Rule 15(b)(2) Motion to Amend the Pleading After Trial, and Motion to Enter Jury Award of Ten Million Dollars as a Pennsylvania Human Relations Claim Award and Final Judgment," (Docket No. 282). That motion argued that the Court should recognize termination claims for William and Michael McKenna and a PHRA claim for all plaintiffs, which would avoid the Title VII statutory cap. The Court denied that motion on August 25, 2009 (Docket No. 288), in an Order that noted the Court had previously addressed the substance of plaintiffs' arguments on those points in Orders dated May 15, 2007, and July 14, 2009.

On July 23, 2010, the plaintiffs filed a Second Amended Notice of Appeal (Docket No. 308) and on August 12, 2010, the City filed a Notice of Cross Appeal (Docket No. 311). The United States Court of Appeals for the Third Circuit denied both parties' appeals in August of 2011.*fn2 Accordingly, the Court's entry of final judgment remained unaltered.

B. History of the Fee Petitions

The parties' positions on the attorney's fees issues have evolved over time. The earliest petition for attorney's fees was filed by attorney Puricelli on May 19, 2008 (Docket No. 169), an updated petition was filed on May 28, 2009 (Docket No. 243), and a Supplemental Petition was filed by Puricelli on November 22, 2011 (Docket No. 334).

In the fee petitions prior to the Supplemental Petition, Puricelli sought fees on behalf of himself as well as his law partner (Thedore Kravitz), another attorney who assisted him with the case (Annette Oakley), and Cynthia Palamone-McKenna and Beth McKenna, who purportedly worked as legal assistants to Puricelli and are each married to one of the plaintiffs.

On October 13, 2011, the plaintiffs filed pro se an Emergency Petition requesting a conference with the Court (Docket No. 321). At that conference, which the Court held on October 21, 2011, the plaintiffs explained that they were terminating Puricelli's representation of them and were concerned about receiving their judgment through Puricelli because of the disputes that had arisen between Puricelli and the plaintiffs.

Specifically, Puricelli contended that the judgment should be disbursed through his law firm or placed in escrow because of an alleged contract that gave Puricelli discretion to accept either the Court awarded attorney's fees or forty percent of the total recovery, meaning attorney's fees combined with the judgment, as fees for his work in the case.*fn3

The plaintiffs disputed the validity of any such contract,*fn4 and conceded that their interest was solely in obtaining the judgment and that Puricelli would be entitled to any attorney's fees the Court awarded for his efforts.*fn5

In order to avoid being placed in the middle of an internal dispute between clients and their attorney, and in order to avoid further delays in the payment of a judgment to plaintiffs who had been litigating the case for years,*fn6 the Court ordered the City to pay the judgment to the plaintiffs directly and terminated Puricelli's representation of the plaintiffs, but explained that Puricelli could represent his own interests in the case regarding his fee petition.

After that conference with the Court, Puricelli filed his Supplemental Petition, in which he no longer asserted that Kravitz, Oakley, or either legal assistant was entitled to fees. Puricelli expressly mentioned his renunciation of fee claims for Kravitz and the two legal assistants in his petition, but removed the application for fees for Oakley without making any direct reference to doing so.

The pro se plaintiffs filed a response on January 19, 2012 (Docket No. 341), arguing that Puricelli had no authority to withdraw the prior fee petitions because his representation of the plaintiffs had terminated so the fee petitions of Kravitz, Oakley, and the legal assistants still remained before the Court.

In addition, the pro se plaintiffs highlighted certain entries in the attorney's fee applications that they considered inaccurate. The defendant City submitted its Response to the Supplemental Fee Petition on January 30, 2012 (Docket No. 344), arguing that nobody except Puricelli should receive fees and that his fees should be significantly reduced.

Puricelli then submitted a reply on April 3, 2012 (Docket No. 360), arguing that Kravitz, Oakley, and the legal assistants could advocate on their own behalf for their fees but that his requested fees were justified.

Attorneys Kravitz and Oakley have since submitted filings to the court advocating for their respective fees. On April 5, 2012, Kravitz submitted a filing regarding his attorney's fees (Docket No. 361). On April 24, 2012, Oakley filed a Motion to Intervene that also laid out her defense of her original attorney's fee petition (Docket No. 363). The City responded to that motion on May 10, 2012 (Docket No. 369) and Oakley filed a reply on May 18, 2012 (Docket No. 373).

Finally, on May 15, 2012, Puricelli submitted Plaintiffs' Supplemental Time for Award for Attorney Fees (Docket No. 372), to which the city filed an objection on May 25, 2012 (Docket No. 374). Puricelli's filing was unauthorized because it was filed without leave of the Court after the extensive briefing on the fee petitions had closed. In addition, Puricelli's time report in this latest filing consists of tasks related to his disputes with his ex-clients and former colleagues. Accordingly, for both procedural and substantive reasons, the Court disallows Puricelli's May 2012 Supplemental Filing and considers the November 2011 Supplemental Petition the operative fee petition for Puricelli.

II. Analysis

Given the history of the fee petitions described above, although the Court considers the November 2011 Supplemental Petition to be the operative submission with respect to Puricelli's fee request, the Court considers the time entries submitted in the previous fee petitions as the operative requests for Kravitz, Oakley, and the two legal assistants. As a threshold matter, the withdrawal or omission of the fee applications of the other parties in Puricelli's Supplemental Petition is not binding on those other parties given that Puricelli's representation of the plaintiffs had been terminated by that time.

Although redundancy is a concern in assessing fee petitions, the Court considers it reasonable that three attorneys would seek fees for presenting the plaintiffs' case. The attorneys conducted an eight-day jury trial and obtained a favorable verdict for each of the three plaintiffs. It also bears mentioning that the City had multiple attorneys working on its behalf during the trial and otherwise.

A. Legal Standard

Plaintiffs' right to attorney's fees derives from 42 U.S.C. §2000e-5(k), which permits a district court, in its discretion, to award the "prevailing party" in a Title VII suit "a reasonable attorney's fee." The standards governing such awards are the same as those for awards governed by 42 U.S.C. §1988, which similarly provides that prevailing parties in civil rights cases may receive "a reasonable attorney's fee." See Hensley v. Eckerhart, 461 US 424, 433 n.7 (1983).

A reasonable attorney fee is one that is, "adequate to attract competent counsel, but which do[es] not produce windfalls to attorneys." Pub. Interest Research Group of New Jersey, Inc. v. Windall, 51 F.3d 1179, 1185 (3d Cir. 1995).

Here, the plaintiffs are the prevailing party on their Title VII claims, although their efforts to secure a judgment for damages above the statutory cap of Title VII were largely unsuccessful.

To decide the appropriate awards, the next step is to determine what the lodestar is for each by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate. Hensley at 433 (1983). The petitioner must submit verified itemization of the hours worked at the rates claimed.

Id.

The defendant, if opposing the award, has the burden of challenging the reasonableness of the requested fee. Rode v. Dellarciprete, 892 F.2d 1177, 1183 (3d Cir. 1990). The District Court thereafter has considerable discretion to adjust the fee award in light of those objections. Id.

When reviewing fee applications, the Court conducts "a thorough and searching analysis." Interfaith Cmty. Org. v. Honeywell Int'l, Inc., 426 F.3d 694, 703 (3d Cir. 2005).

B. Kravitz and Oakley Awards

Because the fee petitions for Mr. Kravitz and Ms. Oakley were straightforward in that their requested hourly rates were not disputed and their time entries referred to work done on the case either before or during the trial, the Court begins by calculating the awards for those attorneys before turning to the more complex issues raised by Mr. Puricelli's fee petition.

With respect to Mr. Kravitz, the Court awards $15,900. This figure was calculated by multiplying 63.3 hours by Kravitz's rate of $250/hour. The Court excised 6.3 hours from Kravitz's time entries that were dated August of 2006 because the case had not yet been remanded back to the Court from the Third Circuit at that point.

With respect to Ms. Oakley, the Court awards $24,050.

This figure was calculated by multiplying 120.25 hours by her $200 hourly rate. Ms. Oakley's time entries claim 321.30 hours, but the Court excised 198.75 hours that relate to the preparation of a timeline or flowchart that Ms. Oakley was preparing but was never presented at trial*fn7 and another 2.3 hours because Ms. Oakley billed 9 hours for a meeting with Puricelli that Puricelli's entries list as lasting only 6.7 hours.

The Court considered Ms. Oakley's fee petition and the arguments she made in her Motion to Intervene (Docket No. 363) as well as her Reply (Docket No. 373) to the City's Opposition to her Motion (Docket No. 369). This Memorandum and Order resolves the outstanding fee petition issues in the case. Accordingly, Ms. Oakley's Motion to Intervene will be denied as moot.

C. Fee Petitions of Cynthia Palamone-McKenna and Beth McKenna

With respect to the fee petitions of Cynthia Palamone- McKenna and Beth McKenna, the Court will not award either of them fees. Although both fee petitions are submitted as petitions for fees for work performed as legal assistants, according to her own affidavit Beth McKenna's background is as a court reporter and notary public and not as a legal assistant, and the time entries for both women show the majority of their time was spent proofreading the plaintiffs' submissions to the Court. As both the City and Puricelli himself have noted, there seems to be no case law supporting the notion that the time spent by proofreading personnel can be charged to the defendant as attorney's fees.

Moreover, the fact that Cynthia Palamone-McKenna and Beth McKenna are the wives of two of the plaintiffs gives their work a different character than if they had been disinterested employees hired by Puricelli to assist with the case. Although the Court does not doubt that both women contributed to the plaintiffs' case, that work was done in a role more akin to an interested client or volunteer than as a professional legal assistant. Both Cynthia Palamone-McKenna and Beth McKenna included attending settlement conferences and the trial in their time entries. Such activities are characteristic of an interested party and not ones that a professional legal assistant would be included in.

Generally, pro se litigants cannot recover attorneys' fees. See Kay v. Ehrler, 499 U.S. 432, 438 (1991); Pitts v. Vaughn, 679 F.2d 311, 313 (3d Cir. 1982). Because the role that Cynthia Palamone-McKenna and Beth McKenna played in this case is more naturally analogized to that of a pro se litigant than a professional paralegal, the Court finds that they cannot recover attorney's fees for their efforts on behalf of their husbands' case.

Indeed, a general principle when considering attorney's fees is that "hours that would not generally be billed to one's own client are not properly billed to an adversary." Pub. Int. Research Group of N.J., Inc., 51 F.3d at 1188. Just as Cynthia Palamone-McKenna and Beth McKenna would not consider their husbands obliged to pay Mr. Puricelli for their time spent on the case, neither will the City be held responsible for compensating them in the form of attorney's fees.

D. Puricelli Award

Puricelli's Supplemental Petition was much more extensive and raised a number of lodestar issues not present in the fee petitions for Kravitz and Oakley. The nature of Puricelli's fee supplement raises three issues in particular: unsuccessful claims, unnecessary or excessive work, and the appropriate hourly rate. Each of these issues is discussed below. Because of the length of Puricelli's fee petition, the Court will describe in general the principles it applied to these issues and include in an Appendix a table that lists the Court's conclusion on each of Puricelli's time entries.

1. Unsuccessful claims

Unlike that of Kravitz and Oakley, Puricelli's fee petition includes a number of entries for work done after the conclusion of the trial. That work was largely designed to avoid the statutory cap on Title VII claims, but ultimately the plaintiffs were only awarded $300,000 each along with backpay for Mr. Carnation. Thus, much of Puricelli's time after the trial was spent on unsuccessful attempts to avoid the statutory cap that reduced the original jury award.

The United States Court of Appeals for the Third Circuit, interpreting a Supreme Court precedent on the point, has held that fees should not be awarded for time that would not have been spent if the unsuccessful claim had not been pursued. Lanni v. New Jersey, 259 F.3d 146, 151 (3d Cir. 2001)("The District Court's downward adjustment was made under the rubric of Hensley v. Eckerhart, 461 U.S. 424, 433-35 (1983), which teaches that where a plaintiff prevails on one or more claims but not on others, fees shall not be awarded for time that would not have been spent had the unsuccessful claims not been pursued. The Hensley Court termed this a downward adjustment for 'limited success.' Id. at 436-37 . . . Accordingly, we find no abuse of discretion in connection with the Hensley reduction of the lodestar for limited success.").

Here, Puricelli's post-trial efforts to increase the plaintiffs' judgment represents time that would not have been spent if the unsuccessful claims in the form of back pay and Pennsylvania Human Relations Act ("PHRA") claims had not been pursued.

Those efforts included the plaintiff's appeal to the Third Circuit, although the Court does award Puricelli for his time spent defending against the defendant City's cross-appeal to the Third Circuit. For time entries that reflected efforts to both bring the appeal and defend against the City's appeal, the Court excises half of the time and grants an award for the other half.

Accordingly, the Court excises the following time entries for work done on those tasks when calculating Puricelli's award.

Time Spent on Unsuccessful Claims

Date of Description Time Comments Service Claimed

12/15/06 Start reply to 3.4 W&M

City response [to Termination motion to amend complaint]

12/18/06 Edit Reply to 1.2 W&M

City response Termination

12/18/06 Conf. w. TMK re: 0.5 W&M reply Termination

12/22/06 Edit convert & 2.1 W&M

File reply to Termination City response re: mo Amend

5/16/07 Order n memo in 0.4 W&M

(ECF) re: mo amd- Termination denied copy & distrib to client

5/17/07 Legal Research & 4.4 W&M file review for Termination mo reconsid/ stay

5/18/07 Draft mo recon/ 12.6 W&M omnibus mo Termination

5/19/07 Review draft stay 2.3 W&M mo & reconsid Termination w/TMK

5/19/07 Send draft to 0.3 W&M clients for Termination review comments

5/22/07 Client mtg re 3.2 W&M comments Termination

5/22/07 Edit motion 2.3 W&M Termination

5/23/07 Final Edit, 0.5 W&M convert to pdf & Termination file omnibus mo

6/2/07 Tx from BM re: 0.1 W&M update-omnibus Termination motion

6/3/07 Tx from MM & RC 0.2 W&M re: update on Termination omnibus motion

6/11/07 City Response to 0.4 W&M omnibus motion in Termination ECF, copy & distribute to clients

6/12/07 Review response 0.5 W&M

6/12/07 Review response 0.3 W&M w/TMK Termination

6/12/07 Client tel conf 0.7 W&M meeting re: City Termination response & any reply

6/14/07 Draft reply & 2.4 W&M legal research Termination for reply

6/17/07 Edit draft reply 3.2 W&M

6/18/07 Send draft reply 0.2 W&M to client & TMK Termination

6/19/07 Client conference 1.1 W&M re: edits to Termination reply

6/19/07 Review client & 0.5 W&M

TMK changes w/TMK Termination

6/20/07 Final read/edit; 1.3 W&M convert & file Termination

Termination

Termination

11/28/07 Order/Decision in 0.6 W&M

(ECF), copy, send Termination & review

12/2/07 Draft second 2.3 W&M motion for Termination reconsideration

12/3/07 Send draft mo to 0.2 W&M client for review Termination & input

12/3/07 Send second 0.1 W&M motion to TNK Termination [sic] for review

12/4/07 Mtg with clinet & 0.5 W&M

TMK re: reviews Termination for second mo reconsideration

12/5/07 Edit 0.7 W&M reconsideration Termination motion

12/7/07 Conform mo to PDF 0.2 W&M

& File ECF second Termination mo for reconsideration

12/13/07 Legal research 6.1 W&M re: mandamus n Termination Draft Mandamus petition

12/14/07 Draft mandamus 10.5 W&M petition, send to Termination clients

12/15/07 Client input on 2.3 W&M mandamus Termination received; edit petition

12/16/07 Meet w/TMK re: 0.3 W&M edits for Termination mandamus

12/17/07 Marshall exhibits 1.6 W&M for Pet mandamus Termination

12/19/07 Pet mandamus to 0.3 W&M clients for Termination review

12/20/07 Edit, copy & file 2.5 W&M

3rd Cir. (450.00) Termination for mandamus

1/29/08 Mandamus decision 0.3 W&M in [sic] denied, Termination advise clients

5/1/08 Prep tird [sic] 1.7 W&M mo limine Termination

5/1/08 Send 3rd limine 0.2 W&M to liens [sic] & Termination TMK & AO or [sic] review

5/1/08 Meet with TMK & 0.3 W&M

AO re: 3rd Limine Termination mo

5/1/08 Edits to 3rd 0.6 W&M

Limine Mo Termination

5/4/08 Edit 3rd Limine 0.6 W&M mo, conform & Termination file

5/19/08 Client contact WM 0.5 W re: case status & termination next hearing, B/F pay amend matter

5/19/08 Client Contact MM 0.3 M re: case status & termination next hearing, $issue of B/F pay

5/21/08 Legal research 1.2 PHRA mold award to state damage award

5/21/08 Draft motion & 2.3 PHRA

MOL for molding award

5/21/08 Cir draft of 0.6 PHRA reply & mo/mol to client for comment, review wiht client

5/22/08 Edit reply & 0.7 PHRA mo/mol with clients & TMK comments

5/22/08 Email WM re: amd 0.01 W mo for sick chk termination

5/22/08 Draft mo to amend 4.5 W add term for WM termination

5/22/08 Conf w/client & 0.3 W

TMK for review on termination mo amd recon

5/22/08 Make changes to 0.8 W mo & recon termination

5/22/08 Conform drafts 0.3 W

(mos & mols) to termination PDF & file

6/9/08 Recv & Read City 1.3 PHRA response to PHRA Issue

6/9/08 Client 1.6 PHRA conference, by phone separate, go over City response

6/11/08 Legal research, 3.4 PHRA review D law, do own research to support

6/12/08 Draft Reply 9.7 PHRA

6/13/08 Draft Edit 4.3 PHRA

6/15/08 Client review, 1.2 PHRA conference re: draft reply to PRHAC issue

6/16/08 Edit reply 3.6 PHRA w/client & TMK comment, file review with exhibits

6/17/08 Final Edit, 2.7 PHRA review & write to reply PHRA issue, conform & file

10/28/08 Mo for sanction, 8.8 W&M opp discovery & termination, City mo to dz RC PHRA claims

