Gressett v. Central Arizona Water Conservation District

Filing 211

ORDER: Ms. Gressett's Motion for Attorneys' Fees and Related Non-Taxable Expenses (Doc. 185 ) is granted in part and denied in part. IT IS FURTHER ORDERED awarding Ms. Gressett $688,626.00 in attorneys' fees and $39,757.97 in costs. IT IS FURTHER ORDERED denying CAP's Motion to Supplement its Response (Doc. 204 ). Signed by Senior Judge James A Teilborg on 09/17/2015. (Attachments: # 1 Exhibit) (REK)

Date

Attorney

Description

07-20-2012

J. BLAIR

1.1

380.00

$418.00

08-01-2012

J. BLAIR

0.5

380.00

$190.00

08-03-2012

J. BLAIR

MEET WITH A. GRESSETT, REVIEW HER
RECORDS
STUDY GRESSETT FILE, INCLUDING RECENT
ORDER
TELEPHONE CALL WITH A. GESSETT
[Privileged Communication]
REVIEW GRESSETT MATERIALS

1.2

380.00

$456.00

0.2

380.00

LEARN WHAT I CAN REGARDING GRESSETT
LITIGATION, EMAIL EXCHANGE WITH MS.
GRESSETT
TELEPHONE CALLS AND EMAILS WITH A.
GRESSETT [Privileged Communication]
ANALYZE GRESSETT CLAIMS AND
DEFENSES IN HOUSE WITH ATTORNEY
MCDOWELL AND ATTORNEY MESAROS,
RELATED EMAILS TO THE FILE
EMAIL TO A. GRESSETT [Privileged
Communication]
TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
DISCUSS CLAIMS AND DEFENSES WITH T.
COOK
STUDY CASE DOCUMENTS, STATUTES,
FACTUAL ALLEGATIONS AND OUTLINE
ISSUES IN CASE AND
STRENGTHS/WEAKNESSES TO ASSESS
WHETHER TO TAKE OR NOT
CONTINUE STUDY OF DOCUMENTATION
PRODUCED BY CLIENT, CONFER WITH
ATTORNEY BLAIR, CONFERENCE WITH
PROSPECTIVE CLIENT
EMAIL EXCHANGE REGARDING
REPRESENTATION, UNDERLYING FACTS

0.9

380.00

$342.00 Block billing

0.8

380.00

$304.00

0.8

380.00

$243.20 Internal Conference;
Block billing

0.7

380.00

$266.00

0.6

380.00

$228.00

0.5

380.00

$190.00 Internal Conference

2.5

380.00

$950.00

3.5

380.00

0.2

380.00

0.3

380.00

$114.00

0.3

380.00

$114.00 Background research

08-03-2012

J. BLAIR

08-09-2012

J. BLAIR

08-10-2012

J. BLAIR

08-10-2012

J. BLAIR

08-14-2012

J. BLAIR

08-15-2012

J. BLAIR

08-15-2012

J. BLAIR

08-15-2012

T. COOK

08-15-2012

T. COOK

08-16-2012

J. BLAIR

08-16-2012

J. BLAIR

08-16-2012

J. BLAIR

REVIEW UNDERLYING FACTS FROM
MATERIALS SENT BY A. GRESSETT
STUDY FMLA LAW AS APPLICABLE TO A.
GRESSETT CLAIMS

Hours

Rate

Amount

CAP Objections

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$76.00

$1,064.00 Block billing, internal
conference

$76.00 Vague

First entry (.8); second entry (.1).
(Ms. Gressett's counsel has retained
all of these emails.)

First entry, to confirm RCDM
would agree to the representation
by internal partners' meeting (.6);
second entry (.2).

Block billing; reduced
by 20%.

Analysis with trial counsel whether
case can be prosecuted.

First entry (3.0); second entry (.5)
(discussed above).

Email exchange with Plaintiff
Amie Gressett (privileged
communication).

Attorney Blair's .3 time entry is to
apply FMLA law to the Gressett
claims. It is not background
research.

Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

08-16-2012

T. COOK

STUDY COMPLAINT, MOTION TO DISMISS,
RESPONSE, COURT ORDER DENYING SAME,
CREATE TIMELINE OF ALL EVENTS WITH
DETAILED CONTENT OF SAME TO TRACK
HOW EVENTS UNFOLDED TO IDENTIFY
WHERE THINGS WENT WRONG, WHERE
EMPLOYER VIOLATED FMLA AND POSSIBLY
AMERICANS WITH DISABILITIES ACT, BEGIN
DETAILED RESEARCH OF LAW AND
REGULATIONS FOR FMLA AND AMERICANS
WITH DISABILITIES ACT

8.3

380.00

08-20-2012

J. BLAIR

STUDY MATERIALS FROM HER FORMER
ATTORNEY, CONSIDER OPTIONS FOR
REPRESENTATION OF MS. GRESSETT,
TELEPHONE CALLS AND EMAILS WITH HER
AND T. COOK

1.5

380.00

08-20-2012

T. COOK

STUDY EMAIL FROM CLIENT PROSPECT
WITH QUESTIONS TO CLARIFY WHAT WE
WILL AND WILL NOT DO WITH/FOR HER
RELATING TO THE CASE AND HER
INVOLVEMENT WITH THE BAR

0.1

380.00

$38.00 Unrelated to case.

08-21-2012

J. BLAIR

REVIEW WITHDRAWAL LETTER FROM
COUNSEL

0.2

380.00

$76.00 Excessive

08-21-2012

J. BLAIR

0.2

380.00

$76.00

08-29-2012

T. COOK

0.1

380.00

$38.00

09-07-2012

J. BLAIR

0.1

380.00

$38.00

09-10-2012

J. BLAIR

0.2

380.00

$76.00

09-11-2012

J. BLAIR

0.6

380.00

$228.00

09-12-2012

J. BLAIR

REVIEW EXCHANGE BETWEEN T. COOK AND
A. GRESSETT [Privileged Communication]
SEND EMAIL TO PLAINTIFF CLIENT
[Privileged Communication]
EMAIL AND TELEPHONE CALL WITH A.
GRESSETT [Privileged Communication]
TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
TELEPHONE CALLS AND EMAILS WITH A.
GRESSETT [Privileged Communication]
RESEARCH LOUDERMILL DECISION

0.3

380.00

$114.00

09-14-2012

J. BLAIR

0.2

380.00

$76.00

09-18-2012

J. BLAIR

0.1

380.00

$38.00

09-19-2012

J. BLAIR

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
SET UP MEETING WITH T. COOK REGARDING
A. GRESSETT'S REPRESENTATION

0.0

380.00

Gressett Reply

$2,523.20 Block billing, background First entry (.4); second entry (.4);
research, excessive
third entry (.3); fourth entry (.2);
fifth entry (timeline) (6.2); and last
entry (.8). As to the research
criticism, this time entry is
absolutely necessary at the outset of
litigation. As to this being an
excessive charge, a full day's work
should never be considered an
excessive charge.
$456.00 Block billing, excessive,
vague

$0.00 Clerical

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Block billing; reduced
by 20%.

First entry (.4); second entry (.7);
Block billing; reduced
third entry (.4). As to this entry
by 20%.
being excessive, there is no basis
for that criticism, as for it being
vague, the vagueness is due to
privileged communications
between RCDM and Ms. Gressett.
This time entry is absolutely related
to the matter litigated before this
Court, clarifying for Ms. Gressett
(not an attorney) what RCDM
could and could not do on her
behalf.
Securing an understanding of prior
counsel's withdrawal is hardly
excessive at .2.

This is a series of phone calls and
emails that far exceeded .2.

Clerical

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

09-27-2012

T. COOK

MEETING WITH ATTORNEY MESAROS,
MCDOWELL, BLAIR REGARDING NEW
PLAINTIFF CASE REGARDING FMLA
VIOLATION

1.6

380.00

$608.00 Internal Conference

09-28-2012

J. BLAIR

1.5

380.00

$570.00 Vague

09-28-2012

T. COOK

1.5

380.00

$570.00 Vague

09-28-2012

T. COOK

2.0

380.00

$760.00

09-29-2012

T. COOK

0.1

380.00

$38.00

09-29-2012

T. COOK

PORTION OF MEETING WITH A. GRESSETT
[Privileged Communication]
REVIEW FILE MATERIALS FOR CONTENT
AND MISSING INFORMATION TO AID WITH
PROCEEDING WITH CLAIMS AND POSSIBLY
ADDING MORE
LENGTHY MEETING WITH CLIENT [Privileged
Communication]
STUDY EMAIL FROM CLIENT [Privileged
Communication]
RESEARCH AMERICANS WITH DISABILITIES
ACT AS POSSIBLE CLAIM TO ADD TO THIS
CASE

3.0

380.00

$1,140.00 Background research,
Excessive

09-29-2012

T. COOK

RESEARCH FMLA AND CASE LAW FOR
SCOPE OF DAMAGES PERMITTED

2.0

380.00

$760.00 Background research,
Excessive

09-29-2012

T. COOK

RESEARCH RETALIATION CLAIM

1.5

380.00

$570.00 Background research,
Excessive

09-29-2012

T. COOK

0.1

380.00

$38.00

09-29-2012

T. COOK

0.1

380.00

$38.00

09-29-2012

T. COOK

0.9

380.00

$342.00

09-29-2012

T. COOK

0.6

380.00

$228.00

10-01-2012

J. BLAIR

STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]
PREPARE REPORT TO CLIENT WITH CC TO J.
BLAIR [Privileged Communication]
REPORTS TO FILE/BLAIR REGARDING
ADDITIONAL ANALYSIS OF AMERICANS
WITH DISABILITIES ACT AND RETALIATION
CLAIMS
ANALYZE SUMMARY MATERIALS FROM T.
COOK REGARDING A. GRESSETT CLAIMS

0.6

380.00

$228.00

Gressett Reply

This is RCDM's method for
determining what plaintiff cases it
will take and what cases it will not
take. Note that none of the other
RCDM attorneys charged for this
time.
Vague because it is privileged.
This is basic file review in aid of
discovery and/or amendments.

This is what any good attorney
would do early in a case to consider
additional claims and their impact
on existing claims. Early research
like this cannot be considered
excessive.
This is what any good attorney
would do early in a case to consider
additional claims and their impact
on existing claims. Early research
like this cannot be considered
excessive.
This is what any good attorney
would do early in a case to consider
additional claims and their impact
on existing claims. Early research
like this cannot be considered
excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

10-01-2012

T. COOK

10-08-2012

T. COOK

10-08-2012

T. COOK

10-08-2012

T. COOK

10-08-2012

T. COOK

10-15-2012

T. COOK

10-15-2012

T. COOK

10-15-2012

T. COOK

10-16-2012

T. COOK

10-16-2012

T. COOK

10-16-2012

T. COOK

10-18-2012

J. BLAIR

10-18-2012

J. BLAIR

10-18-2012

T. COOK

10-18-2012

T. COOK

10-18-2012

T. COOK

10-18-2012

T. COOK

10-18-2012

T. COOK

10-22-2012

T. COOK

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

STUDY EMAIL FROM CLIENT [Privileged
Communication]
STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]
DRAFT DISCOVERY TO DEFENDANT

0.1

380.00

$38.00

0.1

380.00

$38.00

0.1

380.00

$38.00 Duplicative

Separate email.

0.1

380.00

$38.00 Duplicative

Separate email.

0.9

380.00

$342.00

EMAIL EXCHANGE WITH DEFENDANT
COUNSEL REGARDING THEIR RULE 26
REQUIREMENTS
STUDY EMAIL FROM DEFENDANT COUNSEL
REGARDING RULE 16 REPORT DUE
CONFER WITH ATTORNEY BLAIR
REGARDING AREAS WHERE AMENDMENT
TO COMPLAINT MAY BE WARRANTED
SELECT DATES AND EMAIL TO PLAINTIFF'S
ATTORNEY FOR RULE 16 MEMORANDUM
DRAFT JOINT PROPOSED CASE
MANAGEMENT PLAN
STUDY DEFENDANT'S ANSWER

0.3

380.00

$114.00

0.1

380.00

0.3

380.00

$114.00 Internal Conference

Attorney Blair did not charge for
this discussion.

0.4

380.00

$152.00 Excessive

Select dates (.2); email (.2).

0.8

380.00

$304.00

STUDY DRAFT JOINT PRETRIAL STATEMENT,
MAKE MINOR SUGGESTIONS
EMAIL COMMUNICATIONS ADDRESSING
JOINT PRETRIAL QUESTIONS, REVIEW FINAL
FILING
EVALUATE IMPLICATIONS OF CLIENT
HAVING BEEN GRANTED UNEMPLOYMENT
[Privileged Communication]
REVIEW COMPLAINT, ANSWER, MOTION TO
DISMISS BRIEFS AND COURT ORDER FOR
INFORMATION FOR JOINT CASE
MANAGEMENT REPORT DUE TO THE COURT
PREPARE FIRST ROUND OF DISCOVERY

STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]
STUDY EMAIL FROM CLIENT [Privileged
Communication]

$38.00 Duplicative of above

Separate time entry as to Rule 16.

0.4

380.00

$152.00

0.3

380.00

0.3

380.00

$114.00 Duplicative of T. Cook
10/16/12 entry
$114.00 Block billing

0.3

380.00

$114.00

2.0

380.00

$760.00 Excessive

This entry represents a study of
prior counsel's filings in advance of
joint case management submission.

2.2

380.00

$836.00 Duplicative of 10/8/12
entry

This is a separate draft of discovery
from Plaintiff to Defendant.

0.1

380.00

$38.00

0.1

380.00

$38.00

0.4

380.00

$152.00

This is a review of Attorney Cook's
draft.
First entry (.2); second entry (.1).

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

10-25-2012

Description

T. COOK

EVALUATE SCOPE OF EARLY DISCOVERY TO
BE DONE, DEPOSITIONS TO BE TAKEN,
RESEARCH TO BE COMPLETED AND
FORMULATE MASTER PLAN
10-25-2012
T. COOK
RESEARCH SCOPE OF DAMAGES PERMITTED
BY FMLA
10-26-2012 L. SIMONINI IDENTIFY AND PREPARE PERTINENT
PLEADINGS FOR ATTORNEY USE AT
UPCOMING RULE 16 CONFERENCE
10-26-2012
J. BLAIR
PLAN FOR RULE 16 HEARING ON MONDAY

1.2

380.00

$456.00 Background research

0.3

170.00

0.2

380.00

$76.00 Vague

STUDY OFFER TO SETTLE LETTER FROM
DEFENDANT
STUDY DEFENDANT'S OFFER TO SETTLE

0.4

380.00

0.1

380.00

$38.00 Duplicative of above

SEND EMAIL TO CLIENT [Privileged
Communication]
RULE 16 HEARING BEFORE JUDGE TEILBORG

0.1

380.00

$38.00

1.6

380.00

$608.00

TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
ATTEND COURT HEARING ON RULE 16

1.5

380.00

$570.00

1.6

380.00

$608.00 Duplicative of above
entry

LENGTHY TELEPHONE CALL WITH CLIENT
[Privileged Communication]

1.5

380.00

$570.00 Excessive, vague

STUDY EMAIL FROM CLIENT [Privileged
Communication]
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
T. COOK
EMAIL FROM CLIENT [Privileged
Communication]
L. SIMONINI STUDY COURT FILINGS AND CLIENT
DOCUMENTS IN ORDER TO DRAFT INITIAL
DISCLOSURE
L. SIMONINI DRAFT INITIAL DISCLOSURE

0.1

380.00

$38.00

0.1

380.00

$38.00

0.1

380.00

$38.00 Duplicative of above

1.3

170.00

$221.00

0.8

170.00

$136.00

1.3

170.00

$221.00 Duplicative of 11/9/12
entry

Gressett Reply

$51.00

T. COOK

10-26-2012

T. COOK

10-29-2012

J. BLAIR

10-29-2012

J. BLAIR

10-29-2012

T. COOK

10-29-2012

T. COOK

10-29-2012

T. COOK

11-09-2012

CAP Objections

$152.00

10-26-2012

11-09-2012

Amount

380.00

T. COOK

11-07-2012

Rate

0.4

10-26-2012

11-07-2012

Hours

11-09-2012 L. SIMONINI IDENTIFY AND PREPARE EXHIBITS TO BE
ATTACHED TO INITIAL DISCLOSURE

FMLA damages are a key aspect of
this case.

Every court hearing involves
preparation.

$152.00
Prior entry is an analysis of CAP's
correspondence; this entry is a
consideration of that offer in light
of the stage of the litigation, prior
to the next entry, a communication
with Ms. Gressett.

It was appropriate, even necessary,
that both litigation attorneys attend
the Rule 16 hearing before Judge
Teilborg.
This was a lengthy, privileged
communication between Attorney
Cook and Ms. Gressett.

This is a separate email.

Separate time entry to draft the
initial disclosure from the time
entry to pull exhibits to be attached
to the disclosure statement.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

11-13-2012 L. SIMONINI DETERMINE WHETHER GRESSETT RECEIVED
RIGHT TO SUE LETTER FROM EEOC

0.7

170.00

$119.00 Excessive

11-14-2012

J. BLAIR

PLAN M. COOK'S DEPOSITION

0.1

380.00

$38.00 Clerical

11-14-2012

T. COOK

0.3

380.00

11-14-2012

T. COOK

EDIT AND FINALIZE FIRST SET OF NONUNIFORM INTERROGATORIES AND REQUEST
FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT
ORDER DEPOSITION OF DEFENDANT
WITNESS M. COOK

0.1

380.00

$38.00 Clerical, vague

11-15-2012 L. SIMONINI ADDRESS ISSUES REGARDING DRAFT
DISCLOSURE STATEMENT AND DAMAGES
TO BE SOUGHT
11-15-2012 L. SIMONINI STUDY LIST RECEIVED FROM A. GRESSETT
[Privileged Communication]
11-15-2012
J. BLAIR
REVIEW WITNESSES IDENTIFIED BY A.
GRESSETT

0.4

170.00

$68.00

0.5

170.00

$85.00 Vague

0.2

380.00

$76.00 Duplicative of 11/15/12
entry

11-15-2012

0.1

380.00

$38.00

0.1

170.00

$17.00

0.1

170.00

0.1

170.00

$17.00 Excess billing for email
exchange
$17.00 Clerical

0.6

170.00

$102.00

11-16-2012 L. SIMONINI REDACT AND FINALIZE EXHIBITS TO BE
ATTACHED TO INITIAL DISCLOSURE
11-16-2012
J. BLAIR
REVIEW, REVISE AND ARRANGE FILING OF
INITIAL DISCLOSURE

2.1

170.00

$357.00

0.3

380.00

$114.00 Clerical re: arranging
filing, block billing

11-28-2012

T. COOK

0.1

380.00

$38.00

12-13-2012

T. COOK

EMAIL FROM CLIENT [Privileged
Communication]
EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00

12-14-2012

T. COOK

EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00

Gressett Reply

T. COOK

11-16-2012 L. SIMONINI
11-16-2012 L. SIMONINI
11-16-2012 L. SIMONINI
11-16-2012 L. SIMONINI

EMAIL FROM CLIENT [Privileged
Communication]
DRAFT E-MAIL TO GRESSETT [Privileged
Communication]
STUDY E-MAIL FROM GRESSETT [Privileged
Communication]
DRAFT NOTICE OF SERVICE OF PLAINTIFF'S
INITIAL DISCLOSURE
EDIT AND FINALIZE INITIAL DISCLOSURE

This represents a review of the
entire file for the EEOC right-tosue correspondence.
Planning and preparing for a
witness deposition is not clerical.

$114.00

Attorney Cook's .1 time entry
documents intent to notice the M.
Cook deposition.

Privileged communication with
client.
Attorney Blair's .2 time entry is to
assess Ms. Gressett's identification
of witnesses sought at trial.

A .1 time entry is not an excessive
billing.
A paralegal .1 entry to draft notice
of service is not clerical.

Attorney Blair's .3 time entry for
final review of Plaintiff's initial
disclosure is neither clerical nor
block billing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

12-21-2012

T. COOK

01-03-2013

J. BLAIR

01-03-2013

T. COOK

01-03-2013

T. COOK

01-03-2013

T. COOK

01-03-2013

T. COOK

01-04-2013

T. COOK

01-04-2013

T. COOK

01-04-2013

T. COOK

01-06-2013

T. COOK

01-07-2013

J. BLAIR

01-07-2013

T. COOK

01-07-2013

T. COOK

01-07-2013

T. COOK

Description

Hours

Rate

Amount

CAP Objections

SEND AND RECEIVE EMAILS WITH
DEFENDANT COUNSEL REGARDING
RESPONSES DUE TO OUR DISCOVERY
CONFIRM CAP HAS COMPLETED AND FILED
DISCOVERY RESPONSES

0.2

380.00

$76.00

0.2

380.00

$76.00 Clerical

SEND EMAIL TO DEFENDANT REGARDING
NO DISCOVERY RECEIVED
SEND EMAIL TO CLIENT [Privileged
Communication]
STUDY KEY STATUTORY PROVISIONS AND
DRAFT ADDITIONAL DISCOVERY TO LIMIT
SCOPE OF DISPUTED ISSUES OF FACT AND
LAW AND TO BEGIN TO IDENTIFY SCOPE OF
DAMAGES CLAIM FOR DISCLOSURE
EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00

0.1

380.00

$38.00

0.9

380.00

$342.00

0.1

380.00

$38.00

STUDY DEFENDANT'S RESPONSES TO FIRST
SET OF NON-UNIFORM INTERROGATORIES
STUDY DEFENDANT RESPONSES TO FIRST
SET OF REQUEST FOR PRODUCTION OF
DOCUMENTS AND DOCUMENTS ATTACHED
TWO EMAILS FROM CLIENT [Privileged
Communication]
STUDY MORE DOCUMENTS PRODUCED
WITH DEFENDANT'S INITIAL RESPONSES TO
REQUEST FOR PRODUCTION OF DOCUMENTS
AND NOTATE KEY INFORMATION IN SAME
AS SUPPORT FOR CASE AND FOLLOW-UP
DISCOVERY
REVIEW CLAIMS AVAILABLE TO OUR
CLIENT, INCLUDING TORTIOUS
INTERFERENCE AND AMERICANS WITH
DISABILITIES ACT

0.8

380.00

$304.00

3.7

380.00

$1,406.00

0.1

380.00

$38.00

1.3

380.00

$494.00

0.2

380.00

$76.00 Duplicative of 9/29/12
entry

STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO J. BLAIR WITH STATUTORY
LAW LIMITING DAMAGES BUT WITH AREAS
WHERE WE MIGHT BE ABLE TO CALCULATE
SIGNIFICANT DAMAGES BASED ON
TERMINATION OF JOB AND TORTIOUS
INTERFERENCE WITH CONTRACT
STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00

0.1

380.00

$38.00 Internal Conference

0.1

380.00

$38.00

Gressett Reply

Attorney Blair's .2 time entry to
review CAP's discovery responses
is not clerical.

Attorney Blair's .2 time entry to
consider separate claims against
CAP is not duplicative of Attorney
Cook's research of those potential
claims.

Attorney Cook's .1 time entry
regarding potential damages is not
an internal conference. No one else
billed for this time entry.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

01-08-2013

T. COOK

01-08-2013

T. COOK

01-08-2013

T. COOK

01-09-2013

J. BLAIR

01-09-2013

Description

Hours

Rate

Amount

CAP Objections

STUDY EMAIL FROM CLIENT [Privileged
Communication]
STUDY PLAINTIFF'S RESUME

0.1

380.00

$38.00

0.1

380.00

$38.00

EMAIL FROM CLIENT [Privileged
Communication]
RESEARCH ASSIGNMENT REGARDING
TORTIOUS INTERFERENCE

0.1

380.00

$38.00

0.2

380.00

T. COOK

IDENTIFY ISSUES RELATING TO CLAIM OF
TORTIOUS INTERFERENCE THAT WE NEED
TO RESEARCH ALONG WITH STATUTE OF
LIMITATIONS FOR SAME

0.2

380.00

$76.00 Background research,
duplicative of 1/7/13
entry, vague
$76.00 Duplicative of 1/7/13 and
1/9/13 entries

01-09-2013

T. COOK

0.1

380.00

$38.00

01-13-2013

T. COOK

0.3

380.00

$114.00

01-13-2013

T. COOK

0.5

380.00

$190.00

01-13-2013

T. COOK

0.1

380.00

$38.00

01-14-2013

T. COOK

0.2

380.00

$76.00

01-14-2013

T. COOK

EMAIL FROM CLIENT [Privileged
Communication]
EMAILS EXCHANGE WITH CLIENT [Privileged
Communication]
TELEPHONE CALL WITH CLIENT [Privileged
Communication]
EMAIL FROM CLIENT [Privileged
Communication]
EXCHANGE EMAILS WITH A. GRESSETT
[Privileged Communication]
TWO EMAILS FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excessive billing for
email exchange, see
1/14/13 entry above

01-22-2013

T. COOK

0.1

380.00

$38.00

01-24-2013

T. COOK

EMAIL FROM CLIENT [Privileged
Communication]
EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00

0.7

170.00

0.4

170.00

$68.00

0.4

380.00

$152.00

0.8

380.00

$304.00

0.1

380.00

$38.00

Gressett Reply

01-29-2013 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
EXPERTS TO BE NAMED, DISCOVERY TO BE
PURSUED
01-29-2013 L. SIMONINI STUDY DISCOVERY REQUESTS
PROPOUNDED TO GRESSETT
01-29-2013
J. BLAIR
PLAN DEPOSITIONS AND RETENTION OF
HUMAN RESOURCES EXPERT
01-29-2013
T. COOK
REVIEW STATUS OF CASE AND FUTURE
ACTION PLANS IN LIGHT OF CLIENT'S
UNEMPLOYMENT AND UPCOMING
CALENDARING CONFLICTS AND UPDATE
MASTER PLAN GOING FORWARD
01-29-2013
T. COOK
EMAIL FROM CLIENT [Privileged
Communication]

$119.00 Vague

Attorney Blair's .2 time entry
describes a research assignment to
an RCDM associate attorney.
Attorney Cook's .2 time entry
describes her efforts to see that
proper research be conducted; this
is separate from the other related
entries.

Attorney Cook's .1 privileged
communication for 2 emails from
Ms. Gressett could not be
excessive.

Paralegal Simonini is explaining
her efforts to address assignments
from RCDM attorneys.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

02-04-2013 L. SIMONINI TELEPHONE CALL CLIENT [Privileged
Communication]
02-04-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
02-05-2013 L. SIMONINI TELEPHONE CALL CLIENT [Privileged
Communication]
02-06-2013 L. SIMONINI STUDY DOCUMENTS RECEIVED FROM A,
GRESSETT TO PREPARE RESPONSES TO
DISCOVERY
02-08-2013 L. SIMONINI STUDY DISCLOSURE STATEMENTS IN
ADVANCE OF CLIENT MEETING REGARDING
DISCOVERY RESPONSES

0.2

170.00

$34.00

0.1

170.00

$17.00

0.2

170.00

$34.00

2.7

170.00

$459.00

1.7

170.00

$289.00 Excessive

02-08-2013 L. SIMONINI CONFERENCE WITH CLIENT [Privileged
Communication]
02-08-2013 L. SIMONINI BEGIN DRAFTING RESPONSES TO REQUEST
FOR PRODUCTION OF DOCUMENTS
02-08-2013 L. SIMONINI STUDY GRESSETT'S DRAFT RESPONSE TO
NON-UNIFORM INTERROGATORIES
02-08-2013
T. COOK
MEET AND CONFER WITH CLIENT [Privileged
Communication]
02-12-2013 L. SIMONINI BEGIN STUDY OF DEFENDANT'S
VOLUMINOUS REQUEST FOR PRODUCTION
OF DOCUMENTS RESPONSES IN ORDER TO
PREPARE RESPONSES TO PENDING
DISCOVERY
02-21-2013 L. SIMONINI TELEPHONE CALL DEFENDANT'S ATTORNEY
REGARDING EXTENSION FOR DISCOVERY
RESPONSES
02-21-2013 L. SIMONINI DRAFT E-MAIL TO DEFENDANT'S ATTORNEY
CONFIRMING EXTENSION FOR DISCOVERY
RESPONSES
02-21-2013 L. SIMONINI DRAFT E-MAIL TO A. GRESSETT [Privileged
Communication]
02-21-2013 L. SIMONINI STUDY E-MAIL FROM A. GRESSETT
[Privileged Communication]

1.8

170.00

$306.00

1.1

170.00

$187.00

0.4

170.00

$68.00

0.6

380.00

$228.00

3.7

170.00

$629.00

0.3

170.00

$51.00 Excessive

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange, see
2/21/13 entry above

02-25-2013 L. SIMONINI STUDY FOUR E-MAILS FROM A. GRESSETT
[Privileged Communication]

1.2

170.00

Gressett Reply

$204.00 Excessive

This time entry represents Paralegal
Simonini's review of file materials
before meeting with Plaintiff
Gressett (next entry).

This is time recorded for a phone
conference with CAP's counsel.

Ms. Simonini's .1 time entry to
study an email from Plaintiff
Gressett could hardly be excessive.
Paralegal Simonini's time to study
4 emails from Plaintiff Gressett,
with privileged information in
them, is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

02-28-2013 L. SIMONINI STUDY VOLUMINOUS DOCUMENTS
ATTACHED TO DEFENDANT'S REQUEST FOR
PRODUCTION OF DOCUMENTS RESPONSE IN
ORDER TO DRAFT RESPONSE TO PENDING
DISCOVERY REQUESTS
02-28-2013 L. SIMONINI STUDY VOLUMINOUS DOCUMENTS
ATTACHED TO DEFENDANT'S INITIAL
DISCLOSURE IN ORDER TO DRAFT
RESPONSE TO PENDING DISCOVERY
REQUESTS
02-28-2013 L. SIMONINI BEGIN IDENTIFYING AND PREPARING
DOCUMENTS TO BE ATTACHED TO
RESPONSE TO REQUEST FOR PRODUCTION
OF DOCUMENTS
03-01-2013 L. SIMONINI BEGIN DRAFTING RESPONSE TO REQUEST
FOR PRODUCTION OF DOCUMENTS
03-05-2013 L. SIMONINI STUDY VOLUMINOUS E-MAIL ATTACHED TO
CAP'S INITIAL DISCLOSURE TO IDENTIFY
POTENTIAL WITNESSES TO DISCLOSE

03-07-2013

T. COOK

03-12-2013

T. COOK

03-12-2013

T. COOK

EMAIL EXCHANGE WITH CLIENT [Privileged
Communication]
RESEARCH ON PERMISSIBLE SCOPE OF
DAMAGES CLAIM

WORK ON RESPONSES TO DEFENDANT'S
NON-UNIFORM INTERROGATORIES
03-13-2013 L. SIMONINI STUDY DRAFT NON-UNIFORM
INTERROGATORIES RESPONSES TO
DETERMINE WHETHER ADDITIONAL
INFORMATION NEEDS TO BE
INCORPORATED
03-13-2013
J. BLAIR
REVIEW AND MAKE MINOR MODIFICATIONS
TO DRAFT DISCOVERY RESPONSES

Hours

Rate

Amount

CAP Objections

Gressett Reply

3.3

170.00

$561.00 Excessive - no documents This paralegal time entry references
attached to discovery
response materials from CAP, not
requests
discovery requests.

2.3

170.00

$391.00

0.8

170.00

$136.00

1.4

170.00

$238.00

2.9

170.00

$493.00 Excessive

0.5

380.00

$190.00

3.1

380.00

3.0

380.00

0.6

170.00

$102.00

0.5

380.00

$190.00 Duplicative of T. Cook
3/12/13 entry

Paralegal Simonini's review and
analysis of a voluminous email
from CAP and identification from
that email of witnesses to be
disclosed was not excessive; it was
the time necessary to analyze
CAP's materials to ensure proper
and complete disclosure.

$1,178.00 Background research,
This time entry represents
excessive, duplicative of additional research associated with
9/29/12 entry
Plaintiff Gressett's damages under
the FMLA; should not be
considered background research,
but key to the claims asserted.
$1,140.00

Attorney Blair's .5 time entry is to
review discovery responses before
sending them out the door.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

03-14-2013 L. SIMONINI STUDY VOLUMINOUS DOCUMENTS
RECEIVED FROM A. GRESSETT IN ORDER TO
DOCUMENT HER JOB SEARCHES TO BE
INCLUDED IN NON-UNIFORM
INTERROGATORIES RESPONSE
03-14-2013 L. SIMONINI DRAFT E-MAIL TO A. GRESSETT [Privileged
Communication]
03-14-2013 L. SIMONINI UPDATE RESPONSE TO NON-UNIFORM
INTERROGATORIES TO INCLUDE
INFORMATION REGARDING CURRENT
EMPLOYER AND PAY
03-14-2013
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
03-14-2013
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
03-15-2013 L. SIMONINI DRAFT E-MAIL TO A. GRESSETT [Privileged
Communication]
03-15-2013 L. SIMONINI TELEPHONE CALL A. GRESSETT [Privileged
Communication]
03-15-2013 L. SIMONINI DRAFT VERIFICATION SUPPORTING NONUNIFORM INTERROGATORIES RESPONSES
03-15-2013
T. COOK
FINISH RESPONSES TO NON-UNIFORM
INTERROGATORIES DUE TO DEFENDANT
03-15-2013
T. COOK
REVIEW REQUEST FOR PRODUCTION OF
DOCUMENTS DEMANDS FROM DEFENDANT
AND PLAN FOLLOW-UP NEEDED FOR SAME
03-15-2013
T. COOK
STUDY EMAIL FROM DEFENDANT
REGARDING DISCOVERY DUE
03-15-2013
T. COOK
SEND EMAIL TO DEFENDANT REGARDING
NON-UNIFORM INTERROGATORIES
RESPONSES
03-18-2013 L. SIMONINI STUDY DOCUMENTS RECEIVED FROM
CLIENT AND IDENTIFY THOSE RESPONSIVE
TO REQUEST FOR PRODUCTION OF
DOCUMENTS
03-18-2013 L. SIMONINI FINALIZE RESPONSE TO NON-UNIFORM
INTERROGATORIES
03-18-2013 L. SIMONINI DRAFT VERIFICATION TO NON-UNIFORM
INTERROGATORIES
03-18-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT ATTACHING
VERIFICATION
03-18-2013 L. SIMONINI DRAFT NOTICE OF SERVICE OF DISCOVERY
RESPONSE

Hours

Rate

Amount

CAP Objections

3.6

170.00

$612.00

0.1

170.00

$17.00

0.5

170.00

$85.00

0.3

380.00

$114.00

0.3

380.00

0.1

170.00

$114.00 Duplicative of 3/14/13
entry above, Excessive
$17.00

0.3

170.00

$51.00

0.2

170.00

$34.00

0.9

380.00

$342.00

0.8

380.00

$304.00

0.1

380.00

$38.00

0.1

380.00

$38.00 Excess billing for email
exchange

1.2

170.00

$204.00

0.3

170.00

$51.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Clerical

Gressett Reply

This represents review of a separate
email.

Attorney Cook's .1 time entry
represents an email to CAP's
attorney.

Paralegal preparation of a service
notice, .1, is not clerical.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

03-19-2013 L. SIMONINI DETERMINE WHETHER DES RECORDS HAVE
BEEN RECEIVED AND CAN BE
INCORPORATED INTO REQUEST FOR
PRODUCTION OF DOCUMENTS RESPONSE
03-19-2013 L. SIMONINI DRAFT RESPONSE TO REQUEST FOR
PRODUCTION OF DOCUMENTS
03-27-2013 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING REQUEST FOR PRODUCTION OF
DOCUMENTS RESPONSES
03-27-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING REQUEST FOR PRODUCTION OF
DOCUMENTS RESPONSES
03-27-2013 L. SIMONINI STUDY SECOND E-MAIL FROM CAP
ATTORNEY REGARDING REQUEST FOR
PRODUCTION OF DOCUMENTS RESPONSES
03-27-2013 L. SIMONINI STUDY E-MAIL FROM A. GRESSETT
[Privileged Communication]
03-27-2013 L. SIMONINI STUDY DAMAGES DOCUMENTS RECEIVED
FROM A. GRESSETT TO DETERMINE
WHETHER RESPONSIVE TO REQUEST FOR
PRODUCTION OF DOCUMENTS REQUESTS
03-27-2013

T. COOK

EMAIL EXCHANGES WITH CLIENT [Privileged
Communication]

03-28-2013 L. SIMONINI REVISE RESPONSE TO REQUEST FOR
PRODUCTION OF DOCUMENTS
03-28-2013 L. SIMONINI STUDY PLEADINGS TO IDENTIFY
GOVERNMENTAL AGENCIES AT WHICH A.
GRESSETT FILED COMPLAINT AGAINST CAP
IN ORDER TO INCLUDE INFORMATION IN
REQUEST FOR PRODUCTION OF DOCUMENTS
RESPONSE
03-28-2013 L. SIMONINI DRAFT LETTER TO A. GRESSETT [Privileged
Communication]
03-28-2013 L. SIMONINI STUDY E-MAIL FROM A. GRESSETT
[Privileged Communication]
03-28-2013 L. SIMONINI STUDY COURT ORDERS

Hours

Rate

Amount

CAP Objections

Gressett Reply

1.0

170.00

$170.00 Excessive

A paralegal's 1.0 time entry to
ensure DES materials have been
received for production is not
excessive.
A paralegal's draft response to a
discovery request, 2.1 hours, is not
excessive.

2.1

170.00

$357.00 Excessive

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

A paralegal's .1 time entry to
prepare an email is not excessive.

0.1

170.00

$17.00 Excess billing for email
exchange

A paralegal's .1 time entry to
review an email from CAP's
attorney is not excessive.

0.1

170.00

$17.00

2.3

170.00

$391.00 Excessive

0.5

380.00

$190.00 Vague, excessive

0.8

170.00

$136.00

0.9

170.00

$153.00 Excessive

0.1

170.00

$17.00

0.1

170.00

$17.00

0.2

170.00

$34.00 Vague

A paralegal's review of materials
from Plaintiff Gressett, a 2.3 hour
time entry, as part of a response to
CAP's request for documents, is not
excessive.
Attorney Cook's .5 time entry to
exchange numerous emails with
Plaintiff Gressett (privileged
communications) is neither vague
nor excessive.

A paralegal's review of file
materials, a .9 time entry, to
determine what should be included
in a response to request for
documents is not excessive.

A paralegal's .2 time entry to
review court orders is not vague.
Obviously, she was given an
assignment to locate and review
orders from this Court.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

03-28-2013 L. SIMONINI DRAFT E-MAIL TO A. GRESSETT [Privileged
Communication]

0.1

170.00

03-28-2013 L. SIMONINI BEGIN PREPARING DOCUMENTS TO BE
ATTACHED TO RESPONSE TO REQUEST FOR
PRODUCTION OF DOCUMENTS; I.E., REDACT
PRIVILEGED INFORMATION
03-28-2013
T. COOK
ANALYZE AND FORMULATE STRATEGY TO
PURSUE CASE ON ISSUE OF LIABILITY,
ISSUES OF CONCERN, CONCERNS ABOUT
PROOF AND HOW TO OVERCOME, SET UP
ACTION PLANS

1.7

170.00

3.0

380.00

03-29-2013 L. SIMONINI TWO LENGTHY TELEPHONE CALLS A.
GRESSETT [Privileged Communication]
03-29-2013 L. SIMONINI ADDRESS ISSUES AS TO WHETHER
RECORDING OF CONVERSATIONS IS
LAWFUL

0.7

170.00

0.4

170.00

03-29-2013 L. SIMONINI PREPARE DOCUMENTS RECEIVED FROM A.
GRESSETT TO BE ATTACHED TO REQUEST
FOR PRODUCTION OF DOCUMENTS
RESPONSE
03-29-2013 L. SIMONINI STUDY CAP'S EMPLOYEE HANDBOOK TO
DETERMINE WHETHER AUDIO RECORDING
VIOLATED COMPANY POLICY
03-29-2013 L. SIMONINI STUDY E-MAIL FROM A. GRESSETT
[Privileged Communication]
03-29-2013 L. SIMONINI REVISE RESPONSE TO REQUEST FOR
PRODUCTION OF DOCUMENTS
03-29-2013
J. BLAIR
REVIEW AND APPROVE DISCOVERY
RESPONSES
03-29-2013
J. BLAIR
ADDRESS ARIZONA LAW REGARDING
TAPING CONVERSATIONS

1.4

170.00

$17.00 Excess billing for email
exchange

170.00

$85.00

0.1

170.00

$17.00

0.4

170.00

$68.00

0.3

380.00

$114.00

0.2

380.00

Gressett Reply

$238.00

0.5

CAP Objections

Paralegal Simonini's .1 time entry
to prepare a privileged email to
Plaintiff Gressett is not excessive.

$289.00

$1,140.00 Excessive

This time entry, 3.0 hours, is
obviously a planning effort, to
determine how the case should be
prepared and presented and to set
up action plans to aid the
preparation and presentation. It is
not excessive.

$119.00
$68.00 Vague

$76.00 Vague, duplicative of
3/29/13 entry

This was an assignment to
Paralegal Simonini to determine
whether Plaintiff Gressett's
recording of conversations with her
supervisors was lawful under
Arizona and/or federal law. The
vagueness objection is not wellfounded.

