Eugene R. Wedoff
TOTAL FEES REQUESTED: $22,757.50 TOTAL COSTS REQUESTED: $46.45 TOTAL FEES REDUCED: $17,870.00 TOTAL COSTS REDUCED: $46.45 TOTAL FEES ALLOWED: $4,887.50 TOTAL COSTS ALLOWED: $0.00 TOTAL FEES AND COSTS ALLOWED: $4,887.50
THE COURT HAS MARKED THE ATTACHED TIME AND EXPENSE EN TRIES THAT HAVE BEEN DISALLOWED IN WHOLE OR IN PART. THE BASIS FOR EACH DISALLOWANCE IS DISCLOSED BY THE NUMERICAL NOTATION THAT APPEARS ON THE LEFT SIDE OF EACH HIGHLIGHTED ENTRY. THE NUMERICAL NOTATIONS REFER TO THE ENUMERATED PARAGRAPHS BELOW.
(1) Time Spent on Work Not Made Necessary by FMI's Motion to Continue Trial Date
The Court denies the allowance of compensation for time spent on work unrelated to the defendant's motion to continue trial date, heard on June 24, 2008.
(2) Insufficient Description
The Court denies the allowance of compensation for the following task since the description of the time entry fails to identify in a reasonable manner the service rendered. In re Pettibone, 74 B.R. 293, 301 (Bankr. N.D. Ill. 1987) ("A proper fee application must list each activity, its date, the attorney who performed the work, a description of the nature and substance of the work performed, and the time spent on the work. [Citation omitted] Records which give no explanation of the activities performed are not compensable."); In re Wildmna, 72 B.R. 700, 708-9 (Bankr. N.D. Ill. 1987) (same).
(3) Deduction For Fees Not Itemized
The Trustee requests $22,757.50 in attorneys' fees and $46.45 in costs, but only provides itemized entries for $20,110.00 in fees. The court denies fees and costs in the amount of $2,693.95 due to the Trustee's failure to properly account for all of the requested tees and costs incurred.
MANDELL MENKES LLC Suite 300 333 West Wecker Drive Chicago, Illinois 60606 Telephone (312) 251-1000 Fax (312) 251-1010 Federal Tax I.D. #36-4374891 April 22, 2009 Invoice # 34454 Lehman & Fox Six E. Monroe Street Suite 1104 Chicago IL 60603 Re: Michael and Christine Friedman Amended Petition for Fees Case No.: 05-03591 Our File No.: 80003z(b)
Statement for legal services rendered:
Hours Amount 3/17/2008 BNM Review letter from Mr. Rhine regarding 2.40 1,020.00 representation of Mr. Mayster; research regarding why he should be disqualified. 3/18/2008 LL Perform Westlaw research regarding Northern 0.40 100.00 District of Illinois cases regarding court's authority to enforce settlements or stipulations made between the parties; conference with Mr. Menkes regarding same. BNM Research regarding Bankruptcy Court's ability to 0.30 127.50 enforce terms of stipulation. 3/19/2008 BNM Further changes to motion to enforce stipulation. 0.10 42.50 4/29/2008 BNM Review transcripts of depositions of Mr. 2.20 935.00 Friedman taken in copyright case.
6/10/2008 BNM Review objection to CCSI claim. 0.30 127.50 6/12/2008 LL Conference with Mr. Monkes regarding research 0.50 125.00 for bench memorandum regarding necessity for a full accounting BNM Call with Messrs, Rhine, Roberts and de'Medici, 0.40 170.00 regarding stipulations, deposition of Fox, FMI's dissatisfaction with Fox's discovery requests. BNM Meet with Mr. de'Medici regarding outstanding 0.40 170.00 items, including discovery dispute, witness exhibit lists, motions in limine, trail subpoenas, deposition of Fox. 6/13/2008 LL Begin Westlaw research regarding necessity for 0.70 175.00 a full accounting (Restatement of Contracts) BNM Prepare list of witnesses, and summaries of their 0.70 297.50 expected testimony. BNM Call with Mr. de'Medici regarding 0.20 85.00 witnesses/exhibit lists. BNM Review and suggest revisions to draft Order 0.10 42.50 regarding Denial of FMI's motion for protective order and partial denial of FMI's motion to extend discovery period. BNM Prepare list of exhibits to be used at trial, review 2.30 977.50 transcripts to see which should be used. 6/16/2008 LL Conduct research on Westlaw regarding 1.40 350.00 Restatement of Contracts and for Illinois cases where contract required ministerial acts.