10/29/08 Edit mo reply, 3.4 W&M send to clerk CP termination, for proofing PHRA

10/30/08 Review edits & 0.3 W&M proof termination,

PHRA

10/31/08 Final edit & 0.5 W&M review, conform & termination, file Response PHRA

11/17/08 City response to 0.5 Entry of

Pltf filings, judgment, review W&M termination, PHRA

11/17/08 Meet with AO re: 0.8 W&M reply, email termination, reply to clients PHRA & discuss with all clients

11/17/08 Assign reply MOL 0.1 W&M to AO termination,

PHRA

11/18/08 Review AO reply 0.4 W&M

MOL & send to CP termination, for proofing PHRA

11/19/08 Review edits & 0.2 W&M proofing termination,

PHRA

11/19/08 Assign AO to 0.1 W&M edits for mol termination,

PHRA

11/20/08 Review edits 0.2 W&M conform & file termination,

PHRA

2/10/09 Client contact 0.2 W re: Ray Ss dock termination Bill damages

2/19/09 Review 02/25/01 0.5 W transcript on termination term issue in WMMC case

2/20/09 Legal research 2.3 W&M re: term amend & termination prej/delay issues to facts here

2/23/09 Review prior 2.1 W&M orders, memos & termination trans (9/29/01 argument) re: front/back pay all

6/5/09 Conform 0.6 W&M supplemental termination, response to City PHRA post hearing brief

6/20/09 Notice in, via 0.2 PHRA

ECF, from city, review & advise clients

6/21/09 Read notice & 2.4 PHRA decision, legal research on cases

6/21/09 Client contact 1.3 PHRA

(all there) re: Notice & decision discussed, plus reply

6/22/09 Review def 3.4 PHRA documents/trial books & attachment to motion

6/22/09 Draft started for 4.3 PHRA reply to notice

6/22/09 Send draft to be 0.1 PHRA reviewed & edited (Beth & Cynthia)

6/22/09 Draft review 0.3 PHRA returned & reviewed

6/23/09 Edit draft & 2.1 PHRA resent for review, proof & edits (to Cynthia & Beth)

6/23/09 Edit/proofing 0.4 PHRA returned & reviewed, Conformed to PDF, scan exhibits, file

6/26/09 ECF in from City, 2.1 PHRA review memo, review case law cited

6/27/09 Draft reply to 6.3 PHRA

City memo on exhaustion, EEOC & Discipline matters

6/27/09 Forward draft to 0.1 PHRA client for comments & to CP & BM for edits

6/29/09 Edits & comments 0.9 PHRA back, edit draft with comment from client

6/29/09 Send draft edited 0.1 PHRA to clients for review & to CY & BM for proofing

6/30/09 Received proofing 1.6 PHRA

& comments, edit reply to add additional argument

7/1/09 Review Edits from 0.5 PHRA

CP, conform to PDF & file w/Ct through ECF

8/2/09 Meet clients re: 5.5 Entry of post trial judgment, motions & appeal; W&M draft post trial termination, motions PHRA

8/2/09 Legal research, 3.2 W&M re 15B mo & more termination, time for PT MOL PHRA

8/3/09 Start 15b Mo 6.8 W&M termination, PHRA

8/4/09 Edit mo 15b 9.7 W&M termination, PHRA

8/4/09 Edit 15b mo & 2.5 W&M send for termination, proofreading PHRA (Cynth & Beth)

8/5/09 Review proofing 3.5 W&M

(Cynthia & Beth) termination, on 15b and modify PHRA (edit) & file

8/6/09 Work on post- 4.2 Entry of trial Mo. judgment,

W&M termination, PHRA

Edit, File Post termination, trial mo PHRA

8/16/09 Draft memo with 10.8 Entry of

CP & BM judgment,

W&M termination, PHRA

8/10/09 Final review & 2.1 W&M

8/17/09 Edit memo & 12.0 Entry of research law judgment,

W&M termination, PHRA

8/19/09 Review Ct 9.4 Entry of transcripts, edit judgment, MOL, send draft W&M to clients termination,

PHRA

8/20/09 Clerks office to 3.5 Entry of see file re: judgment, minutes & ev Ct W&M wants about PAHRA termination,

PHRA

8/20/09 Confer with 2.5 Entry of clients & staff judgment, re: MOL, 1997 W&M PAHRA Amd case termination,

PHRA

8/21/09 BM to Clerk ofc 0.5 W&M review file - termination, receive status PHRA report

8/21/09 Praecipe, re: 0.6 W&M

Pending amd mo - termination, no opp by city PHRA

8/21/09 Review client 8.7 Entry of suggs, edit, ret judgment, to clients for W&M proof by CP & BM termination,

PHRA

8/22/09 Review file, 12.9 Entry of docket & court judgment, transcripts, edit W&M memo termination,

PHRA

8/23/09 Client conf re: 0.7 Entry of

MOL to be filed judgment, 8/24 W&M termination, PHRA

8/24/09 Edit Prof back, 6.1 Entry of review edit on judgment, Memo, conform to W&M PDF & file termination,

PHRA

8/24/09 City opp to Amd 0.4 Entry of

(city) & City judgment, posttrial MOL in W&M ECF - send to termination, clients PHRA

8/25/09 Prepare & file 0.8 Entry of

NOA & Amended judgment, Notice of Appeal W&M termination, PHRA

8/25/09 ECF in from 0.1 Entry of

Clerk, Re: Notice judgment, of Appeal W&M termination, PHRA

9/23/09 Opening papers, 1.6 Entry of

3c. prepare judgment, issues & opening W&M papers termination,

PHRA

9/28/09 ECF Mess in from 0.1 Entry of clerk, re: Appeal judgment, docket, review W&M termination, PHRA

10/7/09 Prepare 0.2 Entry of

Transcript Order judgment, form W&M termination, PHRA

12/09 Stay Appeal Order 0.1 Entry of review & inform judgment, client W&M termination, PHRA

1/28/10 ECF in re: Stay 0.1 Entry of appeal order from judgment, 3c W&M termination, PHRA

1/28/10 Advise client of 0.3 Entry of stay order judgment,

W&M termination, PHRA

7/23/10 2nd Amended 0.3 Entry of

Notice of Appeal judgment, prepared & filed W&M termination, PHRA

8/30/09 Briefing schedule 0.3 Entry of (Appeal) in, review & judgment, inform clients W&M termination, PHRA

9/19/09 Read DC Decision 6.9 Entry of (Appeal) on PT motoins; judgment, read City's PT W&M Motion termination,

PHRA

9/20/09 Electronic Legal 4.2 Entry of (Appeal) Research of law, judgment, current status, W&M review Court's termination, law PHRA

9/21/09 Conform Form of 3.6 Entry of (Appeal) Brief - per ct judgment, rule - create W&M brief outline termination,

PHRA

9/21/09 Draft Brief 12.6 Entry of (Appeal) judgment,

W&M termination, PHRA

9/26/09 Redline back from 2.1 Entry of (Appeal) Beth, review judgment,

W&M termination, PHRA

10/1/09 Edit Draft/Brief 7.8 Entry of (Appeal) judgment,

W&M termination, PHRA

10/7/09 Opening papers, 1.2 Entry of (Appeal) prepared, judgment,

Marshall orders, W&M Decl. done & termination, papers filed PHRA

10/15/09 Marshall Joint 4.8 Entry of (Appeal) Appendix judgment, documents W&M termination, PHRA

10/16/09 Continue Marshall 3.5 Entry of (Appeal) documents judgment,

W&M termination, PHRA

10/19/09 Organize Joint 5.9 Entry of (Appeal) Appendix for judgment, numbering W&M termination, PHRA

10/20/09 Prepare cover & 2.6 Entry of (Appeal) index for joint judgment, appendix, conform W&M master JA termination,

PHRA

10/22/09 Joint Appendix to 0.8 Entry of (Appeal) printer judgment,

W&M termination, PHRA

10/27/09 Edit draft 5.6 Entry of (Appeal) judgment,

W&M termination, PHRA

11/1/09 Brief work, draft 12.6 Entry of (Appeal) judgment,

W&M termination, PHRA

11/3/09 Brief work draft 9.0 Entry of (Appeal) judgment,

W&M termination, PHRA

11/4/09 Brief work draft 10.4 Entry of (Appeal) judgment,

W&M termination, PHRA

11/7/09 Edit draft 3.4 Entry of (Appeal) judgment,

W&M termination, PHRA

11/8/09 Edit Brief & send 6.7 Entry of (Appeal) to Alice judgment,

W&M termination, PHRA

11/10/09 Return from 2.3 Entry of (Appeal) Alice, review judgment,

Edits & add W&M termination, PHRA

11/10/09 Brief to proofer 0.1 Entry of (Appeal) judgment,

W&M termination, PHRA

11/11/09 Review 1.7 Entry of (Appeal) proofs/edit judgment,

W&M termination, PHRA

11/11/09 Check current 2.0 Entry of (Appeal) law, print sign judgment,

W&M termination, PHRA

11/11/09 Brief to 0.9 Entry of (Appeal) printer/binder judgment,

W&M termination, PHRA

11/12/09 Review brief 2.1 Entry of (Appeal) back, prepare judgment, electronic brief W&M termination, PHRA

11/12/09 Scan JA 4.2 Entry of (Appeal) judgment,

W&M termination, PHRA

11/12/09 Electronic 0.9 Entry of (Appeal) filings brief & judgment, appendix, service W&M to brief on Ct. & termination, City PHRA

1/6/10 Printer binding 2.7 Entry of (Appeal) cost reprint Vol judgment,

5- deliver by W&M hand termination,

PHRA

2/1/11 Outline for 1.7 Entry of (Appeal) issues & Reply judgment,

Brief (step 3 W&M brief) termination,

PHRA

2/1/11 Draft step three 4.1 x Entry of (Appeal) brief .5 = judgment,

2.05 W&M termination, PHRA

2/2/11 Draft step three 3.2 x Entry of (Appeal) brief .5 = judgment,

1.6 W&M termination, PHRA

2/3/11 Draft work on 2.7 x Entry of (Appeal) step three brief .5 = judgment,

1.35 W&M termination, PHRA

2/7/11 Edit draft step 8.4 x Entry of (Appeal) three .5 = judgment,

4.2 W&M termination, PHRA

2/7/11 Sent step three 0.2 x Entry of (Appeal) brief for .5 = judgment, proofing 0.1 W&M termination, PHRA

2/10/11 Proof back, 0.4 x Entry of review .5 = judgment,

0.2 W&M termination, PHRA

2/10/11 Edit, check law, 1.4 x Entry of (Appeal) printsign, send .5 = judgment, to printers 0.7 W&M termination, PHRA

2/12/11 Conform step 0.7 x Entry of (Appeal) three, PDF, file .5 = judgment, step 3 brief 0.35 W&M termination, PHRA

7/9/11 Prep for argument 4.6 x Entry of (Appeal) .5 = judgment,

2.8 W&M termination, PHRA

7/10/11 Prep for argument 2.3 x Entry of (Appeal) .5 = judgment,

1.15 W&M termination, PHRA

7/11/11 Argument portal 6.3 x Entry of (Appeal) to portal cost - .5 = judgment,

Train $11.50 3.15 W&M termination, PHRA

8/17/11 Decision 0.6 x Entry of (Appeal) .5 = judgment,

0.3 W&M termination, PHRA

8/17/11 Client call on 0.4 x Entry of (Appeal) decision .5 = judgment,

0.2 W&M termination, PHRA

8/17/11 Send form of 0.2 Entry of (Appeal) rehearing to judgment, client W&M termination, PHRA

9/7/11 Edit Rehearing 1.4 Entry of (Appeal) Petition, conform judgment, add law & file W&M termination, PHRA

9/14/11 Decision in on 0.2 Entry of (Appeal) rehearing, inform judgment, clients W&M termination, PHRA

9/21/11 Mandate/Judgment 0.1 Entry of (Appeal) in judgment,

W&M termination, PHRA

Total Time 414.26 Excised as Unsuccessful

2. Adjustments for unnecessary or excessive work

The Supreme Court has instructed that it is proper to exclude from the lodestar calculation all hours that were not "reasonably expended." Hensley, 461 U.S. at 434, quoting S. Rep. No. 94-1011, p. 6 (1976). These include hours that are "excessive, redundant, or otherwise unnecessary." Hensley, 461 U.S. at 434. See also, McKenna v. City of Philadelphia, 582 F.3d 447, 455 (3d Cir. 2009) ("Hensley instructs that courts are to exclude from the determination of the lodestar any hours not reasonably expended. Hours subject to exclusion under Hensley include those deemed excessive, redundant, or otherwise unnecessary." (internal citations and quotations omitted)). Here, the Court finds that several of Puricelli's time entries reflect hours that are excessive or redundant.

The plaintiff filed numerous motions for reconsideration that essentially tried to re-litigate settled issues, such as the judgments limiting the jury award. As noted in the Appendix, such time entries are excised on both the grounds that they were excessive and because they were unsuccessful.

The plaintiffs also brought a series of frivolous motions during the case. Examples of such motions include ones that alleged misconduct by the City without any basis and others that quoted a seemingly random IRS employees to make a misguided point about the City's pursuit of tax information for Mr. Carnation. The City already spent time responding to these unnecessary motions and should not now be responsible for compensating Puricelli for the hours he spent working on them. Accordingly, the Court excises those time entries as excessive and redundant. Finally, the Court recognizes that the pro se plaintiffs dispute a handful of Puricelli's entries where he billed time for things like client meetings the plaintiffs contend did not occur. Although the Court appreciates the pro se plaintiffs' views, the Court accepts Puricelli's entries as reflecting time he actually worked unless there is a discrepancy with court records. Entries with such discrepancies, which include entries dated before the case was remanded to this Court and time entries related to a court conference that was not scheduled, will be excised by the Court as excessive.

The following table lists the entries the Court excises as for being excessive. The entries listed in italics are also excluded on the basis that the work related to claims that were unsuccessful.

Time Excised as Excessive

Date of Description Time Comments Service Claimed

8/11/06 Client WM 4.8 Pre-remand, conferences not atty

8/11/06 Meet w/Ted 1.6 Pre-remand,

Kravitz not atty (partner) re case in

8/12/06 Review Doc 12.9 Pre-remand, not atty

8/13/06 Review Doc 10.7 Pre-remand, not atty

8/14/06 Review Doc 10.1 Pre-remand, not atty

8/15/06 Review Doc 8.3 Pre-remand, not atty

8/16/06 Review Doc 4.1 Pre-remand, not atty

8/18/06 Meet w/TMK 2.5 Pre-remand, re review of not atty doc

8/19/06 Meet 5.3 Pre-remand, w/Michael not atty McKenna

8/19/06 Meet TMK re: 3.7 Pre-remand,

2d client, not atty pos conflict a trial issues

8/19/06 Review Doc 14.8 Pre-remand, not atty

8/20/06 Review Doc 9.7 Pre-remand, not atty

8/24/06 Review Doc 8.2 Pre-remand, not atty

8/25/06 Review Doc 11.4 Pre-remand, not atty

8/26/06 Meet w/Ray 4.9 Pre-remand,

Carnation not atty

8/27/06 Review Doc 5.8 Pre-remand, not atty

8/28/06 Review Doc 6.6 Pre-remand, not atty

8/29/06 Review 3rd 1.2 Pre-remand,

Cir decision not atty memorandum

9/11/06 Prep 0.3 Different subpoena lawsuit paperwork

12/2/07 Draft 2nd 2.3 Multiple

Motion for reconsid. reconsiderat requests ion

12/3/07 Send draft 0.2 Multiple mo to client reconsid. for review & requests input

12/3/07 Send 2nd 0.1 Multiple motion to reconsid. TMK for requests review

12/4/07 Mtg w/client 0.5 Multiple

& TMK re: reconsid. reviews for requests

2nd mo reonsiderati on

12/5/07 Edit 0.7 Multiple reconsiderat reconsid. ion motion requests

12/7/07 Conform mo 0.2 Multiple to PDF & reconsid. File ECF 2nd requests mo for reconsiderat ion

12/12/07 Order in re: 0.3 Multiple

2nd mo reconsid. reconsiderat requests ion, review & send to clients & TMK

12/13/07 Post mtg 1.4 Excessive/ w/clients in unnecessary office re: conf call & mandamus

12/13/07 Legal 6.1 Excessive/ research re: unnecessary mandamus & draft Mandamus petition

12/14/07 Draft 10.5 Excessive/ mandamus unnecessary petition, send to clients

12/15/07 Client input 2.3 Excessive/ on mandamus unnecessary received, edit petition

12/16/07 Meet w/TMK 0.3 Excessive/ re: edits unnecessary for mandamus

12/17/07 Marshall 1.6 Excessive/ exhibits for unnecessary Pet mandamus

12/19/07 Pet mandamus 0.3 Excessive/ to clients unnecessary for review

12/20/07 Edit, copy & 2.5 Excessive/ file 3rd Cir. unnecessary for mandamus

1/29/08 Mandamus 0.3 Excessive/ decision unnecessary denied; advise clients

2/23/08 Prepare for 1.9 Docket shows final pretr. no conf. conf.

2/24/08 Final 5.3 Docket shows pretrial no conf. conf.