Attorney Blair's .2 time entry to
address the taping issue, referenced
above, is neither vague nor
duplicative. It is an attorney
reviewing what a paralegal located.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-29-2013

T. COOK

STUDY DOCUMENTS TO BE PRODUCED IN
DISCOVERY

4.5

380.00

03-29-2013

T. COOK

1.0

380.00

$380.00

03-29-2013

T. COOK

0.3

380.00

$114.00 Duplicative of entry
above

03-30-2013

T. COOK

0.4

380.00

$152.00

03-30-2013

T. COOK

IDENTIFY WHAT FOLLOW-UP IS NEEDED
FROM CONTENT OF DOCUMENTS REVIEWED
FOR PRODUCTION IN DISCOVERY AND
DELEGATE FOLLOW-UP PROJECTS
ACCORDINGLY
SET UP PLAN OF ACTION REGARDING
DISCOVERY AND ISSUE INSTRUCTIONS
ACCORDINGLY
IDENTIFY QUESTIONS FOR CLIENT AND
SEND EMAIL WITH SAME [Privileged
Communication]
EMAIL EXCHANGES WITH CLIENT [Privileged
Communication]

0.5

380.00

$190.00 Excessive, vague

04-01-2013 L. SIMONINI PREPARE ADDITIONAL RECORDS TO BE
ATTACHED TO RESPONSE TO REQUEST FOR
PRODUCTION OF DOCUMENTS
04-01-2013 L. SIMONINI DRAFT E-MAIL TO GRESSETT [Privileged
Communication]
04-01-2013 L. SIMONINI STUDY E-MAIL FROM GRESSETT [Privileged
Communication]

1.1

170.00

$187.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

04-01-2013 L. SIMONINI STUDY SECOND E-MAIL FROM GRESSETT
[Privileged Communication]

0.1

170.00

$17.00 Excess billing for email
exchange

04-01-2013

0.1

380.00

$38.00 Excess billing for email
exchange

0.1

170.00

$17.00

0.3

380.00

$114.00

T. COOK

Description

SEND EMAIL TO CLIENT [Privileged
Communication]

04-02-2013 L. SIMONINI DRAFT LETTER TO CLIENT [Privileged
Communication]
04-02-2013
J. BLAIR
STUDY LEGAL THEORY DOCUMENTED BY A.
GRESSETT

Hours

Rate

Amount

CAP Objections

$1,710.00 Vague, duplicative

Gressett Reply

Attorney Cook's 4.5 hours
represents a full review of the file
before anything was produced in
discovery. The effort was necessary
to ensure completeness without
duplication.

Attorney Cook's .3 time entry put
in motion action plans developed
above.

Attorney Cook's email exchanges
with Ms. Gressett, a .5 time entry,
are privileged and therefore not
vague. Also, this represents several
email exchanges with Ms. Gressett.

Paralegal Simonini's .1 time entry
to review an email from the client
is not excessive.
Paralegal Simonini's .1 time entry
to review an email from the client
is not excessive.
Attorney Cook's .1 time entry to
send an email to Plaintiff Gressett
is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

04-02-2013

T. COOK

TWO TELEPHONE CALLS WITH ATTORNEY
LEVINE REGARDING CAUSES OF ACTION
FOR CLIENT TO CONSIDER

0.6

380.00

$228.00 Internal Conference

04-02-2013

T. COOK

RESEARCH 1983 CLAIM AND STATUTE OF
LIMITATIONS WHICH RAN BEFORE OUR
INVOLVEMENT

1.7

380.00

$646.00 Excessive, unnecessary

04-03-2013 L. SIMONINI DRAFT AND ELECTRONICALLY SUBMIT
EEOC FREEDOM OF INFORMATION ACT
REQUEST
04-03-2013
J. BLAIR
TELEPHONE CALL WITH J. LEVINE
REGARDING CONTRACT CLAIM

0.2

170.00

$34.00

0.2

380.00

$76.00 Internal Conference

Attorney Blair's short phone
conversation with attorney Levine,
.2, is not an internal conference.

04-03-2013

J. BLAIR

0.2

380.00

$76.00 Internal Conference

04-03-2013

J. BLAIR

0.5

380.00

$190.00 Block Billing

Attorney Blair's .2 time entry to
review the contract claim with
Attorney Cook is not an internal
conference because Ms. Cook did
not charge for this discussion.
First entry (.2); second entry (.2);
and third entry (.1).

0.3

380.00

$114.00 Duplicative of entry on
4/2/13

0.1

380.00

$38.00

0.4

170.00

$68.00

0.3

380.00

$114.00

0.1

380.00

$38.00

1.3

170.00

$221.00

04-03-2013

04-03-2013
04-05-2013

04-05-2013

04-05-2013
04-10-2013

Description

DISCUSS CONTRACT CLAIM WITH T. COOK

STUDY DEMASSE DECISION, POTENTIAL FOR
CONTRACT CLAIM VS. CAP, RELATED EMAIL
TO T. COOK
T. COOK
EVALUATE THE PROPRIETY OF 1983 CLAIM,
CONFIRM TWO YEAR STATUTE OF
LIMITATIONS WHICH RAN BEFORE OUR
INVOLVEMENT
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
L. SIMONINI PREPARE SUPPLEMENTAL REQUEST FOR
PRODUCTION OF DOCUMENTS RESPONSE
REGARDING TAX RETURNS
T. COOK
STUDY CLIENT'S 2011 TAXES WITH ZERO
WAGES AND APPROVE DISCLOSURE OF
SAME
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
L. SIMONINI STUDY CLIENT DOCUMENTS TO IDENTIFY
DOCUMENTS TO SUPPORT DAMAGES

Hours

Rate

Amount

CAP Objections

Gressett Reply

This .6 time entry represents 2
conversations Attorney Cook had
with outside attorney Jack Levine,
a former employer of Ms. Gressett
(to discuss claims Mr. Levine
believed Ms. Gressett should
pursue). It is not an internal
conference.
This time entry from Ms. Cook
represents effort to determine
whether what she learned from
attorney Levine could be useful in
this case. It was neither excessive
nor unnecessary.

Attorney Cook's .3 time entry to
evaluate her research is not
duplicative of any entry, i.e., the
research.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

04-10-2013

Description

T. COOK

Hours

Rate

Amount

CAP Objections

STUDY EMAIL FROM CLIENT [Privileged
Communication]
04-11-2013 L. SIMONINI STUDY CLIENT'S DETAILED E-MAIL
[Privileged Communication]

0.1

380.00

$38.00

0.3

170.00

$51.00 Excessive

04-11-2013

J. BLAIR

REVIEW EMAIL COMMUNICATION FROM A.
GRESSETT [Privileged Communication]

0.2

380.00

$76.00 Excessive

04-11-2013

T. COOK

STUDY LENGTHY EMAIL FROM CLIENT
[Privileged Communication]

0.2

380.00

$76.00 Duplicative of entry
above

04-15-2013 L. SIMONINI STUDY LETTER FROM EEOC RESPONDING TO
FREEDOM OF INFORMATION ACT REQUEST
AND SEEKING ADDITIONAL INFORMATION

0.1

170.00

$17.00

04-17-2013 L. SIMONINI DRAFT E-MAIL TO EEOC REGARDING
FREEDOM OF INFORMATION ACT REQUEST
04-17-2013 L. SIMONINI IDENTIFY PLEADINGS TO BE SENT TO EEOC
TO SUPPORT FREEDOM OF INFORMATION
ACT REQUEST

0.1

170.00

$17.00

0.4

170.00

$68.00 Excessive

04-17-2013 L. SIMONINI STUDY E-MAIL FROM EEOC REGARDING
PENDING FREEDOM OF INFORMATION ACT
REQUEST
04-17-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
04-22-2013 L. SIMONINI MEETING WITH CLIENT [Privileged
Communication]
04-22-2013 L. SIMONINI BEGIN STUDY OF DISCLOSURE DOCUMENTS
TO CREATE ANALYSIS FOR DAMAGES TO BE
SOUGHT

0.1

170.00

$17.00 Excessive

0.1

170.00

$17.00

0.3

170.00

$51.00

2.6

170.00

$442.00 Duplicative of 2/28/13
entry

04-22-2013

1.5

380.00

$570.00

0.9

170.00

$153.00

Gressett Reply

T. COOK

MEET AND CONFER WITH CLIENT [Privileged
Communication]
04-23-2013 L. SIMONINI LISTEN TO AUDIO RECORDS OF
CONVERSATIONS WITH CLIENT AND M.
COOK IN ADVANCE OF HAVING SAME
TRANSCRIBED

Paralegal Simonini's .3 time entry
to study a privileged
communication from attorney
Gressett (which was detailed) is
not excessive.
Attorney Blair's separate review of
the Gressett email, a .2 time entry,
is likewise not excessive.
Attorney Cook's separate review of
the Gressett communication, .2,
does not duplicate any time entry.
It is the trial attorney's study of Ms.
Gressett's privileged
communication.

Paralegal Simonini's .4 time entry
to determine how to support an
EEOC FOIA request is not
excessive.
A paralegal's .1 time entry to
review an email from EEOC is not
excessive.

Paralegal Simonini's analysis of
documents disclosed to date to
prepare a damage analysis is not
duplicative of any prior effort on
her part.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

04-23-2013 L. SIMONINI COMPARE AUDIO FILES RECEIVED FROM
CLIENT YESTERDAY TO HARD COPY
TRANSCRIPTS AND ELECTRONIC FILES
RECEIVED PREVIOUSLY TO DETERMINE
WHETHER ALL AUDIO HAD BEEN
IDENTIFIED AND RECEIVED
04-24-2013 L. SIMONINI STUDY LETTER FROM EEOC RESPONDING TO
FREEDOM OF INFORMATION ACT REQUEST

1.7

170.00

$289.00

0.1

170.00

$17.00

04-24-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
04-26-2013 L. SIMONINI CONTINUE STUDY OF DISCLOSURE
DOCUMENTS TO CREATE ANALYSIS OF
POTENTIAL DAMAGES

0.1

170.00

$17.00

1.7

170.00

$289.00 Excessive, duplicative of This time entry represents Paralegal
4/22/13 entry
Simonini's continuing effort to
create a damages analysis for the
attorneys on this matter. It is
neither duplicative nor excessive.

04-26-2013 L. SIMONINI STUDY TRANSCRIPTS PREPARED BY OUR
OFFICE OF AUDIO RECORDINGS

0.9

170.00

$153.00 Duplicative of entry on
4/23/13

04-29-2013 L. SIMONINI ADDRESS ISSUES REGARDING UPCOMING
EXPERT DISCLOSURE DEADLINE

1.7

170.00

$289.00 Excessive

04-29-2013 L. SIMONINI TELEPHONE CALL EXPERT G. MCRAE
REGARDING EXPERT DISCLOSURE

0.1

170.00

$17.00 Duplicative of below
entry

04-29-2013 L. SIMONINI LENGTHY TELEPHONE CALL EXPERT G.
MCRAE REGARDING EXPERT DISCLOSURE
04-29-2013 L. SIMONINI STUDY SCHEDULING ORDER TO VERIFY
THAT PROPER DISCLOSURE IS BEING MADE
REGARDING EXPERTS
04-29-2013
J. BLAIR
CONFIRM EXPERT G. MCRAE IS MEETING BY
PHONE WITH T. COOK TOMORROW AM,
REPORT DUE BY END OF THE WEEK

0.3

170.00

$51.00

0.2

170.00

$34.00

0.0

380.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$0.00 Clerical; Excessive

Paralegal Simonini's review of
office transcripts is a continuation
of her 4/23 review, not duplicative
of that effort.
Paralegal Simonini's assignment to
determine how to meet Plaintiff
Gressett's expert disclosure
deadline, 1.7 hours, is not
excessive. She was asked to
confirm the deadlines and consider
what areas of expertise might be
necessary in this case.
Paralegal Simonini's telephone call
and message to Expert McRae, .1,
is not duplicative of the
conversation she had in the next
time entry.

Attorney Blair's .3 time entry to
confirm Expert McRae's views
would be shared with Attorney
Cook in a timely manner is neither
clerical nor excessive.

Clerical

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

04-30-2013 L. SIMONINI TELEPHONE CALL EXPERT G. MCRAE
REGARDING UPCOMING EXPERT
DISCLOSURE
04-30-2013 L. SIMONINI SECOND TELEPHONE CALL EXPERT G.
MCRAE REGARDING UPCOMING EXPERT
DISCLOSURE
04-30-2013 L. SIMONINI THIRD TELEPHONE CALL EXPERT G. MCRAE
REGARDING UPCOMING EXPERT
DISCLOSURE
04-30-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT G. MCRAE
REGARDING UPCOMING EXPERT
DISCLOSURE DEADLINE
04-30-2013 L. SIMONINI TELEPHONE CALL ATTORNEY BIDDLE
REGARDING STIPULATION TO EXTEND
EXPERT DISCLOSURE DEADLINES
04-30-2013 L. SIMONINI SECOND TELEPHONE CALL ATTORNEY
BIDDLE REGARDING STIPULATION TO
EXTEND DEADLINES
04-30-2013 L. SIMONINI DRAFT E-MAIL TO ATTORNEY BIDDLE
REGARDING STIPULATION

0.2

170.00

$34.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive

04-30-2013 L. SIMONINI STUDY E-MAIL FROM ATTORNEY BIDDLE
REGARDING STIPULATION

0.1

170.00

$17.00 Excess billing for email
exchange

04-30-2013 L. SIMONINI DRAFT STIPULATION TO EXTEND EXPERT
DISCLOSURE DEADLINES
04-30-2013 L. SIMONINI DRAFT ORDER GRANTING STIPULATION TO
EXTEND EXPERT DISCLOSURE DEADLINES
04-30-2013 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS TO IDENTIFY MATERIALS TO
BE SENT TO EXPERT MCRAE FOR HER USE IN
PROVIDING EXPERT REPORT
04-30-2013 L. SIMONINI ADDRESS ISSUES REGARDING IMPACT ON
PRETRIAL DATES IF EXPERT DISCLOSURE
DEADLINE IS MOVED

0.2

170.00

$34.00

0.1

170.00

$17.00

1.6

170.00

$272.00

0.5

170.00

04-30-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING DEADLINE FOR EXPERT
DISCLOSURE
04-30-2013
J. BLAIR
STUDY GRESSETT FILE, PULL MATERIALS
THAT MAY BE HELPFUL TO EXPERT MCRAE

0.1

170.00

0.6

380.00

Gressett Reply

$85.00 Excessive, vague

$17.00 Excessive billing for
email exchange of
4/30/13 entry
$228.00

A paralegal's .1 time entry to
prepare an email to CAP's attorney
is not excessive.
A paralegal's .1 time entry to
review an email from counsel is
likewise not excessive.

Paralegal Simonini's .5 time entry
to advise attorneys how other
pretrial dates might be impacted if
the expert disclosure deadline is
pushed back is neither excessive
nor vague.
A paralegal's .1 time entry to
review an email is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

04-30-2013

J. BLAIR

EMAIL COMMUNICATIONS REGARDING
EXPERT REPORT, TIMING AND FORMAT

0.5

380.00

04-30-2013

J. BLAIR

0.4

380.00

05-01-2013

J. BLAIR

TELEPHONE CALL WITH DEFENSE
ATTORNEY CONFIRMING ONE WEEK
EXTENSION, REVIEW AND APPROVE FOR
FILING STIPULATION DOCUMENTING SAME
REVIEW RESEARCH REGARDING HUMAN
FACTORS EXPERTISE

$190.00 Vague, excessive, internal Attorney Blair's .5 time entry to
conference (email)
understand that the McRae expert
report would be timely available
and in a format acceptable to the
federal court is neither vague nor
excessive. It is not an internal
conference.
$152.00 Block Billing, Excessive First entry (.1); second entry (.3).

0.5

380.00

$190.00 Vague

05-02-2013 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT AND
WHETHER SHE CAN TESTIFY ON GRESSETT'S
BEHALF

1.2

170.00

$204.00 Excessive, vague

05-03-2013 L. SIMONINI TWO TELEPHONE CALLS P. BJORKLUND
REGARDING DAMAGES ANALYSIS
05-03-2013 L. SIMONINI STUDY WESTLAW INFORMATION TO
IDENTIFY DAMAGES ALLOWED RELATED TO
FMLA DAMAGES

0.4

170.00

1.1

170.00

05-03-2013 L. SIMONINI THREE TELEPHONE CALLS G. MCRAE
REGARDING EXPERT DISCLOSURE
05-03-2013 L. SIMONINI DRAFT E-MAIL TO P. BJORKLUND
REGARDING DAMAGES ANALYSIS
05-03-2013 L. SIMONINI STUDY E-MAIL FROM P. BJORKLUND
REGARDING DAMAGES DISCLOSURE
05-03-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT BJORKLUND
CONFIRMING NO CONFLICTS
05-03-2013 L. SIMONINI IDENTIFY AND PREPARE MATERIALS TO BE
ELECTRONICALLY SENT TO G. MCRAE IN
ORDER FOR HER TO PREPARE EXPERT
DISCLOSURE

0.4

170.00

$68.00

0.1

170.00

$17.00

0.1

170.00

0.1

170.00

2.6

170.00

Attorney Blair's .5 time entry to
determine whether a human factors
expert was necessary in this case is
not vague.
Paralegal Simonini's 1.2 time entry
to address assignments from
attorneys about Expert McRae's
ability to testify on human
resources issues is neither excessive
nor vague.

$68.00
$187.00 Excessive, duplicative of Paralegal Simonini's 1.1 time entry
3/12/13 entry,
to supplement her earlier damages
background research
analysis based on Westlaw
information is neither excessive nor
duplicative of earlier efforts to
perform the analysis. Further, it is
not background research, but
FMLA damages research.

$17.00 Excess billing for email
exchange
$17.00 Excess billing for email
exchange
$442.00 Excessive

A paralegal's .1 time entry to
review an email is not excessive.
A paralegal's .1 time entry to
review an email is not excessive.
Paralegal Simonini's 2.6 time entry
to create a subfile for Expert
McRae is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

05-03-2013 L. SIMONINI BEGIN TO IDENTIFY FINANCIAL DAMAGES
FOR P. BJORKLUND'S USE IN PREPARING
DAMAGES ANALYSIS
05-03-2013 L. SIMONINI DRAFT E-MAIL TO P. BJORKLUND
REGARDING COMPLAINT AND ANSWER
05-03-2013 L. SIMONINI DRAFT E-MAIL TO G. MCRAE REGARDING
MATERIALS TO BE ANALYZED TO PREPARE
EXPERT REPORT
05-03-2013
J. BLAIR
PLAN EXPERT WITNESS TESTIMONY,
INCLUDING DAMAGES EXPERT BJORKLUND

1.3

170.00

$221.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.5

380.00

05-04-2013

STUDY EMAIL FROM CLIENT [Privileged
Communication]
05-06-2013 L. SIMONINI FOUR TELEPHONE CALLS P. BJORKLUND
REGARDING EXPERT DISCLOSURE
05-06-2013 L. SIMONINI STUDY E-MAIL FROM G. MCRAE REGARDING
ELECTRONIC DOCUMENTS

0.1

380.00

$38.00

0.6

170.00

$102.00

0.1

170.00

$17.00 Vague

05-06-2013 L. SIMONINI DRAFT E-MAIL TO G. MCRAE REGARDING
RETAINER AND AGREEMENT
05-06-2013 L. SIMONINI CONFERENCE CALL P. BJORKLUND AND
ATTORNEY COOK REGARDING EXPERT
DISCLOSURE
05-06-2013 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT
MCRAE'S FEES

0.1

170.00

$17.00

0.3

170.00

$51.00

0.4

170.00

$68.00 Excessive, vague

05-06-2013 L. SIMONINI STUDY CAP'S DISCLOSURE DOCUMENTS
AND REQUEST FOR PRODUCTION OF
DOCUMENTS RESPONSES TO IDENTIFY
RECORDS FOR EXPERT BJORKLUND'S USE IN
DRAFTING DAMAGES ANALYSIS
05-06-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING DOCUMENTS SUPPORTING
DISCLOSURE
05-06-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING DOCUMENTS SUPPORTING
DAMAGES

2.6

170.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

A paralegal's .1 time entry to
prepare emails for Plaintiff
Gressett's experts is not excessive.

05-06-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING FEDERAL REQUIREMENTS FOR
EXPERT DISCLOSURE

0.1

170.00

$17.00 Excess billing for email
exchange

A paralegal's .1 time entry to
prepare emails for Plaintiff
Gressett's experts is not excessive.

05-06-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING FEDERAL REQUIREMENTS FOR
EXPERT DISCLOSURE

0.1

170.00

$17.00

T. COOK

$190.00 Vague

$442.00 Excessive

Attorney Blair's .5 time entry to
develop a plan for use of damages
Expert Bjorklund is not vague.

A paralegal's .1 time entry to
review an email from Expert
McRae is not vague.

Paralegal Simonini's assignment to
address Expert McRae's fees is
neither excessive nor vague.
Paralegal Simonini's 2.6 time entry
to create a subfile for Expert
Bjorklund's use is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

05-06-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING DISCLOSURE DOCUMENTS
SUPPORTING DAMAGES CALCULATION

0.1

170.00

$17.00 Excess billing for email
exchange

A paralegal's .1 time entry to
prepare emails for Plaintiff
Gressett's experts is not excessive.

05-06-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING MISCELLANEOUS DOCUMENTS
SUPPORTING DAMAGES CALCULATION

0.1

170.00

$17.00 Excess billing for email
exchange

A paralegal's .1 time entry to
prepare emails for Plaintiff
Gressett's experts is not excessive.

05-06-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING ADDITIONAL TAX RETURNS
FOR DAMAGES ANALYSIS

0.1

170.00

$17.00 Excess billing for email
exchange

A paralegal's .1 time entry to
prepare emails for Plaintiff
Gressett's experts is not excessive.

05-06-2013 L. SIMONINI TWO TELEPHONE CALLS CLIENT [Privileged
Communication]
05-06-2013 L. SIMONINI STUDY FACSIMILE FROM CLIENT [Privileged
Communication]

0.4

170.00

$68.00

0.8

170.00

05-06-2013 L. SIMONINI PREPARE TAX DOCUMENTS RETURNS TO BE
FORWARDED TO EXPERT BJORKLUND AND
TO BE DISCLOSED
05-06-2013 L. SIMONINI PREPARE SUMMARY OF RECORDS SENT TO
EXPERT MCRAE TO BE INCORPORATED INTO
EXPERT DISCLOSURE
05-06-2013 L. SIMONINI PREPARE SUMMARY OF RECORDS SENT TO
EXPERT BJORKLUND TO BE INCORPORATED
INTO EXPERT DISCLOSURE
05-06-2013 L. SIMONINI ADDRESS ISSUES REGARDING ADDITIONAL
DAMAGES DOCUMENTS NEEDED

0.0

170.00

$0.00

0.8

170.00

$136.00

0.8

170.00

$136.00

0.4

170.00

$68.00 Excessive, vague

05-06-2013

REVIEW EXPERT REQUIREMENTS UNDER
FEDERAL RULES
05-06-2013
T. COOK
TELEPHONE CALL WITH EXPERT
BJORKLUND REGARDING WHAT IS NEEDED
FOR DAMAGE CALCULATIONS
05-06-2013
T. COOK
EMAILS WITH CLIENT [Privileged
Communication]
05-07-2013 L. SIMONINI LENGTHY TELEPHONE CALL STATE
RETIREMENT SYSTEM REGARDING CLIENTS
BENEFITS

0.2

380.00

$76.00

0.4

380.00

$152.00

0.3

380.00

$114.00

0.4

170.00

$68.00 Unrelated to lawsuit

05-07-2013 L. SIMONINI TWO TELEPHONE CALLS CLIENT [Privileged
Communication]

0.3

170.00

$51.00

J. BLAIR

$136.00 Excessive

A paralegal's .8 time entry to study
a facsimile from Plaintiff Gressett
is not excessive because it attached
numerous documents.

Paralegal Simonini's .4 time entry
to address additional damages
documents is neither excessive nor
vague, but part of her damages
analysis referenced and discussed
above.

Paralegal Simonini's .4 time entry
to seek to understand Plaintiff
Gressett's benefits is related to this
suit.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

05-07-2013 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING REPORT
05-07-2013 L. SIMONINI STUDY CLIENT'S E-MAIL [Privileged
Communication]
05-07-2013 L. SIMONINI CONFERENCE CALL ATTORNEY COOK,
EXPERT BJORKLUND AND CLIENT
REGARDING DAMAGES ANALYSIS
05-07-2013 L. SIMONINI TELEPHONE CALL EXPERT MCRAE
REGARDING EXPERT DISCLOSURE
05-07-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING EXPERT DISCLOSURE
05-07-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING EXPERT DISCLOSURE

0.3

170.00

$51.00

0.1

170.00

$17.00

0.4

170.00

$68.00

0.3

170.00

$51.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

05-07-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
05-07-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

05-07-2013

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.2

380.00

$76.00 Duplicative

05-07-2013

T. COOK

STUDY SECOND EMAIL FROM CLIENT
[Privileged Communication]

0.2

380.00

$76.00 Duplicative

0.1

170.00

$17.00

0.4

170.00

$68.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.5

170.00

$85.00

0.1

170.00

$17.00

0.1

170.00

$17.00

1.6

170.00

$272.00

Gressett Reply

05-08-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
05-08-2013 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING DAMAGES ANALYSIS
05-08-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING RETIREMENT STATEMENT
05-08-2013 L. SIMONINI TELEPHONE CALL CLIENT [Privileged
Communication]
05-08-2013 L. SIMONINI CONFERENCE CALL ATTORNEY COOK AND
EXPERT BJORKLUND REGARDING REPORT
05-08-2013 L. SIMONINI TELEPHONE CALL G. McRae REGARDING
PLAINTIFF'S REQUEST FOR PRODUCTION OF
DOCUMENTS RESPONSES
05-08-2013 L. SIMONINI DRAFT E-MAIL TO G. McRae REGARDING
PLAINTIFF'S REQUEST FOR PRODUCTION OF
DOCUMENTS RESPONSES
05-08-2013 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
DAMAGES DOCUMENTS TO BE ATTACHED
TO SUPPLEMENTAL DISCLOSURE
STATEMENT

A paralegal's .1 time entry to
review an email from an expert is
not excessive.

A paralegal's .1 time entry to
prepare an email to Plaintiff
Gressett is not excessive.
This represents a separate email
and is not duplicative of any other
review by Attorney Cook.
This represents a separate email
and is not duplicative of any other
review by Attorney Cook.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

05-08-2013 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
DISCOVERY RECORDS TO BE FORWARDED
TOEXPERT MCRAE
05-08-2013 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
DAMAGES DOCUMENTS TO BE FORWARDED
TO EXPERT BJORKLUND
05-08-2013
T. COOK
TWO TELEPHONE CALLS WITH CLIENT
[Privileged Communication]
05-09-2013 L. SIMONINI CONFERENCE CALL EXPERT BJORKLUND
AND ATTORNEY COOK REGARDING
DAMAGES CALCULATION
05-09-2013 L. SIMONINI TWO TELEPHONE CALLS CLIENT [Privileged
Communication]
05-09-2013 L. SIMONINI DRAFT SUMMARY OF MATERIALS TO
EXPERT BJORKLUND TO BE INCLUDED WITH
EXPERT DISCLOSURE

Hours

Rate

Amount

CAP Objections

1.8

170.00

$306.00 Excessive

1.6

170.00

$272.00 Excessive

0.5

380.00

$190.00

0.4

170.00

$68.00

0.3

170.00

$51.00

0.8

170.00

$136.00 Duplicative of entry on
5/6/13

05-09-2013 L. SIMONINI DRAFT SUMMARY OF MATERIALS TO
EXPERT MCRAE TO BE INCLUDED WITH
EXPERT DISCLOSURE

0.9

170.00

$153.00 Duplicative of entry on
5/6/13

05-09-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING ADDITIONAL DAMAGES
MATERIALS
05-09-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING TRANSCRIPTS
05-09-2013 L. SIMONINI TELEPHONE CALL EXPERT MCRAE
REGARDING TRANSCRIPTS
05-09-2013 L. SIMONINI CONFERENCE CALL EXPERT BJORKLUND
AND ATTORNEY COOK REGARDING REPORT
05-09-2013 L. SIMONINI STUDY E-MAIL AND ATTACHMENT FROM
CLIENT [Privileged Communication]
05-09-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING W-2
05-09-2013 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING W-2
05-09-2013 L. SIMONINI STUDY BJORKLUND'S DRAFT EXPERT
REPORT

0.1

170.00

$17.00

0.1

170.00

$17.00

0.3

170.00

$51.00

0.4

170.00

$68.00

0.2

170.00

$34.00

0.1

170.00

$17.00

0.2

170.00

$34.00

0.8

170.00

Gressett Reply

$136.00 Duplicative of 5/9/13
entry by T. Blair

A paralegal's assignment to create
an additional subfile for Expert
McRae is not excessive.
A paralegal's assignment to create
an additional subfile for Expert
Bjorklund is not excessive.

Paralegal Simonini's .8 time entry
to prepare a portion of the expert
disclosure is not duplicative of any
work she had done before.
Paralegal Simonini's .9 time entry
to prepare a portion of the expert
disclosure is not duplicative of any
work she had done before.

Paralegal Simonini's .8 time entry
to review Bjorklund's draft expert
report for formatting issues is not
duplicative of Attorney Blair's
review of the Bjorklund draft
report.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

05-09-2013 L. SIMONINI STUDY EXPERT MCRAE'S DRAFT EXPERT
REPORT

0.8

170.00

$136.00 Duplicative of 5/9/13
entry by T. Blair

05-09-2013

J. BLAIR

0.9

380.00

$342.00

05-09-2013

J. BLAIR

0.5

380.00

$190.00

05-09-2013

T. COOK

0.4

380.00

$152.00

05-09-2013

T. COOK

0.6

380.00

$228.00

05-09-2013

T. COOK

1.2

380.00

$456.00 Duplicative of J. Blair
5/9/13 entries

05-10-2013 L. SIMONINI TELEPHONE CALL EXPERT MCRAE
REGARDING DRAFT REPORT
05-10-2013 L. SIMONINI PREPARE BJORKLUND'S EXPERT REPORT TO
BE ATTACHED TO SUPPLEMENTAL
DISCLOSURE STATEMENT

0.4

170.00

$68.00

0.3

170.00

$51.00 Clerical

05-10-2013 L. SIMONINI PREPARE EXPERT MCRAE'S REPORT TO BE
ATTACHED TO SUPPLEMENTAL
DISCLOSURE STATEMENT

0.3

170.00

$51.00 Clerical

05-10-2013 L. SIMONINI DRAFT SUPPLEMENTAL DISCLOSURE
STATEMENT REGARDING EXHIBITS
05-10-2013 L. SIMONINI PREPARE ADDITIONAL DAMAGES
MATERIALS TO BE ATTACHED TO
SUPPLEMENTAL DISCLOSURE STATEMENT
05-10-2013 L. SIMONINI DRAFT NOTICE OF SERVICE OF
SUPPLEMENTAL DISCLOSURE STATEMENT

0.4

170.00

$68.00

0.7

170.00

$119.00

0.1

170.00

$17.00 Clerical

05-10-2013 L. SIMONINI STUDY E-MAIL FROM GRESSETT [Privileged
Communication]
05-10-2013 L. SIMONINI DRAFT E-MAIL TO GRESSETT [Privileged
Communication]
05-10-2013 L. SIMONINI DRAFT 26(A)(2) DISCLOSURE OF EXPERTS

0.1

170.00

$17.00

0.1

170.00

0.3

170.00

$17.00 Excessive billing for
email exchange
$51.00

Gressett Reply

STUDY DRAFT REPORT FROM EXPERT
MCRAE, MAKE MINOR SUGGESTIONS
STUDY DRAFT REPORT FROM EXPERT
BJORKLUND
TELEPHONE CALL WITH P. BJORKLUND
REGARDING ECONOMIC LOSSES
TELEPHONE CALL WITH G. MCRAE
REGARDING STANDARD OF CARE ANALYSIS
STUDY REPORTS FROM BOTH EXPERTS, EDIT
SAME AND APPROVE SAME

Paralegal Simonini's .8 time entry
to review McRae's draft expert
report for formatting issues is not
duplicative of Attorney Blair's
review of the Bjorklund draft
report.

Attorney Cook's separate review of
the expert reports and editing of
same is not duplicative of Attorney
Blair's analysis of those reports.

Paralegal Simonini's .3 time entry
to prepare the supplemental
disclosure for the expert report is
not clerical.
Paralegal Simonini's .3 time entry
to prepare the supplemental
disclosure for the expert report is
not clerical.

A paralegal's .1 time entry to
prepare a notice of service is not
clerical.

A paralegal's .1 time entry to
prepare an email is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

05-10-2013 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT
DISCLOSURE AND FINALIZATION OF SAME

2.3

170.00

05-10-2013

J. BLAIR

0.6

380.00

05-10-2013

J. BLAIR

0.2

380.00

05-13-2013 L. SIMONINI ADDRESS ISSUES REGARDING
SUPPLEMENTATION OF REQUEST FOR
PRODUCTION OF DOCUMENTS RESPONSES

0.8

170.00

05-14-2013 L. SIMONINI CONTINUED STUDY OF DEFENDANT'S
VOLUMINOUS REQUEST FOR PRODUCTION
OF DOCUMENTS RESPONSE TO IDENTIFY M.
COOK ISSUES, ADDITIONAL DAMAGES
SUPPORT
05-14-2013 L. SIMONINI CONTINUED STUDY OF DEFENDANT'S
VOLUMINOUS INITIAL DISCLOSURE
STATEMENT AND SUPPLEMENTAL
DISCLOSURE STATEMENT TO IDENTIFY M.
COOK ISSUES, ADDITIONAL DAMAGES
SUPPORT
05-14-2013
J. BLAIR
STUDY SEVENTH CIRCUIT DECISION
SUPPORTIVE OF OUR FMLA CLAIMS

3.2

170.00

3.2

170.00

$544.00 Excessive, duplicative of Paralegal Simonini's 3.2 time entry
entry above
to continue the substantial
assignment described above is
neither excessive nor duplicative.

1.0

380.00

$380.00 Excessive

05-15-2013 L. SIMONINI STUDY MARICOPA COUNTY AND FEDERAL
DISTRICT COURTS TO DETERMINE WHETHER
FORMER SUPERVISOR M. COOK HAS
ADDITIONAL ALLEGATIONS REGARDING
HARASSMENT

1.7

170.00

05-20-2013

ADDRESS POTENTIAL CONTRACT CLAIM VS.
CAP

0.2

380.00

05-21-2013 L. SIMONINI ADDRESS ISSUES REGARDING DISCOVERY
TO BE COMPLETED, DEPOSITIONS TO BE
TAKEN IN ADVANCE OF DISCOVERY CUTOFF

1.7

170.00

J. BLAIR

REVIEW AND APPROVE EXPERT REPORTS,
ARRANGE FILING AND NOTICE, RELATED
EMAIL EXCHANGE WITH A. GRESSETT
REVIEW AND APPROVE SUPPLEMENTAL
DISCLOSURE

$391.00 Excessive, vague

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Paralegal Simonini's 2.3 time entry
represents her assignment to
confirm the final expert reports
conform to the federal rules and the
issues relevant to this case is
neither excessive nor vague.
$182.40 Block Billing, clerical re: First entry (.2); second entry (to
Block billing; reduced
arranging filing
review and approve the filing
by 20%.
notification) (.2); third entry (.2).
$76.00 Excessive, duplicative
Attorney Blair's (.2) time entry to
review and approve the entire
supplemental disclosure is neither
excessive nor duplicative.
$136.00 Excessive
Paralegal Simonini's .8 time entry,
an assignment to determine
whether supplementation of
discovery responses was necessary,
is not excessive.
$544.00 Excessive, block billing First time entry (2.5); second time
entry (.7). This paralegal effort
was not excessive in light of the
size of the file reviewed.

Attorney Blair's 1.0 time entry to
review a relevant 7th Circuit
decision is not excessive.
$289.00 Excessive
Paralegal Simonini's 1.7 time entry
to study court files for any other
claims against CAP's supervisor
Cook is not excessive, particularly
given the allegations in this
litigation.
$76.00 Duplicative of 1/9/13 and Attorney Blair's .2 time entry to
4/13/13 entries
revisit the potential contract claim
vs. CAP is not duplicative of the
earlier efforts.
$289.00 Excessive
Paralegal Simonini's assignment to
address discovery issues given the
upcoming discovery cutoff, at 1.7
hours, is not excessive.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

05-21-2013 L. SIMONINI DRAFT E-MAIL TO DEFENSE COUNSEL
REGARDING DEPOSITIONS
05-21-2013 L. SIMONINI STUDY CAP'S VOLUMINOUS RESPONSE TO
REQUEST FOR PRODUCTION OF DOCUMENTS
RESPONSES TO IDENTIFY DOCUMENTS
SUPPORTING PREVIOUS ISSUES WITH
MANAGEMENT

0.1

170.00

4.3

170.00

$731.00 Excessive, duplicative of Paralegal Simonini's assignment to
5/14/13 and 1/4/13
identify documents supporting
entries
claims against CAP's management,
which took 4.3 hours, is not
excessive or duplicative of other
paralegal assignments.

05-21-2013

T. COOK

0.5

380.00

$190.00

05-21-2013

T. COOK

1.0

380.00

$380.00

3.5

170.00

$595.00 Vague

0.1

170.00

$17.00

0.1

170.00

$17.00

1.2

170.00

$204.00 Excessive

05-23-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING REBUTTAL DEADLINE

0.1

170.00

$17.00 Excessive

05-23-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT BJORKLUND
REGARDING REBUTTAL DEADLINE

0.1

170.00

$17.00 Excessive

05-23-2013 L. SIMONINI STUDY STATE AND FEDERAL COURT
DOCKETS TO DETERMINE WHETHER CAP
HAS PREVIOUSLY HAD SUIT BROUGHT
REGARDING EMPLOYMENT MATTERS

3.3

170.00

$561.00 Excessive

05-28-2013 L. SIMONINI STUDY MATERIALS FROM CLIENT RECEIVED
VIA E-MAIL TO DETERMINE WHETHER
ADDITIONAL DOCUMENTS SHOULD BE
DISCLOSED

2.7

170.00

$459.00

05-22-2013 L. SIMONINI

05-23-2013 L. SIMONINI
05-23-2013 L. SIMONINI
05-23-2013 L. SIMONINI

TELEPHONE CALL WITH CLIENT [Privileged
Communication]
EVALUATE AND UPDATE ACTION PLANS
BASED ON RESULTS FROM EXPERTS,
DEADLINES, FACTUAL ISSUES TO NAIL
DOWN, COST CONTAINMENT AS POSSIBLE;
UPDATE PLAN OF ACTION
STUDY CAP'S NARRATIVE REPORTS
SUBMITTED TO DEPARTMENT OF LABOR
AND COMPARE TO CORRESPONDENCE AND
TRANSCRIPTS TO IDENTIFY DISCREPANCIES
IN CAP'S SUBMISSIONS
DRAFT E-MAIL TO EXPERT MCRAE
REGARDING REBUTTAL DEADLINE
DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING REBUTTAL DEADLINE
ADDRESS ISSUES REGARDING DEPOSITIONS
TO BE TAKEN, DISCOVERY TO BE
PROPOUNDED

$17.00

Paralegal Simonini's assignment to
review CAP's submissions to the
Department of Labor and test them
for consistency, which took 3.5
hours, is not vague.

Paralegal Simonini's 1.2 time entry
to follow-up on work to be
completed before the discovery
deadline, is not excessive.
A paralegal's .1 time entry to
review an email from an expert is
not excessive.
A paralegal's .1 time entry to
review an email from an expert is
not excessive.
Paralegal Simonini's 3.3 time entry
to study the court dockets to
determine whether CAP has
previously been sued on
employment matters is not
excessive, but necessary for this
litigation.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

05-28-2013

Description

T. COOK

Hours

Rate

Amount

CAP Objections

STUDY EMAIL FROM CLIENT [Privileged
Communication]
05-30-2013 L. SIMONINI DRAFT FOLLOW-UP E-MAIL TO DEFENSE
COUNSEL REGARDING DEPOSITIONS
05-30-2013 L. SIMONINI STUDY E-MAIL FROM DEFENSE ATTORNEY
REGARDING DEPOSITIONS, MEET AND
CONFER
05-30-2013 L. SIMONINI ADDRESS ISSUES REGARDING DEPOSITIONS
TO BE TAKEN

0.1

380.00

$38.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

0.5

170.00

$85.00 Excessive, vague

05-30-2013

COMMUNICATIONS WITH DEFENSE
ATTORNEY REGARDING DEPOSITIONS AND
DISCOVERY
05-31-2013 L. SIMONINI ADDRESS ISSUES REGARDING DEFENDANT'S
MEET AND CONFER REQUEST

0.2

380.00

$76.00

0.5

170.00

$85.00 Excessive

05-31-2013 L. SIMONINI ADDRESS ISSUES REGARDING
BACKGROUND CHECKS FOR POTENTIAL
EMPLOYEES

0.8

170.00

05-31-2013 L. SIMONINI CONDUCT BACKGROUND CHECK
REGARDING A. GRESSETT

1.2

170.00

06-03-2013 L. SIMONINI "RESEARCH" CLIENT TO DETERMINE
WHETHER CAP'S POTENTIAL NEGATIVE
INFORMATION WOULD SHOW UP ON A
BACKGROUND CHECK

3.7

170.00

06-03-2013

0.4

380.00

Gressett Reply

J. BLAIR

J. BLAIR

SERIES OF EMAILS TO INVESTIGATE WHY A.
GRESSETT IS NOT GETTING JOBS THAT SHE
SHOULD BE GETTING, CONSIDER DAMAGES
ASSOCIATED WITH SAME

A paralegal's .1 time entry to
review an email from defense
counsel is not excessive.
Paralegal Simonini's .5 time entry
to take on an assignment regarding
persons yet to be deposed is neither
excessive nor vague. She was doing
what her attorneys asked her to do.