6/16/2008 BNM Review materials from CCSI to see which are 4.80 2,040.00 relevant to allegations and affirmative defenses of complaint. 6/17/2008 KEA Conference with Mr. de'Medici regarding 0.10 25.00 tomorrow's proposed order call. BNM Draft motions In Limine. 2.90 1,232.50 BNM Meet with Mr. de'Medici regarding motions in 0.30 127.50 limine. 6/18/2008 KEA Conference with Mr. de'Medici; prepare for and 1.00 250.00 attend court hearing. BNM Draft letter to Messrs. Roberts and Rhine 0.30 127.50 regarding what Trustee relied upon in filing complaint; review prior disclosures regarding same. 6/19/2008 BNM Meet with Mr. Mr. de'Medici after deposition to 0.40 170.00 discuss strategy in light of new avenues apparently being proposed by FMI. BNM Meet with Mr. Roberts after deposition of Mr. 0.20 85.00 Fox to discuss direction of case. BNM Meet with Mr. Fox during and after deposition 0.50 212.50 regarding FMI's apparent new strategy of painting him as an. overzealous prosecutor. 6/20/2008 BNM Review FMI's motion to continue trial date; 0.40 170.00 meet with Mr. de'Medici regarding same. BNM Review FMI's list of exhibits and witnesses. 0.40 170.00
6/20/2008 BNM Research dates on which various pleadings were 0.60 255.00 to be, and were actually filed, to prepare response to motion to continue trial date. BNM Send e-mail of letter from Mr. Jordan to Ms. 0.20 85.00 Roberts; call with Mr. Jordan to Mr. Roberts; call with Mr. Roberts regarding same. 6/22/2008 BNM Draft response to FMI; motion to continue trial 2.30 977.50 date. BNM Exchange e-mails with Mr. de'Medici regarding 0.20 85.00 strategy for supplementing Motion in Limine based on new late-filed witness list and exhibit list. 6/23/2008 BNM Prepare declaration of Mr. Menkes in response 0.40 170.00 to motion to continue trial date. BNM Work on bench memorandum e what constitutes 0.40 170.00 a "valid reason" to request corporate documents. BNM Review Bench memorandum drafted by Ms. 1.70 722.50 LaVine on issue of failure by promisee to take action; look for additional authority on issue. LL Continue research supporting argument that a 2.20 550.00 full accounting is unnecessary, conference with Westlaw reference attorney regarding same; conference with Mr. Menkes regarding findings and additional research for bench memorandum. BNM Finalize response to motion to continue trial 2.30 977.50 date; research dates to be placed into response. LL Research Illinois law regarding party who 1.20 300.00 deliberately prevents condition to occur cannot claim failure of fulfillment defeats his liability.
6/24/2008 LL Review treatise regarding proper purpose for 1.20 300.00 requesting to examine corporate records; conduct research on Westlaw regarding same. BNM Make up timeline in preparation for hearing on 0.60 255.00 motion to delay trial. BNM Appear on motion to delay trial. 1.10 467.50 BNM Meet with o/c regarding motion to delay trial. 0.30 127.50 BNM Meet with Mr. de'Medici and Mr. Fox regarding 0.30 127.50 motion to delay trial. BNM Prepare new lists of grounds for Motion in 0.80 340.00 Limine based on FMI's belated disclosures, in case court asks for bullet point list. _______ __________ For Professional Services Rendered 39.50 $15,265.00 __________ Balance Due $15,265.00 ==========
Name Hours Rate Amount Bruce N. Menkes 30.80 425.00 $13,090.00 Lindsay LaVine 7.60 250.00 $1,900.00 Keith E. Allen 1.10 250.00 $275.00
Law Office Bruce E. de'Medici 333 West Wacker Drive Suite 300 Chicago, Illinois 60606 Telephone 312.251.1000 Facsimile 312.251.1010 2/2/2008 Billing Michael & Christine Friedman Date Description Time Amount Review of arguments to respond to apparent (unpeld) 6/3/2008 affirmative defense that reopening the case was 0.70 $297.50 Conference BNM-review FMI's theory about no contract 6/5/2008 exists, to prepare for cross-examination at trial 0.30 $127.50 6/16/2008 Letter to J Rhine confirming his receipt of subpoenas 0.20 $85.00 Strategy for using motion in limine to exclude witnesses 6/16/2008 and exhibits by FMI 0.40 $170.00 Conf with BNM to review grounds for in limine order 6/17/2008 against FMI re witnesses and exhibits 0.20 $85.00 6/17/2008 Edits to motion for in limine order 0.90 $382.50 Re-review of Trial Order to marshall arguments why FMI should not be able to introduce exhibits or witnesses, 6/17/2008 anticipating arguments in court 0.90 $382.50 6/22/2008 Analysis to support responding to motion in limine 0.30 $127.50 Review of trial arguments and cross-examination outline for upcoming trial to meet affirmative defenses and 6/23/2008 excluding arguments outside scope of affirmative defenses 3.20 $1,360.00 Conference BNM to review trial strategy, legal issues and arguments, meeting FMI's affirmative defenses through 6/23/2008 documents and Michael Friedman's deposition testimony 1.10 $467.50 Prepare to respond to FMI's motion to continue trial — 6/23/2008 review any benefits to Trustee to continue trial 0.90 $382.50 Conference with BNM to review advantages and disadvantages of continuing the trial and responding to 6/23/2008 FMI's motion to continue trial 0.30 $127.50 Prepare for hearing on motion to exclude witnesses and 6/23/2008 exhibits 0.90 $382.50 Court — FMI's motion to continue trial and Fox's motion in 6/24/2008 limine 1.10 $467.50 TOTAL BILLING 11.4 $4,845.00