5/1/08 Prep tird 1.7 Multiple

[sic] mo reconsid. limine requests

5/1/08 Send 3rd 0.2 Multiple limine to reconsid. clients & requests TMK & AO for review

5/1/08 Meet w/TMK & 0.3 Multiple

AO re: 3rd reconsid. limine requests motion

5/1/08 Edits to 3rd 0.6 Multiple

Limine Mo reconsid. requests

5/4/08 Edits to 3rd 0.6 Multiple

Limine Mo reconsid. requests

5/22/08 Email WM re: 0.01 Multiple amd mo for reconsid. sick chk requests

5/22/08 Draft mo to 4.5 Multiple amend add reconsid. term for WM requests

5/22/08 Conf 0.3 Multiple w/client & reconsid. TMK for requests review on mo and recon

5/22/08 Make changes 0.8 Multiple to mo amd reconsid. recon requests

5/22/08 Conform 0.3 Multiple drafts (mos reconsid. & mols) to requests PDF & file

7/10/08 Draft 6.9 Unnecessary,

Motion, frivolous Declarations (IRS discovery issues)

7/10/08 Tx from 0.4 Unnecessary,

RC&WM & frivolous email from (IRS CP re IRS discovery visit issues)

7/11/08 Meet w/RC 1.2 Unnecessary, re: IRS frivolous visit & Dec (IRS discovery issues)

7/12/08 Edit Motion 6.9 Unnecessary,

& Draft MOL frivolous

(IRS discovery issues)

7/13/08 Review edit 0.4 Unnecessary, by clients, frivolous TMK & CP (IRS edit MOL, MO discovery issues)

7/13/08 Conduct 4.4 Unnecessary, legal frivolous research & (IRS edit MO discovery issues)

7/14/08 Final review 2.8 Unnecessary, & edit of frivolous MO, MOL & (IRS conform discovery Exhibits issues)

7/14/08 File MO, MOL 0.2 Unnecessary, & exhs, ECF frivolous Receipt to (IRS file discovery issues)

7/14/08 Dec from WM 0.3 Unnecessary,

McK frivolous

(IRS discovery issues)

7/31/08 Mo for 0.7 Unnecessary, sanction frivolous from City, (IRS review discovery issues)

7/31/08 Call each 0.8 Unnecessary, client frivolous advised each (IRS of sanction discovery discuss issues) w/each

7/31/08 Check law, 0.7 Unnecessary, legal frivolous research, & (IRS draft Reply discovery to Response issues)

8/13/08 Legal 0.2 Unnecessary,

Research frivolous (assign AO) (IRS discovery issues)

8/13/08 Legal 3.5 Unnecessary, research by frivolous AO (IRS discovery issues)

8/14/08 Conf AO re 0.2 Unnecessary, legal frivolous research (IRS result & discovery assign draft issues) reply

8/15/08 Review 1.3 Unnecessary, draft, frivolous forward to (IRS clerk for discovery proofing issues)

8/16/08 Review edits 0.5 Unnecessary, by clerk CP frivolous

(IRS discovery issues)

8/16/08 AO final 2.3 Unnecessary, write frivolous

(IRS discovery issues)

8/16/08 Meet w/AO, 0.2 Unnecessary, assign final frivolous write for (IRS reply discovery issues)

8/17/08 Review final 1.1 Unnecessary, write, frivolous conform & (IRS file discovery issues)

8/22/08 ECF in from 0.7 Unnecessary,

City re: frivolous response to (IRS Reply, discovery review issues)

8/22/08 Meet w/AO 0.4 Unnecessary, re: reply by frivolous City, call (IRS clients & discovery email copies issues)

10/27/08 Prep & send 0.3 Unnecessary, request frivolous conference (IRS made to ct discovery issues)

10/28/08 Mo for 8.8 Multiple sanction, reconsid. opp requests discovery & City mo to dz RC claim

10/29/08 Edit mo 3.4 Multiple reply, send reconsid. to clerk CP requests for proofing

10/30/08 Review edits 0.3 Multiple

& proof reconsid. requests

10/31/08 Final edit & 0.5 Multiple review, reconsid. conform & requests file Response

11/7/08 City reply 0.3 Unnecessary, brief to frivolous Pltf mo (IRS discovery & discovery sanction, issues) reviewed

11/7/08 Email reply 0.1 Unnecessary, city reply frivolous to clients (IRS discovery issues)

11/8/08 Discuss city 1.3 Unnecessary, reply w/all frivolous clients (IRS discovery issues)

11/8/08 Discuss City 0.2 Unnecessary, reply w/AO frivolous re: check (IRS law discovery issues)

11/8/08 AO legal 1.2 Unnecessary, research frivolous

(IRS discovery issues)

11/9/08 Meet w/AO 0.3 Unnecessary, re: research frivolous result (IRS discovery issues)

11/9/08 Assign memo 0.2 Unnecessary, re sanction frivolous discovery, (IRS etc. discovery issues)

11/11/08 Memo to CP 0.1 Unnecessary, for proofing frivolous re discovery (IRS issue discovery issues)

11/12/08 Review edits 0.7 Unnecessary, & proofing, frivolous conform & (IRS file discovery issues)

11/17/08 City 0.5 Unnecessary, response to frivolous Pltf (IRS filings, discovery review issues)

11/17/08 Meet w/AO re 0.8 Unnecessary, reply, email frivolous reply to (IRS clients & discovery discuss issues) w/all clients

11/17/08 Assign reply 0.1 Unnecessary,

MOL to AO frivolous

(IRS discovery issues)

11/18/08 Review AO 0.4 Unnecessary, reply MOL & frivolous send to CP (IRS for proofing discovery issues)

11/19/08 Review edits 0.2 Unnecessary, & proofing frivolous

(IRS discovery issues)

11/19/08 Assign AO to 0.1 Unnecessary, edits for frivolous mol (IRS discovery issues)

11/20/08 Review 0.2 Unnecessary, edits, frivolous conform & (IRS file discovery issues)

2/19/09 Review 0.5 Multiple

2/25/01 reconsid. transcript requests on term issue in WMMC

2/20/09 Legal 2.3 Multiple research re: reconsid. term amend & requests prej/delay issues to facts here

7/30/09 Drfat sur 6.8 Unnecessary, reply, send frivolous to proof (unauthorized reader surreply)

7/31/09 Work on sur 3.6 Unnecessary, reply frivolous

(unauthorized surreply)

7/31/09 Complete 3.5 Unnecessary, work of frivolous surreply, (unauthorized reconsider & surreply) reuse [sic] motion

8/2/09 Leg res re 3.2 Multiple

15B Mot & reconsid. More Time requests for PT MOL

8/3/09 Start 15B 6.8 Multiple motion reconsid. requests

8/4/09 Edit Mo 15B 9.7 Multiple reconsid. requests

8/4/09 Edit 15b mo 2.5 Multiple & send for reconsid. proofing requests (Cynth & Beth)

8/5/09 Review 3.5 Multiple proofing reconsid. (Cynthia & requests Beth) on 15b & modify (edit) & file

9/18/09 Prepare 2.6 Unnecessary, draft frivolous response to (motion to City reply strike reply brief)

9/18/09 Draft to 0.1 Unnecessary, proofer frivolous

(motion to strike reply brief)

9/23/09 Draft back, 0.2 Unnecessary, review frivolous

(motion to strike reply brief)

9/24/09 Final edit & 0.6 Unnecessary, review of frivolous Response to (motion to City Reply, strike reply conform to brief)

PDF & file

4/15/10 ECF in: Clk 0.2 Unknown notice, arg reference 6-2

5/13/10 ECF in Clerk 0.1 Unknown notice - reference argument 6/2

5/13/10 ECF notice 0.4 Unknown in from City reference EE, unavailable, advise clients

5/14/10 Ltr to ct, 1.1 Unknown objection to reference moving argument

12/6/10 Printer 2.7 Result of BP (Appeal) binding cost error reprint Vol 5, deliver by hand

10/13/11 ECF in pro 0.3 Attorney and se pet for client hearing internal dispute

10/13/11 Prepare 0.3 Attorney and supple client status internal report dispute

10/14/11 Review Supp 0.2 Attorney and

Status client report, internal conform & dispute file

10/14/11 ECF in City 0.1 Attorney and

Suppl Status client report, read internal dispute

10/19/11 ECF in pro 0.1 Attorney and se supple client status internal dispute

10/19/11 Prepare, 0.5 Attorney and edit, client conform & internal file reply dispute to city status report

10/25/11 Order in, 0.1 Attorney and read re: pro client se have ECF internal access/use dispute

Total Time 281.11 Considered Excessive

Total 200.1 Incremental Time Excised

3. Appropriate hourly rate

In his Supplemental Fee Petition, Puricelli wrote that his billing rate is $450 an hour for all work, but calculated his fee request using different rates for trial and non-trial time in his accompanying spreadsheet. The City in its response argued that Puricelli's fee should be calculated using three different rates depending on the type of work performed and that time spent on clerical work should not be compensated at all.

Third Circuit case law supports the application of different rates for the same attorney to account for the completion of different types of tasks. See Lindy Bros. Builders, Inc. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161, 167 (3d Cir.1973) ("[T]he court may find that the reasonable rate of compensation [for an attorney] differs for different activities."); In re Fine Paper Antitrust Litig., 751 F.2d 562, 591--93 (3d Cir.1984) (awarding associates' rates for tasks performed by partners but which were typically performed by associates or paralegals); Ursic v. Bethlehem Mines, 719 F.2d 670, 677 (3d Cir.1983) ("Michelangelo should not charge Sistine Chapel rates for painting a farmer's barn.").

Here, the Court applies a rate of $450 per hour for Puricelli's trial time and $350 per hour for non-trial time. Puricelli's rate of $450 per hour was supported in a declaration by Alice Ballard, who noted that she practices in the field, had reviewed the relevant documents in the case, and concluded that $450 per hour was appropriate and consistent with the market rate.*fn8

These rates are also largely in line with what other courts have awarded to Puricelli. See Bucceroni v. City of Philadelphia, 2006 U.S. Dist. LEXIS 85559 at *13-15 (E.D. Pa. Nov. 27, 2006), (Judge Sanchez awarded Mr. Puricelli $400 per hour solely for trial-related time, $300 per hour for all but work which the Court deemed should have been performed by a paralegal or junior associate, and $100 per hour for such work); McKenna v. City of Philadelphia, 2008 WL 4435939 at *10 (E.D. Pa. Sept. 30, 2008) aff'd, 582 F.3d 447 (3d Cir. 2009) ("I conclude that the following hourly rates, alternatively requested by counsel, are appropriate: for Mr. Puricelli, $400 an hour for work in court and $300 an hour for trial-preparation work . . . Those rates are suitable for Mr. Puricelli's trial work and his work as a lawyer, but $150 per hour, as awarded by Judge Hart, is the proper rate for his clerical work, waiting time, and for Mr. Kravitz's clerical work.").

4. Computation of Award

After excising the time entries for claims that were unsuccessful and work that was excessive from Puricelli's fee petition, the Court finds that Puricelli reported 83.45 hours of allowable trial time and 954.2 hours of allowable non-trial time.

Applying the hourly rates of $450/hour for trial work and $350/hour for non-trial work to these totals yields a total award of $371,522.50.

The Appendix that accompanies this memorandum shows the Court's conclusion on each of Puricelli's time entries and provides greater detail on the calculation of the award.

Puricelli requested a three times multiplier because he represented three plaintiffs, but cited no statute or case law to support that request. The Court finds no basis to award Puricelli treble fees for representing three plaintiffs.

Puricelli's request for treble fees could be interpreted as an enhancement above the lodestar calculation for the quality of his representation. Such quality enhancements are only to be awarded in "rare" and "exceptional" circumstances. Perdue v. Kenny A. ex rel. Winn, 130 S. Ct. 1662, 1667 (2010).

Indeed, the Supreme Court has instructed that there is a "strong presumption" that the lodestar figure is sufficient. City of Burlington v. Dague, 505 U.S. 557, 562 (1992).

Here, the Court finds that were no circumstances present to justify a quality or performance enhancement for Puricelli or any of the other plaintiff attorneys. Likewise, the Court declines to award any delay damages because the Supreme Court has stressed that an attorney seeking compensation through fee-shifting "presumably understands that payment of fees will generally not come until the end of the case" and that delays are considered in setting the attorney's hourly rate. Perdue at 1675.

IV. Conclusion

The Court denies the fee requests of Beth McKenna and Cynthia Palamone-McKenna and awards Theodore Kravitz $15,900, Annette Oakley $24,050, and Brian Puricelli $371,522.50 in attorney's fees.

Because of the rift between the attorneys and the pro se plaintiffs as well as disputes among the three attorneys, and because the Court ordered the judgment to be paid to the plaintiffs directly, the Court will direct the City to pay the above amounts to each of the attorneys directly.

An appropriate order follows.

AppendiX

(Hours) Hours Allowable Fee

8/11/2006 Client WM conferences 4.80 NT N Y 0 $350 $0.00 8/11/2006 Meet w/ Ted 1.60 NT N Y 0 $350 $0.00

Delete as Delete as Hourly

Time

Date

Allowable

Description Type Unsuccessful? Unnecessary? Rate for

Appeal

Y/N Y/N Type

Kravitz(TMK) re: case 8/12/2003 Review doc 12.90 NT N Y 0 $350 $0.00 8/13/2006 Review doc 10.70 NT N Y 0 $350 $0.00 8/14/2006 Review doc 10.10 NT N Y 0 $350 $0.00 8/15/2006 Review doc 8.30 NT N Y 0 $350 $0.00 8/16/2006 Review doc 4.10 NT N Y 0 $350 $0.00 8/18/2006 Meet w/TMK review doc 2.50 NT N Y 0 $350 $0.00 8/19/2006 Meet w/ Mike McKenna 5.30 NT N Y 0 $350 $0.00 8/19/2006 Meet w/TMK pre-2nd 3.70 NT N Y 0 $350 $0.00 client, poss. trial conflict issues

8/19/2006 Review doc 14.80 NT N Y 0 $350 $0.00 8/20/2006 Review doc 9.70 NT N Y 0 $350 $0.00 8/24/2006 Review doc 8.20 NT N Y 0 $350 $0.00 8/25/2006 Review doc 11.40 NT N Y 0 $350 $0.00 8/26/2006 Meet w/Ray Carnation 4.90 NT N Y 0 $350 $0.00 8/27/2006 Review doc 5.80 NT N Y 0 $350 $0.00 8/28/2006 Review doc 6.60 NT N Y 0 $350 $0.00 8/29/2006 Review 3rd Cir. decision 1.20 NT N Y 0 $350 $0.00 memorandum

9/2/2006 Meet w/ TMK re: case 2.30 NT N N 2.3 $350 $805.00 needs, costs, strategy

9/3/2006 Prep & enter app w/trial ct. 0.20 NT N N 0.2 $350 $70.00

AppendiX

(Hours) Allowable Fee

9/3/2006 Speak w/WM re: case 0.30 NT N N 0.3 $350 $105.00 direction apr filed

9/3/2006 Speak w/Andy Erba re: 0.30 NT N N 0.3 $350 $105.00 prior rep of C Palamore & witnesses

9/8/2006 Meet w/ WM & RC re: 3.50 NT N N 3.5 $350 $1,225.00 records & evdc needed

9/8/2006 Speak w/MM re: records & 1.20 NT N N 1.2 $350 $420.00 evdc needed

9/9/2006 Client conf: rec review, 14.30 NT N N 14.30 $350 $5,005.00 case strategy, video tapes

9/11/2006 Investigation-speak 1.20 NT N N 1.2 $350 $420.00 w/witness M. Thompson

9/11/2006 Investigation-potential 0.70 NT N N 0.7 $350 $245.00 witness John Devore

9/11/2006 Conf w/MM re:medical 3.50 NT N N 3.5 $350 $1,225.00 evdc needed, prior agency matters

9/11/2006 Prep subp for work records 0.30 NT N Y 0 $350 $0.00

Delete as

Time Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

Appeal

Delete as Hourly

Y/N Y/N Hours Type

9/12/2006 Records Marshall & 10.40 NT N N 10.4 $350 $3,640.00 review MM agency recs

9/13/2006 Contact & ltr atty Borjeson 0.30 NT N N 0.3 $350 $105.00

Re:RC wc rec 9/13/2006 Contact A.Erba re: recs, 0.30 NT N N 0.3 $350 $105.00 exhibits, meetings for doc review (trial prep)

AppendiX

Allowable Fee Y/N Type

9/13/2006 Appearances for RC & 0.30 NT N N 0.3 $350 $105.00

Delete as Delete as Hourly

Time Description Type Unsuccessful? Unnecessary? Allowable Rate for

(Hours) Y/N Hours

Date

Appeal

MM prepared, filed 9/14/2006 Doc review, case file prep 12.30 NT N N 12.3 $350 $4,305.00 9/15/2006 Doc review, case file prep 10.00 NT N N 10 $350 $3,500.00 9/16/2006 Doc review, case file prep 4.00 NT N N 4 $350 $1,400.00 9/17/2006 Doc review, case file prep 9.40 NT N N 9.4 $350 $3,290.00 9/18/2006 Communication A.Erba- 4.30 NT N N 4.3 $350 $1,505.00 review, cont review of depositions

9/16/2006 Cont review of deps 4.00 NT N N 4 $350 $1,400.00 9/20/2006 Meet w/Erba to discuss 4.30 NT N N 4.3 $350 $1,505.00

Case 9/20/2006 Cont review of deps 6.70 NT N N 6.7 $350 $2,345.00 9/23/2006 Cont review of trial 5.90 NT N N 5.9 $350 $2,065.00 transcripts and deps 9/24/2006 Cont review deps & 7.80 NT N N 7.8 $350 $2,730.00 agency transcript 9/28/2006 Order in, re: tel conf on 0.20 NT N N 0.2 $350 $70.00