Paralegal Simonini's .5 time entry
to address plaintiff's appropriate
response to defendant's meet and
confer request is not excessive.
$136.00 Excessive, vague
Paralegal Simonini's .8 time entry
to learn what background checks
are conducted for potential
employees is neither excessive nor
vague.
$204.00 Excessive, unrelated to
Paralegal Simonini's 1.2 time entry
lawsuit
to determine whether Plaintiff
Gressett would pass a background
check given her claim against CAP
and her termination by CAP is not
excessive and certainly related to
this lawsuit.
$629.00 Excessive, duplicative of Paralegal Simonini's 3.7 time entry
entry above
is a research assignment in followup to the background check
conducted in the prior time entry. It
is not excessive, not duplicative
and critical to this lawsuit.
$152.00 Vague

Attorney Blair's .4 time entry is his
attempt to understand Ms.
Simonini's findings. It is not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

06-03-2013

T. COOK

MULTIPLE EMAILS WITH CLIENT AND TEAM
[Privileged Communication]

0.4

380.00

$152.00 Block billing, internal
conference (email)

06-03-2013

T. COOK

0.1

380.00

$38.00 Excessive billing for
email exchange below

06-03-2013

T. COOK

0.2

380.00

$76.00

06-03-2013

T. COOK

STUDY EMAIL FROM DEFENDANT
ATTORNEY REGARDING DISCOVERY
FOLLOW-UP
SEND EMAIL TO DEFENDANT COUNSEL
REGARDING TIMING OF DISCOVERY
FOLLOW-UP AND NEED FOR DETAILS TO AID
WITH INVESTIGATION AND POSSIBLE
SUPPLEMENTATION
STUDY EMAIL FROM DEFENDANT
ATTORNEY REGARDING DISCOVERY

0.1

380.00

$38.00 Duplicative of entry
above

06-04-2013 L. SIMONINI ADDRESS ISSUES REGARDING DEFENDANT'S
REQUEST FOR ADDITIONAL DISCOVERY
RESPONSES

0.5

170.00

$85.00 Excessive

06-04-2013 L. SIMONINI ADDRESS ISSUES REGARDING DEPOSITIONS

0.4

170.00

$68.00 Excessive

06-04-2013

0.4

380.00

06-05-2013 L. SIMONINI DRAFT E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS
06-05-2013 L. SIMONINI STUDY E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

06-05-2013 L. SIMONINI STUDY DISCLOSURE DOCUMENTS AND
PREPARE COLLECTION OF KEY DOCUMENTS
FOR ATTORNEY USE IN UPDATING TIME
LINE
06-05-2013
J. BLAIR
CONFIRM FURTHER EMAIL TO DEFENSE
COUNSEL SEEKING DEPOSITION DATES IN
JUNE

3.2

170.00

0.2

380.00

$76.00 Excessive billing for
email exchange

06-10-2013 L. SIMONINI DRAFT TWO E-MAILS TO CAP'S ATTORNEY
REGARDING DEPOSITIONS
06-10-2013 L. SIMONINI STUDY E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS

0.2

170.00

$34.00

0.0

170.00

T. COOK

ASSESS BEST WAYS TO PROVE CLIENT MAY
BE DEFAMED BY FORMER EMPLOYER

Hours

Rate

Amount

CAP Objections

$152.00 Vague

$544.00 Excessive

$0.00 Excessive

Gressett Reply

Attorney Cook's .4 time entry
represents multiple .1 time entries.
They are emails to and from
Plaintiff Gressett with copies to the
attorney team.
An attorney's .1 time entry to
review an email is not excessive.

Attorney Cook's .1 time entry to
study an email is separate from the
prior time entry.
Paralegal Simonini's .5 time entry
to address CAP's request for
supplemental discovery responses
is not excessive.
Paralegal Simonini's .4 time entry
to take on a depositions assignment
is not excessive.
Attorney Cook's .4 time entry to
address defamation by a former
employer is not vague.

A paralegal's .1 time entry to
review an email from counsel is not
excessive.
Paralegal Simonini's 3.2 time entry
to assist Attorney Cook in
preparing a litigation timeline is not
excessive.
Attorney Blair's .2 time entry to
address what June deposition dates
could be met by CAP's attorneys is
not excessive.

Agreed. This is a typographical
error and was intended to be 0.1

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

$204.00 Clerical, Excessive

Gressett Reply

06-10-2013 L. SIMONINI RESEARCH TO IDENTIFY NEBRASKA
LOCATION FOR DEPOSITION OF M. COOK

1.2

170.00

Paralegal Simonini's 1.2 time entry
to determine where CAP's
supervisor Mike Cook could be
deposed is neither clerical nor
excessive. Mr. Cook would not
travel to Phoenix and his
deposition was absolutely
necessary. RCDM has no office in
Nebraska, nor does it have any
attorneys that have Nebraska
residences.

06-10-2013 L. SIMONINI DRAFT LETTER FOR ATTORNEY BLAIR'S
SIGNATURE REGARDING EMPLOYER
SUBPOENAS
06-10-2013
J. BLAIR
PLAN FOR JUNE DEPOSITIONS

0.2

170.00

$34.00

0.2

380.00

$76.00 Vague

06-10-2013

J. BLAIR

REVIEW EMAIL EXCHANGE REGARDING
DATES AVAILABLE FOR DEPOSITIONS

0.2

380.00

$76.00 Excessive

06-10-2013

T. COOK

RESEARCH CASE LAW CITED BY EXPERT ON
STANDARD OF CARE

0.4

380.00

$152.00 Duplicative of entry
below

06-10-2013

T. COOK

1.4

380.00

$532.00

06-10-2013

T. COOK

0.5

380.00

$190.00

06-10-2013

T. COOK

ADDITIONAL RESEARCH ON SCOPE OF
CLAIM TO BE MADE REGARDING DAMAGES
AND BREACH OF STANDARD OF CARE
TELEPHONE CALL WITH EXPERT
BJORKLUND REGARDING DAMAGES AND
PROOF AND SCOPE OF SAME
CONFER WITH J. BLAIR REGARDING LEGAL
AND FACTUAL ISSUES OF CASE, WAYS TO
BOLSTER SAME, DEPOSITIONS TO BE TAKEN,
STRATEGY GOING FORWARD

0.8

380.00

$304.00 Internal Conference

Attorney Cook's .8 time entry to
confer with Attorney Blair about
strategies going forward is not an
internal conference; Attorney Blair
did not bill for this strategy session.

06-11-2013 L. SIMONINI INTERNET RESEARCH TO IDENTIFY ANY
CIVIL, CRIMINAL OR BANKRUPTCY HISTORY
FOR WITNESS M. RUZICH
06-11-2013 L. SIMONINI INTERNET RESEARCH TO IDENTIFY ANY
CIVIL, CRIMINAL OR BANKRUPTCY HISTORY
FOR WITNESS M. LUDKE

1.4

170.00

$238.00 Excessive

1.7

170.00

$289.00 Excessive

Paralegal Simonini's assignment to
check the litigation history for
Attorney Ruzich is not excessive.
Paralegal Simonini's assignment to
check the litigation history for
Attorney Ludke is not excessive.

Attorney Blair's .2 time entry to
confirm coverage of the June
depositions is not vague.
Attorney Blair's .2 time entry to
confirm the dates finally agreed to
for June depositions is not
excessive.
Attorney Cook's .4 time entry to
research standard of care is not
duplicative of her next time entry in
which she did "additional research"
on this and other issues.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

06-11-2013 L. SIMONINI INTERNET RESEARCH TO IDENTIFY ANY
CIVIL, CRIMINAL, BANKRUPTCY BAR
LICENSE ISSUES AND HISTORY FOR WITNESS
T. DELGADO
06-11-2013
J. BLAIR
ADDRESS JUNE DEPOSITIONS OF DEFENSE
WITNESSES, CONFIRM AVAILABILITY

Hours

Rate

Amount

CAP Objections

1.8

170.00

$306.00 Excessive

0.3

380.00

$114.00 Vague, clerical

0.1

380.00

$38.00

0.1

380.00

$38.00 Duplicative of entry
above, excessive

06-12-2013 L. SIMONINI STUDY E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS
06-12-2013 L. SIMONINI ADDRESS ISSUES REGARDING DEFENDANT'S
SUBPOENA DUCES TECUM TO FORMER
EMPLOYERS ABSENT A RELEASE

0.1

170.00

$17.00

1.2

170.00

06-12-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
06-12-2013 L. SIMONINI STUDY E-DISCLOSURE AND DISCOVERY
DOCUMENTS AND IDENTIFY MATERIALS
FOR ATTORNEY USE DURING DEPOSITION
OF M. COOK
06-12-2013 L. SIMONINI INTERNET RESEARCH TO IDENTIFY ANY
CIVIL, CRIMINAL OR BANKRUPTCY HISTORY
FOR WITNESS M. COOK

0.1

170.00

$17.00

2.9

170.00

$493.00

2.9

170.00

$493.00 Excessive

06-12-2013

LETTER FROM CAP'S COUNSEL REGARDING
SUBPOENA RELEASES
06-13-2013 L. SIMONINI DRAFT TWO E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS

0.2

380.00

$76.00

0.2

170.00

$34.00 Excessive

06-13-2013 L. SIMONINI STUDY E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS

0.1

170.00

$17.00

Gressett Reply

06-11-2013

T. COOK

06-11-2013

T. COOK

SEND EMAIL TO CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]

J. BLAIR

$204.00 Excessive, vague

Paralegal Simonini's 1.8 time entry
to determine the litigation history
for witness Delgado is not
excessive.
Attorney Blair's .3 time entry to
confirm CAP's witnesses would in
fact be available for depositions in
June is neither vague nor clerical.

Attorney Cook's .1 time entry
relates to a separate email and is
therefore not duplicative. Also, it
is not excessive to bill .1 to prepare
and send an email.

Paralegal Simonini's 1.2 time entry
to complete the assignment
addressing CAP's subpoenas to
former Gressett employers is
neither excessive nor vague.

Paralegal Simonini's 2.9 time entry
to research litigation to CAP
witness Cook is not excessive, but
extremely relevant to the issues in
this case.

Paralegal Simonini's .2 time entry
to draft two emails to CAP's
counsel is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

06-13-2013 L. SIMONINI STUDY DEFENDANT DISCLOSURE
STATEMENT TO IDENTIFY PERTINENT
MATERIALS FOR ATTORNEY USE IN
PREPARING FOR DEPOSITIONS

2.7

170.00

$459.00 Excessive

06-13-2013 L. SIMONINI STUDY VOLUMINOUS REQUEST FOR
PRODUCTION OF DOCUMENTS RECORDS
AND IDENTIFY MATERIALS FOR ATTORNEY
USE DURING DEPOSITIONS
06-13-2013
J. BLAIR
REVIEW MATERIALS/TIMELINE FOR
DEPOSITIONS
06-14-2013 L. SIMONINI STUDY E-MAIL AND ATTACHMENTS FROM
CLIENT [Privileged Communication]

3.7

170.00

$629.00

0.5

380.00

$190.00

1.1

170.00

$187.00 Excessive, vague

06-14-2013 L. SIMONINI IDENTIFY DISCLOSURE MATERIALS FOR
ATTORNEY BLAIR'S USE IN PREPARING FOR
DEPOSITIONS
06-14-2013
J. BLAIR
TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
06-14-2013
J. BLAIR
CHECK OUT AUDIO TAPE ISSUE

2.3

170.00

$391.00

0.3

380.00

$114.00

0.3

380.00

$114.00 Clerical, vague

06-14-2013

1.9

380.00

$722.00 Vague

06-17-2013 L. SIMONINI INTERNET SEARCH TO LOCATE COURT
REPORTER WITH VIDEO CONFERENCE
CAPABILITY LOCAL TO NORTH PLATTE,
NEBRASKA FOR THE DEPOSITION OF M.
COOK

1.0

170.00

$170.00 Clerical, Excessive,
Duplicative of 6/10/13
entry

06-17-2013 L. SIMONINI TELEPHONE CALL NEBRASKA COURT
REPORTER REGARDING ARRANGEMENTS
FOR M. COOK DEPOSITION
06-17-2013 L. SIMONINI DRAFT NOTICE OF DEPOSITION TO M.
RUZICH

0.3

170.00

$51.00

0.1

170.00

$17.00

Gressett Reply

J. BLAIR

REVIEW FILE IN PREPARATION FOR
DEPOSITIONS OF THREE HUMAN RESOURCE
WITNESSES

Paralegal Simonini's 2.7 time entry
to review the file and identify
materials for attorney use at
depositions is not excessive and
necessary paralegal work prior to
depositions.

Paralegal Simonini's 1.1 time entry
to study an email with attachments
from Plaintiff Gressett is neither
excessive nor vague given its
privileged nature.

Attorney Blair's .3 time entry to
address the audiotape issue prior to
depositions is neither clerical nor
vague, but necessary in preparation
for those depositions.
Attorney Blair's 1.9 time entry to
review the file in advance of human
resource witness depositions is not
vague. It explains in some detail the
preparation that is necessary for
any depositions.
Paralegal Simonini's 1.0 time entry
to contact an appropriate court
reporter in Nebraska is neither
clerical, excessive or duplicative of
her earlier search for a deposition
location.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

06-17-2013 L. SIMONINI DRAFT NOTICE OF DEPOSITION TO M. LUDKE

0.1

170.00

$17.00

06-17-2013 L. SIMONINI DRAFT NOTICE OF DEPOSITION TO M. COOK

0.1

170.00

$17.00

06-17-2013 L. SIMONINI DRAFT NOTICE OF DEPOSITION TO T.
DELGADO
06-17-2013
J. BLAIR
TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
06-17-2013
J. BLAIR
STUDY MATERIALS ATTACHED TO CAP'S
INITIAL DISCLOSURE STATEMENT, MARK
SAME FOR DEPOSITIONS UPCOMING

0.1

170.00

$17.00

0.3

380.00

$114.00

2.6

380.00

$988.00 Duplicative of L.
Simonini 6/13/13 entry

06-17-2013

J. BLAIR

0.8

380.00

$304.00

06-17-2013

J. BLAIR

0.1

380.00

$38.00 Excessive

06-18-2013 L. SIMONINI DRAFT TWO E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS

0.2

170.00

$34.00 Excessive

06-18-2013 L. SIMONINI STUDY TWO E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS

0.2

170.00

$34.00 Excessive

06-18-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
06-18-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

06-18-2013 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR
REGARDING DEPOSITIONS AND DISCOVERY
TO BE SUPPLEMENTED

1.3

170.00

06-18-2013 L. SIMONINI TELEPHONE CALL EXPERT MCRAE
REGARDING EXTENSION FOR SUBPOENA
DUCES TECUM RESPONSE
06-18-2013 L. SIMONINI DRAFT E-MAIL TO DEFENDANT'S ATTORNEY
SEEKING EXTENSION FOR EXPERT MCRAE'S
SUBPOENA DUCES TECUM RESPONSE

0.2

170.00

$34.00

0.1

170.00

$17.00

Gressett Reply

STUDY MCRAE EXPERT REPORT FOR
DEPOSITION QUESTIONS
REVIEW DEPOSITION NOTICES

$221.00 Internal Conference

Attorney Blair's 2.6 time entry to
study CAP's initial disclosure
statement and prepare materials for
upcoming depositions is not
duplicative of the paralegal's predeposition file review.

Attorney Blair's .1 time entry to
review upcoming deposition
notices is not excessive but
necessary to confirm the accuracy
of those notices prior to any
deposition.
Paralegal Simonini's .2 time entry
to draft two emails to CAP's
counsel is not excessive.
Paralegal Simonini's .2 time entry
to review two emails from CAP's
counsel is similarly not excessive.

Paralegal Simonini's .1 time entry
to prepare an email to Plaintiff
Gressett is not excessive.
Paralegal Simonini's 1.3 time entry
conference with Attorney Blair is
not an internal conference.
Attorney Blair did not bill for this
discussion of depositions and
supplemental discovery.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

06-18-2013 L. SIMONINI STUDY E-MAIL FROM DEFENDANT
GRANTING EXTENSION

0.1

170.00

$17.00 Excess billing for email
exchange

06-18-2013 L. SIMONINI DRAFT AMENDED NOTICE OF DEPOSITION
TO M. RUZICH
06-18-2013 L. SIMONINI DRAFT AMENDED NOTICE OF DEPOSITION
FOR M. LUDKE
06-18-2013 L. SIMONINI TELEPHONE CALL DEFENDANT'S ATTORNEY
REGARDING DEPOSITION SCHEDULE,
PROPOSITION TO EXTEND DISCOVERY
CUTOFF
06-18-2013
J. BLAIR
STUDY TRANSCRIPTS OF DISCUSSIONS WITH
M. COOK, MAKE NOTES REGARDING SAME

0.1

170.00

$17.00

0.1

170.00

$17.00

0.3

170.00

$51.00

1.3

380.00

$494.00

06-18-2013

J. BLAIR

0.6

380.00

$228.00

06-18-2013

J. BLAIR

REVIEW MATERIALS FROM A. GRESSETT
REGARDING DEPONENTS
ADDRESS EXTENSION ISSUE RAISED BY CAP

0.2

380.00

$76.00 Excessive

06-19-2013 L. SIMONINI DRAFT THREE E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS
06-19-2013 L. SIMONINI STUDY TWO E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS

0.3

170.00

$51.00

0.2

170.00

$34.00 Excessive billing for
email exchange

06-19-2013 L. SIMONINI ADDRESS ISSUES REGARDING DEPOSITIONS
AND DEFENDANT'S FAILURE TO COOPERATE
REGARDING SCHEDULE

0.6

170.00

$102.00 Excessive

06-19-2013 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S LETTER
SEEKING ADDITIONAL DISCOVERY
RESPONSES

1.2

170.00

$204.00 Excessive, vague

06-19-2013 L. SIMONINI ADDRESS ISSUES REGARDING ADDITIONAL
DISCOVERY TO BE PURSUED

0.9

170.00

$153.00 Excessive

06-19-2013 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS AND IDENTIFY RECORDS FOR
ATTORNEY USE AT DEPOSITION OF M.
LUDKE

3.5

170.00

$595.00

Gressett Reply

Paralegal Simonini's .1 time entry
is not excessive to review an email
from CAP's attorneys.

Attorney Blair's .2 time entry to
address CAP's request for an
extension is not excessive.

Paralegal Simonini's .2 time entry
to study two emails from CAP's
counsel is not excessive.
Paralegal Simonini's .6 time entry
to address her assignment to
confront CAP's failure to cooperate
regarding pretrial schedule is not
excessive.
Paralegal Simonini's 1.2 time entry
to address the appropriateness of
CAP's request for additional
discovery responses is neither
excessive nor vague.
Paralegal Simonini's .9 time entry
to address whether Plaintiff
Gressett should pursue additional
discovery is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

06-19-2013

J. BLAIR

STUDY DISCOVERY ISSUES, TELEPHONE
CALL AND MESSAGE TO CAP'S ATTORNEY

0.5

380.00

$190.00 Block Billing, vague

06-19-2013

J. BLAIR

1.5

380.00

$570.00

06-19-2013

J. BLAIR

EXTENDED TELEPHONE CALL WITH A.
GRESSETT [Privileged Communication]
STUDY MATERIALS DISCLOSED BY CAP

0.7

380.00

$266.00 Vague

06-19-2013

J. BLAIR

EMAIL FROM CAP'S COUNSEL REGARDING
DISCOVERY ISSUES

0.2

380.00

06-20-2013 L. SIMONINI CONFERENCE WITH CLIENT AND ATTORNEY
BLAIR [Privileged Communication]
06-20-2013 L. SIMONINI DRAFT TWO E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS

3.4

170.00

0.2

170.00

$34.00 Excessive

06-20-2013 L. SIMONINI STUDY FOUR E-MAIL FROM CAP'S
ATTORNEY REGARDING DEPOSITIONS

0.4

170.00

$68.00 Excessive

06-20-2013 L. SIMONINI IDENTIFY DOCUMENTS FOR ATTORNEY USE
DURING CLIENT MEETING

1.2

170.00

06-20-2013

0.2

380.00

$76.00

3.3

380.00

$1,254.00

0.1

380.00

$38.00

0.3

380.00

$114.00

0.2

170.00

06-20-2013
06-20-2013
06-20-2013
06-21-2013

J. BLAIR

Description

STUDY EMAIL COMMUNICATIONS WITH
COUNSEL FOR CAP REGARDING DISCOVERY
ISSUES
J. BLAIR
MEET WITH A. GRESSETT [Privileged
Communication]
J. BLAIR
EMAIL TO CAP'S ATTORNEY REGARDING
DISCOVERY RESPONSES
J. BLAIR
ANALYZE TIMING ISSUES FOR DEPOSITIONS,
MOTIONS, DISCOVERY RESPONSES
L. SIMONINI DRAFT TWO E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS

Hours

Rate

Amount

CAP Objections

$76.00 Excessive

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Attorney's Blair .5 time entry to
study pending discovery issues,
then leave a message with CAP's
counsel is not vague. First entry
(.4); second entry (.1).

Attorney Blair's .7 time entry to
study CAP's disclosures is not
vague but describes the work
performed.
Attorney Blair's .2 time entry to
study an email from CAP's counsel
regarding the pending discovery
issues is not excessive.

$578.00

$0.00 Vague

$34.00 Excessive

Paralegal Simonini's .2 time entry
to prepare two emails to CAP's
counsel is not excessive (.1 per
email).
Paralegal Simonini's .4 time entry
to review four emails from CAP's
attorney is not excessive (.1 per
email).
Paralegal Simonini's 1.2 time entry Vague.
to locate documents for use by an
RCDM attorney during a meeting
with Ms. Gressett is not vague.

Paralegal Simonini's .2 time entry
to prepare two emails to CAP's
counsel is not excessive (.1 per
email).

Date

Attorney

Description

06-21-2013 L. SIMONINI PREPARE SUMMARY OF MEETING NOTES IN
ORDER TO PURSUE ADDITIONAL
DISCOVERY, PREPARE DISCLOSURE
STATEMENTS
06-21-2013 L. SIMONINI PREPARE SUPPLEMENTAL RESPONSE TO
NON-UNIFORM INTERROGATORIES IN
RESPONSE TO CAP'S REQUEST FOR
ADDITIONAL DISCOVERY
06-21-2013 L. SIMONINI DRAFT SECOND SUPPLEMENTAL REQUEST
FOR PRODUCTION OF DOCUMENTS
RESPONSE IN RESPONSE TO CAP'S REQUEST
FOR ADDITIONAL DOCUMENTS
06-21-2013 L. SIMONINI IDENTIFY AND PREPARE RECORDS TO BE
ATTACHED TO SECOND SUPPLEMENTAL
RESPONSE TO REQUEST FOR PRODUCTION
OF DOCUMENTS
06-21-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
06-21-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]

Hours

Rate

Amount

CAP Objections

1.2

170.00

$163.20 Block billing

1.3

170.00

$221.00

2.3

170.00

$391.00

1.4

170.00

$238.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

REVIEW AND APPROVE STIPULATION TO
EXTEND DATES
06-21-2013
J. BLAIR
REVIEW AND APPROVE FOR FILING
DISCOVERY REQUESTS AND DISCOVERY
RESPONSES AND SUPPLEMENTAL
DISCLOSURE
06-21-2013
J. BLAIR
REVIEW EMAIL FROM A. GRESSETT
[Privileged Communication]
06-24-2013 L. SIMONINI STUDY PLAINTIFF'S MEDICAL RECORDS TO
DETERMINE WHETHER NOTES EXIST
DOCUMENTING TELEPHONE CALL WITH CAP
EMPLOYEES

0.2

380.00

$76.00

0.5

380.00

$190.00

0.2

380.00

$76.00

2.7

170.00

06-24-2013 L. SIMONINI DRAFT THREE E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS
06-24-2013 L. SIMONINI STUDY TWO E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS

0.3

170.00

$51.00

0.2

170.00

$34.00 Excessive billing for
email exchange

Gressett Reply

06-21-2013

J. BLAIR

$459.00 Excessive - records
consisted of only 218
pages

First entry (.7); second entry (.5).

Paralegal Simonini's .1 time entry
to review an email from Plaintiff
Gressett is not excessive.

Paralegal Simonini's assignment to
study the medical records file
seeking documentation of phone
calls between medical office and
CAP employees, 2.7 hours, is not
excessive. This became a key issue
in the trial presentation, and needed
to be performed carefully at that
stage of the litigation.

Paralegal Simonini's .2 time entry
to study two emails from CAP's
counsel is not excessive (.1 per
email).

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

06-24-2013 L. SIMONINI STUDY DISCLOSURE STATEMENTS AND
DISCOVERY DOCUMENTS AND IDENTIFY
DOCUMENTS FOR ATTORNEY USE AT
DEPOSITION OF T. DELGADO
06-24-2013
J. BLAIR
REVIEW EMAIL EXCHANGE REGARDING
DEPOSITION SCHEDULING AND REMAINING
DISCOVERY ISSUE
06-24-2013
J. BLAIR
EMAIL FROM A. GRESSETT [Privileged
Communication]
06-25-2013 L. SIMONINI DRAFT TWO E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS
06-25-2013 L. SIMONINI STUDY TWO E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS

1.6

170.00

$272.00

0.2

380.00

$76.00

0.2

380.00

$76.00

0.2

170.00

$34.00

0.2

170.00

$34.00 Excessive billing for
email exchange

06-25-2013 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S EXPERT
DISCLOSURE

0.3

170.00

$51.00 Vague

06-25-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING CAP'S EXPERT DISCLOSURE
06-25-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT BJORKLUND
REGARDING CAP'S DISCLOSURE

0.2

170.00

$34.00

0.1

170.00

$17.00 Excessive billing for
email exchange

06-25-2013 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING CAP'S DISCLOSURE
06-25-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING CAP'S EXPERT DISCLOSURE
06-25-2013 L. SIMONINI TELEPHONE CALL EXPERT MCRAE
REGARDING CAP'S EXPERT DISCLOSURE
06-25-2013 L. SIMONINI DRAFT SECOND REQUEST FOR PRODUCTION
OF DOCUMENTS

0.3

170.00

$51.00

0.1

170.00

$17.00

0.3

170.00

$51.00

1.9

170.00

$323.00 Excessive

06-25-2013 L. SIMONINI STUDY EXPERT BJORKLUND'S
REPRODUCTION OF HIS FILE PURSUANT TO
SUBPOENA DUCES TECUM
06-25-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
06-25-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

1.2

170.00

$204.00

0.1

170.00

$17.00

0.2

170.00

$34.00 Excessive billing for
email exchange

Gressett Reply

Paralegal Simonini's .2 time entry
to study two emails from CAP's
counsel is not excessive (.1 per
email).
Paralegal Simonini's .3 time entry
to study CAP's expert disclosure is
not vague, but was assigned to her
by an RCDM attorney.

Paralegal Simonini's .1 time entry
to review an email from Expert
Bjorklund is not excessive.

Paralegal Simonini's 1.9 hour time
entry to draft a second request for
production of documents from
CAP counsel is not excessive.

Paralegal Simonini's .2 time entry
to prepare an email to Plaintiff
Gressett is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

06-25-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

0.1

170.00

06-25-2013 L. SIMONINI STUDY DISCLOSURE STATEMENTS AND
IDENTIFY DOCUMENTS FOR ATTORNEY USE
AT DEPOSITION OF M. RUZICH
06-25-2013
J. BLAIR
STUDY EXPERT'S CRITICISM OF P.
BJORKLUND'S ANALYSIS
06-25-2013
J. BLAIR
ADDRESS DEPOSITION ISSUES WITH CAP

2.1

170.00

$357.00

1.0

380.00

$380.00

0.2

380.00

$76.00

06-26-2013 L. SIMONINI DRAFT E-MAIL TO CAP'S ATTORNEY
REGARDING DEPOSITIONS
06-26-2013 L. SIMONINI ADDRESS ISSUES REGARDING DEPOSITIONS
TO BE ARRANGED, ORDER OF SAME AS IT
RELATES TO DEFENDANT'S REQUESTING
ADDITIONAL DISCOVERY RESPONSES

0.1

170.00

$17.00

1.2

170.00

$204.00 Vague, clerical

06-26-2013 L. SIMONINI STUDY FMLA LANGUAGE IN ORDER TO
INCORPORATE RECORD KEEPING
LANGUAGE INTO REQUEST FOR
PRODUCTION OF DOCUMENTS

1.8

170.00

$306.00 Excessive

06-26-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING SUBPOENA FOR RECORDS
06-26-2013 L. SIMONINI TWO TELEPHONE CALLS NEBRASKA COURT
REPORTER REGARDING ARRANGEMENTS
FOR M. COOK DEPOSITION

0.1

170.00

$17.00

0.4

170.00

$68.00 Clerical

Paralegal Simonini's .4 time entry
for two calls to the Nebraska court
reporter in anticipation of the Cook
deposition is not clerical, but a
paralegal responsibility.

06-26-2013 L. SIMONINI STUDY TWO E-MAIL FROM NEBRASKA
COURT REPORTER REGARDING M. COOK
DEPOSITION

0.2

170.00

$34.00 Clerical, excessive

06-26-2013 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT
RESPONSE TO SUBPOENA

0.7

170.00

$119.00 Vague

Paralegal Simonini's .2 time entry
to study two emails from the
Nebraska court reporter is neither
clerical nor excessive (.1 per
email).
Paralegal Simonini's .7 time entry
to address the issues raised by
experts attempting to understand
how to respond to third party
subpoena is not vague.

06-26-2013

0.4

380.00

$152.00

J. BLAIR

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]

$17.00 Duplicative

Gressett Reply

Paralegal Simonini's .1 time entry
to prepare a separate email to
Plaintiff Gressett is not duplicative.
It was a separate email.

Paralegal Simonini's 1.2 time entry
to take on the assignment to
propose an order for upcoming
depositions so as to conform to
CAP's additional discovery
responses is neither vague nor
clerical.
Paralegal Simonini's 1.8 time entry
to ensure that appropriate FMLA
language was incorporated into
Plaintiff Gressett's request for
documents is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

06-26-2013

J. BLAIR

CONFIRM MATERIALS TO CAP FROM EXPERT
MCRAE

Hours

Rate

Amount

CAP Objections

0.0

380.00

06-27-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
06-27-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email change

06-27-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING REBUTTAL REPORT
06-27-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT BJORKLUND
REGARDING REBUTTAL DISCLOSURE

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

06-27-2013 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING REBUTTAL REPORT TO BE
DRAFTED
06-27-2013
T. COOK
FOLLOW-UP PLAN OF ACTION IN LIGHT OF
IMMINENT DEADLINES

0.2

170.00

$34.00

0.3

380.00

$114.00 Vague

06-27-2013

ANALYZE MATERIALS FROM EMAIL
EXCHANGE WITH A. GRESSETT [Privileged
Communication]
06-28-2013 L. SIMONINI TELEPHONE CALL ATTORNEY BLAIR AND
EXPERT BJORKLUND REGARDING
REBUTTAL REPORT
06-28-2013 L. SIMONINI DRAFT SUBPOENA DUCES TECUM. LETTER
TO CUSTODIAN OF RECORDS, NOTICE OF
DEPOSITION AND DECLARATION OF
CUSTODIAN OF RECORDS FOR DEFENDANT'S
EXPERT C. CAMERON
06-28-2013 L. SIMONINI STUDY CAP'S DISCLOSURE OF TRIAL
EXHIBITS, INCLUDING SUBPOENA RESPONSE
FROM ATTORNEY KRUMWEIDE

0.5

380.00

$190.00

1.2

170.00

$204.00

0.3

170.00

$51.00

1.7

170.00

$289.00 Excessive, vague

06-28-2013 L. SIMONINI ADDRESS ISSUES REGARDING ATTORNEY
KRUMWEIDE'S INFLAMMATORY
STATEMENT

0.6

170.00

$102.00 Vague

J. BLAIR

$0.00 Vague, Clerical

Gressett Reply

Attorney Blair's .2 time entry to
address materials sought from
Expert McRae by CAP's attorneys
is neither vague nor clerical.

Paralegal Simonini's .1 time entry
to prepare email to Plaintiff
Gressett is not excessive.

Paralegal Simonini's .1 time entry
to review email from Expert
Bjorklund is not excessive.

Attorney Cook's review of her prior
plans of action in light of deadlines
approaching is not vague.

Paralegal Simonini's 1.7 hours to
review CAP's trial exhibit
disclosures, in particular the
subpoena response from Attorney
Krumwiede (Plaintiff Gressett's
former employer) is neither
excessive nor vague.
Paralegal Simonini's .6 time entry
to analyze the significance of
Krumwiede's inflammatory
statement about Plaintiff Gressett is
not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Clerical

Date

Attorney

Description

06-28-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING SUBPOENA DUCES TECUM FOR
RECORDS
06-28-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING SUBPOENA DUCES TECUM FOR
RECORDS
06-28-2013 L. SIMONINI WESTLAW RESEARCH TO IDENTIFY
SUPREME COURT CASE LAW REGARDING
DAMAGES FOR EXPERT BJORKLUND
06-28-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT
BJORKLUNDREGARDING CASE LAW
06-28-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING TAX RETURNS
06-28-2013 L. SIMONINI DRAFT AMENDED NOTICE OF DEPOSITION
TO T. DELGADO
06-28-2013 L. SIMONINI STUDY DEFENDANT'S EXPERT DISCLOSURE
AND NOTE AREAS TO BE CHALLENGED BY
EXPERT BJORKLUND

Hours

Rate

Amount

CAP Objections

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive

0.7

170.00

$119.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00

1.2

170.00

Gressett Reply

$204.00 Duplicative of T. Cook
entry 6/30/13

06-28-2013

J. BLAIR

REVIEW CRITICISM OF BJORKLUND

0.2

380.00

$76.00 Vague

06-28-2013

J. BLAIR

1.2

380.00

T. COOK

1.8

380.00

$684.00 Excessive

06-30-2013

J. BLAIR

EMAIL EXCHANGES WITH A. GRESSETT
[Privileged Communication]

0.2

380.00

Paralegal Simonini's 1.2 time entry
to review CAP's expert disclosure
and identify areas Expert
Bjorklund should address is not
duplicative of Attorney Cook's
subsequent review of this same
issue. Attorney Cook's time entry
was shortened by Paralegal
Simonini's prior effort.

$456.00

06-29-2013

TELEPHONE CALL WITH P. BJORKLUND
REGARDING REBUTTAL
STUDY MULTIPLE EMAILS WITH CLIENT
[Privileged Communication]

Paralegal Simonini's .1 to prepare
an email to Expert McRae is not
excessive.

$76.00 Duplicative of above
entry

Attorney Blair's .2 time entry
represents an overview of what
CAP's expert had to say about
Expert Bjorklund. It is not vague.

Attorney Cook's 1.8 time entry to
review multiple emails exchanged
with Plaintiff Gressett is not
excessive. It represents an efficient
review of constant communication
between attorney and client.
Attorney Blair's .2 time entry to
review email exchanges with
Plaintiff Gressett is not duplicative
of Attorney Cook's
communications with Plaintiff
Gressett, but an overview of those
multiple emails.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

06-30-2013

Description

T. COOK

Hours

Rate

Amount

CAP Objections

STUDY DEFENDANTS SUPPLEMENTAL
DISCLOSURE STATEMENT WITH 140 PAGES
PRODUCED
06-30-2013
T. COOK
STUDY DEFENDANTS EXPERT DISCLOSURE
REGARDING DAMAGES WITH REPORT AND
SUPPORTING DOCUMENTS; CONSIDER NEED
FOR REBUTTAL
07-01-2013 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING REBUTTAL REPORT
07-01-2013 L. SIMONINI PREPARE 2009 W-2 FOR PRODUCTION

1.8

380.00

$684.00

1.4

380.00

$532.00

0.3

170.00

$51.00

0.1

170.00

$17.00 Vague

07-01-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING W-2
07-01-2013 L. SIMONINI DRAFT E-MAIL TO CAP'S ATTORNEY
REGARDING 2009 W-2
07-01-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING REBUTTAL DISCLOSURE
07-01-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
07-01-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING SUBPOENA DUCES TECUM
RESPONSE
07-01-2013 L. SIMONINI DRAFT REBUTTAL EXPERT DISCLOSURE

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.3

170.00

07-01-2013

T. COOK

1.8

380.00

07-02-2013

T. COOK

LENGTHY TELEPHONE CALL WITH CLIENT
[Privileged Communication]
07-03-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING REBUTTAL REPORT
07-03-2013 L. SIMONINI ADDRESS ISSUES REGARDING tEXPERT
BJORKLUND'S REBUTTAL REPORT

1.0

380.00

0.1

170.00

0.7

170.00

$119.00 Vague

07-03-2013

T. COOK

0.5

380.00

$190.00

07-03-2013

T. COOK

0.1

380.00

$38.00

Gressett Reply

STUDY DEFENDANT'S EXPERT DISCLOSURE

TELEPHONE CALL WITH EXPERT
BJORKLUND REGARDING REBUTTAL
REPORT
STUDY COURT ORDER GRANTING NEW
DEADLINES

Paralegal Simonini's .1 time entry
to prepare to produce Plaintiff
Gressett's 2009 W-2 form is not
vague.

$51.00
$684.00 Excessive, duplicative of Attorney Cook's 1.8 time entry to
6/30/13 entry
review CAP's expert disclosure is
not excessive or duplicative of the
review she began the prior day.
$380.00
$17.00
Paralegal Simonini's .7 time entry
to complete assignments relating to
a rebuttal report by Expert
Bjorklund is not vague, but
explains the nature of the
assignment.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

07-03-2013

Description

J. BLAIR

Hours

Rate

Amount

CAP Objections

STUDY DRAFT MATERIALS FROM EXPERT
BJORKLUND, APPROVE WITH REQUEST FOR
NEW TOTAL DAMAGES FIGURE
07-05-2013 L. SIMONINI ADDRESS ISSUES REGARDING
FINALIZATION OF EXPERT BJORKLUND'S
REBUTTAL REPORT

0.3

380.00

0.4

170.00

07-05-2013

T. COOK

0.9

380.00

$342.00

07-05-2013

T. COOK

0.1

380.00

$38.00

07-05-2013

T. COOK

STUDY EXPERT REBUTTAL AS COMPARED
TO CHALLENGES MADE BY DEFENDANT
EXPERT
SEND EMAIL TO EXPERT BJORKLUND
APPROVING REBUTTAL REPORT AND
INQUIRING ABOUT NEW CALCULATIONS
STUDY DES FILE PRODUCED BY CLIENT

0.8

380.00

$304.00

07-06-2013

J. BLAIR

EMAIL IDEAS FROM A. GRESSETT [Privileged
Communication]

0.2

380.00

$76.00 Clerical

07-06-2013

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Duplicative of J. Blair
7/6/13 entry

07-06-2013

T. COOK

STUDY AFFIDAVIT FROM J. MURRAY
REGARDING CLIENT'S EFFORTS TO GET A
NEW JOB IN INDUSTRY
07-08-2013 L. SIMONINI STUDY EXPERT BJORKLUND'S
SUPPLEMENTAL REPORT AND NOTE NEW
DAMAGES FIGURES

0.1

380.00

$38.00

1.1

170.00

07-08-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
07-08-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

0.1

170.00

0.1

170.00

Gressett Reply

$114.00

$68.00 Vague, clerical

Paralegal Simonini's .4 time entry
to conform Expert Bjorklund's
rebuttal analysis is neither vague
nor clerical.

Attorney Blair's .2 time entry to
consider the ideas from Plaintiff
Gressett at that stage of the
litigation is not clerical, but
illustrative of communications
between attorney and client.
Attorney Cook's .1 time entry to
study an email from Plaintiff
Gressett is not duplicative, but a
review of the email ideas relating to
trial presentation.

$187.00 Excessive, duplicative of Paralegal Simonini's 1.1 time entry
J. Blair 7/3/13 entry
to review damage materials from
Expert Bjorklund's supplemental
report is not excessive or
duplicative, but part of the
paralegal assignment to summarize
damages.
$17.00
$17.00 Vague

Paralegal Simonini's .1 time entry
to prepare email to Plaintiff
Gressett is not vague, but
privileged.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

07-08-2013 L. SIMONINI STUDY PRODUCTION MATERIALS AND
BEGIN TO IDENTIFY POTENTIAL EXHIBITS
TO RUZICH AND LUDKE DEPOSITIONS

3.7

170.00

07-08-2013

STUDY LETTER FROM DEFENDANT
COUNSEL REGARDING DEMAND FOR
CONFLICT RESOLUTION
07-09-2013 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
MATERIALS AND IDENTIFY EXHIBITS FOR
RUZICH DEPOSITION

0.1

380.00

3.8

170.00

$646.00 Duplicative of entry on
6/25/13

07-09-2013 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
RUZICH TESTIMONY

1.8

170.00

$306.00 Vague

07-09-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
07-09-2013 L. SIMONINI STUDY SECOND E-MAIL FROM CLIENT
[Privileged Communication]
07-09-2013 L. SIMONINI WESTLAW SEARCH TO IDENTIFY
STATUTORY PROVISIONS FOR FMLA

0.1

170.00

$17.00

0.1

170.00

$17.00

1.4

170.00

$238.00 Background research,
duplicative

07-09-2013

J. BLAIR

0.4

380.00

$152.00

07-09-2013

T. COOK

3.5

380.00

1.2

170.00

$204.00

1.2

170.00

$204.00 Vague, excessive

Gressett Reply

T. COOK

EMAIL COMMUNICATIONS REGARDING
DEPOSITIONS AND DAMAGES
CALCULATIONS BY EXPERT BJORKLUND
BEGIN DETAILED STUDY IN PREPARATION
FOR DEPOSITION OF WITNESS M. RUZICH
WITH DEFENDANT

07-10-2013 L. SIMONINI PREPARE ADDITIONAL MATERIALS FOR
RUZICH DEPOSITION
07-10-2013 L. SIMONINI ADDRESS ISSUES RAISED BY RUZICH
TESTIMONY

$629.00 Duplicative of 6/19/13
entry, block billing

Paralegal Simonini's 3.7 time entry
to review the file for materials to be
used in the depositions of Ruzich
and Ludke is not duplicative of
work Ms. Simonini did weeks
earlier for another purpose. This
was an obvious search to support
the attorney prior to deposition.

$38.00

$1,330.00 Vague

Paralegal Simonini's 3.8 time entry
to pull materials for the Ruzich
deposition is not duplicative of
assignments to Paralegal Simonini
on June 25.
Paralegal Simonini's 1.8 time entry
to support deposition preparation
for Ruzich deposition is not vague.
This was paralegal effort in support
of an assignment from her attorney.

Paralegal Simonini's 1.4 time entry
to identify FMLA statutory
provisions is not duplicative, but an
assignment from her attorney.

Attorney Cook's 3.5 time entry to
review the file in preparation for
the Ruzich deposition is not vague.
It is routine deposition preparation.

Paralegal Simonini's 1.2 time entry
to help prepare for the Ruzich
deposition is neither vague nor
excessive, but a separate
assignment from her attorney.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

07-10-2013 L. SIMONINI CONFER WITH ATTORNEY COOK
REGARDING ITEMS NEEDED FOR
DEPOSITION; IDENTIFY ADDITIONAL
POTENTIAL EXHIBITS AND NOTE
ADDITIONAL DISCOVERY TO BE SOUGHT
07-10-2013
T. COOK
COMPLETE STUDY OF VOLUMINOUS
RECORDS PRODUCED BY DEFENDANT TO
REQUEST FOR PRODUCTION OF DOCUMENTS
IN PREPARATION FOR DEPOSITION OF
DEFENDANTS
07-10-2013
T. COOK
OUTLINE FOR DEPOSITION OF DEFENDANT
WITNESS M. RUZICH
07-10-2013
T. COOK
TAKE DEPOSITION OF DEFENDANT WITNESS
M. RUZICH
07-10-2013
T. COOK
MEET AND CONFER WITH CLIENT POST
DEPOSITION [Privileged Communication]
07-11-2013 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
MATERIALS AND IDENTIFY EXHIBITS FOR
LUDKE DEPOSITION

3.1

170.00

3.5

380.00

380.00

$380.00

3.5

380.00

$1,330.00

0.5

380.00

$190.00

3.8

170.00

$646.00 Duplicative of 7/8/13
entry, excessive

07-11-2013 L. SIMONINI DETERMINE CAP REPRESENTATIVE THAT
HAS VERIFIED DISCOVERY

0.3

170.00

07-11-2013 L. SIMONINI ADDRESS ISSUES REGARDING AUDIO OF
COOK MEETINGS

1.2

170.00

$204.00 Vague

07-11-2013 L. SIMONINI STUDY DEPARTMENT OF ECONOMIC
SECURITY MATERIALS TO IDENTIFY
EXHIBIT REGARDING CAP'S TERMINATION
COMMITTEE

1.6

170.00

$272.00 Excessive

07-11-2013

T. COOK

4.2

380.00

07-11-2013

T. COOK

0.5

380.00

$190.00 Vague

1.2

170.00

$204.00

1.2

170.00

$204.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)
First entry (.3); second entry (2.8). Block billing; reduced
by 20%.

$1,330.00

1.0

Gressett Reply

STUDY KEY FILE MATERIALS AND LEGAL
RESEARCH TO PREPARE FOR DEPOSITION OF
M. LUDKE AND OUTLINE ISSUES FOR SAME,
SELECT EXHIBITS FOR SAME
SET UP PLAN OF ACTION FOLLOWING
DEPOSITION OF M. LUDKE AND OBTAIN
CLIENT APPROVAL AND INPUT

07-12-2013 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
MATERIALS FOR DEPOSITION OF M. LUDKE
07-12-2013 L. SIMONINI CONFER WITH ATTORNEY COOK AND
CLIENT [Privileged Communication]

$421.60 Block Billing

$51.00 Excessive

Paralegal Simonini's 3.8 time entry
to review and pull materials for the
Ludke deposition is neither
duplicative nor excessive. This is
file review in advance of the Ludke
deposition.
Paralegal Simonini's .3 time entry
to determine who verified CAP's
discovery is not excessive.
Paralegal Simonini's 1.2 time entry
to review the audio recording for
the Gressett meetings with Cook is
not vague.
Paralegal Simonini's 1.6 time entry
to search the DES files for a
document summarizing CAP's
determination of Gressett is not
excessive.

$1,596.00

Attorney Cook's .5 time entry to
modify the litigation plan of action
after the Ludke deposition is not
vague.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

07-12-2013 L. SIMONINI ADDRESS ISSUES REGARDING PLAN FOR
CASE GOING FORWARD IN LIGHT OF
FAVORABLE DEPOSITION TESTIMONY

2.3

170.00

07-12-2013

T. COOK

EVALUATE QUALITY OF AUDIO TAPE FOR
AUTHENTICATION WITH M. LUDKE BUT
OPTED TO POSTPONE FOR COOK
DEPOSITION

0.7

380.00

07-12-2013

T. COOK

4.0

380.00

07-12-2013

T. COOK

TAKE DEPOSITION OF M. LUDKE, SR. HR
GENERALIST FOR DEFENDANT
MEET AND CONFER WITH CLIENT AND
PARALEGAL [Privileged Communication]

0.7

380.00

$266.00 Vague

07-12-2013

T. COOK

2.0

380.00

$760.00

07-13-2013

J. BLAIR

0.4

380.00

$152.00

07-13-2013

T. COOK

0.1

380.00

$38.00

07-13-2013

T. COOK

0.2

380.00

$76.00

07-13-2013

T. COOK

2.1

380.00

$798.00

07-13-2013

T. COOK

BEGIN COMPREHENSIVE MEMORANDUM TO
FILE OF ARGUMENT FOR CASE WITH
FACTUAL DEVELOPMENTS AND
CHRONOLOGY OF EVENTS IDENTIFIED
STUDY DRAFT SUMMARY OF CLAIMS AND
DEFENSES
STUDY EMAIL FROM CLIENT [Privileged
Communication]
STUDY DOCUMENTS SENT FROM CLIENT
[Privileged Communication]
PREPARE COMPREHENSIVE MEMORANDUM
OF INFORMATION OBTAINED FROM ALL
DATA POSSESSED AT THIS TIME FOR USE IN
STRATEGY WORK UP, FUTURE DEPOSITIONS,
VALUATION
STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Duplicative of 7/15/13
entry above

07-13-2013

T. COOK

STUDY DOCUMENTS FROM CLIENT
[Privileged Communication]

0.1

380.00

$38.00 Duplicative of above
entry

0.1

170.00

$17.00

Gressett Reply

07-15-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING DEPOSITIONS OF SIGMON,
COOK AND MODEER

$391.00 Vague

Paralegal Simonini's 2.3 time entry
reflecting assignments given her
after the Ludke deposition is not
vague. She was to implement
Attorney Cook's modified plan of
action.
$266.00 Excessive, duplicate of L. Attorney Cook's .7 time entry
Simonini 7/11/13 entry reflects Attorney Cook's analysis of
the optimal use of the audiotape in
depositions of CAP witnesses. This
is not duplicative of a paralegal
assignment nor excessive in any
way.
$1,520.00
Attorney Cook's .7 time entry
reflects a meet and confer with
Plaintiff Gressett and is only vague
in that it is privileged.

Attorney Cook's .1 time entry
represents a separate email and is
therefore not duplicative.
Attorney Cook's .1 time entry
represents a review of documents,
not the email, and is therefore not
duplicative.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

07-15-2013 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING DEPOSITIONS

0.1

170.00

07-15-2013 L. SIMONINI TELEPHONE CALL ATTORNEY BLAIR AND
ATTORNEY COOK REGARDING
DEPOSITIONS, PLAN FOR CASE GOING
FORWARD

2.1

170.00

$357.00 Internal Conference

07-15-2013 L. SIMONINI STUDY MASTER MEMORANDUM TO
IDENTIFY PLAN FOR CASE GOING FORWARD
07-15-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE

0.7

170.00

$119.00

0.1

170.00

$17.00

07-15-2013

J. BLAIR

EXTENDED TELEPHONE CALL WITH T. COOK
TO DISCUSS EARLY DEPOSITIONS

2.0

380.00

07-15-2013

J. BLAIR

ARRANGE SCHEDULING FURTHER
DEPOSITIONS

0.2

380.00

07-15-2013

J. BLAIR

EMAIL FROM CAP REGARDING DEPOSITIONS

07-16-2013 L. SIMONINI STUDY CAP'S REQUEST FOR PRODUCTION
OF DOCUMENTS RESPONSES TO IDENTIFY
POTENTIAL EXHIBITS FOR D. SIGMON

$17.00 Excess billing for email
exchange

Gressett Reply

$760.00 Internal Conference,
excessive

$76.00 Excessive

0.1

380.00

$38.00

3.2

170.00

$544.00

Paralegal Simonini's .1 time entry
represents review of an email from
CAP's attorney, and is not
excessive.
Paralegal Simonini's 2.1 time entry
for an extensive phone call with
attorneys Blair and Cook about the
case going forward is not an
internal conference because
Attorney Cook did not bill for the
conversation and Paralegal
Simonini's role was to take
assignments regarding the case
going forward.

Attorney Blair's 2.0 time entry for
an extended phone call with
Attorney Cook is not an internal
conference because Attorney Cook
did not bill for the call. Further, it
is not excessive because it was an
important step in the case and it
lasted 2 hours.
Attorney Blair's .2 time entry for
addressing and resolving the need
for further depositions is not
excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

07-16-2013 L. SIMONINI INTERNET RESEARCH REGARDING D.
MODEER

2.7

170.00

$459.00 Excessive, Vague

07-16-2013 L. SIMONINI STUDY CAP'S PRODUCTION FILES FOR
POTENTIAL DEPOSITION EXHIBITS FOR D.
MODEER
07-17-2013 L. SIMONINI STUDY EXPERT CAMERON'S RESPONSE TO
SUBPOENA DUCES TECUM

1.2

170.00

$204.00

4.4

170.00

$748.00 Excessive

07-18-2013 L. SIMONINI STUDY GRESSETT'S DEPARTMENT OF
ECONOMIC SECURITY MATERIALS TO
IDENTIFY POTENTIAL DEPOSITION EXHIBITS

1.3

170.00

07-18-2013 L. SIMONINI DRAFT THIRD SUPPLEMENTAL RESPONSE
TO REQUEST FOR PRODUCTION OF
DOCUMENTS
07-18-2013 L. SIMONINI STUDY ADDITIONAL PRODUCTION
MATERIALS AND IDENTIFY RECORDS TO BE
INCLUDED IN TIME LINE

0.3

170.00

Paralegal Simonini's 4.4 time entry
to study the 826 page response by
CAP's expert to Plaintiff's
subpoena is not excessive given the
extent of Expert Cameron's
response.
$221.00 Excessive, duplicative of Paralegal Simonini's 1.3 time entry
7/11/13 entry
is not duplicative of the earlier
entry because this time entry is
specifically to identify potential
deposition exhibits. Further, it is
not an excessive time to identify
deposition exhibits.
$51.00

3.2

170.00

$544.00 Vague

07-18-2013

T. COOK

0.4

380.00

$152.00

07-18-2013

T. COOK

0.1

380.00

$38.00

SELECT DOCUMENTS TO GO TO EXPERTS
FOR REVIEW AND ANALYSIS
STUDY EMAIL FROM CLIENT [Privileged
Communication]

Paralegal Simonini's 2.7 time entry
to research what she could learn
about key CAP official Modeer is
neither vague nor excessive,
recognizing Mr. Modeer was the
individual who terminated Plaintiff
Gressett and was a key witness at
trial. The vagueness criticism is not
well-taken because Paralegal
Simonini was given the assignment
of learning all she could about Mr.
Modeer's management and
experiences, and that is what the
time entry implies.

Paralegal Simonini's 3.2 time entry
to study additional production
materials to be included in the
Gressett timeline is not vague;
Paralegal Simonini was tasked with
providing support for the litigation
timeline.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

07-18-2013

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Duplicative

07-18-2013

J. BLAIR

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]

0.2

380.00

$76.00 Duplicative, excessive
billing re: above entry

07-19-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
07-19-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

0.1

170.00

$17.00

0.1

170.00

$17.00 Vague

07-19-2013 L. SIMONINI STUDY DEPOSITION OF M. RUZICH AND
NOTE DOCUMENTS TO BE REQUESTED IN
LIGHT OF HER TESTIMONY

2.3

170.00

$391.00 Excessive

07-19-2013 L. SIMONINI CONFER WITH ATTORNEYS REGARDING
DOCUMENTS IDENTIFIED DURING RUZICH
AND LUDKE DEPOSITIONS

1.3

170.00

$221.00 Internal Conference

07-22-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING DEPOSITIONS
07-22-2013 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING DEPOSITIONS

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

07-22-2013 L. SIMONINI IDENTIFY DEPOSITION MATERIALS FROM
RUZICH AND LUDKE DEPOSITIONS FOR
ATTORNEY BLAIR'S REVIEW

0.8

170.00

$136.00

CAP Objections

Gressett Reply

Attorney Cook's .1 time entry to
study an email from Plaintiff
Gressett is not duplicative; it is a
separate email.
Attorney Blair's .2 time entry for
email exchange with Plaintiff
Gressett is not duplicative or
excessive, it is Attorney Blair's
process for staying in tune with
privileged communications with
the firm's client.

Paralegal Simonini's .1 time entry
to prepare an email to Plaintiff
Gressett is not vague; it is
privileged.
Paralegal Simonini's 2.3 time entry
to study the deposition of Ruzich
and identify documents to request
from CAP in light of her deposition
testimony is not excessive. Ruzich
was a key witness and her
deposition testimony led to key
documents to be requested.
Paralegal Simonini's 1.3 time entry
to confer with attorneys regarding
Ruzich and Ludke documents is
not an internal conference; no other
attorney billed for that discussion.

Paralegal Simonini's .1 time entry
to review an email is not excessive
billing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

07-22-2013 L. SIMONINI STUDY CAP'S EMPLOYEE MANUAL TO
IDENTIFY REPORTING DIRECTIVES

2.3

170.00

$391.00 Excessive, vague

07-22-2013 L. SIMONINI STUDY DEPARTMENT OF LABOR RECORDS
TO IDENTIFY SOURCE OF GRESSETT'S
ABSENCES

2.3

170.00

$391.00 Excessive - records
consisted of only 127
pages

07-22-2013

J. BLAIR

0.2

380.00

07-22-2013

J. BLAIR

REVIEW RUZICH DEPOSITION TRANSCRIPT
AND SUPPORTING EXHIBITS, MAKE NOTES
FOR USE IN DELGADO DEPOSITION
07-23-2013 L. SIMONINI STUDY CAP'S DISCLOSURE DOCUMENTS TO
IDENTIFY ITEMS TO BE INCLUDED IN
TIMELINE
07-23-2013 L. SIMONINI CONFER WITH ATTORNEY BLAIR
REGARDING ITEMS NEEDED FOR
DEPOSITION OF DELGADO
07-23-2013 L. SIMONINI STUDY TRANSCRIPT OF LUDKE DEPOSITION
AND IDENTIFY ITEMS TO BE SOUGHT VIA
REQUEST FOR PRODUCTION OF DOCUMENTS

2.7

380.00

$1,026.00

2.7

170.00

$459.00

0.2

170.00

$34.00

2.1

170.00

$357.00

07-23-2013

T. COOK

2.0

380.00

$760.00

07-23-2013

T. COOK

2.0

380.00

$760.00 Vague, Excessive,
duplicative of previous
research

Gressett Reply

PLAN DEPOSITIONS AFTER INITIAL
DISCUSSIONS OF EARLY SETTLEMENT

BEGIN COMPREHENSIVE STUDY OF ALL FILE
MATERIALS TO OUTLINE CURRENT
THEORIES OF LIABILITY AND DAMAGES
BEGIN LEGAL RESEARCH TO VERIFY SCOPE
OF CLAIM GOING FORWARD

$76.00 Vague

Paralegal Simonini's 2.3 hours to
study and identify materials from
CAP's employment manual is
neither excessive nor vague. Those
materials were critical to the case
and an appropriate assignment for a
paralegal.
Paralegal Simonini's 2.3 hours to
identify Gressett's absences in the
DOL records is not excessive. This
was an appropriate amount of time
to review these files for this key
issue.
Attorney Blair's .2 time entry to
plan depositions going forward
after settlement discussions is not
vague. It is what attorneys do at
critical stages of the case.

Attorney Cook's 2.0 hours of legal
research to assess the scope of
Plaintiff Gressett's claim at this
stage of the litigation is neither
vague nor excessive, nor
duplicative of prior research.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

07-23-2013

J. BLAIR

07-23-2013

Description

J. BLAIR

PARALEGAL ASSIGNMENTS REGARDING
MATERIALS FROM CAP

Hours

Rate

Amount

CAP Objections

0.2

380.00

STUDY PORTION OF LUDKE DEPOSITION,
MAKE NOTES REGARDING SAME
07-24-2013 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS AND IDENTIFY POTENTIAL
EXHIBITS FOR DEPOSITION OF T. DELGADO
07-24-2013 L. SIMONINI ADDRESS ISSUES REGARDING DOCUMENTS
TO BE SOUGHT THAT WERE DISCUSSED BY
DEPONENTS LUDKE AND RUZICH

0.6

380.00

$228.00

3.7

170.00

$629.00

0.8

170.00

$136.00 Vague

07-24-2013 L. SIMONINI ADDRESS ISSUES REGARDING EXHIBITS
NEEDED FOR DEPOSITION OF DELGADO

1.1

170.00

$187.00 Vague, excessive

07-24-2013

T. COOK

CONTINUE RESEARCH RE FMLA

2.8

380.00

07-24-2013

J. BLAIR

STUDY DOCUMENTS FOR DEPOSITIONS
NEXT WEEK

1.1

380.00

$418.00 Vague

Attorney Blair's 1.1 hours to review
documents prior to upcoming
depositions is not vague.

07-24-2013

J. BLAIR

STUDY LUDKE TRANSCRIPT AND MAKE
NOTES REGARDING SAME

2.0

380.00

$760.00 Duplicative of entry on
7/23/13

Attorney Blair's 2.0 hours to review
the Ludke transcript and make
notes regarding that transcript is
not duplicative of work begun the
prior day, but a continuation of that
work.

07-24-2013

T. COOK

0.1

380.00

$38.00

0.4

170.00

$68.00

SEND EMAIL TO DEFENDANT REGARDING
PENDING DISCOVERY INQUIRIES
07-25-2013 L. SIMONINI IDENTIFY CAP POLICY DOCUMENTS FOR
ATTORNEY USE IN PREPARING FOR
DELGADO DEPOSITION

$76.00 Vague

Gressett Reply

$1,064.00 Background research,
excessive, vague

Attorney Blair's .2 time entry to
Paralegal Simonini to perform
reviews of materials received from
CAP is not vague. It represents the
time taken by an attorney to outline
assignments for a paralegal, an
efficient use of both disciplines.

Paralegal Simonini's .8 time entry
to address how to seek and/or use
documents discussed by CAP
employees Ludke and Ruzich is not
vague. It is a natural assignment
after their depositions.
Paralegal Simonini's 1.1 time entry
to begin her preparation for the
Delgado deposition is neither vague
nor excessive. It represents a
sharing of responsibilities between
attorneys and paralegals.
Attorney Cook's 2.8 hours to
research FMLA issues is a
continuation of earlier research by
Attorney Cook, neither background
research, nor excessive, nor vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

07-25-2013

J. BLAIR

07-25-2013

J. BLAIR

COMPLETE REVIEW OF LUDKE DEPOSITION
AND MARKED EXHIBITS, MAKE NOTES FOR
TOM DELGADO DEPOSITION
STUDY GRESSETT FILE, MARK EXHIBITS FOR
DEPOSITION NEXT WEEK

07-25-2013

J. BLAIR

07-25-2013

J. BLAIR

Hours

Rate

Amount

CAP Objections

Gressett Reply

1.1

380.00

$334.40 Block billing

First entry (.6); second entry (.5)

1.5

380.00

$570.00 Vague, clerical, block
billing

STUDY EMAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITIONS SCHEDULED

0.2

380.00

PLAN SIGMON DEPOSITION

0.7

380.00

Attorney Blair's 1.5 hours to review
the Gressett file and pull exhibits
for an upcoming deposition is
neither vague, nor clerical nor
block billing. It is one time entry to
begin preparation for the
deposition.
Attorney Blair's .2 time entry to
review an email from CAP's
counsel is not excessive, but the
time needed.
Attorney Blair's .7 time entry to
plan for the Sigmon deposition is
not vague, but time necessary to
consider question areas for that
deposition.

$76.00 Excessive

$266.00 Vague

07-25-2013

J. BLAIR

STUDY GRESSETT PERSONNEL FILE

0.5

380.00

$190.00

07-25-2013

J. BLAIR

STUDY GRESSETT MEDICAL FILE

0.5

380.00

$190.00

07-25-2013

J. BLAIR

PARALEGAL ASSIGNMENTS FOR
DEPOSITION NEXT WEEK

0.2

380.00

4.7

170.00

07-26-2013 L. SIMONINI DRAFT TIMELINE

0.7

170.00

Attorney Blair's .2 time entry to
seek assistance from Paralegal
Simonini prior to upcoming
depositions is neither vague nor
clerical. It is what attorneys and
paralegals do.
$799.00 Duplicative to 6/5/13 and Paralegal Simonini's 4.7 to study
7/18/13 entries
discovery and disclosure materials
to supplement the litigation
timeline is not duplicative of prior
efforts but a continuation of those
efforts.
$119.00

07-26-2013 L. SIMONINI IDENTIFY CORRECTIVE ACTIONS
MATERIALS FOR ATTORNEY USE AT
DEPOSITION OF DELGADO
07-26-2013
J. BLAIR
STUDY CHARTS DISCLOSED BY CAP

0.8

170.00

$136.00

0.5

380.00

$190.00

07-26-2013

J. BLAIR

1.4

380.00

$532.00

07-26-2013

J. BLAIR

0.8

380.00

$304.00 Duplicative of 7/25/15
entry

07-26-2013 L. SIMONINI STUDY VOLUMINOUS PRODUCTION AND
DISCLOSURE DOCUMENTS AND IDENTIFY
MATERIALS AND INFORMATION TO BE
INCLUDED IN TIME LINE

EXTENDED TELEPHONE CALL WITH A.
GRESSETT [Privileged Communication]
REVIEW EMPLOYMENT AND MEDICAL FILES

$76.00 Vague, clerical

Attorney Blair's .8 time entry to
review employment and medical
files is a continuation of prior
work, not duplicative of that work.

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

07-26-2013

J. BLAIR

STUDY NOTES FOR DELGADO DEPOSITION

1.1

380.00

07-26-2013

J. BLAIR

EMAIL EXCHANGE WITH T. COOK
REGARDING DEPOSITIONS

0.2

380.00

$76.00 Internal Conference
(email)

07-26-2013

J. BLAIR

0.2

380.00

$76.00

07-28-2013

J. BLAIR

REVIEW POLICIES HIGHLIGHTED BY A.
GRESSETT
EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
IDENTIFY AND PREPARE ADDITIONAL
EXHIBITS FOR ATTORNEY USE AT
DEPOSITION OF T. DELGADO
UPDATE TIMELINE TO INCLUDE ADDITIONS
FROM ATTORNEY COOK
DRAFT NOTICE OF SERVICE OF SECOND
SUPPLEMENTAL RESPONSE TO REQUEST
FOR PRODUCTION OF DOCUMENTS
DRAFT NOTICE OF SERVICE OF THIRD
SUPPLEMENTAL RESPONSE TO REQUEST
FOR PRODUCTION OF DOCUMENTS
STUDY ATTACHMENTS TO CAP'S
SUPPLEMENTAL DISCLOSURE STATEMENT
TELEPHONE CALL WITH T. COOK
REGARDING DEPOSITION

0.2

380.00

$76.00

2.7

170.00

$459.00

0.9

170.00

$153.00

0.1

170.00

$17.00 Clerical

0.1

170.00

$17.00 Clerical

1.7

170.00

$289.00

0.5

380.00

$190.00 Internal Conference

PREPARE FOR DEPOSITION OF DELGADO,
REVIEW FILE, DOCUMENTS, EMAIL
EXCHANGES WITH PARALEGAL AND A.
GRESSETT
EDIT TIME LINE

5.2

380.00

1.8

380.00

$684.00

STUDY EMAIL FROM CLIENT [Privileged
Communication]
STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00

0.1

380.00

$38.00 Duplicative of above
entry

Attorney Cook's .1 to review an
email from Plaintiff Gressett is not
duplicative; it is a separate email.
Attorney Cook's .1 time entry to
prepare an email to Plaintiff
Gressett is not excessive; it is part
of the representation.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

07-29-2013 L. SIMONINI

07-29-2013 L. SIMONINI
07-29-2013 L. SIMONINI

07-29-2013 L. SIMONINI

07-29-2013 L. SIMONINI

$418.00

07-29-2013

J. BLAIR

07-29-2013

J. BLAIR

07-29-2013

T. COOK

07-29-2013

T. COOK

07-29-2013

T. COOK

07-29-2013

T. COOK

SEND EMAIL TO CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excessive

07-29-2013

T. COOK

STUDY JOB DESCRIPTION PRODUCED BY
CLIENT

0.2

380.00

$76.00

$1,580.80 Block billing

Attorney Blair's .2 time entry for an
email exchange with Attorney
Cook is not an attorney conference,
Attorney Cook did not bill for this
time.

Paralegal Simonini's .1 time entry
to prepare a notice of service
document is not clerical.
Paralegal Simonini's .1 time entry
to prepare a notice of service
document is not clerical.

Attorney Blair's .5 time entry for a
phone conference with Attorney
Cook is not an internal conference.
Attorney Cook did not bill for this
discussion.
Time entry 1 (3.8); time entry 2
Block billing; reduced
(.8); time entry (.6)
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

07-30-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
07-30-2013 L. SIMONINI MEET WITH ATTORNEY BLAIR AND CLIENT
[Privileged Communication]
07-30-2013 L. SIMONINI STUDY BJORKLUND'S SUPPLEMENTAL
REPORT AND APPLY TO FMLA STATUTE TO
DETERMINE POTENTIAL RANGE OF
SETTLEMENT NUMBERS TO CONVEY TO
DEFENDANT

0.1

170.00

$17.00

0.6

170.00

$102.00

2.7

170.00

$459.00 Excessive, vague

Paralegal Simonini's 2.7 hours to
complete an assignment to develop
a range of settlement numbers to
convey to CAP by studying
Bjorklund's supplemental report is
neither excessive nor vague.

07-30-2013 L. SIMONINI ASSIST ATTORNEY BLAIR REGARDING
PREPARATION FOR DEPOSITION OF T.
DELGADO

1.3

170.00

$221.00 Vague, duplicative of L.
Simonini 7/26/13 and
7/29/13 entries

Paralegal Simonini's 1.3 hour time
entry to assist in preparation for the
Delgado deposition is not vague or
duplicative of prior entries but a
continuation of that assignment.

07-30-2013 L. SIMONINI DOCUMENT SOURCE OF SETTLEMENT
NUMBERS USING BJORKLUND'S REPORT
AND ACCOUNTING INFORMATION

1.3

170.00

$221.00 Vague, excessive

Paralegal Simonini's 1.3 hour to
document her analysis referenced
above is neither vague nor
excessive.

07-30-2013

J. BLAIR

0.5

380.00

$190.00

07-30-2013

J. BLAIR

REVIEW FILE MATERIALS FOR DEPOSITION
THIS AM
DEPOSITION OF TOM DELGADO

4.1

380.00

$1,558.00

07-30-2013

J. BLAIR

2.1

380.00

$798.00

07-30-2013

J. BLAIR

MEET WITH A. GRESSETT [Privileged
Communication]
EMAIL EXCHANGE WITH T. COOK
REGARDING DEPOSITIONS

0.1

380.00

$38.00 Internal Conference

07-30-2013

T. COOK

0.1

380.00

$38.00

0.9

380.00

$342.00

1.0

170.00

$170.00

STUDY EMAIL FROM DEFENDANT
REGARDING SETTLEMENT DEMAND AND
MEDICAL RECORDS
07-30-2013
T. COOK
STUDY CALCULATIONS OF CASE VALUE
STARTING WITH EXPERT NUMBERS, ASSESS
COMPONENTS OF RISK, ADDITIONS PER THE
STATUTE, REALISTIC VALUATION FOR THIS
CASE TO PROPOSE TO CLIENT FOR INITIAL
CASE DEMAND
07-31-2013 L. SIMONINI TELEPHONE CALL ATTORNEY BLAIR,
ATTORNEY COOK AND CLIENT [Privileged
Communication]

Attorney Blair's .1 time entry to
exchange emails with Attorney
Cook is not an internal conference.
Attorney Cook did not bill for this
exchange.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

07-31-2013 L. SIMONINI TELEPHONE CALL ATTORNEY BLAIR AND
CAP'S ATTORNEY REGARDING SETTLEMENT
OFFER AND OUTSTANDING MEDICAL
RECORDS ISSUE
07-31-2013 L. SIMONINI DRAFT NOTICE OF DEPOSITION TO D.
MODEER
07-31-2013 L. SIMONINI DRAFT NOTICE OF DEPOSITION TO D.
SIGMON
07-31-2013 L. SIMONINI DRAFT NOTICE OF VIDEO CONFERENCE
DEPOSITION OF M. COOK
07-31-2013 L. SIMONINI TWO TELEPHONE CALLS COURT REPORTER
REGARDING VIDEO CONFERENCE
DEPOSITION IN NEBRASKA

0.2

170.00

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.3

170.00

$51.00 Clerical

07-31-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
07-31-2013 L. SIMONINI SUMMARIZE NOTES REGARDING
TELEPHONE CALL WITH CLIENT AND
TELEPHONE CALL WITH CAP ATTORNEY
07-31-2013
J. BLAIR
VALUE A. GRESSETT'S CASE

0.1

170.00

$17.00

0.6

170.00

$81.60 Block billing

1.1

380.00

$418.00 Vague, excessive,
duplicative of T. Cook
7/30/13 entry

07-31-2013

J. BLAIR

0.5

380.00

$190.00

07-31-2013

J. BLAIR

0.2

380.00

$76.00

07-31-2013

J. BLAIR

TELEPHONE CALL WITH CAP'S ATTORNEY
RE MEDICAL RECORDS AND DEMAND
NOTE TO THE FILE REGARDING TELEPHONE
CALL WITH CAP'S ATTORNEY
ADDRESS MEDICAL RECORDS ISSUE,
MATERIALS POST TERMINATION

0.3

380.00

07-31-2013

J. BLAIR

0.2

380.00

$76.00

07-31-2013

T. COOK

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
TELEPHONE CALL WITH J. BLAIR, CLIENT
[Privileged Communication]

1.0

380.00

$380.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$34.00

0.1

Gressett Reply

$114.00 Vague

Paralegal Simonini's .3 time entry
for two phone calls to the court
reporter in Nebraska concerning
depositions is not clerical; it what
paralegals do to make cases operate
efficiently.

First time entry (.4); second time
entry (.2).
Attorney Blair's 1.1 hour time entry
to value Gressett's case at that point
of the litigation is neither vague,
nor excessive, nor duplicative of
Attorney Cook's estimate of the
case value at that stage of the
litigation. It is what attorneys do to
attempt to resolve a case early.

Attorney Blair's .3 time entry to
address the medical records issue is
reference to the issue that came
before the Court. It is not vague. It
is this attorney's effort to determine
whether the matter should be
directed to the Court's attention.

Block billing; reduced
by 20%.

Date

Attorney

07-31-2013

Description

T. COOK

Hours

Rate

Amount

CAP Objections

STUDY EMAIL FROM CLIENT [Privileged
Communication]
07-31-2013
T. COOK
EMAIL TO FILE AND TEAM REGARDING
BASIS FOR DENYING MEDICAL RECORDS TO
DEFENDANT
08-01-2013 L. SIMONINI STUDY CAP'S CORRECTIVE ACTION POLICY
TO DETERMINE ITS IMPACT ON CLIENT'S
2007 WRITE-UP

0.1

380.00

$38.00

0.2

380.00

$76.00

0.6

170.00

$102.00 Excessive

08-01-2013 L. SIMONINI IDENTIFY REQUEST FOR PRODUCTION OF
DOCUMENTS RESPONSE DOCUMENTS FOR
CLIENTS REVIEW IN ADVANCE OF HER
DEPOSITION
08-01-2013 L. SIMONINI IDENTIFY PERTINENT DOCUMENTS
RECEIVED IN RESPONSE TO REQUEST FOR
PRODUCTION FOR USE AT DEPOSITION OF M.
COOK
08-01-2013
J. BLAIR
ADDRESS MEDICAL RECORDS ISSUES

2.1

170.00

$357.00 Vague

1.6

170.00

$272.00

0.2

380.00

$76.00 Vague

08-01-2013

J. BLAIR

REVIEW EMAIL TO CAP ADVISING IT HAS NO
RIGHT TO A. GRESSETT'S MEDICAL FILE

0.2

380.00

$76.00 Excessive

08-01-2013

T. COOK

0.8

380.00

$304.00

08-01-2013

T. COOK

STUDY DEFENDANT'S SECOND
SUPPLEMENTAL DISCLOSURE STATEMENT
WITH ATTACHMENTS
SEND EMAIL TO DEFENDANT REGARDING
NO PRODUCTION OF MEDICAL RECORDS TO
BE MADE

0.3

380.00

$114.00 Excessive

1.5

170.00

$255.00

1.1

170.00

$187.00

Gressett Reply

08-02-2013 L. SIMONINI STUDY CAP'S VOLUMINOUS POLICY AND
PROCEDURE HANDBOOK TO IDENTIFY
PERTINENT POLICIES FOR USE AT
UPCOMING DEPOSITIONS
08-05-2013 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF M.
RUZICH TO IDENTIFY ITEMS TO BE
ADDRESSED AT D. SIGMON DEPOSITION

Paralegal Simonini's .6 time entry
to review CAP's corrective action
policy is not excessive. It is the
time taken by the paralegal to assist
her attorneys.
Paralegal Simonini's 2.1 time entry
to pull materials for Plaintiff
Gressett's review prior to her
deposition is not vague.

Attorney Blair's .2 time entry to
address medical records issue is a
continuation of the time entry
challenged above. It is not vague.
Attorney Blair's .2 time entry to
review the correspondence to CAP
concerning the Gressett medical file
is not excessive. It is this attorney's
brief analysis of the issues between
the parties.

Attorney Cook's .3 time entry to
send an email to CAP's counsel
regarding the medical records issue
is not excessive. It is an effort to
seek agreement with counsel
regarding those records.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

08-05-2013 L. SIMONINI STUDY REQUEST FOR PRODUCTION OF
DOCUMENTS RESPONSES REGARDING
CLIENT'S E-MAIL FILES TO IDENTIFY
POTENTIAL EXHIBITS FOR D. SIGMON
DEPOSITION
08-05-2013
J. BLAIR
STUDY BACHELDER NINTH CIRCUIT
DECISION, EMAIL TO LITIGATION TEAM
REGARDING SAME
08-05-2013
J. BLAIR
STUDY TRANSCRIPT OF TAPE FROM
MEETINGS WITH MIKE COOK

2.4

170.00

$408.00

1.2

380.00

$456.00 Block Billing

First time entry (.9); second time
entry (.3).

1.8

380.00

$684.00 Duplicative of 6/14/13
and 7/12/13 entries

Attorney Blair's 1.8 time entry to
review the transcript of Ms.
Gressett's meetings with her
supervisor Cook is not duplicative
of earlier time entries. This is
Attorney Blair's only review of the
content of those meetings.

08-05-2013

J. BLAIR

PLAN LITIGATION THIS AND NEXT MONTH,
INCLUDING DEPOSITIONS AND MOTIONS

0.6

380.00

$228.00 Vague

Attorney Blair's .6 time entry to
plan the discovery and motions
practice for the next two months is
not vague. It is what attorneys do.

08-05-2013

J. BLAIR

0.4

380.00

$152.00

08-05-2013

T. COOK

0.5

380.00

$190.00

08-05-2013

T. COOK

0.9

380.00

$342.00

08-05-2013

T. COOK

STUDY LETTER FROM CAP'S ATTORNEY
REGARDING RIGHT TO MEDICAL RECORDS
EVALUATE CURRENT STATUS, UPCOMING
DEADLINES AND UPDATE PLAN OF ACTION
PREPARE SECOND SUPPLEMENTAL
DISCLOSURE STATEMENT TO CLARIFY
SCOPE OF CLIENT'S TESTIMONY, SCOPE OF
CLAIM TO EXCLUDE EMOTIONAL DISTRESS
UPDATE MASTER PLAN

0.6

380.00

$228.00

08-05-2013

T. COOK

STUDY DEFENDANT'S NOTICE OF
DEPOSITION OF CLIENT

0.1

380.00

$38.00 Excessive

08-06-2013 L. SIMONINI ADDRESS ISSUES REGARDING
VIDEOCONFERENCE OF M. COOK
DEPOSITION

0.7

170.00

$119.00 Excessive

08-06-2013 L. SIMONINI STUDY DEPARTMENT OF ECONOMIC
SECURITY FILE TO IDENTIFY PERTINENT
RECORDS TO BE USED AT DEPOSITION

1.7

170.00

$289.00 Excessive, vague,
duplicative of 6/14/13
and 7/12/13 entries

08-06-2013 L. SIMONINI STUDY E-MAIL FROM CAP'S ATTORNEY
REGARDING DEPOSITION OF D. MODEER

0.1

170.00

$17.00

Attorney Cook's .1 time entry to
review a deposition notice for
Plaintiff Gressett is not excessive.
Paralegal Simonini's .7 time entry
to determine whether the Cook
deposition should be conducted by
videoconference is not excessive.
Paralegal Simonini's 1.7 hours to
pull DES materials for the Cook
deposition is not excessive and not
duplicative of Paralegal Simonini's
assignments for other depositions.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

08-06-2013

J. BLAIR

STUDY LETTER FROM CAP REGARDING
MEDICAL RECORDS

0.4

380.00

$152.00 Duplicative of entry on
8/5/13

08-06-2013

J. BLAIR

0.6

380.00

$228.00

08-06-2013

J. BLAIR

0.2

380.00

$76.00

08-06-2013

T. COOK

0.1

380.00

$38.00

8/6/2013

T. COOK

STUDY SEVENTH CIRCUIT DECISION
REGARDING ACCESS TO MEDICAL RECORDS
REVIEW AND APPROVE DROPPING
EMOTIONAL DISTRESS CLAIM
STUDY EMAIL FROM COUNSEL FOR
DEFENDANT REGARDING DEPOSITION OF D.
MODEER
STUDY NOTICE OF DEPOSITION OF CLIENT

0.0

380.00

08-06-2013

T. COOK

STUDY EMAIL FROM COUNSEL FOR
DEFENDANT REGARDING MOVING
DEPOSITION OF D. MODEER
DRAFT NOTICE OF DEPOSITION TO D.
MODEER
DRAFT LETTER TO EXPERT BJORKLUND
REGARDING SUBPOENA RESPONSE FROM
CAP'S EXPERT
IDENTIFY PERTINENT DOCUMENTS FROM C.
CAMERON'S SUBPOENA RESPONSE TO BE
FORWARDED TO EXPERT BJORKLUND
PREPARE COLLECTION OF EXHIBITS
MARKED AT PREVIOUS DEPOSITIONS FOR
USE AT UPCOMING DEPOSITIONS
DRAFT E-MAIL TO CLIENT [Privileged
Communication]
DRAFT E-MAIL TO EXPERT MCRAE
REGARDING RUZICH DEPOSITION
DRAFT E-MAIL TO EXPERT MCRAE
REGARDING LUDKE DEPOSITION

0.1

380.00

0.1

170.00

$0.00 Duplicative of entry on
Agreed.
8/5/13
$38.00 Excessive billing of email Attorney Cook's .1 time entry to
exchange
review an email from CAP's
attorney is not excessive.
$17.00

0.1

170.00

$17.00

1.2

170.00

$204.00

3.2

170.00

$544.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

0.9

380.00

0.2

380.00

0.9

380.00

08-07-2013 L. SIMONINI
08-07-2013 L. SIMONINI

08-07-2013 L. SIMONINI

08-07-2013 L. SIMONINI

08-07-2013 L. SIMONINI
08-07-2013 L. SIMONINI
08-07-2013 L. SIMONINI

08-07-2013

J. BLAIR

08-07-2013

J. BLAIR

08-07-2013

T. COOK

Description

ANALYZE MEDICAL RECORDS ISSUE, EMAIL
TO T. COOK
REVIEW PROGRESS TOWARD SETTING
DEPOSITIONS
STUDY DEFENDANT'S JANUARY 2010 POLICY
CHANGE NOTIFICATION MEMO FROM D.
MARTIN FOR CONTENT, INCONSISTENCIES
TO FMLA LAW AND PRACTICES AT CAP,
IDENTIFY FOLLOW-UP NEEDED

Hours

Rate

Amount

CAP Objections

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Attorney Blair's .4 time entry to
analyze CAP's position regarding
production of medical records is
not duplicative of other time entries
relating to this issue.

$17.00 Excessive billing of email Paralegal Simonini's .1 time entry
exchange
to prepare an email to Expert
McRae is not excessive.
$273.60 Block Billing
Time entry 1 (.9); time entry 2 (no Block billing; reduced
charge).
by 20%.
$76.00 Vague
Attorney Blair's .2 time entry to
determine what depositions have
been set when is not vague.
$342.00 Block billing
Time entry 1 (.6); time entry 2 (.3).

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

08-07-2013

T. COOK

STUDY SIX PAGE LETTER FROM DEFENDANT
REGARDING MEDICAL RECORDS AND WHY
THEY ARE RELEVANT FOR PRODUCTION IN
THIS CASE

0.5

380.00

08-07-2013

T. COOK

4.5

380.00

08-08-2013

J. BLAIR

BEGIN RESEARCH AND STUDY OF 13 CASES
(AND SUBSEQUENT CHALLENGES TO THE
CASES) CITED BY DEFENDANT FOR WHY
MEDICAL RECORDS MUST BE PRODUCED
ANALYZE MEDICAL RECORDS ISSUE,
CONFIRM WE WILL HOLD BACK CLIENT'S
MEDICAL FILE

2.4

380.00

08-08-2013

J. BLAIR

0.2

380.00

$76.00

08-08-2013

T. COOK

1.8

380.00

$684.00

08-08-2013

T. COOK

REVIEW EMAIL COMMUNICATIONS WITH
CAP'S ATTORNEY REGARDING MEDICAL
RECORDS
CONTINUE STUDY AND NOTATION OF CASE
LAW CITED BY DEFENDANT FOR
PRODUCTION OF MEDICAL RECORDS AND
SCOPE OF CLAIMS
MEET AND CONFER WITH J. BLAIR
REGARDING ISSUE OF MEDICAL RECORDS
RAISED BY DEFENDANT, STRATEGIC AND
LEGAL ISSUES, SCOPE OF CLAIM IN THIS
CASE, RATIONALE FOR AND AGAINST
PRODUCTION, REVIEW OF CASE LAW,
REVIEW OF STATUTORY AND REGULATORY
LAW, RESOLVE TO CONTINUE WITH DENIAL
OF PRODUCTION OF MEDICAL RECORDS

1.5

380.00

$570.00 Internal Conference

08-08-2013

T. COOK

0.2

380.00

$76.00

08-08-2013

T. COOK

SEND EMAIL TO DEFENDANT REGARDING
DECISION TO CONTINUE WITH NONDISCLOSURE OF MEDICAL RECORDS
AMEND AND FINALIZE SUPPLEMENTAL
DISCLOSURE STATEMENT REGARDING NO
CLAIM FOR EMOTIONAL DAMAGES AND NO
CLAIM FOR REINSTATEMENT

0.2

380.00

$76.00

Gressett Reply

$190.00 Duplicative of J. Blair
Attorney Cook's .5 time entry to
8/5/13 and 8/6/13 entries review CAP's position regarding
production of the Gressett medical
file is not duplicative of Attorney
Blair's separate review of this issue.
$1,710.00

$912.00 Excessive, duplicative of Attorney Blair's 2.4 hours to
T. Cook 8/7/13 entry
analyze whether the Gressett
medical file would be ordered
produced and establish Ms.
Gressett's position is not excessive
or duplicative of Attorney Cook's
review of this issue.