10/20 9/28/2006 Tel call all clients re: tel 0.40 NT N N 0.4 $350 $140.00

Conf 9/29/2006 Review all docket entries 1.90 NT N N 1.9 $350 $665.00 both cases 89 & 99 10/18/2006 Withdrawals in (ECF) 0.20 NT N N 0.2 $350 $70.00

Review 10/20/2006 Client meeting 1.20 NT N N 1.2 $350 $420.00

AppendiX

Allowable Fee Hours Type

10/20/2006 Tel conf (ct. clerk) 0.30 NT N N 0.3 $350 $105.00 re:issues & brf schl

10/20/2006 Meet w/client re:conf call 5.00 NT N N 5 $350 $1,750.00 10/21/2006 Review complaint 3rd Cir 5.70 NT N N 5.7 $350 $1,995.00 opinion & appeal papers for trial issues

10/22/2006 Client conf re: trial issues 3.50 NT N N 3.5 $350 $1,225.00 10/24/2006 Order in 2nd tel conf (ECF) 0.20 NT N N 0.2 $350 $70.00 for 12-13

10/25/2006 Appre in ECF GV 0.10 NT N N 0.1 $350 $35.00 10/25/2006 Tx to Ct clerk re: order 0.20 NT N N 0.2 $350 $70.00

Delete as Delete as

Time Hourly

Date

Appeal

Description Unsuccessful? Unnecessary? Allowable Rate for

(Hours) Type Y/N Y/N

Error 10/25/2006 Order in(amend ord) EFC 0.10 NT N N 0.1 $350 $35.00 10/31/2006 EFC-withdrawal-review 0.10 NT N N 0.1 $350 $35.00 11/5/2006 Client contacts, conf re: 3.20 NT N N 3.2 $350 $1,120.00 trial issues 11/13/2006 City brf in EFC-copy & 0.30 NT N N 0.3 $350 $105.00

Distribute 11/13/2006 Tel Erba re: City brf 0.30 NT N N 0.3 $350 $105.00 11/13/2006 Review brf, legal research 0.80 NT N N 0.8 $350 $280.00 11/14/2006 Review 3rd Cir opinion & 1.80 NT N N 1.8 $350 $630.00

Complaints 11/15/2006 Start draft reply 10.50 NT N N 10.5 $350 $3,675.00 11/16/2006 Edit reply & draft mo 4.40 NT N N 4.4 $350 $1,540.00 recon to amend 11/17/2006 Cont w/reply & mo w/amd 5.10 NT N N 5.1 $350 $1,785.00

Complaint

AppendiX

(Hours) Hours Allowable Fee

11/17/2006 Review brf, mo & 3.70 NT N N 3.7 $350 $1,295.00 complaint w/clients

11/18/2006 Edit draft w/client imput 4.70 NT N N 4.7 $350 $1,645.00 11/28/2006 Review brf, mo & 3.30 NT N N 3.3 $350 $1,155.00 complaint w/TMK 11/29/2006 Edit brf, mo & complaint 1.90 NT N N 1.9 $350 $665.00 11/30/2006 Review proposed brf, mo 1.00 NT N N 1 $350 $350.00

Delete as Delete as Hourly

Time Description Type Unsuccessful? Unnecessary? Allowable Rate for

Date

Appeal

Y/N Y/N Type

& complaint w/clients 12/1/2006 Final edit reply, convert to 0.50 NT N N 0.5 $350 $175.00

PDF & file 12/13/2006 ECF in- City reply to mo, 0.40 NT N N 0.4 $350 $140.00 copy & sent to client & TMK

12/13/2006 Reiew reply w/TMK 0.60 NT N N 0.6 $350 $210.00 12/14/2006 ECF in-appr of M. Foley 0.10 NT N N 0.1 $350 $35.00 12/14/2006 ECF in-appr of Dexter 0.10 NT N N 0.1 $350 $35.00

Hamilton 12/14/2006 Client conf re:response by 0.70 NT N N 0.7 $350 $245.00

City & appr for City 12/15/2006 Start reply to City response 3.40 NT Y N 0 $350 $0.00

12/18/2006 Edit reply 1.20 NT Y N 0 $350 $0.00 12/18/2006 Conf w/TMK re: reply 0.50 NT Y N 0 $350 $0.00 12/22/2006 Order in-re: rep parties 0.20 NT N N 0.2 $350 $70.00 12/22/2006 Call clients advise of order 0.60 NT N N 0.6 $350 $210.00

AppendiX

Allowable Fee Y/N Y/N Hours Type

12/22/2006 Edit, convert & file reply 2.10 NT Y N 0 $350 $0.00 to City response re: mo amend

12/28/2006 Client contact re:pending 0.50 NT N N 0.5 $350 $175.00 court motions & matters

1/9/2007 Client contact MM re: 0.10 NT N N 0.1 $350 $35.00 update of case

1/11/2007 Client contact BM re: 0.10 NT N N 0.1 $350 $35.00 update of case

1/19/2007 Client contact RC re: 0.10 NT N N 0.1 $350 $35.00 update of case

2/1/2007 Client contact MM re: 0.10 NT N N 0.1 $350 $35.00 update of case

2/11/2007 Client contact BM re: 0.10 NT N N 0.1 $350 $35.00 update of case

2/15/2007 Client contact RC re: 0.10 NT N N 0.1 $350 $35.00 update of case

3/22/2007 Client meeting re: trial 5.60 NT N N 5.6 $350 $1,960.00

Delete as Delete as Hourly

Time Date Unnecessar Allowable

Description Type Unsuccessful? y? Rate for

(Hours)

Appeal

Strategy 3/23/2007 Meeting w/TMK re: trial 1.40 NT N N 1.4 $350 $490.00

Strategy 3/26/2007 Meeting w/Erba re: trial 1.40 NT N N 1.4 $350 $490.00 strategy, pending mo & trial issue brf's

3/26/2007 Order in ECF re: party 0.10 NT N N 0.1 $350 $35.00 contact issue

3/26/2007 Call clients re: order in 0.40 NT N N 0.4 $350 $140.00

AppendiX

Allowable Fee Y/N Y/N Hours Type

4/1/2007 Contact clients schl conf 0.30 NT N N 0.3 $350 $105.00 4/2/2007 Meet w/TMK re:trial 0.10 NT N N 0.1 $350 $35.00 strategy conf 4/26/2007 Meet w/Erba & clients re: 3.40 NT N N 3.4 $350 $1,190.00 trial strategy, pending mo & brf's

4/26/2007 Meet w/TMK re: prior 0.60 NT N N 0.6 $350 $210.00 meets w/ Erba & clients

5/10/2007 Ph conf 0.20 NT N N 0.2 $350 $70.00 5/10/2007 Tel conf w/clients re:ph 0.30 NT N N 0.3 $350 $105.00

Delete as Delete as Hourly

Time Date Unnecessar Allowable

Description Type Unsuccessful? y? Rate for

(Hours)

Appeal

Conf 5/16/2007 Order memo in-ECF re: 0.40 NT Y N 0 $350 $0.00 mo amd-denied, copy & distribute

5/16/2007 ECF in-re:ph conf set for 5- 0.10 NT N N 0.1 $350 $35.00

10 5/16/2007 Ph conf w/clients 1.40 NT N N 1.4 $350 $490.00 re:decision & conf date 5/17/2007 Legal research & file 4.40 NT Y N 0 $350 $0.00 review for mo reconcideration/stay

5/18/2007 Draft mo recon/ omnibus 12.60 NT Y N 0 $350 $0.00

Mo 5/19/2007 Review draft stay mo & 2.30 NT Y N 0 $350 $0.00 reconsid w/TMK 5/19/2007 Send draft to clients for 0.30 NT Y N 0 $350 $0.00 review comments

AppendiX

Allowable Fee Y/N Type

5/22/2007 Client meeting 3.20 NT Y N 0 $350 $0.00 re:comments

5/22/2007 Edit motion 2.30 NT Y N 0 $350 $0.00 5/23/2007 Final edit, convert to PDF 0.50 NT Y N 0 $350 $0.00

Delete as Delete as Hourly

Appeal

Time Allowable Date Description Unsuccessful? y Rate for

(Hours) Type Unnecessar ?

Y/N Hours

& file omnibus mo 6/2/2007 Tx from BM re:update- 0.10 NT Y N 0 $350 $0.00 omnibus mo 6/3/2007 Tx from MM & RC 0.20 NT Y N 0 $350 $0.00 re:update-omnibus mo 6/11/2007 City response to omnibus 0.40 NT Y N 0 $350 $0.00 mo in ECF, copy and distribute

6/12/2007 Review response 0.50 NT Y N 0 $350 $0.00 6/12/2007 Review response w/TMK 0.30 NT Y N 0 $350 $0.00 6/12/2007 Client tel conf re: City 0.70 NT Y N 0 $350 $0.00 response & reply 6/14/2007 Draft reply & legal 2.40 NT Y N 0 $350 $0.00 research for reply 6/17/2007 Edit draft reply 3.20 NT Y N 0 $350 $0.00 6/18/2007 Send draft reply to clients 0.20 NT Y N 0 $350 $0.00

& TMK 6/19/2007 Client conf re:edits to reply 1.10 NT Y N 0 $350 $0.00

6/19/2007 Review client & TMK 0.50 NT Y N 0 $350 $0.00 changes w/TMK

6/20/2007 Final read/edit, convert & 1.30 NT Y N 0 $350 $0.00 file

AppendiX

Allowable Fee Type

7/10/2007 Client contacts re: update 0.20 NT N N 0.2 $350 $70.00 on pending motion

7/19/2007 Client contacts re: update 0.10 NT N N 0.1 $350 $35.00 on pending motion

7/20/2007 Contact RC re: update on 0.10 NT N N 0.1 $350 $35.00 pending matters

7/29/2007 Client contacts re: update 0.30 NT N N 0.3 $350 $105.00 on pending motion

8/10/2007 Client contacts re: update 0.20 NT N N 0.2 $350 $70.00 on pending motion

8/29/2007 Client contacts re: update 0.10 NT N N 0.1 $350 $35.00 on pending motion

8/29/2007 Contact RC re: update on 0.10 NT N N 0.1 $350 $35.00 pending matters

9/1/2007 Client contacts re: update 0.20 NT N N 0.2 $350 $70.00 on pending motion

9/12/2007 Client contacts re: update 0.10 NT N N 0.1 $350 $35.00 on pending motion

9/15/2007 Contact RC re: update on 0.10 NT N N 0.1 $350 $35.00 pending matters

10/10/2007 Client contacts re: update 0.20 NT N N 0.2 $350 $70.00 on pending motion

10/11/2007 Client contacts re: update 0.10 NT N N 0.1 $350 $35.00 on pending motion

10/12/2007 Contact RC re: update on 0.10 NT N N 0.1 $350 $35.00 pending matters

Delete as Delete as Hourly

Time

Unnecessar Allowable Date Description Type Unsuccessful? y? Rate for

(Hours) Y/N Y/N Hours

Appeal

AppendiX

Allowable Fee Y/N Y/N Type

11/28/2007 Order/decision in-ECF, 0.60 NT Y N 0 $350 $0.00 copy, send & review

11/28/2007 Order in re: ph conf for 12- 0.20 NT N N 0.2 $350 $70.00

Delete as Delete as Hourly

Time

Unnecessar Allowable Date Description Type Unsuccessful? y? Rate for

(Hours) Hours

Appeal

13 11/28/2007 Client meeting (ph conf) 0.80 NT N N 0.8 $350 $280.00 re: decision & strategy 12/1/2007 Client meeting, file review 4.50 NT N N 4.5 $350 $1,575.00 12/2/2007 Draft 2nd motion for 2.30 NT Y Y 0 $350 $0.00 reconsideration

12/3/2007 Send draft mo to client for 0.20 NT Y Y 0 $350 $0.00 review & imput

12/3/2007 Send 2nd mo to TMK for 0.10 NT Y Y 0 $350 $0.00 review

12/4/2007 Meeting w/client & TMK 0.50 NT Y Y 0 $350 $0.00 re:reviews for 2nd motion reconsideration

12/5/2007 Edit reconsideration 0.70 NT Y Y 0 $350 $0.00 motion

12/7/2007 Convert mo to PDF & file 0.20 NT Y Y 0 $350 $0.00

ECF 2nd mo for reconsideration

12/12/2007 Order in re:2nd mo 0.30 NT N Y 0 $350 $0.00 reconsid, review & send to clients & TMK

12/12/2007 Meet(ph conf) w/clients re: 0.50 NT N N 0.5 $350 $175.00 decision

AppendiX

(Hours) ? Rate for Allowable Fee

12/13/2007 Ph conf w/clients re: 0.30 NT N N 0.3 $350 $105.00 today's ph conf

12/13/2007 Ph conf 0.30 NT N N 0.3 $350 $105.00 12/13/2007 Meet w/clients in office re: 1.40 NT N Y 0 $350 $0.00 conf call & mandamus 12/13/2007 Legal research 6.10 NT Y Y 0 $350 $0.00 re:mandamus & draft petition

12/14/2007 Draft Mandamus pet & 10.50 NT Y Y 0 $350 $0.00 send to clients

12/14/2007 Meet w/TMK re: pretrial 1.00 NT N N 1 $350 $350.00 order, trial strategy & Mandamus

12/15/2007 Client imput on Mandamus 2.30 NT Y Y 0 $350 $0.00 received, edit pet

Delete as Delete as

Time Date Description Type Unsuccessful? Unnecessary Allowable

Appeal

Hourly

Y/N Y/N Hours Type

12/16/2007 Meet w/TMK re: edits for 0.30 NT Y Y 0 $350 $0.00

Mandamus 12/17/2007 Marshall exhibits for pet 1.60 NT Y Y 0 $350 $0.00

Mandamus 12/17/2007 Order in-ECF re: pretrial 0.30 NT N N 0.3 $350 $105.00 order & case consolidation, review & send to clients

12/19/2007 Pet Mandamus to clients 0.30 NT Y Y 0 $350 $0.00 for review

AppendiX

Allowable Fee Y/N Type

12/19/2007 File review, start to 12.90 NT N N 12.9 $350 $4,515.00 marshal trial exhibits

12/20/2007 Cont trial prep, marshal 12.00 NT N N 12 $350 $4,200.00 exhibits & review deps

12/20/2007 Edit, copy & file 3rd Cir for 2.50 NT Y Y 0 $350 $0.00 mandamus

12/22/2007 Trial prep cont, file review, 16.90 NT N N 16.9 $350 $5,915.00 dep review, jury instructions

12/26/2007 Order & clerk note (ECF) 0.20 NT N N 0.2 $350 $70.00 in, dates reset & conf transcript in

1/10/2008 Client meeting re: 0.90 NT N N 0.9 $350 $315.00 settlement

1/16/2008 Order in re: settlement 0.30 NT N N 0.3 $350 $105.00 date, review & send to clients & TMK

1/24/2008 Contact w/opp counsel re: 0.40 NT N N 0.4 $350 $140.00 joint stay motion, review & approve

1/25/2008 Joint mo filed, ECF, copy 0.30 NT N N 0.3 $350 $105.00

Delete as Delete as Hourly

Time Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

(Hours)

Appeal

Y/N Hours

& send to clients 1/26/2008 Tx contact Annett Oakley 0.50 NT N N 0.5 $350 $175.00 re: trial aid counsel, case summary discussed

AppendiX

Allowable Fee Y/N Type

1/27/2008 Meet w/AO re: case facts, 4.60 NT N N 4.6 $350 $1,610.00 procedure to date & trial strategy

1/29/2008 Order in-ECF re: joint mo 0.10 NT N N 0.1 $350 $35.00 granted

1/29/2008 Tx clients& AO re: stay 0.40 NT N N 0.4 $350 $140.00 granted

1/29/2008 Mandamus decision 0.30 NT Y Y 0 $350 $0.00 denied, advise clients

1/31/2008 Client conf re: trial & 1.30 NT N N 1.3 $350 $455.00 scheduling trial prep

2/4/2008 ECF order in- amd pretrial 0.30 NT N N 0.3 $350 $105.00 order, review & send to clients, AO

2/23/2008 Prep for final pretrial conf 1.90 NT N Y 0 $350 $0.00 2/24/2008 Final pretrial conf 5.30 NT N Y 0 $350 $0.00 2/25/2008 Prep for trial, meet 6.90 NT N N 6.9 $350 $2,415.00 w/clients, marshal exhibits 2/26/2008 Pretrial prep, cont marshal 3.30 NT N N 3.3 $350 $1,155.00 exhibits 3/16/2008 Meet w/clients & AO re: 6.70 NT N N 6.7 $350 $2,345.00 trial matters, review file, deps & agency transcripts

3/30/2008 Meet w/TMK re: 8.90 NT N N 8.9 $350 $3,115.00 coordinate w/AO & trial witness & subp issuance

Appeal

Delete as Delete as Hourly

Time Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

(Hours) Y/N Hours

AppendiX

Allowable Fee Y/N Type

4/5/2008 Client meeting, witness for 12.50 NT N N 12.5 $350 $4,375.00 trial & trial exhibits

4/6/2008 Client trial prep their 9.70 NT N N 9.7 $350 $3,395.00 testimony & trial exhibit books

4/7/2008 Review case file for 4.50 NT N N 4.5 $350 $1,575.00 exhibits, witnesses, defendant testimony

4/10/2008 Edit pretrial memo 2.10 NT N N 2.1 $350 $735.00 4/11/2008 Cont work on pretrial 4.40 NT N N 4.4 $350 $1,540.00 memo 4/12/2008 Client pret, trial testimony 11.70 NT N N 11.7 $350 $4,095.00

Delete as Delete as Hourly

Time Date Description Type Unsuccessful? Unnecessary? Allowable Rate for

(Hours) Y/N Hours

Appeal

& document use 4/12/2008 Pretrial memo, mod jury 2.20 NT N N 2.2 $350 $770.00 instructions, edit pretrial memo