Attorney Cook's 1.5 hours to meet
and confer with Attorney Blair
regarding the medical records issue
is not a an internal conference;
Attorney Blair did not bill for this
discussion.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

08-08-2013

T. COOK

CONTINUE STUDY OF VOLUMINOUS CASE
LAW ON SCOPE OF FMLA CLAIMS,
DAMAGES, BURDEN OF PROOF FOR EACH

3.5

380.00

08-08-2013

T. COOK

0.1

380.00

08-08-2013

T. COOK

0.7

380.00

08-08-2013

T. COOK

0.1

380.00

$38.00

08-08-2013

T. COOK

0.3

380.00

$114.00

08-08-2013

T. COOK

0.1

380.00

$38.00

08-08-2013

T. COOK

0.1

380.00

$38.00

08-08-2013

T. COOK

STUDY EMAIL FROM DEFENDANT
REGARDING MEDICAL RECORDS
PREPARE MEMORANDUM TO FILE OF
FACTUAL ARGUMENT SUPPORTING BASIS
FOR NON-DISCLOSURE OF MEDICAL
RECORDS
STUDY NOTICE OF DEPOSITION OF
PLAINTIFF'S FORMER EMPLOYER
FOLLOW-UP WITH PLAINTIFF'S MEDICAL
PROVIDER IN CASE COURT RULES FOR
DEFENDANT ON MOTION TO COMPEL
STUDY COURT ORDER REGARDING ORAL
ARGUMENT ON MOTION TO COMPEL
STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]

0.1

380.00

08-08-2013

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

08-09-2013

J. BLAIR

0.5

380.00

08-09-2013

J. BLAIR

0.2

380.00

08-09-2013

J. BLAIR

ANALYZE MEDICAL RECORDS ISSUE AND
CONFIRM HEARING SET FOR TUESDAY
AFTERNOON
REVIEW EMAIL COMMUNICATIONS FROM
CAP ATTEMPTING TO GET CLIENT'S
DEPOSITION SET AHEAD OF COOK'S
DEPOSITION
ADDRESS DEPOSITION NOTICE OF CLIENT'S
PRIOR EMPLOYER/ATTORNEY NOW BEFORE
THE BAR

0.3

380.00

08-09-2013

T. COOK

0.1

380.00

$38.00

08-09-2013

T. COOK

0.1

380.00

$38.00

08-09-2013

T. COOK

STUDY AMENDED NOTICE FOR CLIENT
DEPOSITION
SEND EMAIL TO CLIENT [Privileged
Communication]
SEND EMAILS TO DEFENDANT REGARDING
COOK DEPOSITION

0.1

380.00

$38.00

CAP Objections

$1,330.00 Background research

Gressett Reply

Attorney Cook's 3.5 time entry to
analyze case law on FMLA claims,
damages, and the burden of proof is
not background research but
application of that research to this
case.

$38.00
$266.00 Excessive

Attorney Cook's .7 time entry to
draft the memorandum regarding
disclosure of the Gressett medical
file is not excessive.

$38.00 Excessive billing of email Attorney Cook's .1 time entry to
exchange
prepare an email to Plaintiff
Gressett is not excessive.
$38.00 Excessive billing of email Attorney Cook's .1 time entry to
exchange
review the email response from
Plaintiff Gressett is not excessive.
$190.00

$76.00

$114.00 Vague, excessive

Attorney Blair's .3 time entry to
analyze whether Plaintiff Gressett's
prior employer and attorney can be
deposed is neither vague nor
excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

08-09-2013

T. COOK

0.3

380.00

08-11-2013

T. COOK

EVALUATE SCOPE OF ISSUES TO RAISE IN
VERY LIMITED MEMORANDUM PERMITTED
BY COURT IN CONNECTION WITH MOTION
TO COMPEL PRODUCTION OF MEDICAL
RECORDS
STUDY NOTICE OF DEPOSITION OF CLIENT'S
FORMER ATTORNEY/ EMPLOYER

0.1

380.00

08-12-2013

J. BLAIR

REVIEW DRAFT PAPER REGARDING
MEDICAL RECORDS, DISCUSS WITH T. COOK

0.5

380.00

$190.00 Block billing;
Internal conference

08-12-2013

J. BLAIR

REVIEW FILINGS BY GRESSETT AND CAP,
MAKE NOTES FOR ARGUMENT TOMORROW

1.1

380.00

$418.00 Vague

08-12-2013

J. BLAIR

0.3

380.00

$114.00

08-12-2013

T. COOK

4.3

380.00

$1,634.00

08-12-2013

T. COOK

2.0

380.00

$760.00

08-12-2013

T. COOK

STUDY FAVORABLE ILLINOIS DISTRICT
COURT DECISION REGARDING MEDICAL
RECORDS
DRAFT MEMORANDUM TO COURT TO
DISPUTE DEFENDANT'S DISCOVERY
DEMAND FOR PLAINTIFF'S MEDICAL
RECORDS
STUDY ADDITIONAL CASE LAW REGARDING
FMLA CLAIMS, INTERFERENCE VS
RETALIATION, BURDEN OF PROOF, DUTIES
OF EMPLOYEE AND EMPLOYER TO AID WITH
CLOSING IN ON KEY CLAIMS
PREPARE OUTLINE FOR COURT
APPEARANCE ON DEFENDANT'S DEMAND
FOR PLAINTIFF'S MEDICAL RECORDS

0.9

380.00

$342.00 Duplicative of J. Blair
8/12/13 entry

08-12-2013

T. COOK

0.2

380.00

$76.00

08-12-2013

T. COOK

0.1

380.00

$38.00

08-12-2013

T. COOK

SEND EMAIL TO DEFENDANT COUNSEL TO
WITHDRAW KRUMWIEDE DEPOSITION
NOTICE
STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excessive billing of email Attorney Cook's .1 time entry to
exchange
send an email to Plaintiff Gressett
is not excessive billing.

$114.00

$38.00 Duplicative of J. Blair
8/9/13 entry

Attorney Cook's .1 time entry to
assess the defendant's ability to
depose prior counsel in this case is
not duplicative of Attorney Blair's
review of that issue.
First time entry (.3); second time
entry (.2). This is not an internal
conference; Attorney Cook did not
bill for this discussion.
Attorney Blair's 1.1 time entry to
review the filings by both parties in
advance of the hearing before
Judge Teilborg is not vague.

Attorney Cook's .9 time entry to
prepare an outline for oral
argument is not duplicative of
Attorney Blair's review of the
issues.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

08-13-2013

J. BLAIR

REVIEW MEDICAL RECORDS ISSUES WITH T.
COOK PRIOR TO HEARING

0.5

380.00

$190.00 Internal Conference

08-13-2013

J. BLAIR

1.7

380.00

$516.80 Block Billing

08-13-2013

J. BLAIR

0.1

380.00

$38.00

08-13-2013

T. COOK

2.3

380.00

$874.00

08-14-2013

J. BLAIR

HEARING BEFORE JUDGE TEILBORG
REGARDING MEDICAL RECORDS ISSUE,
POST HEARING DISCUSSIONS WITH CAP'S
ATTORNEY, PLAN LITIGATION GOING
FORWARD
EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
STUDY DEPOSITION OF M. LUDKE IN
PREPARATION FOR FOLLOW-UP ON
DISCOVERY AND FOR DEPOSITION OF D.
SIGMON
REVIEW DEPOSITION RESULTS THIS
MORNING

1.4

380.00

$532.00 Vague

08-14-2013

J. BLAIR

0.1

380.00

08-14-2013

T. COOK

REVIEW COURT ORDER REGARDING
MEDICAL RECORDS
COMPLETE OUTLINE FOR DEPOSITION OF D.
SIGMON, IDENTIFY AREAS TO DEVELOP
REGARDING FMLA NON-COMPLIANCE,
FOLLOW-UP DISCOVERY AND EXHIBITS TO
USE AT DEPOSITION
TAKE DEPOSITION OF D. SIGMON

2.8

380.00

2.5

380.00

$950.00

MEET AND CONFER WITH CLIENT [Privileged
Communication]
TELEPHONE CALL WITH EXPERT G. MCRAE
REGARDING STUDY OF DEPOSITIONS SO
FAR; ALL ISSUES COVERED IN FIRST REPORT
SEND EMAIL TO DEFENDANT COUNSEL
REGARDING DEADLINES TO MOVE,
KRUMWIEDE DEPOSITION POSTPONED,
COOK DEPOSITION
EMAIL EXCHANGE WITH CLIENT [Privileged
Communication]
SEND EMAIL TO DEFENDANT COUNSEL
REGARDING SUBPOENA DUCES TECUM OF
SOUTHWEST FAMILY PRACTICE

1.5

380.00

$570.00

0.5

380.00

$190.00

0.1

380.00

$38.00

0.1

380.00

$38.00

0.1

380.00

$38.00

08-14-2013

T. COOK

08-14-2013

T. COOK

08-14-2013

T. COOK

08-14-2013

T. COOK

08-14-2013

T. COOK

08-14-2013

T. COOK

Hours

Rate

Amount

CAP Objections

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Attorney Blair's .5 time entry to
discuss the medical records issue
with Attorney Cook is not an
internal conference, Attorney Cook
did not bill for this review.
First time entry (1.3); second time Block billing; reduced
entry (.2); third time entry (.2).
by 20%.

Attorney Blair's 1.4 time entry is to
review what was learned at the
deposition that date, and is not
vague.

$38.00
$851.20 Block billing

First time entry (1.8); second time
entry (.5); third time entry (.5).

Block billing; reduced
by 20%.

Date

Attorney

08-14-2013

T. COOK

08-14-2013

T. COOK

08-15-2013

J. BLAIR

08-15-2013

J. BLAIR

08-15-2013

T. COOK

08-15-2013

T. COOK

08-16-2013

J. BLAIR

08-16-2013

J. BLAIR

08-16-2013

T. COOK

08-16-2013

T. COOK

08-17-2013

T. COOK

08-17-2013

T. COOK

Description

BEGIN STUDY OF DEPOSITION OF M. LUDKE
FOR DISCOVERY FOLLOW-UP,
DEVELOPMENT OF ISSUES, SCOPE OF
POSSIBLE DEFENSES, PREPARATION FOR
DEPOSITION OF D. MODEER
BEGIN STUDY OF LATEST UPDATED
DISCOVERY RESPONSES WITH
ATTACHMENTS FROM DEFENDANT
STUDY BASIS FOR MOTION FOR SUMMARY
JUDGMENT SUPPORTED BY CAP'S RECORDS
REGARDING FMLA
EMAIL EXCHANGE REGARDING EMPLOYEE
WITNESSES

Hours

Rate

Amount

CAP Objections

1.8

380.00

$547.20 Block billing

1.3

380.00

$494.00

1.1

380.00

$418.00

0.2

380.00

$76.00 Vague, internal
conference

STUDY EMAIL FROM CLIENT [Privileged
Communication]
CONTINUE DETAILED STUDY OF
DOCUMENTS PRODUCED WITH
DEFENDANT'S RESPONSES TO PLAINTIFF'S
SECOND REQUEST FOR PRODUCTION OF
DOCUMENTS, CREATE CHART OF TIME
SHEETS, BEGIN TO INCORPORATE DETAILS
OF OTHER EVENTS WITHIN EACH PAY
PERIOD TO TRACK EVENTS AND TIME OFF
AND FMLA DESIGNATIONS (OR LACK
THEREOF)

0.1

380.00

$38.00

5.4

380.00

$2,052.00

STUDY DELGADO DEPOSITION, MAKE
NOTES REGARDING IMPLICATIONS FOR
DISCOVERY AND MOTIONS PRACTICE
EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
STUDY COURT ORDER GRANTING
EXTENSIONS TO DEADLINES
SEND EMAIL TO DEFENDANT COUNSEL
REGARDING DEADLINES AND PLAN OF
ACTION
STUDY DEFENDANT'S SECOND
SUPPLEMENTAL DISCLOSURE STATEMENT
WITH EXHIBITS RELATING TO PLAINTIFF'S
PRIOR EMPLOYERS
STUDY PLAINTIFF'S MEDICAL RECORDS FOR
2011, 2012 FROM SOUTHWEST FAMILY
MEDICAL

2.2

380.00

$836.00

0.2

380.00

$76.00

0.1

380.00

$38.00

0.1

380.00

$38.00

0.9

380.00

$342.00

0.9

380.00

$342.00

Gressett Reply

First time entry (.5); second time
entry (.5); third time entry (.8).

Attorney Blair's .2 time entry, an
internal email related to CAP
employee witnesses, is neither
vague nor an internal conference;
Attorney Cook did not bill for this
email.

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

08-19-2013 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF T.
DELGADO TO IDENTIFY ADDITIONAL
DISCOVERY TO BE PURSUED
08-19-2013 L. SIMONINI MEET WITH CLIENT [Privileged Communication]

2.3

170.00

$391.00

2.3

170.00

$391.00

08-19-2013 L. SIMONINI STUDY CAP'S RESPONSE TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS
AND ATTACHMENTS
08-19-2013 L. SIMONINI DRAFT SUBPOENA DUCES TECUM, LETTER
TO CUSTODIAN OF RECORDS AND
DECLARATION TO CUSTODIAN OF RECORDS
TO SOUTHWEST FAMILY PRACTICE

2.8

170.00

$476.00

0.3

170.00

$51.00 Excessive, duplicative counsel already had
records and were
reviewing them, see T.
Cook 8/17/13 entry

Paralegal Simonini's .3 time entry
to prepare materials supporting
production of records by Southwest
Family Practice is not excessive nor
duplicative of Attorney Cook's
prior review of the file materials.

08-19-2013 L. SIMONINI STUDY DEPOSITION OF M. LUDKE TO
IDENTIFY ADDITIONAL DISCOVERY TO BE
PURSUED, TRIAL EXHIBITS TO BE
IDENTIFIED

2.1

170.00

$357.00 Duplicative of T. Cook
8/14/13 entry

Paralegal Simonini's 2.1 hours to
review the Ludke deposition and
identify necessary discovery is not
duplicative of Attorney Cook's
review of that deposition the same
day as the Sigmon deposition. The
paralegal assignment came from the
attorney review.

08-19-2013

ANALYZE DES FILE, RELATED EMAIL
COMMUNICATIONS WITH T. COOK
08-19-2013
J. BLAIR
MEET WITH A. GRESSETT [Privileged
Communication]
08-19-2013
J. BLAIR
ANALYZE DAMAGES CLAIMS, DEFENSES TO
SAME
08-20-2013 L. SIMONINI STUDY DISCOVERY MATERIALS TO
IDENTIFY POTENTIAL EXHIBITS FOR USE
DURING D. MODEER DEPOSITION
08-20-2013 L. SIMONINI STUDY CLIENT'S MEDICAL RECORDS TO
IDENTIFY DOCTOR VISITS AND NOTES THAT
SUPPORT HER ABSENCES
08-20-2013
J. BLAIR
REVIEW EMAIL FROM A. GRESSETT
[Privileged Communication]
08-20-2013
J. BLAIR
CONFIRM INADEQUATE DISCOVERY
RESPONSES FROM CAP, ANALYZE RESPONSE
PROCEDURE
08-20-2013
T. COOK
COMPLETE STUDY AND NOTATIONS OF
DEPOSITION OF M. LUDKE

0.5

380.00

$190.00

0.6

380.00

$228.00

0.3

380.00

$114.00

1.5

170.00

$255.00

2.5

170.00

$425.00

0.2

380.00

$76.00

0.3

380.00

$114.00

1.8

380.00

$684.00 Vague

08-20-2013

1.0

380.00

$380.00 Vague

J. BLAIR

T. COOK

STUDY EXISTING EXHIBITS TO SELECT FOR
USE WITH D. MODEER

Attorney Cook's 1.8 time entry to
analyze and mark up the Ludke
transcript is not vague.
Attorney Cook's 1.0 time entry to
review exhibits for use in the
Modeer deposition is not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

08-20-2013

Description

T. COOK

STUDY REPORT OF EXPERT MCRAE TO AID
WITH PREPARATION OF DEPOSITION OF D.
MODEER
T. COOK
SEARCH VOLUMINOUS CASE RECORDS FOR
MORE DOCUMENTS TO MAKE WITH D.
MODEER
T. COOK
SEND EMAIL TO DEFENDANT COUNSEL
REGARDING MISSING DOCUMENTS AND
POSTPONING RECORDS PRODUCTION
T. COOK
STUDY LETTER FROM DEFENDANT
COUNSEL THAT RECORDS TO BE PRODUCED
LATER THIS WEEK WILL NOT IMPACT
MODEER DEPOSITION OR OTHERS
L. SIMONINI CONTINUE TO IDENTIFY AND PREPARE
MATERIALS FOR USE AT DEPOSITION OF D.
MODEER

Hours

Rate

Amount

CAP Objections

0.4

380.00

$152.00

0.7

380.00

$266.00 Vague

0.1

380.00

$38.00

0.1

380.00

$38.00

3.1

170.00

08-21-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING HER DEPOSITION
08-21-2013
J. BLAIR
CONFER WITH A. GRESSETT AND T. COOK
[Privileged Communication]
08-21-2013
J. BLAIR
DRAFT MOTION FOR SUMMARY JUDGMENT
BASED ON CAP'S "FMLA LEAVE" CHART
08-21-2013
T. COOK
BEGIN STUDY OF DEPOSITION OF T.
DELGADO
08-21-2013
T. COOK
TAKE DEPOSITION OF D. MODEER

0.1

170.00

$17.00

2.7

380.00

$1,026.00

2.3

380.00

$874.00

2.0

380.00

$760.00

2.6

380.00

$988.00

08-21-2013

CONFER WITH CLIENT, L. SIMONINI, J. BLAIR
[Privileged Communication]
08-21-2013
T. COOK
STUDY EMAIL FROM DEFENDANT COUNSEL
REGARDING DEPOSITIONS
08-22-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
08-22-2013 L. SIMONINI STUDY SECOND E-MAIL FROM CLIENT
[Privileged Communication]

1.0

380.00

$380.00

0.1

380.00

$38.00

0.1

170.00

$17.00

0.1

170.00

08-22-2013 L. SIMONINI STUDY DISTRICT COURT'S DOCKET TO
IDENTIFY ALL LITIGATION INVOLVING CAP

2.1

170.00

08-22-2013

J. BLAIR

1.1

380.00

08-22-2013

J. BLAIR

0.2

380.00

Gressett Reply

08-20-2013

08-20-2013

08-20-2013

08-21-2013

T. COOK

REVISE DRAFT MOTION FOR SUMMARY
JUDGMENT AND SUPPORTING FACTS AND
EXHIBITS
EMAIL COMMUNICATION WITH A. GRESSETT
[Privileged Communication]

$527.00 Duplicative of 8/14/13
and 8/20/13 entries,
excessive

Attorney Cook's .7 time entry of
additional records for the Modeer
deposition is not vague.

Paralegal Simonini's continuation
of the assignment to pull materials
for the Modeer deposition is not
duplicative of her earlier efforts.

$17.00 Excessive billing of email Paralegal Simonini's .1 time entry
exchange
to prepare an email for Plaintiff
Gressett is not excessive.
$357.00 Duplicative of 5/23/13
Paralegal Simonini's analysis of the
entry
district court docket regarding all
litigation involving CAP is not
duplicative of an earlier entry but a
continuation of that earlier
assignment.
$418.00

$76.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

08-22-2013

T. COOK

08-22-2013

Description

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]

Hours

Rate

Amount

CAP Objections

0.1

380.00

$38.00 Duplicative of J. Blair
8/22/13 entry

STUDY SECOND EMAIL FROM CLIENT
[Privileged Communication]
08-23-2013 L. SIMONINI ADDRESS ISSUES REGARDING CLIENT'S
DEPOSITION

0.1

380.00

$38.00

0.4

170.00

$68.00 Vague

08-23-2013 L. SIMONINI IDENTIFY E-MAIL, REQUEST FOR
PRODUCTION OF DOCUMENTS AND
CORRESPONDENCE DOCUMENTING
DISCOVERY POSITION, DEPOSITIONS TO BE
TAKEN IN ORDER TO COMPLETE DISCOVERY

2.2

170.00

$374.00 Vague, block billing

08-23-2013

FINALIZE DRAFT MOTION FOR SUMMARY
JUDGMENT AND DISTRIBUTE FOR
CONSIDERATION
08-23-2013
T. COOK
STUDY EMAIL FROM DEFENDANT COUNSEL
REGARDING DISCOVERY AND DEPOSITIONS
08-26-2013 L. SIMONINI STUDY DRAFT MOTION FOR SUMMARY
JUDGMENT AND NOTE DOCUMENT
REFERENCES TO BE INCLUDED IN
STATEMENT OF FACTS
08-26-2013
J. BLAIR
EMAIL EXCHANGE WITH T. COOK
REGARDING TIMING OF DISPOSITIVE
MOTIONS, DEFENSES TO SAME

0.3

380.00

$114.00

0.1

380.00

$38.00

2.1

170.00

$357.00

0.2

380.00

$76.00 Internal Conference
(email)

08-26-2013

J. BLAIR

ANALYZE DISCOVERY NEEDS GOING
FORWARD

0.2

380.00

$76.00 Vague

08-26-2013

J. BLAIR

CONFIRM ADDITIONAL DISCOVERY NOTICE
FROM CAP

0.2

380.00

$76.00 Excessive

08-26-2013

T. COOK

STUDY DRAFT MOTION FOR SUMMARY
JUDGMENT AND STATEMENT OF FACTS AND
ATTACHMENTS AND NOTATE AREAS OF
FACTUAL AND LEGAL FOLLOW-UP

1.1

380.00

Gressett Reply

J. BLAIR

$418.00

Attorney Cook's .1 time entry to
review an email from Plaintiff
Gressett is not duplicative. The
email was directed to Attorney
Blair and Attorney Cook.

Paralegal Simonini's .4 time entry
to address issues relating to
Plaintiff Gressett's deposition is not
vague. These assignments were all
in support of Attorney Cook's
deposition of Plaintiff Gressett.
Paralegal Simonini's 2.2 hours to
analyze what work needed to be
done before discovery deadline is
neither vague nor block billing.

Attorney Blair's .2 time entry for an
email exchange with Attorney
Cook is not an attorney conference;
Attorney Cook did not bill for this
exchange.
Attorney Blair's .2 time entry to
assess discovery issues going
forward is not vague.
Attorney Blair's .2 time entry to
review additional discovery from
CAP is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

08-27-2013 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF D.
SIGMON TO IDENTIFY AREAS FOR FURTHER
DISCOVERY

1.7

170.00

08-27-2013 L. SIMONINI STUDY DEFENDANT'S SUPPLEMENTAL
DISCLOSURE STATEMENT REGARDING
EXPERT MCRAE'S FILE
08-27-2013
J. BLAIR
ANALYZE CASE VALUE, WORK TO BE DONE,
CAP'S DEFENSES WITH T. COOK

0.3

170.00

0.8

380.00

08-28-2013 L. SIMONINI STUDY E-MAIL FROM DEFENDANT'S
ATTORNEY REGARDING DEPOSITIONS
08-28-2013 L. SIMONINI STUDY REQUEST FOR PRODUCTION OF
DOCUMENTS RESPONSES TO IDENTIFY
DOCUMENTS TO BE IDENTIFIED AS TRIAL
EXHIBITS AND ADDED TO DISCLOSURE
STATEMENT
08-28-2013
J. BLAIR
REVIEW DEPOSITION SCHEDULE,
PLAINTIFF'S EMAIL [Privileged Communication]

0.1

170.00

$17.00

3.6

170.00

$612.00

0.1

380.00

$38.00 Block Billing

08-28-2013

STUDY EMAIL FROM DEFENDANT
REGARDING DEPOSITIONS
08-30-2013 L. SIMONINI IDENTIFY PENDING DISCOVERY ISSUES,
DISCOVERY TO BE SOUGHT, DEPOSITIONS
TO BE TAKEN

0.1

380.00

$38.00

2.1

170.00

08-30-2013 L. SIMONINI TELEPHONE CALL OFFICE OF CAROL
ELDRIDGE REGARDING FMLA FORM
08-30-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
08-30-2013
T. COOK
DETAILED STUDY, NOTATE ALL
REGULATORY PROVISIONS RELATING TO
FMLA IN LIGHT OF ALL EVIDENCE NOW ON
RECORD TO PLOT STATUS OF CLAIMS,
POSSIBLE DEFENSE AND FINAL PUSH TO
COMPLETE DISCOVERY

0.1

170.00

$17.00

0.1

170.00

$17.00

2.6

380.00

$988.00

Gressett Reply

T. COOK

$289.00 Duplicative of 8/14/13
entry

Paralegal Simonini's 1.7 time entry
to review the Sigmon deposition
transcript for other areas of
discovery is not duplicative of any
entry on 8/14/13, the date of the
Sigmon deposition.

$51.00

$304.00 Internal Conference

$357.00 Duplicative of J. Blair
8/26/13 entry

Attorney Blair's .8 time entry to
analyze the case value at that stage
of the litigation is not an internal
conference; Attorney Cook did not
bill for that discussion.

Attorney Blair's .1 time entry to
review the deposition schedule and
an email from Plaintiff Gressett is
not block billing.

Paralegal Simonini's 2.1 time entry
to address issues that needed to
resolved before the discovery
cutoff is not duplicative of
Attorney Blair's separate
consideration of that issue. It is an
assignment from Attorney Blair.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

08-30-2013

T. COOK

08-30-2013

T. COOK

RESEARCH AND STUDY CASE LAW ON
VARIOUS CODE OF FEDERAL REGULATIONS
PROVISIONS AND LEGAL SCENARIOS
REGARDING SAME TO BUILD RESPONSE TO
DEFENDANT'S DEFENSES
MEET AND CONFER WITH BLAIR AND
SIMONINI REGARDING CASE STATUS AND
STRATEGY

08-30-2013

J. BLAIR

08-30-2013

T. COOK

08-30-2013

T. COOK

08-31-2013

T. COOK

Hours

Rate

Amount

CAP Objections

Gressett Reply

3.0

380.00

$1,140.00 Vague, background
research

Attorney Cook's 3.0 time entry to
study the CFR provisions that
affect this litigation is neither vague
nor background research.

2.1

380.00

$798.00 Internal Conference

Attorney Cook's 2.1 time entry to
meet with the litigation team to
assess case status and strategy is a
conference between the attorneys
and Paralegal Simonini to plan the
litigation going forward near the
time of discovery cutoff. This time
entry and Attorney Blair's time
entry below is one of the very few
conferences both attorneys charged
for and is appropriate at this stage
of the litigation. Plaintiff Gressett
approved these entries.

MEETING TO DISCUSS CLAIMS AND
DEFENSES AND PLAN DISCOVERY AND
DEPOSITIONS FOR NEXT 3 MONTHS

2.1

380.00

$798.00 Internal Conference,
duplicative

Attorney Blair's 2.1 time entry to
meet with the litigation team to
assess case status and strategy is a
conference between the attorneys
and Paralegal Simonini to plan the
litigation going forward near the
time of discovery cutoff. This time
entry and Attorney Blair's time
entry below is one of the very few
conferences both attorneys charged
for and is appropriate at this stage
of the litigation. Plaintiff Gressett
approved these entries.

SEND EMAIL TO DEFENDANT COUNSEL
WITH LIST OF INCOMPLETE DISCOVERY TO
BE DONE
PREPARE UPDATED LIST OF ADDITIONAL
DISCOVERY TO BE REQUESTED OF
DEFENDANT
STUDY KEY FILE MATERIALS FOR CONTENT,
SUPPORT FOR POSSIBLE DEFENSE, SUPPORT
FOR CLAIMS, IDENTIFY FOLLOW-UP NEEDED

0.2

380.00

$76.00

1.0

380.00

$380.00

3.6

380.00

$1,368.00 Vague

Attorney Cook's 3.6 time entry to
perform a separate review of the
entire file at this litigation stage is
not vague. It is what attorneys do
at key points of the litigation.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

08-31-2013

T. COOK

SEND LENGTHY EMAIL TO DEFENDANT
COUNSEL WITH DISCOVERY FOLLOW-UP

0.8

380.00

$304.00 Excessive

08-31-2013

T. COOK

0.9

380.00

$342.00

09-01-2013

T. COOK

DRAFT THIRD REQUEST FOR PRODUCTION
OF DOCUMENTS TO DEFENDANT
STUDY AND FOLLOW-UP ON 25 EMAILS
FROM CLIENT OVER LAST 30 DAYS

2.6

380.00

$988.00 Excessive, duplicative of
email exchanges over past
30 days already billed
above.

09-03-2013 L. SIMONINI STUDY DEPOSITION OF M. RUZICH TO
IDENTIFY AREAS FOR EXPERT MCRAE TO
CHALLENGE
09-03-2013 L. SIMONINI STUDY DEPOSITION OF T. DELGADO TO
IDENTIFY AREAS FOR EXPERT MCRAE TO
CHALLENGE
09-03-2013 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S
REQUEST TO DEPOSE CLIENT'S FORMER
ATTORNEY AND EMPLOYER

1.3

170.00

$221.00

1.6

170.00

$272.00

0.3

170.00

09-03-2013

J. BLAIR

0.3

380.00

$114.00

09-03-2013

J. BLAIR

0.6

380.00

$228.00 Duplicative of 8/15/13
and 8/19/13 entries

09-03-2013

J. BLAIR

0.5

380.00

$190.00

3.7

170.00

$629.00 Duplicative to 8/28/13
entry

REVIEW MATERIALS FROM A. GRESSETT
[Privileged Communication]
GO THROUGH THE PRODUCTION OF
GRESSETT EMAILS FROM CAP, MARK
CERTAIN FILES FOR DISCOVERY PURPOSES

STUDY CORRESPONDENCE TO CAP
REGARDING MATERIALS NOT YET
DISCLOSED OR PRODUCED
09-04-2013 L. SIMONINI STUDY CAP'S REQUEST FOR PRODUCTION
OF DOCUMENTS RESPONSES TO IDENTIFY
POTENTIAL TRIAL EXHIBITS

Hours

Rate

Amount

CAP Objections

$51.00 Vague

Gressett Reply

Attorney Cook's .8 time entry to
prepare a lengthy email to CAP's
counsel alongside the need for
follow-up discovery is not
excessive.

Attorney Cook's 2.6 time entry is a
separate, concentrated
communication with Plaintiff
Gressett relating to all of the issues
that had come up during the past 30
days. It is not excessive nor
duplicative, because the earlier
emails, while responded to, were
not analyzed as a group as was
done for this time entry.

Paralegal Simonini's .3 time entry
to address an assignment relating to
CAP's ability to depose Plaintiff
Gressett's former attorney is not
vague.

Attorney Blair's .6 time entry to
review the Gressett emails
disclosed by CAP is not duplicative
of earlier review of CAP
disclosures. Those were file
reviews by other members of the
RCDM team for other purposes.

Paralegal Simonini's 3.7 time entry
to attempt to single out potential
trial exhibits is not duplicative of
other prior reviews of discovery
from CAP.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

09-05-2013 L. SIMONINI STUDY E-MAIL DISCLOSED BY CAP TO
IDENTIFY AREAS OF NEEDED SUPPORT
FROM CLIENT

3.1

170.00

$527.00 Excessive, duplicative of Paralegal Simonini's 3.1 time entry,
9/3/13 entry
her assignment to seek support
from Plaintiff Gressett regarding
disclosures from CAP, is not
excessive or duplicative of other
file review for other purposes.

09-05-2013 L. SIMONINI CONTINUE STUDY OF CAP'S REQUEST FOR
PRODUCTION OF DOCUMENTS RESPONSES
TO IDENTIFY DOCUMENTS TO USE AS TRIAL
EXHIBITS

3.4

170.00

$578.00 Duplicative to 8/28/13
and 9/4/13 entries

Paralegal Simonini's 3.4 time entry
is a continuation of prior
assignments, not duplicative of the
earlier efforts on those assignments.

09-06-2013 L. SIMONINI STUDY DEFENDANT'S SUPPLEMENTAL
RESPONSE TO SECOND REQUEST FOR
PRODUCTION OF DOCUMENTS TO IDENTIFY
AREAS FOR FOLLOW-UP

1.3

170.00

$221.00 Duplicative to 8/15/13
and 8/19/13 entries

Paralegal Simonini's 1.3 time entry
to assess whether additional
discovery was necessary based on
CAP's responses to discovery is not
duplicative, but supplemental, to
the prior efforts related to discovery
responses from CAP.

09-06-2013 L. SIMONINI IDENTIFY DOCUMENTS TO BE
INCORPORATED INTO TIME LINE THAT
HAVE BEEN PRODUCED BY CAP
09-08-2013 L. SIMONINI STUDY E-MAILS FROM EXPERT BJORKLUND
REGARDING CAP EXPERT
09-09-2013 L. SIMONINI ADDRESS ISSUES REGARDING NURSE
PRACTITIONER'S REFUSAL TO MEET

1.1

170.00

$187.00

0.2

170.00

$34.00

0.4

170.00

$68.00 Vague

09-09-2013

J. BLAIR

0.2

380.00

$76.00 Vague

09-09-2013

T. COOK

0.4

380.00

$152.00

0.1

380.00

$38.00

0.1

380.00

$38.00

1.4

170.00

$238.00

STUDY EMAIL EXCHANGE REGARDING
MEDICAL TESTIMONY

TELEPHONE CALL WITH CLIENT [Privileged
Communication]
09-09-2013
T. COOK
STUDY EMAILS WITH OFFICE AND DEFENSE
ATTORNEY REGARDING DEPOSITIONS AND
DISCOVERY
09-09-2013
T. COOK
FOLLOW-UP PLANNING FOR
COMMUNICATIONS WITH C. ELDRIDGE
09-10-2013 L. SIMONINI STUDY DEFENDANT'S RESPONSE TO THIRD
REQUEST FOR PRODUCTION OF DOCUMENTS
AND ATTACHED DOCUMENTS

Paralegal Simonini's .4 time entry
regarding her assignments in light
of the nurse practitioner's
unwillingness to meet with this
office is not vague.
Attorney Blair's .2 time entry
relating to emails to and from
Plaintiff's nurse practitioner, is not
vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

09-10-2013 L. SIMONINI MEMO TO FILE REGARDING CAP'S
VOLUMINOUS PRODUCTION

2.2

170.00

09-10-2013

0.2

380.00

$76.00 Vague

09-11-2013 L. SIMONINI DRAFT LETTER TO EXPERT MCRAE
REGARDING CAP DISCOVERY RESPONSES
09-11-2013 L. SIMONINI DRAFT LETTER TO CLIENT [Privileged
Communication]
09-11-2013 L. SIMONINI IDENTIFY DISCOVERY DOCUMENTS TO BE
SENT TO EXPERT MCRAE
09-11-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING DEPOSITION
09-11-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT BJORKLUND
REGARDING CAP'S EXPERT
09-12-2013 L. SIMONINI LENGTHY TELEPHONE CALL EXPERT
BJORKLUND REGARDING CAP EXPERT
09-12-2013 L. SIMONINI TELEPHONE CALL EXPERT MCRAE
REGARDING DEPOSITION
09-12-2013 L. SIMONINI STUDY LENGTHY E-MAIL FROM CAP
ATTORNEY AND DOCUMENTS REFERENCED
IN SAME ADDRESSING DISCOVERY ISSUES

0.1

170.00

$17.00

0.1

170.00

$17.00

0.8

170.00

$136.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.7

170.00

$119.00

0.2

170.00

$34.00

0.9

170.00

09-12-2013

REVIEW EMAIL FROM CAP'S ATTORNEY
REGARDING SCHEDULING DEADLINES AND
CAP'S ADDITIONAL DISCLOSURES
09-13-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING HER DEPOSITION
09-13-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
OFFERING DATES FOR EXPERT DEPOSITIONS

0.2

380.00

$76.00

0.1

170.00

$17.00

0.1

170.00

$17.00

09-13-2013 L. SIMONINI STUDY CAP'S RESPONSE TO THIRD REQUEST
FOR PRODUCTION OF DOCUMENTS AND
VOLUMINOUS ATTACHMENTS (450 PAGES)

4.7

170.00

$799.00 Duplicative of 9/10/13
entry

09-13-2013 L. SIMONINI STUDY CAP'S SUPPLEMENTAL RESPONSE TO
NON-UNIFORM INTERROGATORIES
09-13-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING DEPOSITION

0.6

170.00

$102.00

0.1

170.00

J. BLAIR

REVIEW RECENT MATERIALS FROM CAP

J. BLAIR

$374.00 Excessive

Gressett Reply

$153.00 Excessive

$17.00 Excessive billing for
email exchange on
9/13/13

Paralegal Simonini's 2.2 time entry
to summarize CAP's "voluminous
production" is not excessive.
Attorney Blair's .2 time entry to
overview the "voluminous
production" from CAP is not
vague.

Paralegal Simonini's .9 time entry
to review an email from CAP's
attorney and the references to
documents at issue in that email is
not excessive.

Paralegal Simonini's 4.7 time entry
to study the CAP recent production
of documents (450 pages) is a
continuation of an earlier task, not
duplicative of the task.

Paralegal Simonini's .1 time entry
to prepare an email to Expert
McRae is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

09-13-2013 L. SIMONINI ADDRESS ISSUES REGARDING DISPOSITIVE
MOTIONS DEADLINE, POTENTIAL TO SEEK
EXTENSION OF TIME FOR DISCOVERY

0.6

170.00

$102.00 Vague

Paralegal Simonini's .6 time entry
to address what needed to be done
before the dispositive motions
deadline as well as whether an
extension of the discovery deadline
was possible is not vague.

09-13-2013

ANALYZE LATEST PRODUCTION BY CAP, ITS
CHARACTERIZATION OF SAME

0.2

380.00

$76.00 Vague

Attorney Blair's .2 time entry to
assess CAP's characterization of its
most recent voluminous production
is not vague.

09-16-2013 L. SIMONINI DRAFT FOURTH REQUEST FOR PRODUCTION
OF DOCUMENTS TO CAP
09-16-2013 L. SIMONINI STUDY DEPOSITION OF D. SIGMON TO
DETERMINE WHETHER ADDITIONAL
DOCUMENTS NEED TO BE SOUGHT

1.2

170.00

$204.00

1.9

170.00

$323.00 Excessive - deposition
Paralegal Simonini's 1.9 time entry
consists of only 89 pages to review the Sigmon deposition
and assess whether additional
documents need be requested is not
excessive. This assignment is not
just a review of the transcript but a
comparison with what materials
have already been produced.

09-17-2013

REVIEW LATEST PRODUCTION FROM CAP,
CONFIRM FURTHER PRODUCTION HAS BEEN
SOUGHT
09-18-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING EXPERT DEPOSITIONS
09-18-2013 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING EXPERT DEPOSITIONS

0.3

380.00

$114.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

09-18-2013

J. BLAIR

STUDY EMAIL EXCHANGE WITH CAP'S
ATTORNEY REGARDING DEPOSITION
SCHEDULE

0.2

380.00

09-18-2013

J. BLAIR

PLAN PROSECUTION OF MS. GRESSETT'S
CLAIMS, ADDRESS DISCUSSIONS WITH
ARIZONA BAR REGARDING DISPARAGING
COMMENTS BY HER PRIOR ATTORNEY

0.5

380.00

0.1

170.00

Paralegal Simonini's .1 time entry
to review an email from CAP's
counsel is not excessive.
$76.00 Excessive billing for
Attorney Blair's .2 time entry to
email exchange
study emails to and from CAP's
counsel regarding remaining
depositions is not excessive.
$0.00 Unrelated to this lawsuit - Attorney Blair's .5 time entry is not Disallowed as block
deals with Plaintiff's
related to Plaintiff Gressett's
billed and partially
malpractice case
malpractice case. This time entry unrelated to this case.
addresses whether the disparaging
comments by her prior
employer/attorney are admissible in
this case.
$17.00

0.1

170.00

$17.00

J. BLAIR

J. BLAIR

09-19-2013 L. SIMONINI TELEPHONE CALL CLIENT [Privileged
Communication]
09-19-2013 L. SIMONINI DRAFT NOTICE OF DEPOSITION TO CAP'S
EXPERT

Date

Attorney

09-19-2013

J. BLAIR

Description

CONFIRM TIMING OF KEY EXPERT
DEPOSITIONS

09-20-2013 L. SIMONINI TWO TELEPHONE CALLS EXPERT
BJORKLUND REGARDING HIS DEPOSITION
09-20-2013 L. SIMONINI STUDY SUPPLEMENTAL RESPONSE TO
SECOND REQUEST FOR PRODUCTION OF
DOCUMENTS TO IDENTIFY DOCUMENTS TO
BE FOLLOWED UP ON AND RECORDS TO BE
INCORPORATED INTO TIME LINE

09-20-2013

J. BLAIR

PLAN FOR P. BJORKLUND DEPOSITION

Hours

Rate

0.0

380.00

0.4

170.00

1.9

170.00

Amount

CAP Objections

$0.00 Clerical

Gressett Reply

Attorney Blair's .2 time entry is to
determine when the expert
depositions will in fact occur. It is
not clerical.

$68.00
$323.00 Duplicative of 9/6/13
entry

0.2

380.00

$76.00

0.2

170.00

$34.00

2.3

170.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

09-25-2013 L. SIMONINI CONFERENCE WITH CLIENT [Privileged
Communication]
09-25-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
09-25-2013 L. SIMONINI STUDY CAP RESPONSE TO THIRD REQUEST
FOR PRODUCTION OF DOCUMENTS AND
IDENTIFY DOCUMENTS TO BE
INCORPORATED INTO TIME LINE

4.7

170.00

$799.00

0.1

170.00

$17.00

1.3

170.00

$221.00 Duplicative of 9/10/13
and 9/13/13 entries

09-25-2013

0.3

380.00

$114.00

0.2

380.00

$76.00

0.5

170.00

$85.00 Vague

Paralegal Simonini's1.9 time entry
represents her assignment to update
the litigation timeline based on
additional documents from CAP
and follow up on whether all
relevant/discoverable documents
have now been produced by CAP.