4/13/2008 Client prep, documents & 16.50 NT N N 16.5 $350 $5,775.00 witnesses needed for trial

4/14/2008 Interview trial witness, 3.60 NT N N 3.6 $350 $1,260.00 phila (aultman)

4/15/2008 Edit pretrial memo, cont 4.20 NT N N 4.2 $350 $1,470.00 work, witness & exhibit lists

4/15/2008 Trial prep review agency 12.30 NT N N 12.3 $350 $4,305.00 transcripts

AppendiX

Allowable Fee Y/N Type

4/16/2008 Draft pretrial to clients for 0.30 NT N N 0.3 $350 $105.00 review of exhibits & witnesses

4/16/2008 Trial prep-review agency 16.00 NT N N 16 $350 $5,600.00 transcripts, deps & papers

4/17/2008 Tx w/& meet GV re: 3.50 NT N N 3.5 $350 $1,225.00 pretrial memo

4/17/2008 Trial witness interviews 5.60 NT N N 5.6 $350 $1,960.00 4/17/2008 Trial prep, review deps 6.00 NT N N 6 $350 $2,100.00 4/18/2008 Trial witness interviews 5.60 NT N N 5.6 $350 $1,960.00 4/18/2008 Draft mo in limine & 7.50 NT N N 7.5 $350 $2,625.00 review deps, doc & transcripts

4/18/2008 Client review mo in limine 0.40 NT N N 0.4 $350 $140.00 4/19/2008 Meet w/TMK re: mo in 0.20 NT N N 0.2 $350 $70.00 limine review 4/19/2008 Legal research motion in 1.20 NT N N 1.2 $350 $420.00 limine 4/19/2008 Client conf, prep fpr trial, 5.80 NT N N 5.8 $350 $2,030.00 client doc use w/clients, AO

4/20/2008 Edit motion in limine 1.90 NT N N 1.9 $350 $665.00 4/20/2008 Cont trial prep of client 7.80 NT N N 7.8 $350 $2,730.00 testimony w/clients & AO 4/21/2008 Final edit, convert & file 4.30 NT N N 4.3 $350 $1,505.00 mo in limine 4/21/2008 Interview ptlf trial witness 1.30 NT N N 1.3 $350 $455.00

Delete as Delete as Hourly

Time Description Type Unsuccessful? Unnecessary? Allowable Rate for

(Hours) Y/N Hours

Date

Appeal

AppendiX

(Hours) Type ? Rate for Allowable Fee

4/23/2008 Prep for final pretrial conf 1.90 NT N N 1.9 $350 $665.00 4/24/2008 Final pretrial conf, met 5.30 NT N N 5.3 $350 $1,855.00 clients post-conf 4/24/2008 Review City response to 0.90 NT N N 0.9 $350 $315.00 mo limine 4/25/2008 Order in-ECF, review 0.10 NT N N 0.1 $350 $35.00 correct docket 4/25/2008 Client contact re: order 0.60 NT N N 0.6 $350 $210.00 changing docket 4/25/2008 Prep 2nd mo limine, prep 12.70 NT N N 12.7 $350 $4,445.00 void dir, jury instr verdict sheet

4/26/2008 Pretrial prep, cont client 18.30 NT N N 18.3 $350 $6,405.00 prep, review def exhibits for trial book

4/27/2008 Client prep, review def 12.70 NT N N 12.7 $350 $4,445.00 trial exhibits, prep mo

4/28/2008 Trial prep, review def trial 4.50 NT N N 4.5 $350 $1,575.00 exhibits

4/29/2008 Trial prep, review def trial 4.50 NT N N 4.5 $350 $1,575.00 exhibits

4/29/2008 Review City response to 0.90 NT N N 0.9 $350 $315.00 mo in limine ECF

4/29/2008 Send City response to 1.30 NT N N 1.3 $350 $455.00 client, TMK & AO, review with all

Delete as Delete as Hourly

Time Allowable Date Description Unsuccessful? Unnecessary

Appeal

Y/N Y/N Hours Type

AppendiX

Allowable Fee Y/N Y/N Hours Type

4/30/2008 Review City proposed VD 0.20 NT N N 0.2 $350 $70.00

(ECF) sent to AO & TMK

Delete as Delete as Hourly

Time

Unnecessar Allowable Date Description Type Unsuccessful? y? Rate for

(Hours)

Appeal

4/30/2008 Order in(ECF) re: mo 0.30 NT N N 0.3 $350 $105.00 limine

4/30/2008 Tx w/client re:limine 0.60 NT N N 0.6 $350 $210.00 decision

4/30/2008 Tx w/ TMK & AO re: 0.50 NT N N 0.5 $350 $175.00 limine decision

4/30/2008 Pre notice, send for review 1.90 NT N N 1.9 $350 $665.00 by clients, TMK & AO

5/1/2008 Meet w/TMK & AO re: 0.50 NT N N 0.5 $350 $175.00 notice

5/1/2008 Ordin in trial issues 0.60 NT N N 0.6 $350 $210.00 5/1/2008 Order in re:evid ruling 0.30 NT N N 0.3 $350 $105.00 5/1/2008 Tx w/clients, meet w/TMK 2.30 NT N N 2.3 $350 $805.00

& AO re; orders in 5/1/08

5/1/2008 Prep 3rd mo limine 1.70 NT Y Y 0 $350 $0.00 5/1/2008 Send 3rd limine to clients, 0.20 NT Y Y 0 $350 $0.00

TMK & AO to review`

5/1/2008 Meet w/TMK & AO re: 3rd 0.30 NT Y Y 0 $350 $0.00 limine mo

5/1/2008 Edits to 3rd limine mo 0.60 NT Y Y 0 $350 $0.00

AppendiX

(Hours) Hours Allowable Fee

5/2/2008 Conf w/TMK & AO re: 8.50 NT N N 8.5 $350 $2,975.00 wit order, opening & jury selection, 3rd limine

5/2/2008 Prep for trial, review pltfs 5.60 NT N N 5.6 $350 $1,960.00 trial exhibits

5/3/2008 Prep for trial, review trial 3.40 NT N N 3.4 $350 $1,190.00 cross exam notes

5/4/2008 Edit 3rd limine mo, 0.60 NT Y Y 0 $350 $0.00 conform & file

5/4/2008 Prep for trial, review pltfs 3.10 NT N N 3.1 $350 $1,085.00 trial exhibits

5/5/2008 Trial- pretrial review & 9.00 T N N 9 $450 $4,050.00 prep for next day of trial, review City filing

5/5/2008 ditto 11.00 NT N N 11 $350 $3,850.00 5/6/2008 Trial- pretrial review & 9.00 T N N 9 $450 $4,050.00 prep for next day of trial 5/6/2008 ditto 11.00 NT N N 11 $350 $3,850.00 5/8/2008 Trial- pretrial review & 20.00 T N N 20 $450 $9,000.00 prep for next day of trial 5/8/2008 ditto NT N N 0 $350 $0.00 5/9/2008 Trial- pretrial review & 9.00 T N N 9 $450 $4,050.00 prep for next day of trial 5/9/2008 ditto 11.00 NT N N 11 $350 $3,850.00 5/10/2008 Trial- pretrial review & 9.00 T N N 9 $450 $4,050.00 prep for next day of trial 5/10/2008 ditto 4.50 NT N N 4.5 $350 $1,575.00

Delete as Delete as Hourly

Time Description Type Unsuccessful? Unnecessary? Allowable Rate for

Date

Appeal

Y/N Y/N Type

AppendiX

Allowable Fee Y/N Y/N Hours Type

5/11/2008 Meet w/trial witness, TM 8.40 NT N N 8.4 $350 $2,940.00

Delete as Delete as Hourly

Time

Unnecessar Allowable Date Description Type Unsuccessful? y? Rate for

(Hours)

Appeal

& BM, prep for testimony 5/12/2008 Trial prep 5.60 NT N N 5.6 $350 $1,960.00 5/13/2008 Trial-pretrial review & 9.00 T N N 9 $450 $4,050.00 prep for next day of trial 5/13/2008 ditto 11.00 NT N N 11 $350 $3,850.00 5/14/2008 Trial-pretrial review & 9.00 T N N 9 $450 $4,050.00 prep for next day of trial 5/14/2008 ditto 4.50 NT N N 4.5 $350 $1,575.00 5/15/2008 Client contact, re: post trial 2.50 NT N N 2.5 $350 $875.00 motions 5/16/2008 Marshal docs for Bill of 12.60 NT N N 12.6 $350 $4,410.00

Costs, legal research judgment motion

5/17/2008 Prep motion for entry of 10.80 NT N N 10.8 $350 $3,780.00 judgment & fee petition

5/18/2008 Edit motion & fee petition 12.50 NT N N 12.5 $350 $4,375.00 5/19/2008 Final edit motion & fee 8.50 NT N N 8.5 $350 $2,975.00 petition & Bill of Costs, conform & file

5/19/2008 Client contact WM re: 0.50 NT Y N 0 $350 $0.00 status of case next hearing, b/f pay amend matter

5/19/2008 Client contact MM re: case 0.30 NT Y N 0 $350 $0.00 status & next hearing, $issue of b/f pay

AppendiX

Allowable Fee Y/N Type

5/19/2008 Meet w/RC re: tax forms, 1.00 NT N N 1 $350 $350.00 review pending trial issue (b/f pay)

5/19/2008 Order in, re: ph conf 5/28 0.10 NT N N 0.1 $350 $35.00 5/20/2008 Review w/BMP re: next 0.50 NT N N 0.5 $350 $175.00 hearing, City reqst for tax records & ph conf

5/20/2008 File review (discovery) 2.50 NT N N 2.5 $350 $875.00 look for prior City request for tax returns

5/20/2008 Letter prep & Email to GV 0.30 NT N N 0.3 $350 $105.00 re: tax return

5/20/2008 Call client re: case update- 0.10 NT N N 0.1 $350 $35.00 ph conf 5/28

5/20/2008 Call client re: case update- 0.10 NT N N 0.1 $350 $35.00 ph conf 5/28

5/20/2008 Call client re: case update- 0.10 NT N N 0.1 $350 $35.00 ph conf 5/28

5/20/2008 Email to clients confirming 0.10 NT N N 0.1 $350 $35.00 case update of 5/28 ph conf

5/20/2008 Tx w/DH re: motions 0.10 NT N N 0.1 $350 $35.00 5/20/2008 Email from GV re: tax 0.10 NT N N 0.1 $350 $35.00 returns (reviw attached ltr) 5/20/2008 Email to GV re: tax returns 0.20 NT N N 0.2 $350 $70.00

(ltr drafted)

Appeal

Delete as Delete as Hourly

Time Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

(Hours) Y/N Hours

AppendiX

(Hours) y Rate for Allowable Fee

Y/N Y/N Hours Type

5/20/2008 Review reply to mo 2 enter 0.20 NT N N 0.2 $350 $70.00 judgment (both ECF case copies)

5/20/2008 Forward City response to 0.20 NT N N 0.2 $350 $70.00 mo & notice for client review

5/20/2008 Review reply to notice to 0.10 NT N N 0.1 $350 $35.00 enter judgment (both cases)

5/20/2008 Review w/TMK City 0.30 NT N N 0.3 $350 $105.00 replay & call with DH (case strategy meeting)

5/20/2008 Factual research re: 2.20 NT N N 2.2 $350 $770.00 disqualifying conviction/arrest PPD

5/20/2008 Cont search of file for def 1.20 NT N N 1.2 $350 $420.00

Delete as Delete as Hourly

Time Allowable Date Description Type Unsuccessful? Unnecessar ?

Appeal

#56 R4P request 5/21/2008 Cont search of file for Def 1.00 NT N N 1 $350 $350.00

City's R4p of Doc request 5/21/2008 Cont research 2.70 NT N N 2.7 $350 $945.00 disqualifying arrest/conviction- MPO & West

5/21/2008 Ltr to City (GV) City doc 0.30 NT N N 0.3 $350 $105.00 request was only for to year 1999

AppendiX

(Hours) ? Rate for Allowable Fee

5/21/2008 Draft reply to City's 1.20 NT N N 1.2 $350 $420.00 response to mo enter judmt, re: 98 case

5/21/2008 Client contact RC re: 1.80 NT N N 1.8 $350 $630.00 upcoming hearing-strategy/research

5/21/2008 Edit reply to resp re: mo 0.50 NT N N 0.5 $350 $175.00 entr judmt

5/21/2008 Legal research mold award 1.20 NT Y N 0 $350 $0.00 to state damage award

Delete as Delete as

Time Date Description Type Unsuccessful? Unnecessary Allowable

Appeal

Hourly

Y/N Y/N Hours Type

5/21/2008 Draft motion & MOL for 2.30 NT Y N 0 $350 $0.00 molding award

5/21/2008 Cir draft of reply and mo / 0.60 NT Y N 0 $350 $0.00 mol to client for comment, review with client

5/22/2008 Edit reply & mo/mol 0.70 NT Y N 0 $350 $0.00 w/client & TMK comments

5/22/2008 Email WM re: amd mo for 0.01 NT Y Y 0 $350 $0.00 sick chk

5/22/2008 Draft mo to amend add 4.50 NT Y Y 0 $350 $0.00 term for WM

5/22/2008 Conf w/client & TMK for 0.30 NT Y Y 0 $350 $0.00 review of mo amd recon

5/22/2008 Make changes to mo amd 0.80 NT Y Y 0 $350 $0.00 recon

AppendiX

Allowable Fee Y/N Y/N Hours Type

5/22/2008 File review re: locate docs 1.50 NT N N 1.5 $350 $525.00 for upcoming wage equity hearing

5/22/2008 Contact (TX) RC re: wages 0.30 NT N N 0.3 $350 $105.00 hearing record

5/22/2008 Tx w/Capt Cotton PPD, re: 0.20 NT N N 0.2 $350 $70.00 disqualification conviction standard

5/22/2008 Conform drafts (mos & 0.30 NT Y Y 0 $350 $0.00 mols) to PDF & file

5/28/2008 Emails from o/c re: conf 0.10 NT N N 0.1 $350 $35.00 call

5/28/2008 Calls from clients re: 0.20 NT N N 0.2 $350 $70.00 update on case & conf call

5/28/2008 Phn conf with Court 0.50 NT N N 0.5 $350 $175.00 5/28/2008 Post-conf call meeting 1.20 NT N N 1.2 $350 $420.00 w/clients, person & phone 5/29/2008 Review City mo to compel 0.80 NT N N 0.8 $350 $280.00 5/29/2008 Forward to clients the City 0.20 NT N N 0.2 $350 $70.00 mo 2 compel 5/29/2008 Conf w/clients re: City rest 0.50 NT N N 0.5 $350 $175.00 concerning fee mo 5/29/2008 Start draft opposition to 2.30 NT N N 2.3 $350 $805.00

Delete as Delete as Hourly

Time Date Unnecessar Allowable

Description Type Unsuccessful? y? Rate for

(Hours)

Appeal

City mo compel 5/30/2008 Email to opposing counsel 10.50 NT N N 10.5 $350 $3,675.00 re request. Also edit draft on reply

AppendiX

Allowable Fee Y/N Type

5/31/2008 File work, look for cites & 7.90 NT N N 7.9 $350 $2,765.00 edit opp to mo

6/1/2008 Cont edit & file search for 8.50 NT N N 8.5 $350 $2,975.00

MORE proofs to add in mo

Appeal

Delete as Delete as Hourly

Time Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

(Hours) Y/N Hours

6/2/2008 Final edit of opposition- 6.90 NT N N 6.9 $350 $2,415.00 conform to PDF & file

6/9/2008 Recv & read City response 1.30 NT Y N 0 $350 $0.00 to PHRA issue

6/9/2008 Client conf, by phone 1.60 NT Y N 0 $350 $0.00 separate, go over City response

6/10/2008 Legal research, trial 0.60 NT N N 0.6 $350 $210.00 invest(w/MPOETC) re: disqualification as PO issue

6/11/2008 Legal research, review D 3.40 NT Y N 0 $350 $0.00 law, do own research in support

6/11/2008 Tx w/RC re: equity 0.20 NT N N 0.2 $350 $70.00 damage portion of case

6/12/2008 Draft reply 9.70 NT Y N 0 $350 $0.00 6/13/2008 Draft edit 4.30 NT Y N 0 $350 $0.00 6/13/2008 Tx w/RC re: order and tax 0.30 NT N N 0.3 $350 $105.00 issue 6/13/2008 Conform & send tax auth 0.40 NT N N 0.4 $350 $140.00 to defendant counsel

AppendiX

(Hours) Allowable Fee

6/13/2008 Prepare & file notice of 0.40 NT N N 0.4 $350 $140.00 compliance

6/15/2008 Client review, conference 1.20 NT Y N 0 $350 $0.00 re: draft reply to PRHAC issue

6/16/2008 Edit reply w/client & TMK 3.60 NT Y N 0 $350 $0.00 comment, file review for exhibits

6/17/2008 Final edit, review & write 2.70 NT Y N 0 $350 $0.00 to reply PGRA issue, conform & file

6/25/2008 Orders in, review & notify 0.60 NT N N 0.6 $350 $210.00 clients

7/9/2008 Client meeting re: trial 4.50 NT N N 4.5 $350 $1,575.00 7/10/2008 Tx from RC & WM & 0.40 NT N Y 0 $350 $0.00 email from CP re: IRS visit 7/10/2008 Draft mo, declarations 6.90 NT N Y 0 $350 $0.00 7/11/2008 Meet w/RC re: IRS visit 1.20 NT N Y 0 $350 $0.00 and Dec 7/12/2008 Edit motion & draft MOL 6.90 NT N Y 0 $350 $0.00 7/13/2008 Review edit by clients, 0.40 NT N Y 0 $350 $0.00

TMK & CP, edit MOL, MO

7/13/2008 Conduct legal research & 4.40 NT N Y 0 $350 $0.00 edit Mo

Delete as Hourly

Time Delete as Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

Appeal

Y/N Y/N Hours Type

AppendiX

Allowable Fee Type

7/14/2008 Final review & edit of Mo, 2.80 NT N Y 0 $350 $0.00

MOL and conform exhibits

Delete as Delete as Hourly

Time Allowable Date Description Unsuccessful? Unnecessary Rate for

(Hours) Type ?