09-23-2013 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING DEPOSITION
09-23-2013 L. SIMONINI STUDY SUPPLEMENTAL RESPONSE TO
REQUEST FOR PRODUCTION OF DOCUMENTS
TO IDENTIFY DOCUMENTS TO BE
FOLLOWED UP ON AND RECORDS TO BE
INCORPORATED INTO TIME LINE
09-24-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING DISCOVERY MATERIALS
09-24-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING DISCOVERY MATERIALS

J. BLAIR

DISCUSSION WITH A. GRESSETT [Privileged
Communication]
09-25-2013
J. BLAIR
REVIEW EMAIL COMMUNICATIONS FROM A.
GRESSETT [Privileged Communication]
09-26-2013 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
DEPOSITION OF CAP ATTORNEY GROUSE

$391.00 Duplicative of 9/20/13
entry

Paralegal Simonini's 2.3 time entry
is a continuation of the 9/20/13
entry, not a duplication of that time
entry.

Paralegal Simonini's .1 time entry
to prepare an email to Expert
McRae is not excessive.

Paralegal Simonini's 1.3 time entry
is a continuation of her effort to
maintain a litigation timeline, not
duplicative of other efforts toward
that assignment.

Paralegal Simonini's .5 time entry
represents her assignment to learn
what she can whether CAP's
attorney Grouse can be deposed. It
is not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Clerical

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

09-26-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
09-26-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]

0.1

170.00
170.00

$17.00 Duplicative

09-26-2013 L. SIMONINI STUDY RESPONSE TO SECOND REQUEST FOR
PRODUCTION OF DOCUMENTS TO IDENTIFY
DOCUMENTS TO BE FOLLOWED UP ON AND
RECORDS TO BE INCORPORATED INTO TIME
LINE

3.4

170.00

09-26-2013

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$17.00

0.1

Gressett Reply

J. BLAIR

$578.00 Duplicative of L.
Simonini 9/20/13 entry

CONFIRM GROUSE PREPARED THE FMLA
CHART AND REVIEW EMAILS REGARDING
SCHEDULING GROUSE DEPOSITION
09-27-2013 L. SIMONINI STUDY DOCUMENTS RECEIVED IN
RESPONSE TO SUBPOENA DUCES TECUM
AND IDENTIFY PERSONAL INFORMATION TO
BE REDACTED

0.2

380.00

2.3

170.00

09-27-2013

T. COOK

0.1

380.00

$38.00 Duplicative of J. Blair
9/26/13 entry

09-29-2013

T. COOK

0.1

380.00

$38.00

2.8

170.00

0.2

380.00

$76.00 Excessive

10-02-2013 L. SIMONINI STUDY COURT'S MINUTE ENTRY FOR
GUIDANCE ON PRODUCING MEDICAL
RECORDS

0.2

170.00

$34.00 Excessive

10-02-2013

0.2

380.00

$76.00

Paralegal Simonini's .1 time entry
to review an email from Plaintiff
Gressett is not duplicative; it is a
separate email.
Paralegal Simonini's 3.4 time entry
is a continuation of her
responsibility to prepare and
supplement a litigation timeline,
and is not duplicative of other
efforts in that regard.
Block billing; reduced
First time entry (.1); second time
entry (.1)
by 20%.

SEND EMAIL TO DEFENDANT COUNSEL
REGARDING DEPOSITION OF GROUSE

STUDY EMAIL FROM CLIENT [Privileged
Communication]
09-30-2013 L. SIMONINI STUDY RECORDS CITED BY CAP ATTORNEY
REGARDING THE PREPARATION OF
CAP000373 AND CONFIRM CHART CANNOT
BE RECREATED USING THE CITED SUPPORT
RECORDS
09-30-2013
J. BLAIR
ANALYZE CORRESPONDENCE FROM CAP'S
ATTORNEY REGARDING GROUSE CHART

J. BLAIR

REVIEW REQUEST FOR EXTENSION OF TIME

$60.80 Block Billing

$391.00 Vague - who's subpoena? Paralegal Simonini's 2.3 time entry
represents her assignment to review
and identify materials to be
redacted from records subpoenaed
from Plaintiff's medical provider.

$476.00 Vague

Attorney Cook's .1 time entry to
prepare an email to defense counsel
regarding Grouse deposition is not
duplicative of Attorney Blair's
9/23/13 entry. He did not prepare
any such email.

Paralegal Simonini's 2.8 time entry
reflects her assignment to attempt
to find support for the Grouse
"leave time taken" chart. It is not
vague.
Attorney Blair's .2 time entry to
review CAP's explanation for the
Grouse chart is not excessive.
Paralegal Simonini's .2 time entry
to review a Court minute entry
regarding the medical records
production is not excessive.

Date

Attorney

10-02-2013

T. COOK

Description

FOLLOW-UP ON RETRIEVAL OF CLIENT'S
MEDICAL RECORDS, WHAT TO BE
DISCLOSED, WHAT COURT DEMANDS BE
PRODUCED, PRIVILEGE LOG

Hours

Rate

Amount

CAP Objections

0.4

380.00

$152.00 Excessive

10-03-2013 L. SIMONINI BEGIN TO REDACT PLAINTIFF'S MEDICAL
RECORDS TO EXCLUDE CONFIDENTIAL
INFORMATION IN ADVANCE OF PRODUCING
SAME
10-04-2013 L. SIMONINI REDACT PLAINTIFF'S MEDICAL RECORDS TO
EXCLUDE CONFIDENTIAL INFORMATION IN
ADVANCE OF PRODUCING SAME

2.9

170.00

$493.00

2.9

170.00

$493.00 Duplicative, excessive records consist of only
218 pages

10-04-2013

J. BLAIR

CONFIRM EXTENSION TO JANUARY TO
COMPLETE DISCOVERY

0.2

380.00

$76.00 Excessive

10-04-2013

T. COOK

0.1

380.00

$38.00

10-07-2013

J. BLAIR

STUDY COURT ORDER GRANTING PARTIAL
EXTENSION OF DEADLINES
ADDRESS CAP'S SUBPOENA REQUEST FOR
SCHOOL RECORDS

0.2

380.00

$76.00 Vague

10-08-2013

T. COOK

STUDY MEDICAL RECORDS FOR CLIENT FOR
REDACTIONS AND FIXES BEFORE
DISCLOSURE

1.7

380.00

$646.00 Duplicative of L.
Simonini 10/3/13 and
10/4/13 entries

10-10-2013

J. BLAIR

0.3

380.00

$114.00

10-10-2013

J. BLAIR

0.1

380.00

$38.00

10-11-2013

J. BLAIR

TELEPHONE CALL WITH P. BJORKLUND
REGARDING EX PARTE CONTACT WITH
CAP'S ATTORNEY
NOTE TO THE FILE REGARDING EX PARTE
CONTACT
REVIEW JOB PROGRESS FROM A. GRESSETT

0.2

380.00

$76.00 Vague

10-14-2013 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING ASU RELEASE
10-14-2013 L. SIMONINI DRAFT E-MAIL TO CAP COUNSEL
REGARDING ASU RELEASE

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

10-14-2013 L. SIMONINI IDENTIFY MATERIALS FOR ATTORNEY USE
IN PREPARING FOR DEPOSITION OF EXPERT
BJORKLUND

2.3

170.00

Gressett Reply

$391.00

Attorney Cook's .4 time entry to
comply with the Court's order
regarding production of Plaintiff
Gressett's medical records is not
excessive.

Paralegal Simonini's 2.9 time entry
to redact medical records so as to
exclude confidential information is
supplemental to the prior
assignment regarding these records,
not duplicative.
Attorney Blair's .2 time entry to
confirm discovery must be
completed by early 2014 is not
excessive.

Attorney Blair's .2 time entry to
assess CAP's subpoena of
Gressett's school records is not
vague.
Attorney Cook's 1.7 time entry to
make sure the medical records file
is clean for disclosure is not
duplicative of the paralegal
assignments.

Attorney Blair's determination of
Ms. Gressett's ability to find work
is not vague.

Paralegal Simonini's .1 time entry
to prepare an email to CAP's
counsel is not excessive billing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

10-14-2013

J. BLAIR

10-14-2013

Description

T. COOK

PLAN KEY EXPERT DEPOSITIONS

Hours

Rate

Amount

CAP Objections

0.2

380.00

$76.00 Vague

STUDY EMAIL FROM DEFENDANT
ATTORNEY REGARDING MEDICAL RECORDS
10-15-2013 L. SIMONINI CONTINUE REDACTING PLAINTIFF'S
MEDICAL RECORDS TO EXCLUDE
CONFIDENTIAL INFORMATION

0.1

380.00
170.00

10-15-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT BJORKLUND
REGARDING HIS DEPOSITION
10-15-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING HIS DEPOSITION

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

10-15-2013 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING HIS DEPOSITION
10-15-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING PAYMENT OF EXPERT
BJORKLUND'S DEPOSITION FEE
10-15-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING MEDICAL RECORDS
10-15-2013
J. BLAIR
PLAN P. BJORKLUND DEPOSITION FRIDAY
OF THIS WEEK

0.4

170.00

$68.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.0

380.00

10-16-2013 L. SIMONINI STUDY CAP'S SUPPLEMENTAL DISCOVERY
RESPONSES TO IDENTIFY RECORDS TO BE
FORWARDED TO EXPERTS

2.8

170.00

$476.00 Vague, excessive

10-16-2013

J. BLAIR

0.5

380.00

$190.00

10-16-2013

J. BLAIR

0.7

380.00

$266.00

10-16-2013

J. BLAIR

1.1

380.00

$418.00

10-16-2013

J. BLAIR

1.0

380.00

$380.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$38.00

2.7

Gressett Reply

TELEPHONE CALLS WITH P. BJORKLUND
REGARDING HIS AVAILABILITY FOR
DEPOSITION, TIMING OF SAME, DOCUMENTS
TO BE PROVIDED
TELEPHONE CALLS WITH CAP'S ATTORNEYS
REGARDING DEPOSITION OF BJORKLUND,
DELAY UNTIL NEXT WEEK, AMENDED
NOTICE REGARDING SAME
STUDY P. BJORKLUND'S DISCLOSED REPORT
AND DISCLOSED REBUTTAL OF CAP'S
EXPERT, NOTE QUESTIONS REGARDING
SAME
STUDY PORTION OF CAMERON'S OPINIONS,
MAKE NOTES FOR HER DEPOSITION

$459.00 Excessive - records
consist of only 218 pages
(see entries on 10/3/13
and 10/4/13 for same.)

$0.00 Clerical

Attorney Blair's .2 time entry to
determine which experts will be
deposed when is not vague.

Paralegal Simonini's 2.7 time entry
to continue the records redaction
process is not excessive; this is a
continuation of the earlier
assignment.

Paralegal Simonini's .1 time entry
to prepare an email to Expert
Bjorklund is not excessive billing.

Attorney Blair's .2 time entry to
Clerical
plan for the defense of Paul
Bjorklund at deposition later that
week is not clerical.
Paralegal Simonini's 2.8 time entry
to pull materials from CAP's
supplemental discovery responses
to identify records for the experts'
review is neither vague nor
excessive.

Date

Attorney

10-17-2013

J. BLAIR

10-17-2013

J. BLAIR

10-18-2013

Description

J. BLAIR

STUDY PORTION OF EXPERT CAMERON'S
REPORT, MAKE NOTES REGARDING SAME
PARALEGAL ASSIGNMENTS REGARDING
QUESTIONS FROM EXPERT EXCHANGE

Hours

Rate

Amount

CAP Objections

0.8

380.00

0.2

380.00

TELEPHONE CALL WITH P. BJORKLUND
REGARDING HIS DISCLOSED OPINIONS,
UPCOMING DEPOSITION
10-18-2013
J. BLAIR
WORK ON NOTES FOR CAMERON
DEPOSITION, ARRANGE FOR REVIEW OF HER
FILE
10-21-2013 L. SIMONINI STUDY PLAINTIFF'S SUPPLEMENTAL
RESPONSES TO REQUEST FOR PRODUCTION
OF DOCUMENTS

0.6

380.00

380.00

$266.00 Clerical

2.8

170.00

$476.00 Vague, excessive,
duplicative of 6/21/13,
9/20/13, and 9/23/13
entries

10-21-2013

MAKE NOTES FOR EXPERT DEPOSITIONS,
STUDY BJORKLUND AND CAMERON'S
REPORTS
10-22-2013 L. SIMONINI ADDRESS ISSUES REGARDING RELEASE FOR
ASU RECORDS

1.6

380.00

$608.00

0.6

170.00

$102.00 Vague

10-22-2013 L. SIMONINI STUDY CAP'S DISCOVERY RESPONSES AND
IDENTIFY RECORDS TO BE FORWARDED
ELECTRONICALLY TO EXPERT BJORKLUND
10-22-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
REGARDING MATERIALS FOR
CONSIDERATION
10-22-2013
J. BLAIR
CONFIRM PAYROLL RECORDS SENT TO P.
BJORKLUND

1.7

170.00

$289.00

0.1

170.00

$17.00

0.0

380.00

10-22-2013

0.7

380.00

$266.00

0.1

170.00

$17.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$228.00

0.7

Gressett Reply

J. BLAIR

J. BLAIR

STUDY CAMERON'S OPINION OF GRESSETT'S
DAMAGES, MAKE NOTES REGARDING SAME
10-23-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT BJORKLUND
REGARDING SUPPLEMENT TO HIS FILE

$304.00
$76.00 Vague, clerical

$0.00 Excessive, clerical

Attorney Blair's .2 time entry to
outline assignments for Paralegal
Simonini in light of the questions
that arose from the differences of
opinion by the damages experts is
neither vague nor clerical.

Attorney Blair's .7 time entry to
prepare for the Cameron deposition
is not clerical.
Paralegal Simonini's 2.8 time entry
is a continuation of her assignment
to review Plaintiff's supplemental
responses is not vague and is not
excessive or duplicative of the prior
efforts in that regard.

Paralegal Simonini's .6 time entry
to prepare for the release of
Plaintiff Gressett's ASU records is
not vague.

Attorney Blair's .2 time entry to
assign to Paralegal Simonini that
additional materials be sent to
Expert Bjorklund is neither
excessive nor clerical.

Clerical

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

10-23-2013 L. SIMONINI STUDY EXPERT BJORKLUND'S
SUPPLEMENTAL FILE MATERIALS AND
IDENTIFY ADDITIONAL MATERIALS TO BE
FORWARDED TO SAME
10-23-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING SUPPLEMENT TO EXPERT
BJORKLUND'S FILE
10-23-2013 L. SIMONINI PREPARE SUPPLEMENT TO EXPERT
BJORKLUND'S FILE TO BE DISCLOSED
10-23-2013
J. BLAIR
REVIEW ADDITIONAL MATERIALS FROM P.
BJORKLUND
10-24-2013
J. BLAIR
STUDY BJORKLUND AND CAMERON FILES IN
ADVANCE OF BJORKLUND DEPOSITION THIS
MORNING
10-24-2013
J. BLAIR
DEPOSITION OF EXPERT P. BJORKLUND

1.1

170.00

$187.00

0.1

170.00

$17.00

0.5

170.00

$85.00

0.2

380.00

$76.00

0.5

380.00

$190.00

4.2

380.00

$1,596.00

10-24-2013

J. BLAIR

0.7

380.00

$266.00

10-24-2013

J. BLAIR

1.3

380.00

$494.00

10-24-2013

J. BLAIR

MEETING WITH P. BJORKLUND AND
A.GRESSETT AFTER EXPERT DEPOSITION
MEETING WITH A. GRESSETT [Privileged
Communication]
CONFIRM WE WILL PROMPTLY DISCLOSE
CLIENT'S SCHOOL FILE

0.2

380.00

10-25-2013

J. BLAIR

0.7

380.00

$266.00

10-27-2013

J. BLAIR

REVIEW CAMERON'S OPINIONS REGARDING
P. BJORKLUND'S ANALYSIS
REVIEW PORTION OF EXPERT CAMERON'S
FILE, MAKE NOTES REGARDING SAME

0.5

380.00

$190.00 Duplicative of 10/17/13
entry

10-28-2013 L. SIMONINI DRAFT E-MAIL TO EXPERT CAMERON
SEEKING FURTHER PRODUCTION UNDER
SUBPOENA DUCES TECUM
10-28-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT CAMERON
REGARDING SUBPOENA DUCES TECUM
RESPONSE
10-28-2013 L. SIMONINI TELEPHONE CALL EXPERT CAMERON
REGARDING INVOICE FOR SUBPOENA
RESPONSE
10-28-2013 L. SIMONINI ADDRESS ISSUES REGARDING PAYMENT OF
EXPERT CAMERON'S NEGLIGIBLE INVOICE
AMOUNT
10-28-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING RELEASE FOR ASU RECORDS

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

0.2

170.00

$34.00

0.5

170.00

$85.00 Vague

0.1

170.00

$17.00

Gressett Reply

$76.00 Clerical

Attorney Blair's .2 time entry to
agree Plaintiff Gressett's school file
needs to be produced is not clerical.

Attorney Blair's .5 time entry to
review a portion of Expert
Cameron's file and make notes
about that file [in preparation for
her deposition] is not duplicative of
earlier efforts in that regard.

Paralegal Simonini's .1 time entry
to review an email from Expert
Cameron is not excessive billing.

Paralegal Simonini's .5 time entry
to follow up on Expert Cameron's
request for payment is not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

10-28-2013 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY SEEKING
DATE FOR M. COOK DEPOSITION
10-28-2013 L. SIMONINI BEGIN PREPARING RECORDS TO BE USED AS
EXHIBITS FOR EXPERT CAMERON'S
DEPOSITION
10-28-2013 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT
CAMERON'S CLAIM OF PRIVILEGE

0.1

170.00

$17.00

1.8

170.00

$306.00

0.5

170.00

$85.00 Vague

10-28-2013

J. BLAIR

0.1

380.00

$38.00

10-28-2013

J. BLAIR

1.0

380.00

$380.00

10-28-2013

J. BLAIR

SHORT TELEPHONE CALL WITH P.
BJORKLUND REGARDING CAMERON
DEPOSITION
TELEPHONE CALL WITH P. BJORKLUND
REGARDING AREAS TO DISCUSS WITH
EXPERT CAMERON
PREPARE FOR CAMERON DEPOSITION,
REVIEW BACKUP MATERIALS SHE SENT US

3.1

380.00

10-28-2013

J. BLAIR

ARRANGE FOR ANY SUPPLEMENTAL FILES
CAMERON HAS

0.2

380.00

10-28-2013

J. BLAIR

CONFIRM WORK PRODUCT PROTECTS
EXPERT COMMUNICATIONS WITH COUNSEL
10-29-2013 L. SIMONINI STUDY OUTLINE OF EXPERT CAMERON
DEPOSITION AND IDENTIFY AND PREPARE
RECORDS TO BE MARKED AS EXHIBITS
10-29-2013 L. SIMONINI RESEARCH TO DETERMINE WHETHER
EXPERT CAMERON HAS PREVIOUSLY FILED
FOR BANKRUPTCY

0.2

380.00

3.3

170.00

0.4

170.00

$68.00 Excessive, unnecessary

10-29-2013 L. SIMONINI STUDY E-MAIL FROM EXPERT CAMERON
REGARDING SUPPLEMENTAL PRODUCTION
AND INVOICE FOR SAME
10-29-2013 L. SIMONINI STUDY SUPPLEMENTAL SUBPOENA DUCES
TECUM PRODUCTION FROM EXPERT
CAMERON AND IDENTIFY ADDITIONAL
DOCUMENTS TO BE USED AT DEPOSITION

0.1

170.00

$17.00

1.2

170.00

$204.00

Gressett Reply

Paralegal Simonini's .5 time entry
to address the assignment to
consider the viability of Expert
Cameron's privilege claim is not
vague.

$1,178.00 Duplicative of 10/16/13, Attorney Blair's 3.1 time entry to
10/17/13, 10/22/13, and prepare for Expert Cameron's
10/24/13 entries
deposition and review additional
materials from her office is not
duplicative, but additional effort in
that regard.
$76.00 Vague
Attorney Blair's .2 time entry is to
confirm the office will arrange for
pick up of additional files from
Expert Cameron. It is not vague.
$76.00
$561.00

Paralegal Simonini's .4 time entry
to determine whether Expert
Cameron had filed bankruptcy is
neither excessive nor unnecessary.
She was given that assignment
because it was thought to be true.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

10-29-2013 L. SIMONINI STUDY DRAFT DEPOSITION TRANSCRIPT OF
EXPERT BJORKLUND TO IDENTIFY ISSUES
TO BE ADDRESSED DURING EXPERT
CAMERON'S DEPOSITION
10-29-2013
J. BLAIR
TELEPHONE CALL WITH P. BJORKLUND
REGARDING DEPOSITION OF CAMERON
10-29-2013
J. BLAIR
REVIEW MATERIALS JUST DISCLOSED BY
EXPERT CAMERON

2.1

170.00

380.00

$76.00

0.3

380.00

10-29-2013

3.3

380.00

10-30-2013 L. SIMONINI STUDY EXPERT CAMERON'S ADDITIONAL
MATERIALS AND PREPARE SAME FOR
DEPOSITION

2.3

170.00

10-30-2013

0.2

380.00

$76.00

1.8

380.00

$684.00

0.6

170.00

$102.00

1.0

380.00

Gressett Reply

$357.00

0.2

CAP Objections

$380.00
$1,292.00

10-30-2013

10-31-2013
10-31-2013
10-31-2013
10-31-2013

J. BLAIR

STUDY FILE, PREPARE OUTLINE OF
QUESTIONS FOR EXPERT CAMERON
DEPOSITION

J. BLAIR

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
J. BLAIR
PREPARE NOTES FOR CAMERON
DEPOSITION, MARK DOCUMENTS FOR HER
CONSIDERATION
L. SIMONINI IDENTIFY ADDITIONAL MATERIALS FOR
ATTORNEY USE AT EXPERT DEPOSITION
J. BLAIR
REVIEW RECORDS AND OUTLINE PRIOR TO
DEPOSITION OF C. CAMERON
J. BLAIR
DEPOSITION OF C. CAMERON
J. BLAIR

SUMMARY OF DEPOSITION TO LITIGATION
TEAM

11-01-2013 L. SIMONINI STUDY SUMMARY OF C. CAMERON
DEPOSITION
11-01-2013 L. SIMONINI STUDY CAP'S SUPPLEMENTAL PRODUCTION
TO IDENTIFY DOCUMENTS TO BE
FORWARDED TO EXPERT MCRAE

$114.00 Duplicative of L.
Simonini 10/2/13 entry

Attorney Blair's .3 time entry to
review additional materials from
Expert Cameron is not duplicative
of Paralegal Simonini's assignment
to pull together the earlier
materials.
Attorney Blair's 3.3 time entry to
$1,254.00 Duplicative of J. Blair
10/28/13 entry
prepare for the Expert Cameron
deposition is not duplicative of
earlier efforts in that regard but
further efforts to prepare for the
deposition.
$391.00 Duplicative of L.
Paralegal Simonini's 2.3 time entry
Simonini 10/29/13 entry to review supplemental materials
from Expert Cameron is not
duplicative of her earlier efforts but
a continuation of that assignment.

3.4

380.00

0.4

380.00

0.2

170.00

$34.00

1.3

170.00

$221.00

$152.00 Internal Conference

Attorney Blair's .4 time entry is the
preparation of a summary to the
litigation team file after the
completion of the Cameron
deposition. It is not an internal
conference; no one else billed for
preparation of the summary.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

11-01-2013

J. BLAIR

0.3

380.00

$114.00

11-07-2013

J. BLAIR

1.2

380.00

$456.00

11-08-2013

J. BLAIR

SERIES OF EMAIL COMMUNICATIONS WITH
A. GRESSETT [Privileged Communication]
STUDY "LEAVE TAKEN" CHART ALONGSIDE
CAP'S APPARENT SOURCE OF THE CHART,
MAKE NOTES REGARDING SAME
ARRANGE EXHIBIT TO COURT REPORTER
FOR CAMERON DEPOSITION

0.0

380.00

11-11-2013

J. BLAIR

0.8

380.00

$243.20 Block Billing, duplicative Time entry 1 (.5); time entry 2 (.3). Block billing; reduced
of 11/7/13 entry
by 20%.

11-11-2013

T. COOK

ANALYZE "LEAVE TIME TAKEN" REPORT
AND SOURCES FOR SAME, ADDRESS
DEPOSITION OF K.GROUSE, CAP'S INSIDE
COUNSEL
EVALUATE CURRENT STATUS OF CASE IN
LIGHT OF ALL RECENT DEPOSITIONS, PLAN
OF ACTION GOING FORWARD

0.5

380.00

$190.00 Vague

11-12-2013

J. BLAIR

ANALYZE HOW TO TAKE TESTIMONY FROM
M. COOK, WHETHER VIDEO IS NECESSARY

0.3

380.00

$114.00 Excessive

11-12-2013

J. BLAIR

REVIEW A. GRESSETT'S MEDICAL FILE,
MAKE NOTES REGARDING KEY DOCUMENTS

1.8

380.00

$684.00 Duplicative of J. Blair
7/25/13 entry

11-13-2013 L. SIMONINI DRAFT NOTICE OF DEPOSITION TO M. COOK

0.1

170.00

11-13-2013 L. SIMONINI ADDRESS ISSUES REGARDING CONTACT
WITH MEDICAL PROVIDER

0.8

170.00

11-13-2013

0.1

380.00

3.2

170.00

T. COOK

STUDY EMAIL FROM DEFENDANT
REGARDING DEPOSITIONS
11-14-2013 L. SIMONINI STUDY CAP'S FOURTH SUPPLEMENTAL
DISCLOSURE STATEMENT AND DOCUMENTS
ATTACHED AND IDENTIFIED AS TRIAL
EXHIBITS

Amount

CAP Objections

$0.00 Clerical

Gressett Reply

Attorney Blair .2 time entry to
complete a request from the court
reporter at the Cameron deposition
is not a clerical assignment.

Attorney Cook's .5 time entry, to
evaluate the case at this stage of the
litigation and plan the case going
forward is not vague.
Attorney Blair's .3 time entry is to
assess the pluses and minuses of
conducting the Mike Cook
deposition by video, i.e., whether
we anticipate he will be available at
trial. It is not excessive.
Attorney Blair's 1.8 time entry to
review the Gressett medical file is
not duplicative of Attorney Blair's
July overview of the file (.5) but an
analysis that included identifying
key documents for trial.

$17.00
$136.00 Vague

Paralegal Simonini's .8 time entry,
her assignment to determine how
the office can contact and stay in
touch with Plaintiff Gressett's
medical provider, is not vague.

$38.00
$544.00 Excessive - production
Paralegal Simonini's 3.2 time entry
consists of only 27 pages to review CAP's Fourth
Supplemental Disclosure is not
excessive, it was the time that was
necessary to review the materials
and identify those that could be
potential trial exhibits.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Clerical

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

11-14-2013 L. SIMONINI STUDY DEPOSITION OF C. CAMERON TO
IDENTIFY TESTIMONY TO BE USED AT
FUTURE DEPOSITIONS
11/14/2013
J. BLAIR
REVIEW PORTION OF MS. GRESSETT'S WORK
FILE, MAKE NOTES REGARDING SAME

2.3

170.00

$391.00

0.6

380.00

$228.00 Vague, duplicative of
7/25/13 entry

11-15-2013 L. SIMONINI ADDRESS ISSUES REGARDING PAYMENT
FOR M. COOK TRAVEL

0.7

170.00

$119.00 Vague

11-15-2013 L. SIMONINI ADDRESS ISSUES REGARDING CAP
DISCLOSURE OF GRESSETT'S E-MAIL, AREAS
TO BE ADDRESSED PRIOR TO HER
DEPOSITION

2.7

170.00

$459.00 Vague

11-15-2013

J. BLAIR

REVIEW ADDITIONAL FILE MATERIALS
FROM CAP, MAKE NOTES REGARDING SAME
AND DO SUMMARY TO THE FILE

1.2

380.00

$456.00 Vague

11-15-2013

T. COOK

0.1

380.00

$38.00

11-15-2013

T. COOK

STUDY EMAIL FROM DEFENSE ATTORNEY
REGARDING DEPOSITION OF M. COOK
SEND EMAIL TO DEFENSE ATTORNEY
REGARDING DEPOSITION OF M. COOK

0.1

380.00

$38.00 Excess billing for email
exchange

11-17-2013

T. COOK

EVALUATE CURRENT STATUS OF CASE AND
FOLLOW-UP NEEDED IN PLAN FOR
DEPOSITION OF COOK
11-18-2013 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
DEPOSITION OF K. GROUSE

0.7

380.00

$266.00

0.7

170.00

$119.00 Vague, excessive

Paralegal Simonini’s .7 entry
reflects assignments she received
from the attorneys to determine
whether CAP's Grouse could be
deposed. It is neither vague nor
excessive.

11-18-2013 L. SIMONINI ADDRESS ISSUES REGARDING M. COOK
TRAVEL ARRANGEMENTS FOR DEPOSITION

0.7

170.00

$119.00 Vague, excessive

Paralegal Simonini's .7 and time
entry reflects assignments she
received to confirm Mike Cook
could make travel arrangements for
his deposition in Phoenix. It is
neither vague or excessive.

Attorney Blair's .6 time entry to
review a portion of Ms. Gressett's
employment file is not vague or
duplicative of any earlier task of
overviewing that file.
Paralegal Simonini's .7 time entry
to determine how and if this office
was responsible for paying Mike
Cook's travel expenses is not
vague.
Paralegal Simonini's 2.7 time entry
to determine how Plaintiff Gressett
will defend the "Gressett emails"
prior to her deposition is not vague.
Attorney Blair's 1.2 time entry to
analyze CAP's supplemental
discovery material and do a
summary to the file about those
discovery materials is not vague.

Attorney Cook's .1 time entry to
prepare an email to defense counsel
is not excessive billing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

11-18-2013

K. MYER

11-18-2013

J. BLAIR

11-18-2013

J. BLAIR

11-18-2013

J. BLAIR

11-18-2013

T. COOK

11-18-2013

T. COOK

11-18-2013

T. COOK

11-18-2013

T. COOK

11-18-2013

Description

T. COOK

Hours

Rate

Amount

CAP Objections

BRIEF BANK RESEARCH ON ABILITY TO
DEPOSE OPPOSING COUNSEL IN
EMPLOYMENT CASE
ADDRESS DEPOSITION OF K. GROUSE

1.4

360.00

0.2

380.00

$76.00 Vague

PLAN FOR DEPOSITIONS OF CLIENT AND
MIKE COOK
STRATEGIZE REGARDING MEDIATION AND
TIMING OF SAME
STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT AND TEAM
[Privileged Communication]

0.2

380.00

$76.00

0.2

380.00

$76.00

0.1

380.00

$38.00

0.1

380.00

$38.00 Excess billing for email
exchange

STUDY EMAIL FROM DEFENDANT
REGARDING DEPOSITION OF COOK
SEND EMAIL TO DEFENDANT REGARDING
COOK

0.1

380.00

$38.00

0.1

380.00

$38.00 Excess billing for email
exchange

STUDY CASE LAW RELATING TO WAIVER OF
ATTORNEY-CLIENT COMMUNICATIONS FOR
DEFENSE IN-HOUSE COUNSEL K. GROUSE
FOR HER DEPOSITION
11-18-2013
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
11-19-2013 L. SIMONINI ADDRESS ISSUES REGARDING DEPOSITION
OF ATTORNEY GROUSE, POTENTIAL FOR
30(B)(6) DEPOSITION

0.9

380.00

$342.00

0.1

380.00

$38.00

0.5

170.00

$85.00 Vague

11-19-2013

J. BLAIR

CONSIDER 30(B)(6) DEPOSITION AND
DEPOSITION OF K. GROUSE

0.2

380.00

$76.00 Vague

11-20-2013

T. COOK

STUDY NOTICE OF DEPOSITION OF CLIENT

0.1

380.00

$38.00

11-26-2013

J. BLAIR

EMAIL EXCHANGE REGARDING DEPOSITION
OF CLIENT'S TREATING MEDICAL
PROFESSIONAL

0.3

380.00

11-26-2013

T. COOK

STUDY DEFENDANT'S NOTICE OF
DEPOSITION OF C. ELDRIDGE

0.1

380.00

Gressett Reply

$504.00

$114.00 Vague

$38.00

Attorney Blair's .2 time entry
reflects his consideration whether
attorney Grouse should be deposed.
It is not vague.

Attorney Cook's .1 time entry to
send an email to plaintiff Gressett
is not excessive billing.

Attorney Cook's .1 time entry to
send an email to CAP's counsel is
not excessive billing.

Paralegal Simonini's .5 time entry
to consider whether attorney
Grouse can be deposed as a fact
witness or a 30(b)(6) witness is not
vague.
Attorney Blair's .2 time entry is to
question whether the Grouse
deposition is an appropriate
30(b)(6) deposition. It is not
vague.
Attorney Blair's .3 time entry to
review the email exchange between
the parties about the deposition of
plaintiff Gressett's treating medical
professional is not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

11-26-2013

T. COOK

11-26-2013

T. COOK

11-28-2013

T. COOK

11-28-2013

T. COOK

Description

SEND EMAIL TO CLIENT AND TEAM
[Privileged Communication]
STUDY EMAIL FROM CLIENT [Privileged
Communication]
TELEPHONE CALL WITH ATTORNEY FOR C.
ELDRIDGE
PREPARE FOR DEPOSITION OF M. COOK

Hours

Rate

Amount

0.1

380.00
380.00

$38.00

0.1

380.00

Gressett Reply

$38.00

0.1

CAP Objections

$38.00

1.3

380.00

$494.00

12-02-2013 L. SIMONINI STUDY CAP DISCLOSURE STATEMENTS AND
TRIAL EXHIBITS TO IDENTIFY POTENTIAL
TRIAL EXHIBITS TO COUNTER SAME

2.7

170.00

$459.00 Duplicative of 9/4/13
entry

12-02-2013

J. BLAIR

ANALYZE JUDGE SNOW'S DECISION
REGARDING DEPOSING ATTORNEYS

1.5

380.00

12-02-2013

J. BLAIR

EMAIL REGARDING DEPOSITION OF GROUSE

0.1

380.00

12-02-2013

J. BLAIR

0.9

380.00

12-02-2013

J. BLAIR

STUDY PORTION OF C. CAMERON
DEPOSITION, NOTE MATERIALS SHE OWES
US
LEARN WHAT I CAN REGARDING MS.
CAMERON AT GRANT THORNTON

0.2

380.00

12-03-2013

J. BLAIR

ANALYZE CAMERON TRANSCRIPT, MAKE
NOTES REGARDING SAME AND CONFIRM
COPIES TO A. GRESSETT AND P. BJORKLUND

1.9

380.00

Paralegal Simonini's 2.7 time entry
to review CAP's disclosure
statements and trial exhibits in
those disclosure statements to
identify trial exhibits is not
duplicative of her earlier entry, but
supplemental to that entry
$570.00 Excessive, vague, Judge Attorney Blair's 1.5 time entry to
Snow is not the Judge in review a separate decision by Judge
this case
Snow concerning the depositions of
attorneys is neither excessive nor
vague. Judge Snow is a judge in
this District Court and his decision
and his consideration was
considered relevant to the possible
deposition of attorney Grouse.
$38.00 Vague

Attorney Blair's .1 time entry to
review an email regarding the
Grouse deposition is not vague.

$342.00

$76.00 Vague

$722.00 Duplicative of entry on
12/2/13

Attorney Blair’s .2 time entry
reflects his interest in determining
what Ms. Cameron's role while at
Grant Thornton was. It is not
vague.
Attorney Blair’s 1.9 time entry
reflects his continuation of the
review of the Cameron deposition
transcript; the earlier time entry
refers to the first “portion” of that
deposition.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

12-04-2013 L. SIMONINI STUDY RECORDS ATTACHED TO
SUPPLEMENT TO SECOND REQUEST FOR
PRODUCTION AND RESPONSE TO THIRD
REQUEST FOR PRODUCTION OF DOCUMENTS
AND INCORPORATE PERTINENT RECORDS
INTO TIMELINE
12-05-2013
J. BLAIR
STUDY COURT DECISIONS PULLED BY A.
GRESSETT

Hours

Rate

Amount

CAP Objections

Gressett Reply

4.7

170.00

0.2

380.00

0.1

170.00

$799.00 Duplicative of 8/15/13, Paralegal Simonini’s 4.7 time entry
8/19/13, 9/6/13, 9/20/13, reflects her ongoing effort to update
and 9/26/13 entries
the litigation timeline for all
records received from CAP. It is
not duplicative of other efforts in
that regard.
$76.00 Vague
Attorney Blair’s .2 time entry, to
review court decisions sent to the
office by plaintiff Gressett, is not
vague.
$17.00

3.4

170.00

$578.00

$459.00 Duplicative of entry
above

12-09-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
12-09-2013 L. SIMONINI PREPARE COLLECTION OF DISCOVERY
RESPONSES, DISCLOSURE STATEMENTS AND
PERTINENT DEPOSITION TESTIMONY FOR
Attorney Cook'S USE IN PREPARING FOR
DEPOSITION OF M. COOK
12-09-2013 L. SIMONINI PREPARE COLLECTION OF PREVIOUSLY
MARKED DEPOSITION EXHIBITS FOR
ATTORNEY USE IN DEPOSING M. COOK
12-09-2013
T. COOK
STUDY NOTICE OF DEPOSITION OF C.
ELDRIDGE
12-10-2013 L. SIMONINI STUDY ARTICLE WRITTEN BY CAP EXPERT
AND ADDRESS ISSUES REGARDING
DISCLOSURE OF SAME
12-10-2013
J. BLAIR
PLAN LITIGATION THROUGH END OF THE
YEAR
12-10-2013
J. BLAIR
NOTE TO THE FILE REGARDING WORK TO BE
DONE
12-10-2013
J. BLAIR
STUDY CAMERON TRANSCRIPT FOR
MATERIALS SHE PROMISED TO PROVIDE

2.7

170.00

0.1

380.00

$38.00

0.9

170.00

$153.00

1.0

380.00

$380.00

0.2

380.00

$76.00

0.3

380.00

$114.00 Duplicative of entry on
12/2/13

12-10-2013

J. BLAIR

0.3

380.00

$114.00

12-10-2013

J. BLAIR

0.5

380.00

$190.00

12-10-2013

J. BLAIR

0.2

380.00

$76.00

EMAIL COMMUNICATIONS WITH CAP'S
ATTORNEY AND DAMAGES EXPERT
REGARDING MATERIALS PROMISED
STUDY ARTICLE FROM CAMERON
REGARDING DAMAGES CONSULTING WORK
NOTE TO THE FILE REGARDING CROSS
EXAMINATION OF CAMERON BASED ON HER
REVIEW OF AN INCOMPLETE FILE

Attorney Blair’s .3 time entry is
documenting his review of the
Cameron transcript to identify
materials she promised to provide
after the deposition. It is not
duplicative.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

12-11-2013 L. SIMONINI STUDY DISCLOSURE STATEMENTS AND
IDENTIFY MATERIALS FOR USE DURING
DEPOSITION OF CLIENT AND M. COOK

2.9

170.00

$493.00 Duplicative of 6/12/13
and 6/13/13 entries

12-11-2013 L. SIMONINI IDENTIFY PERTINENT DEPOSITION
TESTIMONY FOR CLIENT REVIEW IN
ADVANCE OF DEPOSITIONS

3.4

170.00

$578.00 Vague

12-11-2013

J. BLAIR

0.1

380.00

$38.00

12-11-2013

T. COOK

0.9

380.00

$342.00

12-11-2013

T. COOK

TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
STUDY DEFENDANT RESPONSE TO
PLAINTIFF'S FOURTH REQUEST FOR
PRODUCTION OF DOCUMENTS
STUDY AND NOTATE DEFENDANT
RESPONSE TO PLAINTIFF'S SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS

2.8

380.00

$1,064.00

12-12-2013 L. SIMONINI STUDY CAP'S RESPONSE TO REQUEST FOR
PRODUCTION OF DOCUMENTS AND
SUPPLEMENTS AND IDENTIFY MATERIALS
FOR ATTORNEY COOK'S USE DURING
DEPOSITION OF M. COOK
12-12-2013 L. SIMONINI STUDY CAP'S RESPONSE TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS
AND SUPPLEMENTS AND IDENTIFY
MATERIALS FOR ATTORNEY COOK USE
DURING DEPOSITION OF M. COOK
12-12-2013 L. SIMONINI STUDY CAP'S RESPONSE TO THIRD REQUEST
FOR PRODUCTION OF DOCUMENTS AND
SUPPLEMENTS AND IDENTIFY MATERIALS
FOR ATTORNEY COOK'S USE DURING
DEPOSITION OF M. COOK
12-12-2013 L. SIMONINI STUDY CAP'S RESPONSE TO FOURTH
REQUEST FOR PRODUCTION OF DOCUMENTS
AND SUPPLEMENTS AND IDENTIFY
MATERIALS FOR ATTORNEY COOK'S USE
DURING DEPOSITION OF M. COOK

2.6

170.00

$442.00 Duplicative of entry on
12/9/13

2.3

170.00

$391.00 Duplicative of entry on
12/9/13

1.7

170.00

$289.00 Duplicative of entry on
12/9/13

1.1

170.00

$187.00 Duplicative of entry on
12/9/13

2.3

380.00

$874.00

Gressett Reply

12-12-2013

J. BLAIR

MEET WITH A.GRESSETT [Privileged
Communication]

Paralegal Simonini’s 2.9 time entry
reflects her assignment to pull
records for the Mike Cook
deposition. It is not duplicative but
supplemental to the earlier related
time entries.
Paralegal Simonini's 3.4 time entry
reflects her review of prior
depositions of other parties to share
that information with plaintiff
Gressett in advance of upcoming
depositions. It is not vague.