Appeal

Y/N Y/N Hours

7/14/2008 File Mo, MOL and 0.20 NT N Y 0 $350 $0.00

Exhibits, ECF Receipt to file

7/14/2008 Dec from WM 0.30 NT N Y 0 $350 $0.00 7/31/2008 Mo for sanction by City, 0.70 NT N Y 0 $350 $0.00 review 7/31/2008 Call each client & advise 0.80 NT N Y 0 $350 $0.00

& discus sanction w/each 7/31/2008 Check law, legal research, 0.70 NT N Y 0 $350 $0.00 and draft Reply to response

8/11/2008 ECF message trial 0.00 NT N N 0 $350 $0.00 transcripts available

8/12/2008 Mo in City's re:Dz Ray's 1.40 NT N N 1.4 $350 $490.00 verdict review

8/12/2008 Call Clients advise of mo, 0.30 NT N N 0.3 $350 $105.00 send mo to clients

8/13/2008 Legal research (assign AO) 0.20 NT N Y 0 $350 $0.00

8/13/2008 Legal research by AO 3.50 NT N Y 0 $350 $0.00 8/14/2008 Conf w/ AO re: legal 0.20 NT N Y 0 $350 $0.00 research result assign AO to draft reply

AppendiX

Allowable Fee Type

8/15/2008 Review draft, forward to 1.30 NT N Y 0 $350 $0.00 clerk for proofing

8/16/2008 Review edits by clerk CP 0.50 NT N Y 0 $350 $0.00 8/16/2008 Met w/AO, assign final 0.20 NT N Y 0 $350 $0.00 write for reply 8/16/2008 AO final write 2.30 NT N Y 0 $350 $0.00 8/17/2008 Review final write, 1.10 NT N Y 0 $350 $0.00 conform & file 8/22/2008 ECF in from City re: 0.70 NT N Y 0 $350 $0.00 response to reply, review 8/22/2008 Meet with AO re: reply by 0.40 NT N Y 0 $350 $0.00

City, call clients & email them copies

8/24/2008 ECF in crom City re: reply 0.60 NT N N 0.6 $350 $210.00 to discovery mo, review

8/24/2008 Meet w/AO re: reply, 0.20 NT N N 0.2 $350 $70.00 assign to check law & poss reply

8/24/2008 Conf w/clients re: City 0.50 NT N N 0.5 $350 $175.00 reply

8/26/2008 Met w/AO re: assignments 0.20 NT N N 0.2 $350 $70.00 8/28/2008 Order in review, email to 0.30 NT N N 0.3 $350 $105.00 clients & AO 8/28/2008 Client contact re: order 0.60 NT N N 0.6 $350 $210.00

Speak with all three clients diff times

Delete as Delete as Hourly

Time

Unnecessar Allowable Date Description Type Unsuccessful? y? Rate for

(Hours) Y/N Y/N Hours

Appeal

AppendiX

Allowable Fee Type

9/14/2008 Client contact all re: trial 0.20 NT N N 0.2 $350 $70.00 date, discovery & strategy matters, etc

Oct-08 Contact GV re: request a 0.10 NT N N 0.1 $350 $35.00 conf w/Ct

10/27/2008 Prep & send request 0.30 NT N Y 0 $350 $0.00 conference made to court

10/28/2008 Mo for sanction, opp 8.80 NT Y Y 0 $350 $0.00 discovery & City mo to dz RC claims

10/29/2008 Edit mo reply, send to 3.40 NT Y Y 0 $350 $0.00 clerk CP for proofing

10/30/2008 Review edits & proof 0.30 NT Y Y 0 $350 $0.00 10/31/2008 Final edit & review, 0.50 NT Y Y 0 $350 $0.00 conform & file response 11/7/2008 City reply brief to Pltf mo 0.30 NT N Y 0 $350 $0.00 discovery & sanction, reviewed

11/7/2008 Email City reply to clients 0.10 NT N Y 0 $350 $0.00 11/8/2008 Discuss City reply with all 1.30 NT N Y 0 $350 $0.00 clients 11/8/2008 Discuss City reply w/AO, 0.20 NT N Y 0 $350 $0.00 re: check law 11/8/2008 AO legal research 1.20 NT N Y 0 $350 $0.00 11/9/2008 Meet w/AO re: research 0.30 NT N Y 0 $350 $0.00 result

Delete as Delete as Hourly

Time

Unnecessar Allowable Date Description Type Unsuccessful? y? Rate for

(Hours) Y/N Y/N Hours

Appeal

AppendiX

Allowable Fee Y/N Y/N Hours Type

11/9/2008 Assign memo re: sanction 0.20 NT N Y 0 $350 $0.00 discovery etc (not exam RC to AO)

11/10/2008 Draft memo re: examine 1.90 NT N N 1.9 $350 $665.00

Delete as Delete as Hourly

Time Date Unnecessar Allowable

Description Type Unsuccessful? y? Rate for

(Hours)

Appeal

RC 11/10/2008 Receive memo re: RC 0.20 NT N N 0.2 $350 $70.00 exam to CP for proofing, review remarks proofing

11/11/2008 Memo to CP for proofing 0.10 NT N Y 0 $350 $0.00 re: discovery issue

11/12/2008 Review edits & proofing, 0.70 NT N Y 0 $350 $0.00 conform & file

11/14/2008 Final review, conform & 0.30 NT N N 0.3 $350 $105.00 file MOL re Exam RC

11/17/2008 City response to pltf 0.50 NT Y Y 0 $350 $0.00 filings, review

11/17/2008 Meet w/AO re: reply, 0.80 NT Y Y 0 $350 $0.00 email reply to clients & discuss w/all clients

11/17/2008 Assign reply MOL to AO 0.10 NT Y Y 0 $350 $0.00 11/18/2008 Review AO reply MOL & 0.40 NT Y Y 0 $350 $0.00 send to CP for proofing 11/19/2008 Review edits & proofing 0.20 NT Y Y 0 $350 $0.00 11/19/2008 Assign AO to edits for mol 0.10 NT Y Y 0 $350 $0.00

(1.2) 11/20/2008 Review edits conform & 0.20 NT Y Y 0 $350 $0.00 file

AppendiX

? Rate for (Hours) Allowable Fee

12/18/2008 Order in review 0.40 NT N N 0.4 $350 $140.00 12/18/2008 Tx calls w/client re: orders 0.50 NT N N 0.5 $350 $175.00 12/22/2008 Ltrs to GV re: depositions 0.20 NT N N 0.2 $350 $70.00 12/22/2008 Contact w/RC re: order & 0.10 NT N N 0.1 $350 $35.00 meet date 12/22/2008 Contact w/client re: dep 0.30 NT N N 0.3 $350 $105.00 prep for Gaittens 12/29/2008 ECF in Dec of DC Gaitten 0.10 NT N N 0.1 $350 $35.00

Appeal

Delete as Delete as Hourly

Time Date Description Type Unsuccessful? Unnecessary Allowable

Y/N Y/N Hours Type

1/3/2009 Meet w/RC re: dep 3.20 NT N N 3.2 $350 $1,120.00 questions

1/18/2009 Prep for dep 3.20 NT N N 3.2 $350 $1,120.00 1/20/2009 Legal research re: MPO 1.50 NT N N 1.5 $350 $525.00 qualification convictions 1/21/2009 Dep RC & Gaittens confer 4.30 NT N N 4.3 $350 $1,505.00 w/Judge priv issue 1/27/2009 Ltr in/out re: request for 0.30 NT N N 0.3 $350 $105.00

7 sending RC SS 0 $350 $0.00 documents

1/30/2009 Frat motion to resum trial 1.30 NT N N 1.3 $350 $455.00

(Mo II) 1/31/2009 Edit motion 0.90 NT N N 0.9 $350 $315.00 1/31/2009 Tx w/ ray Carnation Ray 0.20 NT N N 0.2 $350 $70.00 mo. 2/2/2009 Tx w/WM re: hearing & 0.40 NT N N 0.4 $350 $140.00 motion 2/3/2009 Review, conform & file 0.70 NT N N 0.7 $350 $245.00 motion

AppendiX

(Hours) ? Rate for Allowable Fee

2/2/2009 Review 3rd Cir release 0.40 NT N N 0.4 $350 $140.00 damages tax impact relief

2/7/2009 Contact expert 0.20 NT N N 0.2 $350 $70.00 2/8/2009 Prep & file notice of intent 0.20 NT N N 0.2 $350 $70.00 to seek tax impact damages

Delete as Delete as

Time Date Description Type Unsuccessful? Unnecessary Allowable

Appeal

Hourly

Y/N Y/N Hours Type

2/10/2009 Client contact re: Ray SS 0.20 NT Y N 0 $350 $0.00 doc, Bill damages

2/11/2009 Legal research tax relief / 1.90 NT N N 1.9 $350 $665.00 offsets to wage award & interest

2/11/2009 Client contact re: result of 0.40 NT N N 0.4 $350 $140.00 legal research

2/11/2009 Work on fee/cost interest 1.80 NT N N 1.8 $350 $630.00 motion and brief

2/15/2009 Order in, direct D to file 0.10 NT N N 0.1 $350 $35.00 reply

2/17/2009 Response in from def re: 0.20 NT N N 0.2 $350 $70.00 resume trial & conf, review

2/17/2009 Client contacts re: reply by 0.40 NT N N 0.4 $350 $140.00

Ds 2/19/2009 Review 02/25/01 transcript 0.50 NT Y Y 0 $350 $0.00 on term issue in WMMC case

AppendiX

(Hours) Type Allowable Fee

2/20/2009 Order in conf and trial set 0.20 NT N N 0.2 $350 $70.00 review advise clients and schedl weekend meeting

2/20/2009 Legal research re: term 2.30 NT Y Y 0 $350 $0.00 amend and prej/delay issues to facts here

2/22/2009 Work with CP and Beth re: 7.50 NT N N 7.5 $350 $2,625.00 pretrial memo pre for conf/trial re: damages

2/23/2009 Review prior orders, 2.10 NT Y N 0 $350 $0.00 memos and trans (9/29/01argument) re; front/back pay all

2/24/2009 Prep memo, send to CP 0.00 NT N N 0 $350 $0.00 and Beth for work on calculation for Mike and Bill

2/27/2009 Work on Carnation 6.70 NT N N 6.7 $350 $2,345.00 numbers, review all of Def Exhibits and finish memo

2/27/2009 Tx w/ Ct re: new date 0.20 NT N N 0.2 $350 $70.00

March 17 Tues at 9:30am -Inform clients

2/27/2009 Orders In review, send to 0.50 NT N N 0.5 $350 $175.00 clients and discuss w/ clients and AO

Hourly

Time

Description Unsuccessful? Unnecessar Allowable y? Rate for

Date

[1000]   Appeal

[1001]   Delete as Delete as

[1002]   Y/N Y/N Hours Type

[1003]   AppendiX

[1004]   Allowable Fee Y/N Type

[1005]   2/28/2009 Research -limine motion 2.10 NT N N 2.1 $350 $735.00 for Gaittens & nondisclosed witness and documents

[1006]   3/2/2009 Mo in from City (in 0.60 NT N N 0.6 $350 $210.00

[1007]   Delete as Delete as Hourly

[1008]   Time Date Description Type Unsuccessful? Unnecessary? Allowable Rate for

[1009]   (Hours) Y/N Hours

[1010]   Appeal

[1011]   Oimine re: Verzilli, review 3/2/2009 Email mo to clients 0.30 NT N N 0.3 $350 $105.00 3/3/2009 Conf w/ AO re: limine mo, 0.30 NT N N 0.3 $350 $105.00 assign draft duty 3/3/2009 AO drafts reply 2.90 NT N N 2.9 $350 $1,015.00 3/5/2009 Review edits and proofing 0.40 NT N N 0.4 $350 $140.00 for limine mo, conform and file

[1012]   3/5/2009 Send draft to CP for 0.40 NT N N 0.4 $350 $140.00 proofing

[1013]   3/6/2009 Review edits and proofing, 0.30 NT N N 0.3 $350 $105.00 edited self, conformed and filed limine reply

[1014]   3/13/2009 Review draft reply to 0.30 NT N N 0.3 $350 $105.00 limine mo

[1015]   3/14/2009 Legal research on City's 3.20 NT N N 3.2 $350 $1,120.00 identity issues in memo

[1016]   3/15/2009 Meet w. CP re: doc 5.50 NT N N 5.5 $350 $1,925.00 marshal and ident issues for status conf

[1017]   AppendiX

[1018]   (Hours) y Rate for Allowable Fee

[1019]   Y/N Y/N Hours Type

[1020]   3/16/2009 Order in re: Def Mo to dz 0.20 NT N N 0.2 $350 $70.00 or SJ. Denied. reviewed and sent to clients

[1021]   3/16/2009 Communications fro 0.20 NT N N 0.2 $350 $70.00 clients re: comments on outline for status confer

[1022]   3/16/2009 Prep for 031709 Status 1.10 NT N N 1.1 $350 $385.00 conf

[1023]   3/17/2009 Status conference 2.80 NT N N 2.8 $350 $980.00 3/18/2009 Order in City mo denied 0.30 NT N N 0.3 $350 $105.00 w/o prej re: verzilli, send to clients and AO

[1024]   3/19/2009 Order in re: Pt II trial date 0.10 NT N N 0.1 $350 $35.00 set

[1025]   3/19/2009 Client contacts and meet 1.90 NT N N 1.9 $350 $665.00 w/ AO re: order (decisions) discuss trial strategy Inform client of trial date

[1026]   Delete as Delete as Hourly

[1027]   Time Allowable Date Description Type Unsuccessful? Unnecessar ?

[1028]   Appeal

[1029]   3/23/2009 Review def trial book for 1.60 NT N N 1.6 $350 $560.00 evidence to be used at Equity part of trial -Dbltree reference by Def.

[1030]   Colorulo statement

[1031]   3/30/2009 ECF notice of mo, contact 0.70 NT N N 0.7 $350 $245.00 clients re: motion (who filed)

[1032]   AppendiX

[1033]   (Hours) Type ? Rate for Allowable Fee

[1034]   3/31/2009 Order in re: Pro Se mo, 0.20 NT N N 0.2 $350 $70.00 review, send to clients

[1035]   3/31/2009 Client contacts re: order 0.00 NT N N 0 $350 $0.00 and pro se mo

[1036]   4/20/2009 Review trial exhibits on 1.70 NT N N 1.7 $350 $595.00 wire tap issue

[1037]   4/24/2009 Review Del criminal 1.30 NT N N 1.3 $350 $455.00 transcript on City issue of bases for possession

[1038]   4/27/2009 Meeting with AO on wire 2.00 NT N N 2 $350 $700.00 tap and conviction issue

[1039]   5/4/2009 Review with AO and 0.50 NT N N 0.5 $350 $175.00

[1040]   Carnation re: wire tape and conviction issue.

[1041]   5/4/2009 Send email to GV re meet, 4.30 NT N N 4.3 $350 $1,505.00 facts can stip.

[1042]   5/11/2009 copy exhibits from book 0.30 NT N N 0.3 $350 $105.00 5/12/2009 Meet (self and AO) GV re: 2.50 NT N N 2.5 $350 $875.00 stipulation for equity hearing

[1043]   5/12/2009 Office prep stip, send to 0.50 NT N N 0.5 $350 $175.00

[1044]   Delete as Delete as Hourly

[1045]   Time Allowable Date Description Unsuccessful? Unnecessary

[1046]   Appeal

[1047]   Y/N Y/N Hours Type

[1048]   GV 5/13/2009 Meet with GV and John 3.20 NT N N 3.2 $350 $1,120.00 with AO) re hearing conference stip facts and exhibit

[1049]   5/14/2009 Emails with GV re stip 0.20 NT N N 0.2 $350 $70.00

[1050]   AppendiX

[1051]   Delete as

[1052]   Appeal

[1053]   Delete as Hourly

[1054]   Time Allowable

[1055]   Date Description (Hours) Type Unsuccessful? Unnecessary? Rate for Allowable Fee

[1056]   Y/N Y/N Hours Type

[1057]   5/15/2009 Emails and phone call 8.90 NT N N 8.9 $350 $3,115.00 conference with GV re: stip and facts. Review docs

[1058]   5/16/2009 Prehearing legal research 0.20 NT N N 0.2 $350 $70.00 assignment for any change in make whole law by AO

[1059]   5/16/2009 AO legal research case law 0.50 NT N N 0.5 $350 $175.00

[1060]   1.2 Dolin and Alabama case- Review

[1061]   5/17/2009 Marshall, outline, and copy 3.70 NT N N 3.7 $350 $1,295.00

[1062]   Def trial book Exhibits, for testimony use

[1063]   5/17/2009 Prep with AO & Ray for 2.30 NT N N 2.3 $350 $805.00 hearing

[1064]   5/17/2009 Conference with AO re: 0.60 NT N N 0.6 $350 $210.00 review legal research by AO and last minute prep

[1065]   5/18/2009 Trial (Equity Hearing) 6.30 T N N 6.3 $450 $2,835.00 portal to portal

[1066]   5/18/2009 Post herring meeting with 1.30 NT N N 1.3 $350 $455.00 clients re: how to proceed . legal strategies

[1067]   5/19/2009 Conf w/ AO, assig tasks 0.40 NT N N 0.4 $350 $140.00

[1068]   (ltr to ct with doc) and work on fee petition

[1069]   AppendiX

[1070]   Time Allowable

[1071]   Date Description (Hours) Type Unsuccessful? Unnecessary? Rate for Allowable Fee

[1072]   Y/N Type

[1073]   5/28/2009 -second fee petition NT N N 0 $350 $0.00 filed... see sheet 2

[1074]   5/28/2009 City trial brief on back pay 0.30 NT N N 0.3 $350 $105.00 in, send to all clients

[1075]   5/29/2009 Read City brief, legal 1.50 NT N N 1.5 $350 $525.00 research for new law

[1076]   5/30/2009 Draft reply 6.90 NT N N 6.9 $350 $2,415.00 5/31/2009 Edit reply and send to 2.30 NT N N 2.3 $350 $805.00 proofer (BM & CP) 6/2/2009 Meet witness TB re: 0.70 NT N N 0.7 $350 $245.00

[1077]   Gaittens' testimony, interview and speak with supervisor at background

[1078]   6/3/2009 Conform and file reply to 0.30 NT N N 0.3 $350 $105.00 city post hearing trial brief on back pay

[1079]   6/3/2009 Tx from chambers re: 0.10 NT N N 0.1 $350 $35.00 courtesy copy (second) of fee petition requested

[1080]   6/3/2009 ECF in Def response to 0.40 NT N N 0.4 $350 $140.00 second fee pet. Print and read

[1081]   6/4/2009 Conform courtesy copy of 2.30 NT N N 2.3 $350 $805.00 fee petition for Judge and clerk; hand file

[1082]   Delete as Delete as Hourly

[1083]   Appeal

[1084]   Y/N Hours

[1085]   AppendiX

[1086]   Allowable Rate for (Hours) Type Allowable Fee

[1087]   Y/N Y/N Hours Type

[1088]   6/4/2009 Call from Chambers re: 0.10 NT N N 0.1 $350 $35.00 courtesy copy wished for any response

[1089]   6/4/2009 Email from city Re letter 0.20 NT N N 0.2 $350 $70.00 to the Court - read print and reply

[1090]   6/4/2009 Meet TB re: amend 0.00 NT N N 0 $350 $0.00 declaration

[1091]   6/5/2009 Read letter attachment on 1.10 NT N N 1.1 $350 $385.00 email which could not be read on blackberry, draft Reply/opposition to letter request of City to enlarge time to reply to fee petitions

[1092]   6/5/2009 Conform supplemental 0.60 NT Y N 0 $350 $0.00 response to City post hearing brief, make courtesy copy

[1093]   6/20/2009 Notice in, via ecf, from 0.20 NT Y N 0 $350 $0.00 city, review and advise clients

[1094]   6/21/2009 Read notice and decision, 2.40 NT Y N 0 $350 $0.00 legal research on cases

[1095]   6/21/2009 Client contact (all there) 1.30 NT Y N 0 $350 $0.00 re; Notice and decision discussed, plus reply

[1096]   Delete as Delete as Hourly

[1097]   Time Date Description Unsuccessful? Unnecessary?

[1098]   Appeal

[1099]   AppendiX

[1100]   Time Allowable

[1101]   Date Description (Hours) Type Unsuccessful? Unnecessary? Rate for Allowable Fee

[1102]   6/22/2009 Review Defendant 3.40 NT Y N 0 $350 $0.00

[1103]   Documents/trial books and attachment to motion

[1104]   6/22/2009 Draft started for reply to 4.30 NT Y N 0 $350 $0.00 notice

[1105]   6/22/2009 Sent draft to be reviewed 0.10 NT Y N 0 $350 $0.00 and edited (Beth and Cynthia)

[1106]   6/22/2009 Draft review returned and 0.30 NT Y N 0 $350 $0.00 reviewed

[1107]   6/23/2009 Edit draft and resent for 2.10 NT Y N 0 $350 $0.00 review, proof and edits (to Cynthia and Beth)

[1108]   6/23/2009 Edit/proofing returned and 0.40 NT Y N 0 $350 $0.00 reviewed. Conformed to PDF, scan exhibits, file

[1109]   6/26/2009 ECF in from City, review 2.10 NT Y N 0 $350 $0.00 memo, review case law cited

[1110]   6/26/2009 Email and letter in from 0.20 NT N N 0.2 $350 $70.00

[1111]   GV re: EEOC charge by RC

[1112]   6/27/2009 Draft reply to City memo 6.30 NT Y N 0 $350 $0.00 on exhaustion, EEOC & Discipline matters

[1113]   Delete as

[1114]   Appeal

[1115]   Delete as Hourly

[1116]   Y/N Y/N Hours Type

[1117]   AppendiX

[1118]   (Hours) y Rate for Allowable Fee

[1119]   Y/N Y/N Hours Type

[1120]   6/27/2009 Forward draft to client for 0.10 NT Y N 0 $350 $0.00 comment and to CP and BM for edits

[1121]   6/29/2009 Email reply to GV for 6/26 0.50 NT N Y 0 $350 $0.00 email, draft and send Rule 11 letter to GV

[1122]   6/29/2009 Edits and comments back, 0.90 NT Y N 0 $350 $0.00 edit draft with comment from client

[1123]   6/29/2009 Send draft edited to clients 0.10 NT Y N 0 $350 $0.00 for review and to CY and BM for proofing

[1124]   6/30/2009 Received proofing and 1.60 NT Y N 0 $350 $0.00 comments, edit reply to add additional argument

[1125]   6/30/2009 Send to CY for final 0.00 NT Y N 0 $350 $0.00 proofing

[1126]   7/1/2009 Review Edits from CP, 0.50 NT Y N 0 $350 $0.00 conform to PDF and file w/ Ct through ECF

[1127]   7/2/2009 Prep Praecipe and 0.80 NT N N 0.8 $350 $280.00 attachment, conform and file

[1128]   7/8/2009 Opinion and order in re: 0.80 NT N N 0.8 $350 $280.00

[1129]   RC equity relief, review and send to clients

[1130]   Delete as Delete as Hourly

[1131]   Time Allowable Date Description Type Unsuccessful? Unnecessar ?

[1132]   Appeal

[1133]   AppendiX

[1134]   (Hours) ? Rate for Allowable Fee

[1135]   7/8/2009 Phone conf w/ clients re: 1.20 NT N N 1.2 $350 $420.00 decision and trial strategy

[1136]   7/9/2009 Dket review & start draft 0.80 NT N N 0.8 $350 $280.00 of Notice w/d w/o prej neg tax impact relief

[1137]   7/10/2009 Edit notice, send to CP & 0.60 NT N N 0.6 $350 $210.00

[1138]   Delete as Delete as

[1139]   Time Date Description Type Unsuccessful? Unnecessary Allowable

[1140]   Appeal

[1141]   Hourly

[1142]   Y/N Y/N Hours Type

[1143]   BM for proofing 7/16/2009 Order in re: City to reply to 0.50 NT N N 0.5 $350 $175.00 interest mo, review and advise clients

[1144]   7/23/2009 City reply to interest 1.10 NT N N 1.1 $350 $385.00 received, review and advise clients

[1145]   7/27/2009 Orders in re: interest in 0.60 NT N N 0.6 $350 $210.00

[1146]   Judgment, review and client contact

[1147]   7/28/2009 Call in from City new atty 0.10 NT N N 0.1 $350 $35.00

[1148]   EE re: mo for more time 7/28/2009 City Mos in (Stay and 2.20 NT N N 2.2 $350 $770.00 more time) review and client conference re mos

[1149]   7/28/2009 Draft opposition to City 2 7.80 NT N N 7.8 $350 $2,730.00 motions (Stay and more time)

[1150]   7/28/2009 Send to proof reader 0.00 NT N N 0 $350 $0.00 7/29/2009 Edit, conform and file 2.60 NT N N 2.6 $350 $910.00

[1151]   AppendiX

[1152]   Allowable Fee Y/N Y/N Hours Type

[1153]   7/30/2009 City Reply in, review, call 1.30 NT N N 1.3 $350 $455.00 clients advise

[1154]   7/30/2009 Draft sur reply, send to 6.80 NT N Y 0 $350 $0.00 proof reader

[1155]   7/31/2009 Work on Sur reply 3.60 NT N Y 0 $350 $0.00 7/31/2009 Order in City mo granted, 0.70 NT N N 0.7 $350 $245.00 review, advise clients 7/31/2009 Complete work of sur 3.50 NT N Y 0 $350 $0.00 reply, reconsider and reuse motion

[1156]   8/2/2009 Meet clients... re: post trial 5.50 NT Y N 0 $350 $0.00 motions and appeal, draft post trial motions

[1157]   8/2/2009 Legal Research, re 15B 3.20 NT Y Y 0 $350 $0.00

[1158]   Mo& More Time for PT MOL

[1159]   8/2/2009 Start Mo for More time, re: 3.60 NT N N 3.6 $350 $1,260.00 post trial mo/MOL

[1160]   8/3/2009 Start 15b Mo 6.80 NT Y Y 0 $350 $0.00 8/3/2009 Edit Mo more time and 2.80 NT N N 2.8 $350 $980.00 send for proofing (Cynthia and Beth)

[1161]   8/4/2009 Edit Mo 15b 9.70 NT Y Y 0 $350 $0.00 8/4/2009 Final Edit Mo to Enlarge 3.00 NT N N 3 $350 $1,050.00

[1162]   Delete as Delete as Hourly

[1163]   Time Date Unnecessar Allowable

[1164]   Description Type Unsuccessful? y? Rate for

[1165]   (Hours)

[1166]   Appeal

[1167]   Time to file PT memo 8/4/2009 Edit 15b mo and send for 2.50 NT Y Y 0 $350 $0.00 proofing (Cynth & Beth)

[1168]   AppendiX

[1169]   (Hours) Allowable Fee

[1170]   8/5/2009 Order In Mo enlarge time - 0.20 NT N N 0.2 $350 $70.00 review - granted- notify clients

[1171]   8/5/2009 Review Proofing (Cynthia 3.50 NT Y Y 0 $350 $0.00 and Beth) on 15b and modify (edit) & file

[1172]   8/6/2009 Work on Post trial Mo 4.20 NT Y N 0 $350 $0.00 8/10/2009 City post trial mo in, 0.20 NT N N 0.2 $350 $70.00 forward copies to clients 8/10/2009 Final review and Edit, File 2.10 NT Y N 0 $350 $0.00

[1173]   Delete as Hourly

[1174]   Time Delete as Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

[1175]   Appeal

[1176]   Y/N Y/N Hours Type

[1177]   Post trial mo 8/11/2009 Review City Post Trial Mo 0.40 NT N N 0.4 $350 $140.00

[1178]   8/12/2009 Client conference, re: City 1.20 NT N N 1.2 $350 $420.00

[1179]   Post trial motion 8/15/2009 Prep issue for Sunday 4.70 NT N N 4.7 $350 $1,645.00 memo conference 8/16/2009 Draft memo with CP and 10.80 NT Y N 0 $350 $0.00

[1180]   BM 8/17/2009 Edit memo and research 12.00 NT Y N 0 $350 $0.00 law 8/19/2009 Review Ct transcripts, edit 9.40 NT Y N 0 $350 $0.00

[1181]   MOL, send draft to clients 8/20/2009 Clerks office to see file re: 3.50 NT Y N 0 $350 $0.00 minutes and ev Ct wants about PAHRA

[1182]   AppendiX

[1183]   (Hours) ? Allowable Fee

[1184]   Y/N Hours Y/N Type

[1185]   8/20/2009 Confer with clients and 2.50 NT Y N 0 $350 $0.00 staff re: MOL, 1997 PAHRA Amd case

[1186]   8/21/2009 BM to Clerk ofc review 0.50 NT Y N 0 $350 $0.00 file - receive status report

[1187]   8/21/2009 Praecipe, re: Pending amd 0.60 NT Y N 0 $350 $0.00 mo - no opp by city

[1188]   8/21/2009 Review Client suggestions, 8.70 NT Y N 0 $350 $0.00 edit, return to clients n for proofing by CP n BM

[1189]   8/22/2009 Review file, docket and 12.90 NT Y N 0 $350 $0.00 court transcripts, edit memo

[1190]   8/23/2009 Client conf re: MOL to be 0.70 NT Y N 0 $350 $0.00 filed 8/24

[1191]   8/24/2009 Edit Prof back, review edit 6.10 NT Y N 0 $350 $0.00 on Memo, conform to PDF and file

[1192]   8/24/2009 City opp to Amd (city) and 0.40 NT Y N 0 $350 $0.00

[1193]   City posttrial MOL in ECF - send to clients

[1194]   8/24/2009 Review City Opp n MOL 2.30 NT N N 2.3 $350 $805.00

[1195]   Judgment matter of law / new trial

[1196]   8/25/2009 Order in ECF, review print 0.30 NT N N 0.3 $350 $105.00 and advise clients

[1197]   Delete as

[1198]   Time Allowable Date Description Type Unsuccessful? Unnecessary Rate for

[1199]   Delete as Hourly

[1200]   Appeal

[1201]   AppendiX

[1202]   Delete as Delete as Hourly

[1203]   Appeal

[1204]   Time Date Description Type Unsuccessful? Unnecessary? Allowable Rate for

[1205]   (Hours) Y/N Hours

[1206]   Allowable Fee Y/N Type

[1207]   8/25/2009 Client contact re: City 1.20 NT N N 1.2 $350 $420.00

[1208]   MOL Discuss and what action to take

[1209]   8/25/2009 Prepare and file NOA and 0.80 NT Y N 0 $350 $0.00

[1210]   Amended Notice of Appeal

[1211]   8/25/2009 ECF in from Clerk, RE: 0.10 NT Y N 0 $350 $0.00

[1212]   Notice of appeal 8/25/2009 Draft Opposition response 8.20 NT N N 8.2 $350 $2,870.00 to City New trial Motion 9/10/2009 Proof Back, review, edit 1.70 NT N N 1.7 $350 $595.00 conform to PDF and file 9/11/2009 Letter in from Judge re: 0.00 NT N N 0 $350 $0.00

[1213]   Beth McKenna complaint, inform clients

[1214]   9/17/2009 City Reply MOL to Pltf 1.80 NT N N 1.8 $350 $630.00

[1215]   Opp re: City Mo for judgment, print, send and read

[1216]   9/17/2009 Client conference of City 0.80 NT N N 0.8 $350 $280.00 reply

[1217]   9/18/2009 Prepare draft response to 2.60 NT N Y 0 $350 $0.00

[1218]   City reply 9/18/2009 Draft to proofer 0.10 NT N Y 0 $350 $0.00 9/23/2009 Draft back, review 0.20 NT N Y 0 $350 $0.00

[1219]   AppendiX

[1220]   Appeal

[1221]   Delete as Delete as Hourly

[1222]   Time Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

[1223]   (Hours) Y/N Hours

[1224]   Allowable Fee Y/N Type

[1225]   9/23/2009 Opening Papers, 3c. 1.60 NT Y N 0 $350 $0.00 prepare issues and opening papers

[1226]   9/24/2009 Final edit and Review of 0.60 NT N Y 0 $350 $0.00

[1227]   Response to City Reply, conform to PDF and file

[1228]   9/28/2009 Order in, review, advise 0.20 NT N N 0.2 $350 $70.00 clients

[1229]   9/28/2009 ECF Mess in from clerk, 0.10 NT Y N 0 $350 $0.00 re: Appeal docket, review

[1230]   9/28/2009 Client contact re: Cts order 0.20 NT N N 0.2 $350 $70.00

[1231]   10/7/2009 Prepare Transcript Order 0.20 NT Y N 0 $350 $0.00 form

[1232]   10/9/2009 ECF in re: Clerk notice of 0.00 NT N N 0 $350 $0.00 appeal

[1233]   10/23/2009 ECF in re: Clerk TPO 0.00 NT N N 0 $350 $0.00 notice

[1234]   10/27/2009 ECF Mess in re: Transcript 0.00 NT N N 0 $350 $0.00 available

[1235]   11/3/2009 ECF mess in re: Clerk 0.00 NT N N 0 $350 $0.00

[1236]   Notice record Complete for appeal

[1237]   Dec-09 Stay Appeal Order review 0.10 NT Y N 0 $350 $0.00 and inform client

[1238]   1/21/2010 Tx with client re letter to 0.00 NT N N 0 $350 $0.00 be part of record

[1239]   AppendiX

[1240]   Allowable Fee Y/N Type

[1241]   1/25/2010 Praecipe filed to attach 0.00 NT N N 0 $350 $0.00 letter

[1242]   1/28/2010 ECF in re: Stay appeal 0.10 NT Y N 0 $350 $0.00 order from 3c

[1243]   1/28/2010 Advise client of stay order 0.30 NT Y N 0 $350 $0.00 3/28/2010 28 File review / check for 0.40 NT N N 0.4 $350 $140.00 costs issue, prepare Praecipe to Clerk re: costs

[1244]   4/1/2010 Praecipe to Clerk to access 0.20 NT N N 0.2 $350 $70.00 costs

[1245]   4/6/2010 City opp response to costs, 9.70 NT N N 9.7 $350 $3,395.00 print, review, tell clients, legal research, pre reply

[1246]   Appeal

[1247]   Delete as Delete as Hourly

[1248]   Time Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

[1249]   (Hours) Y/N Hours

[1250]   4/6/2010 Proof in on Reply re: atty 1.10 NT N N 1.1 $350 $385.00

[1251]   Fee issue, review proofing 4/8/2010 Conform Reply re: atty fee 0.30 NT N N 0.3 $350 $105.00 issue, and file 4/15/2010 ECF In Clerk Notice, 0.20 NT N Y 0 $350 $0.00 argument 6-2 5/13/2010 ECF In Clerk Notice, 0.10 NT N Y 0 $350 $0.00 argument 6-2 5/13/2010 ECF notice in from city 0.40 NT N Y 0 $350 $0.00

[1252]   EE, unavailable, advise clients

[1253]   5/14/2010 Ltr to Court, objection to 1.10 NT N Y 0 $350 $0.00 moving argument

[1254]   AppendiX

[1255]   (Hours) y Rate for Allowable Fee

[1256]   Y/N Y/N Hours Type

[1257]   7/20/2010 Cts Decision In, read, print 1.80 NT N N 1.8 $350 $630.00 and send to clients

[1258]   7/20/2010 Clients contact re: 1.10 NT N N 1.1 $350 $385.00

[1259]   Delete as Delete as Hourly

[1260]   Time Allowable Date Description Type Unsuccessful? Unnecessar ?