Paralegal Simonini’s 2.6 time entry
is a continuation of her efforts to
provide materials for the Mike
Cook deposition. It is not
duplicative of the 12/9 time entry.
Paralegal Simonini’s 2.3 time entry
is a continuation of her efforts to
provide materials for the Mike
Cook deposition. It is not
duplicative of the 12/9 time entry.
Paralegal Simonini’s 1.7 is a
continuation of efforts to provide
materials for the Mike Cook
deposition. It is not duplicative of
the 12/9 time entry.
Paralegal Simonini’s 1.1 time entry
is a continuation of efforts to
provide materials for the Mike
Cook deposition. It is not
duplicative of the 12/9 time entry.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

12-12-2013

J. BLAIR

0.3

380.00

$114.00

12-12-2013

T. COOK

REVIEW ADDITIONAL MATERIALS FOR
COOK DEPOSITION IN THE AM
STUDY DEPOSITION OF M. RUZICH IN
PREPARATION FOR DEPOSITION OF M. COOK

2.4

380.00

$912.00

12-12-2013

T. COOK

3.7

380.00

$1,406.00

12-12-2013

T. COOK

DETAILED STUDY OF DEFENDANT'S
RESPONSES TO PLAINTIFF'S THIRD REQUEST
FOR PRODUCTION OF DOCUMENTS (>400
PAGES)
STUDY DEPOSITION OF M. LUDKE IN
PREPARATION FOR DEPOSITION OF M. COOK

2.0

380.00

$760.00

12-12-2013

T. COOK

PREPARE OUTLINE FOR DEPOSITION OF M.
COOK
12-13-2013 L. SIMONINI ATTEND DEPOSITION OF M. COOK AND
ASSIST ATTORNEY T. COOK WITH EXHIBITS

2.5

380.00

$950.00

3.0

170.00

$510.00 Duplicative, excessive

12-13-2013 L. SIMONINI CONTINUE TO PREPARE EXHIBITS FOR
DEPOSITION OF M. COOK

3.1

170.00

$527.00 Excessive, duplicative

12-13-2013 L. SIMONINI ADDRESS ISSUES RAISED DURING M. COOK
DEPOSITION AND IMPACT ON CASE

1.3

170.00

$221.00 Vague, excessive

12-13-2013 L. SIMONINI IDENTIFY AND PREPARE EXHIBITS FOR
DEPOSITION OF C. ELDRIDGE
12-13-2013
J. BLAIR
PREPARE NOTES FOR COOK DEPOSITION

0.4

170.00

1.2

380.00

Gressett Reply

Paralegal Simonini’s attendance at
the Mike Cook deposition was
neither duplicative nor excessive,
but to facilitate the deposition by
assisting Attorney Cook.
Paralegal Simonini’s 3.1 time entry
is neither excessive nor duplicative.
Paralegal Simonini pulled exhibits
for the Cook deposition, so this
time entry should have preceded
the one just above it.
Paralegal Simonini's 1.3 time entry
reflects her responsibility to
address issues that were raised by
Mike Cook during his deposition.
This assignment is neither vague
nor excessive.

$68.00
$456.00 Duplicative of T. Cook
12/12/13 entry

Attorney Blair’s 1.2 time entry
reflects his separate notes prepared
prior to the Mike Cook deposition
to assist Attorney Cook. This time
entry is not duplicative of Attorney
Cook's deposition preparation.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

12-13-2013

J. BLAIR

ATTEND PORTION OF DEPOSITION OF M.
COOK

12-13-2013

J. BLAIR

REVIEW CASE AFTER COOK DEPOSITION

0.6

380.00

$228.00

12-13-2013

T. COOK

SELECT FINAL LIST OF EXHIBITS FOR
DEPOSITION OF M. COOK
TAKE DEPOSITION OF M. COOK

0.1

380.00

$38.00

12-13-2013

T. COOK

12-13-2013

Description

T. COOK

Hours

0.2

Rate

380.00

Amount

CAP Objections

$76.00 Duplicative

3.0

380.00

0.1

380.00

$38.00

0.1

380.00

$38.00

2.8

170.00

12-16-2013 L. SIMONINI ADDRESS ISSUES REGARDING PROVIDER
ELDRIDGE'S ATTORNEY AND FAILURE TO
RESPOND TO NUMEROUS MESSAGES

0.3

170.00

$51.00 Vague

12-16-2013 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
12-16-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

12-16-2013 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]

0.1

170.00

$17.00 Excessive billing for
email exchange

12-16-2013 L. SIMONINI TELEPHONE CALL C. ELDRIDGE ATTORNEY
REGARDING DEPOSITION
12-16-2013 L. SIMONINI STUDY CAP'S SUPPLEMENTS TO REQUEST
FOR PRODUCTION OF DOCUMENTS TO
IDENTIFY RECORDS CRITICAL OF M. COOK

0.2

170.00

$34.00

2.9

170.00

Attorney Blair’s .2 time entry to
attend a short portion of the Mike
Cook deposition was to measure
his credibility, and was not
duplicative of Attorney Cook’s
control of that deposition.

$1,140.00

STUDY EMAIL FROM DEFENDANT
REGARDING REFUSAL TO PRODUCE
PERSONNEL FILE OF M. COOK
12-13-2013
T. COOK
EMAIL FROM DEFENDANT REGARDING
DEPOSITIONS AND PRODUCTION OF
RECORDS
12-16-2013 L. SIMONINI STUDY CLIENT REQUEST FOR PRODUCTION
OF DOCUMENTS RESPONSES AND
DISCLOSURES AND IDENTIFY MATERIALS
FOR USE DURING DEPOSITION
PREPARATION

Gressett Reply

$476.00 Vague, excessive

$493.00 Excessive - post
deposition of M. Cook,
duplicative

Paralegal Simonini’s 2.8 hours
reflects her pulling of records for
plaintiff Gressett's deposition for
her review prior to deposition
preparation. It is neither vague nor
excessive.
Paralegal Simonini’s .3 time entry
reflects her assignment to
determine how to make contact
with care provider Eldridge. It is
not vague.

Paralegal Simonini’s .1 time entry
to prepare an email is not excessive
billing.
Paralegal Simonini’s .1 time entry
to prepare an email is not excessive
billing.

Paralegal Simonini's 2.9 time entry
documents her assignment to
review the file for materials critical
of Mike Cook, as a consequence of
his deposition testimony. It is not
duplicative of earlier pre-deposition
file searches.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

12-16-2013

J. BLAIR

12-16-2013

J. BLAIR

Description

STUDY COOK DEPOSITION, MAKE NOTES
REGARDING SAME
CONFIRM CONTACT WITH CLIENT'S
MEDICAL PROVIDER

Hours

Rate

Amount

CAP Objections

2.1

380.00

0.0

380.00

12-17-2013 L. SIMONINI ATTEND DEPOSITION PREPARATION
SESSION WITH CLIENT AND ATTORNEY
COOK
12-17-2013 L. SIMONINI COMPARE MEDICAL RECORDS TO M. COOK
NOTES DOCUMENTING CLIENT'S ABSENCES
TO IDENTIFY ABSENCES THAT TO NOT
MATCH WITH NOTES
12-17-2013
T. COOK
MEET AND CONFER WITH CLIENT [Privileged
Communication]
12-17-2013
J. BLAIR
MEET WITH A. GRESSETT [Privileged
Communication]
12-18-2013
T. COOK
TELEPHONE CALL FROM CLIENT [Privileged
Communication]
12-18-2013
T. COOK
COMMUNICATIONS WITH DEFENDANT
COUNSEL REGARDING PLAINTIFF'S
DEPOSITION
12-18-2013
T. COOK
ORDER DEPOSITION OF K. GROUSE
REGARDING FMLA LIST MADE BY HER FOR
DEPARTMENT OF LABOR

3.2

170.00

$544.00

2.9

170.00

$493.00

4.3

380.00

$1,634.00

1.5

380.00

$570.00

0.1

380.00

$38.00

0.1

380.00

$38.00

0.1

380.00

$38.00 Vague, no deposition of
K. Grouse taken

12-18-2013

T. COOK

0.1

380.00

$38.00

12-18-2013

T. COOK

5.3

380.00

$2,014.00

12-18-2013

T. COOK

0.1

380.00

$38.00

12-18-2013

T. COOK

0.1

380.00

$38.00

Gressett Reply

SEND EMAIL TO DEFENDANT COUNSEL
REGARDING DEPOSITION OF K. GROUSE
DETAILED STUDY AND NOTATE EVERY
MEDICAL RECORD FOR PLAINTIFF FOR
TREATMENT RELATED TO ANXIETY AND
DEPRESSION, CAUSES CHARTED,
TREATMENT CHARTED, REACTIONS
CHARTED, WHEN FMLA WAS RAISED, WHAT
WAS DONE FOR FMLA SUPPORT TO ASSIST
WITH PREPARATION FOR MEETING
SEND EMAIL TO EXPERT MCRAE
REGARDING FINAL DISCLOSURES
SEND EMAIL TO EXPERT BJORKLUND
REGARDING FINAL DISCLOSURES

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$798.00
$0.00 Vague, internal
conference, clerical

Attorney Blair's .2 time entry to
Clerical
document this office's ability to
contact plaintiff Gressett's medical
provider is neither vague nor an
internal conference, nor is it
clerical. No one else billed for this
time entry.

Attorney Cook's .1 time entry to
propose the deposition of attorney
Grouse is not vague and is
appropriate because at the time, this
office intended to depose attorney
Grouse.

Date

Attorney

12-18-2013

T. COOK

12-18-2013

J. BLAIR

12-18-2013

Description

Hours

Rate

Amount

CAP Objections

STUDY EMAIL FROM EXPERT BJORKLUND
REGARDING HIS ANALYSIS OF LATEST
DOCUMENTS
REVIEW EMAILS ADVISING OF A.
GRESSETT'S ILLNESS, CONFIRM NEW DATE
FOR DEPOSITION

0.1

380.00

$38.00

0.2

380.00

$76.00 Excessive

J. BLAIR

ANALYZE HOW TO USE FMLA CHART AT
TRIAL, CONFIRM WE CAN USE EXPERT TO
OPINE RE CHART AND NOT NEED TO DEPOSE
CAP'S ATTORNEY

1.2

380.00

$456.00 Vague

12-18-2013

J. BLAIR

STUDY T. COOK'S NOTES REGARDING
MEDICAL FILE, MAKE NOTES

0.3

380.00

$114.00 Duplicative

12-18-2013

T. COOK

SEND EMAIL TO EXPERT MCRAE
REGARDING SCOPE OF ANALYSIS

0.1

380.00

$38.00 Vague

12-18-2013

T. COOK

SEND EMAIL TO DEFENDANT REGARDING
DISCOVERY

0.1

380.00

$38.00 Vague

12-18-2013

T. COOK

STUDY EMAIL FROM DEFENDANT
REGARDING DISCOVERY

0.1

380.00

$38.00 Excess billing for email
exchange

3.7

170.00

Gressett Reply

12-19-2013 L. SIMONINI STUDY CAP'S RESPONSE TO SECOND, THIRD
AND FOURTH REQUESTS FOR PRODUCTION
OF DOCUMENTS AND SUPPLEMENTS
THERETO AND IDENTIFY RECORDS TO BE
FORWARDED TO EXPERT MCRAE

Attorney Blair's .2 time entry
documents a review of several
emails confirming plaintiff Gressett
was ill and that her deposition was
going to be pushed back. It is not
excessive.
Attorney Blair's 1.2 time entry
reflects his analysis of how to use
the "leave taken" chart prepared by
attorney Grouse if attorney Grouse
was not deposed. It is not vague,
but reflects appropriate attorney
analysis.
Attorney Blair's .3 time entry
reflects his analysis of Attorney
Cook's review of the Gressett
medical file. It is not duplicative,
but supplemental.
Attorney Cook's .1 time entry to
send an email to Expert McRae
about the scope of the case is not
vague.
Attorney Cook's .1 time entry to
send an email to CAP's counsel
about discovery issues is not vague.

Attorney Cook's .1 time entry to
review an email from CAP's
counsel about discovery, is not
excessive billing.
$629.00 Duplicative of 8/15/13,
Paralegal Simonini's 3.7 time entry
8/19/13. 9/6/13, 9/10/13, reflects her assignment to pull
9/13/13, 9/20/13,
materials for Expert McRae's
9/25/13, 9/26/13,
review, it is not dupliciative of
12/4/13, 12/11/13, and
Paralegal Simonini's other
12/12/13 entries
assignments for other purposes.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

12-19-2013 L. SIMONINI STUDY CAP'S RESPONSE TO SECOND, THIRD
AND FOURTH REQUESTS FOR PRODUCTION
OF DOCUMENTS AND SUPPLEMENTS
THERETO AND IDENTIFY RECORDS TO BE
FORWARDED TO EXPERT BJORKLUND

2.8

170.00

12-19-2013

T. COOK

4.5

380.00

12-19-2013

T. COOK

WORK ON COMPREHENSIVE TIME LINE
FROM ALL DEPOSITION EXHIBITS
CONFER WITH J BLAIR REGARDING
MEDICAL RECORDS, ADMISSION OF FMLA
LIST, WORK WITH EXPERT MCRAE

0.5

380.00

$190.00 Internal Conference

Attorney Cook's .5 time entry
reflects discussion with Attorney
Blair regarding the medical records
and Expert McRae. It is not an
internal conference; Attorney Blair
did not bill for this discussion.

12-19-2013

T. COOK

TRAVEL TO CONFER WITH C. ELDRIDGE
BEFORE DEPOSITION

0.7

380.00

$266.00 Excessive

Attorney Cook's .7 time entry
reflects time to travel to meet with
plaintiff Gressett's care provider. It
is not excessive.

12-19-2013

T. COOK

1.4

380.00

$532.00

12-19-2013

T. COOK

MEET WITH C. ELDRIDGE FOR BASIC FACT
REVIEW BEFORE DEPOSITION
TRAVEL BACK FROM WEST SIDE INTERVIEW
WITH C. ELDRIDGE

1.0

380.00

$380.00 Excessive

12-19-2013

T. COOK

STUDY RECORDS TO IDENTIFY WHEN
DEFENDANT CORPORATE COUNSEL FIRST
APPEARS TO HAVE BECOME INVOLVED IN
MATTER TO AID WITH DEMAND FOR HER
DEPOSITION

0.5

380.00

12-19-2013

T. COOK

1.0

380.00

$380.00

12-19-2013

J. BLAIR

STUDY ALL PAYROLL RELATED RECORDS
TO IDENTIFY AND TRACK RATES OF
ABSENCE FOR VACATION, HOLIDAYS, SICK,
PERSONAL DAYS, FMLA TO ASSIST WITH
CLAIM THAT DEFENDANT INDEED FIRED
PLAINTIFF FOR USING FMLA
ANALYZE WHAT TESTIMONY WE NEED
FROM CLIENT'S MEDICAL PROVIDER,
DEVELOP QUESTIONS FOR HER

0.9

380.00

$342.00

$476.00 Duplicative; Excessive

Paralegal Simonini's 2.8 time entry
to pull supplemental materials for
Expert Bjorklund's review is not
duplicative of Paralegal Simonini's
separate efforts to pull records for
other purposes. It is not excessive
time for the same reason.

$1,710.00

Attorney Cook's .7 time entry
reflects time to travel to meet with
plaintiff Gressett's care provider. It
is not excessive.
$190.00 Unnecessary - duplicative Attorney Cook's .5 time entry
of J. Blair 12/18/13 entry reflects her review of the file as to
when in house attorney Grouse
became involved in the Gressett
termination process. It is not
duplicative of any entry by
Attorney Blair and was critically
relevant to whether attorney Grouse
could be deposed.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

12-19-2013

J. BLAIR

DISCUSS FINDINGS FROM MEDICAL
PROVIDER AFTER MEETING WITH T. COOK
TODAY

0.5

380.00

$190.00 Internal Conference

12-19-2013

J. BLAIR

0.4

380.00

$152.00

12-20-2013

J. BLAIR

ANALYZE A. GRESSETT'S HOURS WORKED
BASED ON CALCULATIONS FROM T. COOK
EMAIL EXCHANGE WITH T. COOK
REGARDING DEPOSITION OF CLIENT'S
MEDICAL PROVIDER

0.2

380.00

12-20-2013

J. BLAIR

CONFIRM TESTIMONY FROM MEDICAL
PROVIDER IS ON BALANCE POSITIVE FOR
CLIENT

0.5

380.00

$190.00 Vague, Internal
conference

12-20-2013

T. COOK

TRAVEL TO WEST SIDE FOR DEPOSITION OF
C. ELDRIDGE

0.8

380.00

$304.00 Excessive

$76.00 Internal Conference

Gressett Reply

Attorney Blair's .5 time entry to
discuss the medical provider
meeting with Attorney Cook is not
an internal conference, Attorney
Cook did not bill for this
discussion.

Attorney Blair's email exchange
with Attorney Cook regarding
deposing plaintiff Gressett's
medical provider is not an internal
conference; Attorney Cook did not
bill for this matter.
Attorney Blair's .5 time entry
reflecting his confidence that
plaintiff Gressett's medical provider
would be a strong witness is neither
vague or an internal conference.
There is no testimony from anyone
else on this subject.
Attorney Cook's .8 time entry to
travel to the Eldridge deposition is
not excessive, but necessary.

12-20-2013

T. COOK

ATTEND/TAKE DEPOSITION OF C. ELDRIDGE

4.5

380.00

12-20-2013

T. COOK

TRAVEL BACK FROM DEPOSITION OF C.
ELDRIDGE

1.0

380.00

$1,710.00
$380.00 Excessive

Attorney Cook's 1.0 time entry to
return from the Eldridge deposition
is not excessive, but necessary.

12-20-2013

T. COOK

TELEPHONE CALL WITH J. BLAIR
REGARDING DEPOSITION OF C. ELDRIDGE

0.3

380.00

$114.00 Internal Conference

Attorney Cook's .3 time entry to
discuss the Eldridge deposition
with Attorney Blair is not an
internal conference, Attorney Blair
did not bill for that discussion.

12-21-2013

T. COOK

0.1

380.00

$38.00

12-21-2013

T. COOK

STUDY EMAIL WITH DRAFT OF TRANSCRIPT
FOR C. ELDRIDGE
PRELIMINARY READ OF DRAFT TRANSCRIPT
OF WITNESS ELDRIDGE

0.9

380.00

$342.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

12-22-2013 L. SIMONINI STUDY DRAFT OF DEPOSITION OF C.
ELDRIDGE FOR USE IN PREPARING FOR
DEPOSITION OF CLIENT

2.9

170.00

12-24-2013

J. BLAIR

0.2

380.00

12-26-2013

T. COOK

1.6

380.00

$608.00

12-26-2013

T. COOK

8.0

380.00

$3,040.00

12-27-2013

T. COOK

0.1

380.00

$38.00

12-28-2013

T. COOK

3.0

380.00

$1,140.00

12-30-2013

J. BLAIR

0.2

380.00

$76.00 Vague

12-30-2013

T. COOK

STUDY SEND EMAIL TO DEFENDANT
REGARDING DISCOVERY

0.1

380.00

$38.00 Vague

12-30-2013

T. COOK

0.2

380.00

$76.00

12-30-2013

T. COOK

0.1

380.00

$38.00

12-30-2013

T. COOK

0.1

380.00

$38.00

12-31-2013

T. COOK

0.1

380.00

$38.00

12/31/2013

T. COOK

SEND EMAIL TO CLIENT [Privileged
Communication]
IDENTIFY ALL REMAINING RECORDS TO BE
ANALYZED BY EXPERTS IN PREPARATION
FOR FINAL DISCLOSURES
SEND EMAIL TO DEFENDANT REQUESTING
DATES FOR DEPOSITION OF DEFENDANT
CORPORATE COUNSEL GROUSE
STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excess billing for email
exchange

Gressett Reply

STUDY EMAIL EXCHANGE REGARDING
CLIENT'S CONTINUED ILLNESS,
UNCERTAINTY OF DEPOSITION
FINALIZE REVIEW OF EXHIBITS IN
ANTICIPATION OF DEPOSITION OF CLIENT
ATTEND AND DEFEND DEPOSITION OF
CLIENT
SEND EMAIL TO CLIENT [Privileged
Communication]
WORK ON COMPREHENSIVE OUTLINE OF
ISSUES, EVIDENCE, DEFENSES, STRENGTHS
AND WEAKNESSES OF CASE IN LIGHT OF
APPROACHING CLOSE OF DISCOVERY
CONFIRM TIMING OF ANY SUPPLEMENTAL
DISCLOSURES BEFORE JANUARY DEADLINE

$493.00 Duplicative of T. Cook
Paralegal Simonini's 2.9 time entry
12/22/13 entry, excessive reflects her assignment to study the
Eldridge deposition in preparation
for plaintiff Gressett's deposition.
It is not duplicative of Attorney
Cook's preparation for the
deposition, nor is it an excessive
time to review the Eldridge
deposition and assist Attorney
Cook.
$76.00 Excessive

Attorney Blair's .2 time entry is to
learn plaintiff Gressett's health
issues is not excessive.

Attorney Blair's .2 time entry to
determine what if any supplemental
disclosures could be made before
the disclosure deadline is not
vague.
Attorney Cook's .1 time entry to
send an email to CAP's counsel is
not vague. (The word "study"
should be omitted).

Attorney Cook's .1 time entry to
send an email to plaintiff Gressett
is not excessive billing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

12-31-2013

T. COOK

SEND EMAIL TO CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excess billing for email
exchange

12-31-2013

J. BLAIR

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]

0.2

380.00

$76.00 Excess billing for email
exchange

12-31-2013

J. BLAIR

0.6

380.00

$228.00

01-03-2014

J. BLAIR

0.2

380.00

$76.00

01-03-2014

J. BLAIR

ANALYZE ADDITIONAL OPINIONS FROM
HUMAN RESOURCES EXPERT
EMAIL COMMUNICATION WITH A. GRESSETT
[Privileged Communication]
STUDY PORTION OF ELDRIDGE DEPOSITION,
MAKE NOTES

0.7

380.00

01-06-2014 L. SIMONINI TELEPHONE CALL ATTORNEY BLAIR AND
EXPERT MCRAE REGARDING ADDITIONAL
DISCLOSURE TO BE MADE
01-06-2014 L. SIMONINI STUDY DISCOVERY RESPONSES AND
CORRESPONDENCE FROM CAP'S ATTORNEY
TO DETERMINE WHETHER APPROPRIATE
FOR EXPERT MCRAE TO TESTIFY
REGARDING CAP'S FMLA CHART
SUBMITTED TO THE DEPARTMENT OF
LABOR
01-06-2014 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S FMLA
CHART SUBMITTED TO THE DEPARTMENT
OF LABOR

0.3

170.00

$51.00

0.6

170.00

$102.00

0.4

170.00

$68.00 Vague

01-06-2014 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
01-06-2014 L. SIMONINI ADDRESS ISSUES REGARDING PLAINTIFF'S
EMPLOYERS SUBSEQUENT TO CAP

0.1

170.00

$17.00

0.3

170.00

$51.00 Vague

01-06-2014 L. SIMONINI IDENTIFY CORRESPONDENCE RELATING TO
ATTORNEY GROUSE AND HER PROPOSED
DEPOSITION

0.4

170.00

$68.00 Vague

$266.00 Duplicative of T. Cook
12/21/13 entry

Gressett Reply

Attorney Cook's .1 time entry to
send a separate email to plaintiff
Gressett is not excessive billing.
Attorney Blair's .2 time entry for
an email exchange with Plaintiff
Gressett is not excessive billing.

Attorney Blair's .7 time entry to
review a portion of the Eldridge
deposition, make notes about that
deposition is not duplicative of
Attorney Cook's efforts associated
with that deposition.

Paralegal Simonini's .4 time entry
to complete an assignment related
to CAP's FMLA chart to DOL is
not vague.

Paralegal Simonini's .3 time entry
to review plaintiff Gressett's
employment status after CAP is not
vague.
Paralegal Simonini's .4 time entry
to pull and review all of the
correspondence that related to
attorney Grouse's DOL chart and
her proposed deposition is not
vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

01-06-2014

J. BLAIR

STUDY PORTION OF ELDRIDGE DEPOSITION
AND MAKE NOTES

1.5

380.00

$570.00 Duplicative of 1/3/14
entry

01-06-2014

J. BLAIR

EMAIL EXCHANGE WITH T. COOK
REGARDING SUPPLEMENTAL HUMAN
RESOURCES OPINIONS

0.2

380.00

$76.00 Internal Conference

01-06-2014

J. BLAIR

REVIEW G. MCRAE REPORTS

01-06-2014

J. BLAIR

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Attorney Blair's 1.5 time entry to
study another portion of the
Eldridge deposition and make notes
about that deposition is not
duplicative of the earlier entry
studying an earlier portion of the
deposition.
Attorney Blair's .2 time entry to
exchange emails with Attorney
Cook about supplemental HR
opinions from Expert McRae is not
an internal conference. Attorney
Cook did not bill for that exchange.

0.2

380.00

ARRANGE ADDITIONAL MATERIALS TO G.
MCRAE'S ATTENTION, TELEPHONE CALL
WITH HER REGARDING SUPPLEMENTAL
OPINIONS
01-06-2014
T. COOK
IDENTIFY LIST OF WITNESSES FOR FINAL
DISCLOSURE
01-07-2014 L. SIMONINI UPDATE COLLECTION OF MATERIALS
FORWARDED TO EXPERT MCRAE

0.7

380.00

$212.80 Block Billing

$76.00

0.3

380.00

$114.00

1.2

170.00

$204.00 Vague, excessive

01-07-2014

J. BLAIR

0.8

380.00

$304.00

01-07-2014

J. BLAIR

STUDY DRAFT SUPPLEMENTAL REPORT
FROM G. MCRAE, CONFIRM APPROVAL OF
SAME
STUDY PORTION OF ELDRIDGE DEPOSITION

0.6

380.00

01-07-2014

J. BLAIR

ANALYZE WHETHER WE CAN SECURE
ADDITIONAL OPINIONS FROM G. MCRAE
REGARDING CAP'S HUMAN RESOURCES
FUNCTION

0.3

380.00

$228.00 Duplicative of 1/3/14 and Attorney Blair's .6 time entry to
1/6/14 entries
review a third portion of the
Eldridge deposition is not
duplicative of the earlier efforts to
review other portions.
$114.00

Task 1 - (.2); Task 2 (.5).

Paralegal Simonini's 1.2 time entry
reflects her assignment to collect
additional materials for Expert
McRae's consideration. It is
neither vague nor excessive.

Block billing; reduced
by 20%.

Date

Attorney

01-07-2014

T. COOK

01-07-2014

Description

T. COOK

Rate

Amount

CAP Objections

0.6

380.00

$228.00 Duplicative of J. Blair
1/7/14 entry

0.3

380.00

0.1

380.00

$38.00

1.1

170.00

$187.00

0.7

380.00

$266.00

0.2

380.00

1.2

380.00

$456.00 Excessive, duplicative

STUDY PORTION OF A. GRESSETT
DEPOSITION
01-09-2014 L. SIMONINI ADDRESS ISSUES REGARDING DISCLOSURE
OF AUDIO TAPES

0.5

380.00

$190.00

0.3

170.00

01-09-2014 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT
MCRAE'S SUPPLEMENTAL REPORT

0.6

170.00

Gressett Reply

$114.00

01-07-2014

01-08-2014

01-08-2014
01-08-2014

STUDY SUPPLEMENTAL REPORT FROM
EXPERT MCRAE

Hours

IDENTIFY ADDITIONAL AREAS OF OPINION
TO BE COVERED BY EXPERT MCRAE OF
DEFENDANT NEGLIGENCE
T. COOK
SEND EMAIL TO EXPERT MCRAE
REGARDING REVIEW OF ADDITIONAL
OPINIONS AND UPDATE REPORT
L. SIMONINI UPDATE COLLECTION OF DEPOSITION
TRANSCRIPTS FOR USE IN DRAFTING
MOTION FOR SUMMARY JUDGMENT
J. BLAIR
PLAN DEFENSES AND FINAL DISCLOSURE AT
THE END OF THIS WEEK
J. BLAIR
CONFIRM A. GRESSETT'S DEPOSITION WENT
WELL

01-08-2014

J. BLAIR

01-08-2014

STUDY REMAINDER OF C. ELDRIDGE
DEPOSITION, MAKE NOTES REGARDING
SAME

J. BLAIR

Attorney Cook's .6 time entry to
review Expert McRae's
supplemental report is not
duplicative of Attorney Blair's
review of that draft report. Both
attorneys worked closely with
Expert McRae because of the key
HR testimony from CAP's
witnesses.

$76.00 Vague, excessive, internal Attorney Blair's .2 time entry to
conference
assess the Gressett deposition is
neither vague nor excessive. No
one else billed for this assessment.

$51.00 Vague, duplicative of
6/14/13 entry

$102.00 Vague

Attorney Blair's 1.2 time entry to
review the last portion of the
Eldridge deposition and make notes
about that deposition is neither
excessive nor duplicative.

Paralegal Simonini's .3 time entry
to assess whether the Gressett
audio tapes would be disclosed is
neither vague nor duplicative. It
reflects an assignment she was
given as the deadlines were
approaching.
Paralegal Simonini's .6 time entry
reflects her involvement in
disclosing the supplemental report
from Expert McRae. It is not
vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

01-09-2014 L. SIMONINI IDENTIFY DEPOSITION TRANSCRIPTS TO BE
FORWARDED TO EXPERT MCRAE

0.8

170.00

01-09-2014 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING DEPOSITIONS
01-09-2014
J. BLAIR
ANALYZE EXPERT MCRAE'S DRAFT
SUPPLEMENTAL REPORT, EMAIL
COMMUNICATIONS REGARDING FINALIZING
AND FILING SAME
01-09-2014
J. BLAIR
STUDY PORTION OF A. GRESSETT
TRANSCRIPT AND MAKE NOTES REGARDING
SAME
01-09-2014
T. COOK
EVALUATE STATUS OF CASE, DISCOVERY,
DISCLOSURES, EXPERT DISCLOSURE,
UPDATE PLAN OF ACTION
01-09-2014
T. COOK
STUDY EMAIL FROM EXPERT MCRAE
REGARDING SUPPLEMENTAL REPORT
01-10-2014 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING SUPPLEMENTAL REPORT
01-10-2014 L. SIMONINI TELEPHONE CALL CLIENT [Privileged
Communication]
01-10-2014 L. SIMONINI STUDY CLIENT'S DEPOSITION TRANSCRIPT
TO IDENTIFY CO-WORKER THAT WAS
KNOWLEDGEABLE OF ATTORNEY
KRUMWEIDE ISSUES
01-10-2014 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
01-10-2014 L. SIMONINI STUDY CORRESPONDENCE FROM CLIENT
[Privileged Communication]

0.1

170.00

1.2

380.00

$456.00

1.1

380.00

$418.00

1.0

380.00

$380.00

0.1

380.00

$38.00

0.0

170.00

0.3

170.00

$0.00 Duplicative of above
entry
$51.00

0.4

170.00

$68.00

0.1

170.00

$17.00

2.3

170.00

$391.00 Excessive

1.3

170.00

$221.00

0.5

170.00

$85.00

0.2

380.00

$76.00

0.4

380.00

$152.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$17.00

01-10-2014 L. SIMONINI STUDY CLIENT FILES AND IDENTIFY
ADDITIONAL RECORDS TO BE DISCLOSED
AS TRIAL EXHIBITS
01-10-2014 L. SIMONINI DRAFT FINAL CUMULATIVE DISCLOSURE
STATEMENT
01-10-2014
J. BLAIR
TELEPHONE CALL WITH G. MCRAE
REGARDING SUPPLEMENTAL REPORT
01-10-2014
J. BLAIR
REVIEW EXPERT REPORT AND APPROVE FOR
FILING EXPERT REPORT

$136.00 Vague

Gressett Reply

Paralegal Simonini's .8 time entry
reflects her assignment to pull other
relevant deposition transcripts to
forward same to Expert McRae. It
is not vague.

This entry is duplicative and
should not be considered.

Paralegal Simonini's 2.3 time entry
reflects her assignment to review
correspondence from Plaintiff
Gressett in order to identify
potential witnesses. It is not
excessive, but reflects all of the
time she gave to that assignment.

Duplicative

Date

Attorney

01-10-2014

J. BLAIR

01-10-2014

J. BLAIR

Description

REVIEW PORTIONS OF A. GRESSETT
DEPOSITION, EMAIL COMMUNICATIONS
WITH MS. GRESSETT [Privileged
Communication]
ADDRESS ISSUES RELATING TO FINAL
DISCLOSURE

Hours

Rate

Amount

CAP Objections

Gressett Reply

1.1

380.00

$418.00 Block Billing

First time entry (.8); second time
entry (.3).

0.5

380.00

$190.00 Vague

Attorney Blair's .5 time entry
reflects his time to determine what
if any supplemental disclosures
were necessary at the final
disclosure deadline. It is not vague.

01-13-2014 L. SIMONINI STUDY DEPOSITION OF CLIENT TO IDENTIFY
DISCOVERY ISSUES, MOTION FOR SUMMARY
JUDGMENT TO BE ADDRESSED AT TRIAL

1.7

170.00

$289.00 Vague

Paralegal Simonini's 1.7 time entry
reflects her assignment to study the
Gressett deposition as it impacts
discovery issues as well as
dispositive motions.

01-13-2014 L. SIMONINI IDENTIFY MATERIALS FOR ATTORNEY
BLAIR'S USE IN PREPARING FOR MOTION
FOR SUMMARY JUDGMENT
01-13-2014 L. SIMONINI STUDY DEPOSITION OF C. ELDRIDGE TO
IDENTIFY DISCOVERY ISSUES, ITEMS TO BE
ADDRESSED AT TRIAL
01-13-2014 L. SIMONINI PREPARE MATERIALS FOR USE AT FIRM
DOCKET CALL RE UPCOMING TRIAL AND
ISSUES TO BE PRESENTED

0.3

170.00

$51.00

1.3

170.00

$221.00

1.5

170.00

$255.00 Vague, internal
conference

Paralegal Simonini's 1.5 time entry
reflects her assignment to prepare
materials for use at a firm docket
call relating to the Gressett
litigation. The firm routinely does
1-2 hour "docket calls" to get case
assessments from other attorneys in
the office. Paralegal Simonini's
assistance in preparation for the
docket call is neither vague nor an
internal conference.

01-13-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF M.
COOK TO IDENTIFY TESTIMONY COUNTER
TO CLIENT'S DEPOSITION

1.6

170.00

$272.00 Vague

Paralegal Simonini's 1.6 time entry
reflects her assignment to see if
there are conflicts between the
deposition of Mike Cook and that
of plaintiff Gressett. It is not
vague.

01-13-2014

J. BLAIR

0.5

380.00

$190.00

01-13-2014

J. BLAIR

0.9

380.00

$342.00 Vague

STUDY GRESSETT'S FINAL DISCLOSURE OF
WITNESSES AND EXHIBITS
STUDY PORTION OF A. GRESSETT
TRANSCRIPT

Attorney Blair's .9 time entry
reflects his review of a portion of
the Gressett transcript. It is not
vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

01-14-2014 L. SIMONINI DRAFT NOTICE OF SERVICE OF THIRD
SUPPLEMENTAL DISCLOSURE STATEMENT

0.1

170.00

01-14-2014 L. SIMONINI BEGIN STUDY OF CAP'S DISCOVERY
RESPONSES AND IDENTIFY POTENTIAL
TRIAL EXHIBITS TO BE INCORPORATED IN
JOINT PRETRIAL MEMORANDUM

3.3

170.00

01-14-2014

J. BLAIR

0.3

380.00

$114.00

01-14-2014

J. BLAIR

EMAILS TO A.GRESSETT [Privileged
Communication]
STUDY PORTION OF GRESSETT TRANSCRIPT,
MAKE NOTES REGARDING SAME

1.8

380.00

$684.00 vague

01-15-2014

J. BLAIR

0.2

380.00

01-15-2014

J. BLAIR

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
REVIEW FILE TO PREPARE FOR DOCKET
CALL THIS AFTERNOON, PULL TIMELINE
AND CASE SUMMARY

1.5

380.00

$570.00 Vague, internal
conference

01-15-2014

J. BLAIR

DOCKET CALL TO EVALUATE GRESSETT
LITIGATION

1.8

380.00

$684.00 Vague, internal
conference

01-15-2014

J. BLAIR

CONFIRM CLIENT'S RIGHT TO LIQUIDATED
DAMAGES

0.3

380.00

$114.00 Vague

0.8

170.00

$136.00 Internal Conference

Gressett Reply

01-16-2014 L. SIMONINI ADDRESS TRIAL AND MOTION FOR
SUMMARY JUDGMENT ISSUES WITH
ATTORNEY BLAIR

$17.00 Clerical

Paralegal Simonini's .1 time entry
to prepare a service notice is not
clerical.
$561.00 Duplicative of 9/4/13 and Paralegal Simonini's 3.3 time entry
12/2/13 entries
reflects her initial preparation of
identification of trial exhibits for
the joint pretrial memorandum. It
is not duplicative of any efforts she
made before that date.

Attorney Blair's 1.8 time entry
reflects his review of another
portion of the Gressett transcript
and make notes about key parts of
that transcript. It is not vague.

$76.00
Attorney Blair's 1.5 time entry
reflects his file review in advance
of the docket call referenced above.
It is neither vague nor an internal
conference, but an attempt to
determine the firm's valuation of
this litigation.
Attorney Blair's 1.8 time entry
reflects his interaction at the docket
call referenced above. It is neither
vague nor an internal conference,
but an attempt to determine the
firm's valuation of this litigation.
Attorney Blair's .3 time entry
reflects his initial review whether
plaintiff Gressett is entitled to
liquidated damages. It is not
vague.
Paralegal Simonini's .8 time entry
reflects her assignment for Attorney
Blair to find support for summary
judgment issues. It is not an
internal conference; no one else
billed for this time.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

01-16-2014

J. BLAIR

Description

ASSESS DOCKET CALL, ISSUES TO BE
ADDRESSED PRETRIAL

Hours

0.9

Rate

380.00

Amount

CAP Objections

$342.00 Internal Conference

01-16-2014

J. BLAIR

STUDY REVISED OFFER FROM CAP

0.1

380.00

01-16-2014

J. BLAIR

REVIEW REMAINDER OF GRESSETT
TRANSCRIPT, ADD NOTES REGARDING FMLA
LEAVE CHART FROM A. GRESSETT'S
TESTIMONY

1.8

380.00

01-16-2014

T. COOK

STUDY EMAIL FROM DEFENDANT
REGARDING OFFER

0.1

380.00

01-17-2014

J. BLAIR

0.0

380.00

$0.00 unrelated to lawsuit

01-17-2014

J. BLAIR

0.0

380.00

$0.00 Duplicative of 1/16/14
entry

01-20-2014

T. COOK

2.7

380.00

T. COOK

0.9

380.00

$342.00

01-20-2014

T. COOK

0.3

380.00

$114.00

01-20-2014

T. COOK

STUDY DEFENDANT'S THIRD
SUPPLEMENTAL DISCLOSURE STATEMENT
STUDY DEFENDANT'S FIRST SUPPLEMENTAL
RESPONSES TO OUR FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS

1.0

380.00

$380.00

01-21-2014 L. SIMONINI STUDY DRAFT MOTION FOR SUMMARY
JUDGMENT AND CONFIRM ACCURACY OF
CASE CITATIONS AND DETERMINE
WHETHER ADDITIONAL RECORD SUPPORT IS
NECESSARY

1.7

170.00

$289.00 Duplicative of 8/15/13,
8/21/13, 8/22/13,
8/23/13, 8/26/13, 1/8/14,
1/13/14 and 1/16/14
entries

Attorney Blair's .9 time entry to
analyze the results of the docket
call and relate them to the issues
necessary to be addressed at pretrial
is not an internal conference. No
one else billed for this analysis.

$1,026.00

01-20-2014

REVIEW AND MAKE SUGGESTIONS TO
LETTER TO IRS
STUDY REMAINDER OF GRESSETT
DEPOSITION, MAKE NOTES REGARDING
OTHER FMLA LEAVE DAYS
DETAILED STUDY OF DEFENDANT'S
RESPONSE TO THIRD REQUEST FOR
PRODUCTION OF DOCUMENTS
STUDY DEFENDANT'S FIRST SUPPLEMENTAL
RESPONSE TO OUR SECOND REQUEST FOR
PRODUCTION OF DOCUMENTS

Gressett Reply

$38.00
$684.00 Vague

$38.00 Duplicative of 1/16/14
entry

Attorney Blair's 1.8 time entry to
review the remainder of the
Gressett deposition transcript and
make notes from that testimony is
not vague.
Attorney Cook's .1 time entry to
study an email from CAP's
attorneys is not duplicative of any
other entry that same date.
Agreed.
Agreed.

Paralegal Simonini's 1.7 time entry
reflects her assignment to support
the draft summary judgment
motion and is not duplicative of the
other time entries indicated.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

01-21-2014

J. BLAIR

PLAN MOTION FOR SUMMARY JUDGMENT
FILING NEXT WEEK, CONFIRM CAP WILL
FILE ONE AS WELL

0.2

380.00

$76.00 Block Billing, clerical,
vague

01-21-2014

T. COOK

0.1

380.00

$38.00

01-21-2014

T. COOK

STUDY EMAIL FROM DEFENDANT WITH
COUNTER OFFER
ASSESS BEST COURSE OF ACTION TO
RESPOND TO DEFENDANT'S COUNTER
OFFER AND PROSPECTS FOR MEDIATION

0.2

380.00

$76.00 Internal Conference

01-21-2014

T. COOK

0.2

380.00

$76.00

01-21-2014

T. COOK

0.1

380.00

$38.00

01-21-2014

T. COOK

TELEPHONE CALL WITH COUNSEL FOR
DEFENDANT REGARDING THEIR COUNTER
OFFER, MOTION FOR SUMMARY JUDGMENT,
COSTS GOING FORWARD
SEND EMAIL TO CLIENT [Privileged
Communication]
STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excess billing for email
exchange

01-22-2014 L. SIMONINI IDENTIFY MATERIALS FOR ATTORNEY USE
IN ADDRESSING SETTLEMENT OFFER BY
DEFENDANT

1.9

170.00

01-22-2014

J. BLAIR

0.2

380.00

$76.00 Block Billing

01-22-2014

J. BLAIR

0.2

380.00

$76.00

01-22-2014

T. COOK

0.2

380.00

$76.00

01-22-2014

T. COOK

ANALYZE CASE VALUE FOR MEDIATION
PURPOSES, REVIEW EMAIL FROM T. COOK
TO A. GRESSETT
STUDY A. GRESSETT'S EMAILS [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]
FOLLOW-UP INSTRUCTIONS REGARDING
COUNTEROFFER AND MEDIATION

0.1

380.00

$38.00 Vague

01-22-2014

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00

$323.00 Vague, excessive

Gressett Reply

Attorney Blair's .2 time entry
reflects his analysis of a proposed
summary judgment filing as well as
confirmation from CAP's counsel
that they will be filing one as well.
This entry is neither clerical nor
vague. Each entry is a .1 time entry.