[1261]   Appeal

[1262]   Decision 7/23/2010 Second Amended Notice 0.30 NT Y N 0 $350 $0.00 of Appeal prepared, conformed and filed

[1263]   8/12/2010 ECF in City Appeal 0.20 NT N N 0.2 $350 $70.00

[1264]   Notice, review and advise clients

[1265]   8/27/2010 ECF in (4) withdrawal of 0.20 NT N N 0.2 $350 $70.00

[1266]   Appearances for City's attys.

[1267]   8/31/2010 ECF in Withdraw Appr by 0.10 NT N N 0.1 $350 $35.00

[1268]   Dexter 9/20/2011 Client contact -- appeal, 0.00 NT N N 0 $350 $0.00 execute on judgment demand Client contact demand execute on judgment Client contact, caused judgment to be entered in DC (Beth per CP)

[1269]   9/27/2011 Order in, re: provide status 0.10 NT N N 0.1 $350 $35.00 report

[1270]   9/28/2011 Review File, Draft Status 0.90 NT N N 0.9 $350 $315.00 report

[1271]   AppendiX

[1272]   (Hours) ? Hours Allowable Fee

[1273]   9/30/2011 Edit, conform and file Pltf 0.30 NT N N 0.3 $350 $105.00

[1274]   Delete as Delete as Hourly

[1275]   Time Date Description Type Unsuccessful? Unnecessary Allowable Rate for

[1276]   Appeal

[1277]   Y/N Y/N Type

[1278]   Status Report 10/6/2011 Client conference 2.30 NT N N 2.3 $350 $805.00 10/7/2011 ECF In clients enter pro se 0.10 NT N N 0.1 $350 $35.00 appearance 10/13/2011 ECF in City Status report 0.10 NT N N 0.1 $350 $35.00 10/13/2011 ECF In Pro Se Pet for 0.30 NT N Y 0 $350 $0.00 hearing 10/13/2011 Prepare Supple Status 0.30 NT N Y 0 $350 $0.00

[1279]   Report 10/14/2011 Review Supp Stat rpt, 0.20 NT N Y 0 $350 $0.00 conform and file 10/14/2011 ECF in City Suppl Status 0.10 NT N Y 0 $350 $0.00 report, read 10/14/2011 Order in, read, set hearing 0.10 NT N N 0.1 $350 $35.00 10/19/2011 ECF In pro se suppl status 0.10 NT N Y 0 $350 $0.00 10/19/2011 Prepare, edit, conform and 0.50 NT N Y 0 $350 $0.00 file reply to city Status report

[1280]   10/20/2011 Prep for hearing 2.30 NT N N 2.3 $350 $805.00 10/21/2011 Hearing portal to portal, re: 3.50 NT N N 3.5 $350 $1,225.00

[1281]   City reqst who to pay/make check to

[1282]   10/24/2011 ECF in re: minutes of 0.00 NT N N 0 $350 $0.00 hearing filed

[1283]   10/25/2011 Order in, read. Re: Pro Se 0.10 NT N Y 0 $350 $0.00 have ECF access/use

[1284]   AppendiX

[1285]   Allowable Fee Type

[1286]   10/26/2011 Order in City to Pay clients 0.10 NT N N 0.1 $350 $35.00 directly

[1287]   10/27/2011 ECF in City paying clients 0.10 NT N N 0.1 $350 $35.00 directly

[1288]   11/1/2011 ECF in, 10/20 hearing 0.10 NT N N 0.1 $350 $35.00

[1289]   Delete as Delete as Hourly

[1290]   Time Date Description Type Unsuccessful? Unnecessary? Allowable Rate for

[1291]   (Hours) Y/N Y/N Hours

[1292]   Appeal

[1293]   Transcript available/filed 11/10/2011 Review file and prior 4.60 NT N N 4.6 $350 $1,610.00 filings to complete fee issue / Draft Final Fee submission

[1294]   11/11/2011 Contact atty Erba and 3.30 NT N N 3.3 $350 $1,155.00

[1295]   Wiley for Affidavits also edit Final Fee submission

[1296]   11/11/2011 Collect & Send to Erba 0.30 NT N N 0.3 $350 $105.00 and Wiley times work and Docket for Affidavits

[1297]   11/11/2011 Draft Final Fee Petition 2.60 NT N N 2.6 $350 $910.00

[1298]   Submission 11/19/2011 Go over time and conform 2.40 NT N N 2.4 $350 $840.00 to spreadsheet w/ JG 11/20/2011 Final on Fee Petition 1.20 NT N N 1.2 $350 $420.00

[1299]   Suppliment 8/30/2010 A Briefing schedule in, 0.30 NT Y N 0 $350 $0.00 review and inform clients 9/19/2010 A Read DC Decision on PT 6.90 NT Y N 0 $350 $0.00

[1300]   Motions, read City's PT Motion

[1301]   AppendiX

[1302]   Unsuccessful? ? Rate for (Hours)

[1303]   9/20/2010 A Electronic Legal Research 4.20 NT Y N 0 $350 $0.00 of law, current status, review Court's law

[1304]   9/21/2010 A Conform Form of Brief - 3.60 NT Y N 0 $350 $0.00 per court rule- create brief outline

[1305]   9/21/2010 A Draft Brief 12.60 NT Y N 0 $350 $0.00 9/26/2010 A Redline back from Beth, 2.10 NT Y N 0 $350 $0.00 review 10/1/2010 A Edit Draft/Brief 7.80 NT Y N 0 $350 $0.00 10/7/2010 A Opening papers, prepared, 1.20 NT Y N 0 $350 $0.00

[1306]   Marshall orders, Declaration done and papers filed

[1307]   10/15/2010 A Marshall Joint Appendix 4.80 NT Y N 0 $350 $0.00

[1308]   Delete as Delete as Hourly

[1309]   Time Date Description Type Unnecessary Allowable

[1310]   Appeal

[1311]   Hours Allowable Fee Y/N Y/N Type

[1312]   Documents 10/16/2010 A Continue Marshall 3.50 NT Y N 0 $350 $0.00

[1313]   Documents 10/19/2010 A Organize Joint Appendix 5.90 NT Y N 0 $350 $0.00 for numbering 10/20/2010 A Prepare cover and Index 2.60 NT Y N 0 $350 $0.00 for joint appendix, conform master JA

[1314]   10/22/2010 A Joint Appendix to printer 0.80 NT Y N 0 $350 $0.00

[1315]   Costs $7,118.00 10/27/2010 A Edit Draft 5.60 NT Y N 0 $350 $0.00 11/1/2010 A Brief work, draft 12.60 NT Y N 0 $350 $0.00

[1316]   AppendiX

[1317]   Allowable Fee Type

[1318]   11/3/2010 A Brief work, draft 9.00 NT Y N 0 $350 $0.00 11/4/2010 A Brief work, draft 10.40 NT Y N 0 $350 $0.00 11/5/2010 A Received review City 0.20 NT N N 0.2 $350 $70.00

[1319]   Appeal

[1320]   Time Delete as Delete as Hourly

[1321]   Allowable

[1322]   Y/N Y/N Hours

[1323]   Date Description Unsuccessful? Unnecessary?

[1324]   (Hours) Type Rate for

[1325]   Opening papers 11/5/2010 A City Designation 0.20 NT N N 0.2 $350 $70.00 11/7/2010 A Edit draft 3.40 NT Y N 0 $350 $0.00 11/8/2010 A Edit Brief and send to 6.70 NT Y N 0 $350 $0.00

[1326]   Alice 11/10/2010 A Return from Alice, review 2.30 NT Y N 0 $350 $0.00

[1327]   Edits and add 11/10/2010 A Brief to proofer 0.10 NT Y N 0 $350 $0.00 11/11/2010 A Review proofs/ edit 1.70 NT Y N 0 $350 $0.00 11/11/2010 A Check current law, print 2.00 NT Y N 0 $350 $0.00 sign 11/11/2010 A Brief to printer /binder 0.90 NT Y N 0 $350 $0.00

[1328]   Costs $399.00 11/12/2010 A Review brief back, prepare 2.10 NT Y N 0 $350 $0.00 electronic brief 11/12/2010 A Scan JA 4.20 NT Y N 0 $350 $0.00 11/12/2010 A Electronic filings brief and 0.90 NT Y N 0 $350 $0.00 appendix, service to brief on Ct and City

[1329]   12/6/2010 A Printer binding cost reprint 2.70 NT Y Y 0 $350 $0.00

[1330]   Vol 5 Cost $367.75 (1471 pages at .25 page)

[1331]   1/26/2011 A City Mo exceed page 0.10 NT Y N 0 $350 $0.00 length

[1332]   AppendiX

[1333]   Allowable Fee Y/N Type

[1334]   1/26/2011 A City Merit Brief, forward 0.30 NT N N 0.3 $350 $105.00 to clients

[1335]   1/27/2011 A Read City Merit Brief 2.10 NT N N 2.1 $350 $735.00 1/27/2011 A Order in City granted City 0.10 NT N N 0.1 $350 $35.00

[1336]   Mos and more time to file brief by 1-28

[1337]   2/1/2011 A Outline for issues and 1.70 NT Y N 0 $350 $0.00

[1338]   Delete as Hourly

[1339]   Appeal

[1340]   Delete as Time Allowable Date Description Type Unsuccessful? Unnecessary? Rate for

[1341]   (Hours) Y/N Hours

[1342]   Reply Brief (step 3 brief) 2/1/2011 A Draft step three brief 2.05 NT Y N 0 $350 $0.00 ditto A Draft step three brief 2.05 NT N N 2.05 $350 $717.50

[1343]   2/2/2011 A Draft step three brief 1.60 NT Y N 0 $350 $0.00 ditto A Draft step three brief 1.60 NT N N 1.6 $350 $560.00

[1344]   2/3/2011 A Draft work on step three 1.35 NT Y N 0 $350 $0.00 brief ditto A Draft work on step three 1.35 NT N N 1.35 $350 $472.50 brief 2/4/2011 A Marshall Doc for Suppl 3.10 NT N N 3.1 $350 $1,085.00

[1345]   Appendix &Number sup appendiX

[1346]   2/5/2011 A Supp Appendix to 0.60 NT N N 0.6 $350 $210.00 printer/binder

[1347]   2/7/2011 A Edit draft step three 4.20 NT Y N 0 $350 $0.00 ditto A Edit draft step three 4.20 NT N N 4.2 $350 $1,470.00

[1348]   2/7/2011 A Send step three brief for 0.10 NT Y N 0 $350 $0.00 proofing ditto A Send step three brief for 0.10 NT N N 0.1 $350 $35.00 proofing

[1349]   AppendiX

[1350]   Allowable Fee Y/N Type

[1351]   2/10/2011 A Proof back, review 0.20 NT Y N 0 $350 $0.00 ditto A Proof back, review 0.20 NT N N 0.2 $350 $70.00

[1352]   Delete as Delete as Hourly

[1353]   Time Date Unnecessar Allowable

[1354]   Description Type Unsuccessful? y? Rate for

[1355]   (Hours) Y/N Hours

[1356]   Appeal

[1357]   2/10/2011 A Edit, check law, print sign, 0.70 NT Y N 0 $350 $0.00 send to printers (35 pgs x 19 copies = 665 pages x .25)

[1358]   ditto A Edit, check law, print sign, 0.70 NT N N 0.7 $350 $245.00 send to printers (35 pgs x 19 copies = 665 pages x .25)

[1359]   2/11/2011 A Prep Mo to file Suppl 2.10 NT N N 2.1 $350 $735.00

[1360]   Appendix 2/12/2011 A Pick-up printed Suppl 0.60 NT N N 0.6 $350 $210.00

[1361]   Appendix Costs $241.50 2/12/2011 A Conform step three, PDF, 0.35 NT Y N 0 $350 $0.00 file step 3 brief ditto A Conform step three, PDF, 0.35 NT N N 0.35 $350 $122.50 file step 3 brief 2/12/2011 A Edit, conform and File Mo 0.40 NT N N 0.4 $350 $140.00 to file sup appendix 2/18/2011 A City ECF Mo to file brief 0.20 NT N N 0.2 $350 $70.00 late (seek more time), read

[1362]   3/2/2011 A ECF Notice City Mo to 0.30 NT N N 0.3 $350 $105.00 merit panel, clients informed

[1363]   3/10/2011 A Order in, City Mo granted 0.10 NT N N 0.1 $350 $35.00

[1364]   AppendiX

[1365]   ? Rate for (Hours) Allowable Fee

[1366]   3/15/2011 A City step 4 brief in, send to 0.30 NT N N 0.3 $350 $105.00 clients

[1367]   3/15/2011 A Review City step 4 brief 0.50 NT N N 0.5 $350 $175.00 3/16/2011 A Read step 4 and check law 3.30 NT N N 3.3 $350 $1,155.00 on line 3/22/2011 A Order in, mo to supp 0.10 NT N N 0.1 $350 $35.00 appendix to merit panel 4/29/2011 A Clerk Notice in, re; 0.10 NT N N 0.1 $350 $35.00

[1368]   Appeal

[1369]   Delete as Delete as Hourly

[1370]   Time Date Description Type Unsuccessful? Unnecessary Allowable

[1371]   Y/N Y/N Hours Type

[1372]   Argument dates 5/2/2011 A Argument counsel notice 0.30 NT N N 0.3 $350 $105.00 prepared conformed and filed

[1373]   2-May A Court Order in- file 5th 0.10 NT N N 0.1 $350 $35.00 brief on Staubs

[1374]   2-May A Research Staub 1.60 NT N N 1.6 $350 $560.00 6/1/2011 A Outline brief 0.70 NT N N 0.7 $350 $245.00 6/3/2011 A Draft brief 5.60 NT N N 5.6 $350 $1,960.00 6/4/2011 A Edit draft brief 2.80 NT N N 2.8 $350 $980.00 6/5/2011 A Edit draft, send for 0.20 NT N N 0.2 $350 $70.00 proofing 6/6/2011 A Step 5 back, review 0.60 NT N N 0.6 $350 $210.00 6/7/2011 A Step Five print sign and to 0.80 NT N N 0.8 $350 $280.00

[1375]   Printers Cost $57.00 (12 pg x19=228 pgs x .25)

[1376]   6/8/2011 A Step Five brief back, 0.30 NT N N 0.3 $350 $105.00 conform and filed

[1377]   AppendiX

[1378]   Allowable Fee Y/N Type

[1379]   6/29/2011 A Order in for argument, 0.30 NT N N 0.3 $350 $105.00 notify clients

[1380]   7/9/2011 A Prep for argument 2.80 NT Y N 0 $350 $0.00 ditto A Prep for argument 2.80 NT N N 2.8 $350 $980.00

[1381]   Delete as Delete as Hourly

[1382]   Time Allowable Description Type Unsuccessful? Unnecessary? Rate for

[1383]   (Hours) Y/N Hours

[1384]   Date

[1385]   Appeal

[1386]   7/10/2011 A Prepare for argument 1.15 NT Y N 0 $350 $0.00 ditto A Prepare for argument 1.15 NT N N 1.15 $350 $402.50

[1387]   AppendiX

[1388]   (Hours) Allowable Fee

[1389]   7/11/2011 A Argument portal to portal 3.15 T Y N 0 $450 $0.00

[1390]   Delete as Delete as Hourly

[1391]   Time Date Description Type Unsuccessful? Unnecessary? Allowable Rate for

[1392]   Appeal

[1393]   Y/N Y/N Hours Type

[1394]   Cost- Train $11.50 ditto A Argument portal to portal 3.15 T N N 3.15 $450 $1,417.50

[1395]   Cost- Train $11.50 8/17/2011 A Decision 0.30 NT Y N 0 $350 $0.00 ditto A Decision 0.30 NT N N 0.3 $350 $105.00

[1396]   8/17/2011 A Client call on Decision 0.20 NT Y N 0 $350 $0.00 ditto A Client call on Decision 0.20 NT N N 0.2 $350 $70.00

[1397]   8/17/2011 A Send form of rehearing to 0.20 NT Y N 0 $350 $0.00

[1398]   Client 8/19/2011 A Error Notice to Court for 0.70 NT N N 0.7 $350 $245.00

[1399]   Judgment date. Draft and send

[1400]   9/7/2011 A Edit Rehearing Petition, 1.40 NT Y N 0 $350 $0.00 conform add law an file

[1401]   9/14/2011 A Decision in on rehearing, 0.20 NT Y N 0 $350 $0.00 inform clients

[1402]   9/21/2011 A Mandate / Judgment in 0.10 NT Y N 0 $350 $0.00 TOTAL 1,037.65 $371,522.50

[1403]   Subtotals Hours Rate Fee

[1404]   Trial 83.45 $450 $37,552.50

[1405]   Non-Trial 954.2 $350 $333,970.00

[1406]   TOTAL 1037.65 $371,522.50


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