Attorney Cook's .2 time entry
reflects her analysis of Plaintiff
Gressett's ability to counter CAP's
settlement offer and consider
mediation. No one else billed for
this time. It is not an internal
conference.

Attorney Cook's .1 time entry to
study an email from Plaintiff
Gressett is not an excessive billing.
Paralegal Simonini's 1.9 time entry
documents an assignment she
received to pull materials to assess
CAP's latest settlement offer. It is
neither vague nor excessive.
First entry (.1); second entry (.1).

Attorney Cook's .1 time entry
documents instructions to the trial
team regarding a counter-offer and
mediation. It is not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

01-23-2014

J. BLAIR

01-23-2014

J. BLAIR

01-23-2014

T. COOK

Description

REVIEW DRAFT MOTION FOR SUMMARY
JUDGMENT
EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
STUDY EMAIL FROM CLIENT [Privileged
Communication]

Hours

Rate

Amount

CAP Objections

0.3

380.00

$114.00

0.2

380.00

$76.00

0.1

380.00

$38.00 Excessive billing for
email exchange

01-24-2014 L. SIMONINI STUDY DISCOVERY MATERIALS AND
PREPARE DOCUMENTS TO BE ATTACHED TO
STATEMENT OF FACTS

1.6

170.00

$272.00 Duplicative of 8/26/13
entries

01-24-2014

J. BLAIR

1.8

380.00

$684.00

01-24-2014

J. BLAIR

0.4

380.00

$152.00

01-24-2014

J. BLAIR

WORK ON REDRAFT AND EXHIBITS FOR
MOTION FOR SUMMARY JUDGMENT
EMAIL COMMUNICATIONS WITH A.
GRESSETT [Privileged Communication]
RESEARCH LIQUIDATED DAMAGES ISSUE,
WHETHER AND WHEN COURT CAN RULE ON
THE ISSUE AND WHAT THE ELEMENTS ARE

2.2

380.00

$836.00 Duplicative of 1/15/14
entry, background
research

01-24-2014

T. COOK

MEET AND CONFER WITH Attorney Blair
REGARDING MOTION FOR SUMMARY
JUDGMENT AND ISSUES TO RAISE

0.6

380.00

$228.00 Internal Conference

01-24-2014

T. COOK

0.4

380.00

$152.00

01-24-2014

T. COOK

STUDY MULTIPLE EMAILS FROM CLIENT
[Privileged Communication]
EVALUATE STRATEGY FOR RAISING ISSUE
OF LIQUIDATED DAMAGES

0.4

380.00

$152.00 Vague, duplicative

3.2

170.00

$544.00

0.4

170.00

$68.00

Gressett Reply

01-27-2014 L. SIMONINI CONTINUE TO IDENTIFY AND PREPARE
EXHIBITS TO BE ATTACHED TO STATEMENT
OF FACTS
01-27-2014 L. SIMONINI CONFIRM ACCURACY OF CASE CITATIONS
IN MOTION FOR SUMMARY JUDGMENT

Attorney Cook's .1 time entry
reflects an email to Plaintiff
Gressett and is not excessive
billing.
Paralegal Simonini's 1.6 time entry
reflects her continued review of file
materials for the statement of facts
for Plaintiff Gressett's dispositive
motion. It is not duplicative of her
earlier efforts related to this motion.

Attorney Blair's 2.2 time entry
identifies his research of the
liquidated damages issue, whether
it is a court or jury issue. It is not
duplicative of his earlier overview
of liquidated damages and is not
background research.
Attorney Cook's .6 time entry
reflects a discussion of the
dispositive motion with Attorney
Blair. It is not an internal
conference because Attorney Blair
did not bill for this discussion.

Attorney Cook's .4 time entry
reflects her review when the
liquidated damages should be
addressed. It is neither vague nor
duplicative of any other effort.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

01-27-2014 L. SIMONINI STUDY CAP'S 281 STATEMENTS OF FACTS
AND SUPPORTING EVIDENCE TO IDENTIFY
FACTS TO BE CHALLENGED
01-27-2014
J. BLAIR
MAKE REVISIONS AND FINALIZE MOTION
FOR SUMMARY JUDGMENT
01-27-2014
J. BLAIR
ADD CASE LAW RELEVANT TO BACHELDER
DECISION

2.3

170.00

380.00

$456.00

1.1

380.00

$418.00 Excessive

01-27-2014

J. BLAIR

0.2

380.00

01-27-2014

J. BLAIR

TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
01-28-2014 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S MOTION
FOR SUMMARY JUDGMENT AND CLAIMS
REGARDING NON-FMLA LEAVE TAKEN,
NUMBER OF HOURS ABSENT
01-28-2014 L. SIMONINI COMPARE CAP'S STATEMENT OF FACTS TO
ITS MOTION FOR SUMMARY JUDGMENT AND
IDENTIFY NEARLY 40% OF THEIR
STATEMENTS OF FACT NOT CITED IN THE
MOTION FOR SUMMARY JUDGMENT
01-28-2014
J. BLAIR
STUDY CAP'S MOTION FOR SUMMARY
JUDGMENT AND SEPARATE STATEMENT OF
FACTS

0.5

380.00

$190.00

2.1

170.00

$357.00 Vague

4.8

170.00

$816.00

2.6

380.00

$988.00 Duplicative

01-28-2014

J. BLAIR

ANALYZE CASE WITH T. COOK, DEVELOP
WORK TO BE DONE TO PREPARE FOR A
MEDIATION

0.8

380.00

$243.20 Internal Conference,
Block Billing

01-28-2014

J. BLAIR

STUDY CASE VALUE IN LIGHT OF PENDING
MOTIONS, COMMENTS BY A. GRESSETT,
DOCKET CALL

0.6

380.00

$228.00 Vague, internal
conference

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$391.00

1.2

Gressett Reply

DISCUSS LIQUIDATED DAMAGES ISSUE
WITH T. COOK

$76.00 Internal Conference

Attorney Blair's 1.1 time entry
reflects his modifications to the
dispositive motion to reflect
Bachelder. It is not excessive, but
necessary to this motion.
Attorney Blair's .2 time entry to
discuss the liquidated damages
issue with Attorney Cook is not an
internal conference. No one else
billed for this time entry.

Paralegal Simonini's 2.1 time entry
to address issues in CAP's
dispositive motion is not vague, but
laid out in specifics.

Attorney Blair's 2.6 time entry to
study CAP's motion for summary
judgment and separate statement of
facts is not duplicative of any other
time entry.
Attorney Blair's .8 time entry to
Block billing; reduced
analyze the case with Attorney
by 20%.
Cook is not an internal conference
because no one else billed for that
time. The first time entry (.2);
second time entry .6).
Attorney Blair's .6 time entry
reflects his analysis of the case
value in light of recent activities in
the case and in the office, and
comments from Plaintiff Gressett.
It is not vague and no one else
billed for this time.

Date

Attorney

01-28-2014

J. BLAIR

01-28-2014

Description

T. COOK

ADDRESS CAP'S UNNECESSARY SEPARATE
STATEMENT OF FACTS, NOT USED IN ITS
MOTION FOR SUMMARY JUDGMENT

Hours

Rate

Amount

CAP Objections

0.4

380.00

$152.00 Vague

0.6

380.00

$228.00 Vague, block billing

0.8

380.00

$304.00 Block billing

2.9

170.00

$493.00

0.2

380.00

$76.00

0.2

380.00

$76.00

0.5

380.00

$190.00

0.1

380.00

$38.00

STUDY TAX MATERIALS FROM A. GRESSETT,
CONSIDER IMPACT ON SETTLEMENT
NUMBERS
01-31-2014 L. SIMONINI CONFERENCE WITH ATTORNEYS BLAIR AND
COOK REGARDING STRATEGY FOR
RESPONDING TO MOTION FOR SUMMARY
JUDGMENT AND POTENTIAL MEDIATION

0.3

380.00

$114.00

0.7

170.00

$119.00 Internal Conference

01-31-2014

J. BLAIR

PLAN LITIGATION AND OPPOSITION TO
CAP'S MOTION FOR SUMMARY JUDGMENT

1.2

380.00

$456.00 Duplicative of 1/29/14
entry

01-31-2014

T. COOK

0.7

380.00

$266.00

01-31-2014

T. COOK

0.4

380.00

$152.00

01-31-2014

T. COOK

ANALYZE ISSUES RAISED IN DEFENDANT
MOTION FOR SUMMARY JUDGMENT AND
SET UP PLAN FOR CHALLENGING SAME
BEGIN EVALUATION OF CASE VALUATION
AND CONTINUED EFFORTS TO HELP CLIENT
APPRECIATE RISKS
SEND EMAIL TO DEFENDANT COUNSEL
REGARDING MEDIATION

0.1

380.00

$38.00

Gressett Reply

01-28-2014

01-29-2014

01-29-2014
01-29-2014

01-30-2014
01-30-2014
01-30-2014

ASSESS CLIENT'S CURRENT ASSESSMENT OF
CASE POSTURE AND VALUATION FOR
SETTLEMENT TALKS; UPDATE PLAN OF
ACTION FOR MEDIATION
T. COOK
EVALUATE STATUS OF DISPOSITIVE MOTION
PRACTICE REGARDING LIABILITY,
DEFENDANT'S DEFENSES, STRENGTH OF
OUR MOTION FOR SUMMARY JUDGMENT;
UPDATE PLAN OF ACTION GOING FORWARD
L. SIMONINI STUDY DISCOVERY MATERIALS TO
IDENTIFY RECORDS TO COURT CAP'S
STATEMENT OF FACTS NUMBERED 1-22
J. BLAIR
EMAIL COMMUNICATIONS WITH A.
GRESSETT [Privileged Communication]
J. BLAIR
IDENTIFY ISSUES TO BE ADDRESSED IN
RESPONSE TO CAP'S MOTION FOR SUMMARY
JUDGMENT
J. BLAIR
TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
J. BLAIR
MEMO TO FILE REGARDING CASE VALUE
J. BLAIR

Attorney Blair's .4 time entry, to
identify the CAP statement of facts
that are not used in its dispositive
motion is not vague.
Attorney Cook's .6 time entry to
value the case from her perspective
is not vague. First entry (.3);
second entry (.3).
First entry (.4); second entry (.4).

Paralegal Simonini's .7 time entry
is not an internal conference; the
attorneys that met with Ms.
Simonini did not bill for this
discussion.
Attorney Blair's 1.2 time entry to
plan the litigation going forward
and Ms. Gressett's opposition to
CAP's dispositive motion is not
duplicative of any other entry.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

01-31-2014

Description

T. COOK

Hours

Rate

Amount

CAP Objections

SEND EMAIL TO DEFENDANT COUNSEL
REGARDING WITHDRAWAL OF FACTS
HAVING NOTHING TO DO WITH ISSUES IN
MOTION FOR SUMMARY JUDGMENT
02-03-2014 L. SIMONINI STUDY E-MAIL FROM ATTORNEY
KREIGSFELD REGARDING CAP'S STATEMENT
OF FACTS
02-03-2014 L. SIMONINI STUDY E-MAIL FROM ATTORNEY
KREIGSFELD REGARDING MEDIATION
02-03-2014 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S
STATEMENT OF FACTS AND WHETHER
MOTION TO STRIKE SHOULD BE FILED

0.1

380.00

170.00

$17.00

0.1

170.00

$17.00

0.4

170.00

$68.00 Vague

02-03-2014

T. COOK

SEND EMAIL TO DEFENDANT REGARDING
MEDIATION

0.1

380.00

$38.00 Excessive billing for
2/3/14 email exchange

02-03-2014

J. BLAIR

CONFIRM EMAILS TO CAP'S ATTORNEYS
REGARDING MEDIATION, MOTION TO
STRIKE

0.2

380.00

$76.00 Vague

02-04-2014 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S
REFUSAL TO STRIKE NON-CITED
STATEMENTS OF FACTS

0.3

170.00

$51.00 Vague

02-04-2014 L. SIMONINI RESEARCH TO IDENTIFY INFORMATION
REGARDING CAP'S PROPOSED MEDIATOR
02-04-2014
J. BLAIR
STUDY EMAIL EXCHANGE REGARDING
MEDIATORS

0.4

170.00

$68.00

0.2

380.00

$76.00 Excessive

02-04-2014

0.6

380.00

0.4

170.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$38.00

0.1

Gressett Reply

J. BLAIR

EVALUATE AMY LIEBERMAN AS MEDIATOR,
STUDY WEBSITE, DISCUSS WITH ATTORNEY
COOK, REVIEW WITH T. MCKAY

02-05-2014 L. SIMONINI CONTINUE PREPARING RESPONSE TO CAP'S
STATEMENT OF FACTS

$182.40 Internal Conference,
Block billing

$68.00

Paralegal Simonini's .4 time entry
to determine which of CAP's
statement of facts were in fact used
in its motion is not vague.
Attorney Cook's .1 time entry to
send an email to CAP's counsel
concerning a mediation is not
excessive billing.
Attorney Blair's .2 time entry to
review and assess the exchange of
emails concerning possible
mediation and a motion to strike is
not vague.
Paralegal Simonini's .3 time entry
reflects her new assignments after
CAP refused to strike the fact
statements not used in its motion is
not vague.

Attorney Blair's .2 time entry to
review the email exchange
regarding potential mediators is not
excessive.
Attorney Blair's .6 time entry to
Block billing; reduced
consider Amy Lieberman as a
by 20%.
mediator and discuss the possible
mediator internally is not an
internal conference. No one else
billed for this time. First entry (.2);
second entry (.1); third entry (.3).

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

02-06-2014 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S
INSISTENCE ON KEEPING 111 STATEMENTS
OF FACT NOT CITED IN ITS MOTION FOR
SUMMARY JUDGMENT

0.5

170.00

$85.00 Vague

Paralegal Simonini's .5 time entry
reflects her assignment to review
the statements of fact not cited in
CAP's motion and analyze which,
if any, have anything to do with the
motion. This reference is not vague.

02-06-2014

J. BLAIR

STUDY EMAIL FROM CAP REGARDING
EXTRANEOUS FACT STATEMENTS

0.2

380.00

$76.00 Excessive

Attorney Blair's .2 time entry to
review CAP's refusal to pull its
extraneous facts is not excessive.

02-06-2014

J. BLAIR

0.6

380.00

02-07-2014

J. BLAIR

STUDY FEDERAL RULES, ANALYZE BASIS
FOR STRIKING EXTRANEOUS FACT
ALLEGATIONS
REVIEW HOW TO ADDRESS EXCESSIVE
"FACTS"

0.2

380.00

02-10-2014

J. BLAIR

ANALYZE ISSUES TO BE ADDRESSED IN
MOTION FOR SUMMARY JUDGMENT
OPPOSITION BRIEF, EMAIL REGARDING
SAME
02-10-2014
J. BLAIR
ANALYZE WHETHER MOTION TO STRIKE IS
APPROPRIATE
02-11-2014 L. SIMONINI CONFER WITH ATTORNEY BLAIR
REGARDING CAP'S 111 STATEMENTS NOT
CITED IN ITS MOTION FOR SUMMARY
JUDGMENT

1.1

380.00

$418.00

0.8

380.00

$304.00

0.4

170.00

$68.00 Internal Conference

02-11-2014 L. SIMONINI IDENTIFY AND PREPARE CORRESPONDENCE
TO BE ATTACHED TO MOTION TO STRIKE
02-11-2014
J. BLAIR
ANALYZE MOTION TO STRIKE ISSUES,
DRAFT SAME
02-11-2014
J. BLAIR
MAKE REVISIONS TO MOTION TO STRIKE

0.4

170.00

$68.00

1.7

380.00

$646.00

0.3

380.00

$114.00

02-12-2014 L. SIMONINI STUDY DRAFT MOTION TO STRIKE AND
CONFIRM STATEMENTS CITED IN SAME ARE
NOT REFERENCED IN CAP'S MOTION FOR
SUMMARY JUDGMENT
02-12-2014
T. COOK
EDIT MOTION TO STRIKE

0.9

170.00

$153.00

0.8

380.00

$304.00

02-12-2014

0.3

380.00

$114.00

2.7

170.00

$459.00

J. BLAIR

MAKE REVISIONS TO DRAFT MOTION TO
STRIKE
02-13-2014 L. SIMONINI BEGIN STUDY OF RECORDS ATTACHED TO
CAP'S STATEMENT OF FACTS TO VERIFY
THAT CITED RECORDS DO IN FACT SUPPORT
STATEMENTS

$228.00

$76.00 Duplicative from above

Attorney Blair's .2 time entry to
address how to bring the issue of
excessive facts to the court's
attention is not duplicative of the
prior time entries.

Paralegal Simonini's .4 time entry
to discuss the extraneous facts not
cited by CAP is not an internal
conference; no one else billed for
this discussion.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

02-13-2014

J. BLAIR

02-18-2014

J. BLAIR

PLAN FURTHER ADDITIONS TO MOTION TO
STRIKE
REVISE AND FINALIZE AND FILE MOTION TO
STRIKE 111 EXTRANEOUS FACTS

Hours

Rate

Amount

CAP Objections

0.2

380.00

0.6

380.00

02-19-2014 L. SIMONINI DETERMINE WHETHER COURT HAS
ORDERED MEDIATION

0.4

170.00

$68.00 Excessive

02-19-2014 L. SIMONINI ADDRESS ISSUES REGARDING RESPONSE TO
MOTION FOR SUMMARY JUDGMENT

0.5

170.00

$85.00 Vague

02-19-2014

T. COOK

0.1

380.00

$38.00

02-19-2014

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excessive

02-19-2014

J. BLAIR

0.2

380.00

$76.00

02-20-2014

J. BLAIR

0.2

380.00

$76.00

02-24-2014

T. COOK

ADVISE A. GRESSETT [Privileged
Communication]
STUDY EMAIL FROM A. GRESSETT [Privileged
Communication]
PRELIMINARY READ OF MOTION FOR
SUMMARY JUDGMENT FILED BY
DEFENDANT

1.0

380.00

02-24-2014

J. BLAIR

PLAN RESPONSE TO CAP'S MOTION FOR
SUMMARY JUDGMENT

0.8

380.00

02-24-2014

T. COOK

STUDY CASE LAW CITED BY DEFENDANT IN
MOTION FOR SUMMARY JUDGMENT

3.4

380.00

Gressett Reply

$76.00
$228.00 Clerical in part

$380.00 Duplicative of 1/28/14,
1/29/14, 1/31/14, 2/6/14,
2/10/14, 2/11/14,
2/12/14, and 2/19/14
entries

Attorney Blair's .6 time entry to
revise and finalize Plaintiff
Gressett's motion to strike the
extraneous facts is not clerical in
part. Attorney Blair did not "file"
the motion to strike.
Paralegal Simonini's .4 time entry
reflects her assignment to
determine whether or not the court
had ordered mediation, which is
not excessive for this task.
Paralegal Simonini's .5 time entry
to set up the response process to
oppose CAP's dispositive motion is
not vague.

Attorney Cook's .1 time entry to
email Plaintiff Gressett is not
excessive.

Attorney Cook's initial review of
CAP's dispositive motion is not
duplicative of other time entries,
many of which took place well
before the dispositive motion was
filed. At any rate, this was her
preliminary read of the motion.
$304.00 Duplicative of 1/28/14,
Attorney Blair's .8 time entry
1/29/14, 1/31/14, 2/6/14, documents his overview of the
2/10/14, 2/11/14,
response necessary to oppose
2/12/14, and 2/19/14
CAP's dispositive motion. It is not
entries
duplicative of any earlier time
entry, particularly those that
predate the filing of CAP's motion.
$1,292.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

02-24-2014

T. COOK

Description

CONFER WITH ATTORNEY BLAIR
REGARDING DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT, STRATEGY FOR
FILING, STRATEGY FOR RESPONDING

Hours

Rate

Amount

CAP Objections

Gressett Reply

1.0

380.00

$380.00 Internal Conference

02-25-2014 L. SIMONINI CONTINUE PREPARING RESPONSE TO CAP'S
COUNTER STATEMENT OF FACTS
02-25-2014
T. COOK
WORK ON OUTLINE FOR RESPONSE TO
MOTION FOR SUMMARY JUDGMENT
02-25-2014
T. COOK
BEGIN STUDY OF VOLUMINOUS STATEMENT
OF FACTS AND ATTACHMENTS
02-26-2014 L. SIMONINI ADDITIONAL STUDY OF DELGADO
DEPOSITION TO IDENTIFY TESTIMONY TO
SUPPORT COUNTER STATEMENT OF FACTS
02-26-2014 L. SIMONINI CONTINUE DRAFTING RESPONSE TO
COUNTER STATEMENT OF FACTS
02-26-2014
K. MYER
BRIEF BANK RESEARCH ON APPLICABLE
REGULATIONS TO FAMILY MEDICAL LEAVE
ACT CASE ARISING IN 2010

3.9

170.00

$663.00

1.0

380.00

$380.00

1.0

380.00

$380.00

1.7

170.00

$289.00

1.6

170.00

$272.00

2.2

360.00

$792.00 Background research,
vague

Attorney Myer's research of
FMLA regs that are relevant to the
pending CAP dispositive motion is
not background research nor is it
vague. Attorney Myer was added to
the Gressett team specifically for
the CAP dispositive motion.

02-26-2014

3.9

380.00

$1,482.00 Excessive - see 2/24/14
entry

Attorney Cook's 3.9 time entry to
study the case law cited by CAP in
its dispositive motion is not
excessive. It was the time necessary
to review the cases cited by CAP.

0.2

170.00

$34.00

0.1

170.00

$17.00

0.2

170.00

$34.00

2.7

170.00

T. COOK

STUDY ADDITIONAL CASE LAW CITED IN
DEFENDANT MOTION FOR SUMMARY
JUDGMENT

02-27-2014 L. SIMONINI DRAFT STIPULATION TO EXTEND MOTION
FOR SUMMARY JUDGMENT RESPONSE
DEADLINE
02-27-2014 L. SIMONINI DRAFT ORDER GRANTING STIPULATION TO
EXTEND DEADLINE
02-27-2014 L. SIMONINI TELEPHONE CALL JUDGE'S JUDICIAL
ASSISTANT REGARDING STIPULATION TO
EXTEND RESPONSE DEADLINE
02-27-2014 L. SIMONINI PREPARE DEPOSITION TRANSCRIPTS AND
EXHIBITS FOR ATTORNEY USE IN DRAFTING
RESPONSE TO MOTION FOR SUMMARY
JUDGMENT

$459.00 Excessive, vague

Attorney Cook's 1.0 time entry to
discuss CAP's dispositive motion
with Attorney Blair is not an
internal conference; Attorney Blair
did not bill for this discussion.

Paralegal Simonini's 2.7 time entry
to pull deposition materials and
exhibits for the dispositive motion
response is neither excessive nor
vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

02-27-2014

T. COOK

COMPLETE STUDY OF CASE LAW CITED IN
DEFENDANT'S MOTION FOR SUMMARY
JUDGMENT AND NOTATE CASE LAW TO
FOLLOW-UP ON

2.2

380.00

02-27-2014

T. COOK

DETAILED STUDY OF STATUTE AND
REGULATIONS TO IDENTIFY AREAS
REFERENCED BY DEFENDANT IN MOTION
FOR SUMMARY JUDGMENT, FAILURE TO
COMPLY BY DEFENDANT

4.2

380.00

02-27-2014

T. COOK

1.6

380.00

$608.00

02-27-2014

T. COOK

FOLLOW-UP RESEARCH ON FMLA AND
WAYS TO DEFEND AGAINST DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT
REGARDING INTERFERENCE AND
RETALIATION
BEGIN OUTLINE OF RESPONSE TO MOTION
FOR SUMMARY JUDGMENT

2.0

380.00

$760.00 Duplicative of entry on
2/25/14

02-27-2014

J. BLAIR

CONFIRM STIPULATION TO EXTEND
DEADLINE BY ONE WEEK

0.2

380.00

$76.00 Vague, internal
conference, excessive

02-27-2014

J. BLAIR

0.2

380.00

$76.00

02-27-2014

T. COOK

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
STUDY MULTIPLE EMAILS FROM CLIENT
[Privileged Communication]

0.3

380.00

$114.00 Duplicative of above

02-28-2014 L. SIMONINI ADDRESS ISSUES REGARDING RESPONSE TO
MOTION FOR SUMMARY JUDGMENT

1.2

170.00

$204.00 Vague

02-28-2014 L. SIMONINI PREPARE GRESSETT DEPOSITION EXHIBITS
FOR USE IN PREPARING RESPONSE TO
MOTION FOR SUMMARY JUDGMENT

0.7

170.00

$119.00 Excessive, vague

$836.00 Excessive - see 2/24/14
and 2/26/14 entries

$1,596.00 Vague, excessive - see
2/24/14 and 2/26/14
entries

Gressett Reply

Attorney Cook's 2.2 time entry to
complete the case law review (see
above) is not excessive. It was the
time necessary to review the cases
cited.
Attorney Cook's 4.2 time entry to
study the impact of relevant
statutes and regulations on CAP's
dispositive motion is neither vague
nor excessive. It was separate
review necessitated by CAP's
motion.

Attorney Cook's 2.0 time entry to
outline a response to CAP's motion
is not duplicative of any other time
entry.
Attorney Blair's .2 time entry to
confirm the response deadline was
pushed back one week is neither
vague, an internal conference or
excessive. No one else billed for
this time.

Attorney Cook's .3 time entry to
study multiple emails from Plaintiff
Gressett is not duplicative. These
are separate emails between
Attorney Cook and Plaintiff
Gressett.
Paralegal Simonini's 1.2 time entry
to assist the attorneys in the
response to CAP's dispositive
motion is not vague.
Paralegal Simonini's .7 time entry
to pull Gressett deposition exhibits
for use in her response to CAP's
dispositive motion is neither
excessive nor vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

02-28-2014 L. SIMONINI TELEPHONE CALL COURT REGARDING
STIPULATION TO EXTEND DEADLINE FOR
MOTION FOR SUMMARY JUDGMENT
RESPONSE

0.2

170.00

02-28-2014 L. SIMONINI STUDY PORTIONS OF GRESSETT DEPOSITION
TO BE CITED IN COUNTER STATEMENT OF
FACTS
02-28-2014
J. BLAIR
PLAN OPPOSITION TO CAP'S MSJ

1.2

170.00

$204.00

0.8

380.00

$304.00 Duplicative of J. Blair
2/24/14 entry

02-28-2014

0.5

380.00

$190.00 Background research

03-03-2014 L. SIMONINI STUDY DISCLOSURE RECORDS TO IDENTIFY
DOCUMENTS TO SUPPORT COUNTER
STATEMENT OF FACTS
03-03-2014
T. COOK
STUDY COURT ORDER GRANTING
EXTENSION OF TIME TO RESPOND TO
MOTION FOR SUMMARY JUDGMENT
03-04-2014
T. COOK
WORK ON FACTUAL BACKGROUND FOR
BOTH RESPONSE AND STATEMENT OF
FACTS
03-04-2014
J. BLAIR
ADDRESS CAP POLICIES AS THEY IMPACT
RESPONSE TO MOTION FOR SUMMARY
JUDGMENT

2.4

170.00

$408.00

0.1

380.00

$38.00

7.0

380.00

$2,660.00

0.3

380.00

$114.00 Vague

03-05-2014 L. SIMONINI STUDY DEPOSITION OF D. SIGMON TO
IDENTIFY RECORD SUPPORT FOR COUNTER
STATEMENT OF FACTS
03-05-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF
CLIENT TO IDENTIFY RECORD SUPPORT FOR
COUNTER STATEMENT OF FACTS

1.1

170.00

$187.00

2.3

170.00

$391.00

Gressett Reply

J. BLAIR

STUDY PRIMER ON INTERMITTENT FMLA

$34.00 Duplicative of L.
Simonini 2/27/14 entry

Paralegal Simonini's .2 time entry
to phone the court regarding the
stipulation to extend deadlines is
not duplicative of the prior time
entry. That was a separate phone
conversation the prior date.

Attorney Blair's .8 time entry
reflects his review of the progress
toward a response filing as of that
date. It is not duplicative of his
earlier review of the requirements
in a response brief.
Attorney Blair's .5 time entry
reflects his analysis whether
intermittent FMLA would be
treated differently in this case than
a standard FMLA case. It is not
background research.

Attorney Blair's .3 time entry to
review CAP's internal policies as
they impact its pending motion is
not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-05-2014 L. SIMONINI STUDY CAP DISCLOSURE DOCUMENTS TO
IDENTIFY VERSION OF SUSPENSION
CORRECTIVE ACTION LACKING FMLA
LANGUAGE

1.2

170.00

03-05-2014 L. SIMONINI PREPARE EEXPERT MCRAE MATERIALS TO
BE INCORPORATED INTO SEPARATE
STATEMENT OF FACTS
03-05-2014
T. COOK
WORK ON FACTUAL BACKGROUND FOR
RESPONSE TO MSJ
03-05-2014
T. COOK
WORK ON LEGAL ARGUMENT FOR
RESPONSE TO MOTION FOR SUMMARY
JUDGMENT
03-05-2014
J. BLAIR
REVIEW AND MAKE MINOR REVISIONS TO
DRAFT OPPOSITION FACTS
03-06-2014 L. SIMONINI CONTINUE DRAFTING COUNTER
STATEMENT OF FACTS
03-06-2014 L. SIMONINI STUDY DEPOSITION OF CLIENT TO IDENTIFY
SUPPORT TO COUNTER STATEMENT OF
FACTS

0.4

170.00

$68.00

4.2

380.00

$1,596.00

7.8

380.00

$2,964.00

1.1

380.00

$418.00

3.9

170.00

$663.00

1.7

170.00

$289.00 Duplicative of L.
Simonini 3/5/14 entry

03-06-2014 L. SIMONINI STUDY DEPOSITION OF T. DELGADO TO
IDENTIFY SUPPORT TO COUNTER
STATEMENT OF FACTS
03-06-2014 L. SIMONINI STUDY DEPOSITION OF M. COOK TO
IDENTIFY SUPPORT TO COUNTER
STATEMENT OF FACTS
03-06-2014 L. SIMONINI STUDY CAP'S DISCLOSURE DOCUMENTS TO
IDENTIFY RECORDS SUPPORTING COUNTER
STATEMENT OF FACTS AND SEPARATE
STATEMENT OF FACTS

1.3

170.00

$221.00

1.6

170.00

$272.00

0.8

170.00

$136.00 Duplicative of L.
Simonini 3/3/14 entry

12.0

380.00

Gressett Reply

03-06-2014

T. COOK

WORK ON RESPONSE TO MOTION FOR
SUMMARY JUDGMENT

$204.00 Excessive, vague

Paralegal Simonini's 1.2 time entry
reflects her assignment to locate the
Gressett corrective action that had
been modified by CAP and
document that modification. The
assignment is neither excessive nor
vague.

Paralegal Simonini's 1.7 time entry
to review Plaintiff Gressett's
deposition to locate counterstatement facts is not duplicative of
her initial work on that assignment
the day before, it is a continuation
of that work.

Paralegal Simonini's .8 time entry
to pull disclosure materials for the
counter-statement of facts is not
duplicative of her earlier work. It is
a continuation of that work.
$4,560.00 Excessive - see T. Cook Attorney Cook's 12.0 time entry to
3/4/14, 3/5/14 entries (19 work on the response brief is not
hours)
excessive. It was a solid block of
time to ensure the response
materials were efficiently
presented. Further, CAP's motion
was defeated.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-06-2014

J. BLAIR

Description

STUDY STATEMENT OF FACTS FOR
RESPONSE BRIEF

Hours

Rate

Amount

CAP Objections

Gressett Reply

0.4

380.00

$152.00 Duplicative of T. Cook
2/25/14 entry

Attorney Blair's .4 time entry to
review the statement of facts
alongside Plaintiff Gressett's draft
response is not duplicative of
Attorney Cook's efforts. It is
supportive of those efforts.

03-07-2014 L. SIMONINI STUDY LUDKE DEPOSITION FOR TESTIMONY
SUPPORTING COUNTER STATEMENT OF
FACTS
03-07-2014 L. SIMONINI STUDY RUZICH DEPOSITION FOR
ADDITIONAL TESTIMONY SUPPORTING
COUNTER STATEMENT OF FACTS
03-07-2014 L. SIMONINI CONTINUE STUDY OF DISCLOSURE AND
DISCOVERY RECORDS TO SUPPORT
SEPARATE STATEMENT OF FACTS

1.2

170.00

$204.00

1.1

170.00

$187.00

4.7

170.00

03-07-2014 L. SIMONINI CONTINUE DRAFTING COUNTER
STATEMENT OF FACTS
03-07-2014 L. SIMONINI TELEPHONE CALL CLIENT [Privileged
Communication]
03-07-2014 L. SIMONINI DRAFT AFFIDAVIT OF CLIENT SUPPORTING
SEPARATE STATEMENT OF FACTS
03-07-2014 L. SIMONINI STUDY DRAFT RESPONSE TO VERIFY
ACCURACY OF RECORD CITES
03-07-2014
K. MYER
STUDY STATEMENT OF FACTS TO ASSIST IN
ALIGNING FACTS AND EXHIBITS TO
FINALIZE RESPONSE TO MOTION FOR
SUMMARY JUDGMENT

2.7

170.00

$799.00 Excessive, duplicative of Paralegal Simonini's 4.7 time entry
L. Simonini 3/6/14 entry to locate additional support for
Plaintiff Gressett's separate
statement of facts is not excessive,
or duplicative, but a continuation
of that assignment.
$459.00

0.2

170.00

$34.00

0.3

170.00

$51.00

1.1

170.00

$187.00

3.4

360.00

03-07-2014

K. MYER

SUPPLEMENT RESPONSE TO MOTION FOR
SUMMARY JUDGMENT WITH REFERENCE TO
FACTS AND NEW ORGANIZATIONAL
SECTION

7.2

360.00

03-07-2014

J. BLAIR

REVIEW AND MAKE SUGGESTED REVISIONS
TO DRAFT OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT

1.7

380.00

$1,224.00 Duplicative of J. Blair
Attorney Myer's 3.4 time entry
3/6/14 entry and T. Cook reflects his efforts to modify, then
2/25/14 entry
finalize, Plaintiff Gressett's
response to CAP's dispositive
motion. It is not duplicative of any
of the prior efforts, but a polishing
of those efforts.
$2,592.00 Excessive, duplicative of Attorney Myer's 7.2 time entry to
above, block billing
assist in supplementing and
finalizing Plaintiff Gressett's
response is neither excessive nor
duplicative. It is also not block
billing in that the entire effort was
to supplement.
$646.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

03-07-2014

T. COOK

WORK TO COMPLETE STATEMENT OF
FACTS, CONTROVERTING STATEMENT OF
FACTS, SELECTION OF EXHIBITS, RESPONSE
TO MOTION FOR SUMMARY JUDGMENT
FROM DEFENDANT

03-11-2014

J. BLAIR

Hours

Rate

Amount

CAP Objections

14.0

380.00

STUDY CAP'S OPPOSITION TO GRESSETT'S
MOTION FOR SUMMARY JUDGMENT
03-11-2014
J. BLAIR
STUDY CAP'S OPPOSITION TO MOTION TO
STRIKE AND CASE CITED THEREIN
03-12-2014 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING STATUS OF CASE
03-12-2014 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING STATUS OF CASE

0.7

380.00

$266.00

0.4

380.00

$152.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

03-14-2014 L. SIMONINI DRAFT E-MAIL TO A. GRESSETT [Privileged
Communication]
03-14-2014
J. BLAIR
STUDY CAP'S OPPOSITION TO MOTION TO
STRIKE, DRAFT REPLY TO SAME

0.1

170.00

$17.00

1.8

380.00

$684.00 Duplicative of J. Blair
3/11/14 entry, block
billing

03-14-2014

J. BLAIR

1.2

380.00

$456.00 Excessive, background
research

03-17-2014

J. BLAIR

REVIEW, REVISE AND FINALIZE REPLY
BRIEF SUPPORTING MOTION TO STRIKE
03-19-2014 L. SIMONINI STUDY E-MAIL FROM A. GRESSETT
[Privileged Communication]
03-19-2014 L. SIMONINI DRAFT E-MAIL TO A. GRESSETT [Privileged
Communication]

1.4

380.00

$532.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

03-19-2014 L. SIMONINI STUDY CAP OBJECTIONS TO OUR
STATEMENTS OF FACT TO IDENTIFY THOSE
WHICH ARE TO BE CHALLENGED AND
IDENTIFY DOCUMENT SUPPORT FOR SAME

3.3

170.00

RESEARCH ARIZONA LOCAL RULE FOR
SUMMARY JUDGMENT FILINGS

$5,320.00 Block billing, excessive,
duplicative of K. Myer
3/7/14 entry

Gressett Reply

$561.00

Attorney Cook's 14.0 time entry to
finalize response brief for filing is
not block billing, not excessive,
and not duplicative. As lead
attorney for the response filing,
Attorney Cook was responsible to
finalize before filing; Plaintiff
successfully defeated CAP's
motion.

Paralegal Simonini's .1 time entry
to send an email to Expert McRae
is not excessive billing.

Attorney Blair's 1.8 time entry is a
continuation of Attorney Blair's
review of CAP's opposition to
motion to strike, and a beginning of
the draft reply. It is not duplicative
of any earlier entry. First entry (.9);
second entry (.9).
Attorney Blair's 1.2 time entry to
confirm consistency with Arizona
Federal Court's Local Rule 56 is
neither excessive nor background
research. It was the firm's check
that CAP's filing followed the local
rules as did Plaintiff Gressett's
filing.

Paralegal Simonini's .1 time entry
to prepare an email for Plaintiff
Gressett is not excessive billing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-19-2014

J. BLAIR

Description

STUDY CAP'S OPPOSITION BRIEF,
SUPPORTING FACTS RELATING THE
DEPARTMENT OF LABOR LETTER AND
DISCUSS REPLY ISSUES WITH K. MYER AND
L. SIMONINI

Hours

Rate

Amount

CAP Objections

1.1

380.00

$334.40 Internal Conference,
Block Billing

03-24-2014 L. SIMONINI STUDY CAP COUNTER STATEMENT OF
FACTS TO IDENTIFY ITEMS TO BE
CHALLENGED IN REPLY BRIEF
03-24-2014
J. BLAIR
STUDY CAP'S ARGUMENTS IN PREPARATION
FOR REPLY BRIEF, PULL CASES CITED
03-25-2014 L. SIMONINI STUDY DEPARTMENT OF LABOR
MATERIALS TO IDENTIFY RECORDS
SUPPORTING LEAVE TIME TAKEN CHART
AND FURTHER DOCUMENTATION
REGARDING GROUSE'S WORK PRODUCT

2.7

170.00

$459.00

1.6

380.00

$608.00

2.0

170.00

$340.00 Duplicative of 11/11/13
entry

03-25-2014 L. SIMONINI STUDY ATTORNEY OUTLINE FOR REPLY
BRIEF AND IDENTIFY FACTUAL SUPPORT
FOR SAME
03-25-2014
J. BLAIR
PLAN REPLY BRIEF, DRAFT OUTLINE OF
SAME
03-25-2014
J. BLAIR
REVIEW CAP'S SEPARATE STATEMENT OF
FACTS, COUNTERSTATEMENT TO OUR
FACTS
03-26-2014 L. SIMONINI ADDRESS ISSUES REGARDING CAP
COUNTER STATEMENT THAT GRESSETT
RESPONSIBLE FOR TRACKING FMLA LEAVE

2.8

170.00

$476.00

1.1

380.00

$418.00

0.5

380.00

$190.00

2.3

170.00

$391.00 Excessive, vague

03-26-2014 L. SIMONINI STUDY COUNTER STATEMENT OF FACTS TO
IDENTIFY SUPPORTIVE TESTIMONY FOR
REPLY BRIEF
03-26-2014
J. BLAIR
DRAFT REPLY BRIEF

3.7

170.00

$629.00

3.5

380.00

$1,330.00

03-26-2014

1.1

380.00

$418.00

Gressett Reply

J. BLAIR

REVIEW CASE LAW CITED BY CAP

Attorney Blair's 1.1 time entry to
study CAP's opposition brief to
Plaintiff Gressett's dispositive
motion as well as those supporting
facts, followed by a discussion
with attorney Myer and Paralegal
Simonini, is not an internal
conference. First entry (.8); second
entry (.3). No other RCDM
attorney or paralegal billed for this
discussion.

Paralegal Simonini's 2.0 time entry
is an assignment she received as a
consequence of the position taken
by CAP in its opposition to
Plaintiff Gressett's motion for
summary judgment. It is not
duplicative of an assignment
Paralegal Simonini received in
November 2013.

Paralegal Simonini's 2.3 time entry
reflects her assignment to find
evidence that CAP was wrong to
suggest Gressett was responsible
for tracking her own FMLA leave.
The time was not excessive and the
description was not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Block billing; reduced
by 20%.

Date

Attorney

03-26-2014

J. BLAIR

03-26-2014

Description

J. BLAIR

Rate

Amount

CAP Objections

0.3

380.00

$114.00 Excessive, clerical

STUDY CAP'S FILINGS AND SUPPORTING
STATEMENT OF FACTS, INCORPORATE SAME
INTO REPLY ARGUMENTS
03-27-2014 L. SIMONINI STUDY DRAFT REPLY BRIEF AND CONFIRM
ACCURACY OF CASE LAW AND FACT CITES
03-27-2014 L. SIMONINI CONTINUED STUDY OF COUNTER
STATEMENT OF FACTS TO IDENTIFY
SUPPORTIVE TESTIMONY FOR REPLY BRIEF

0.8

380.00

2.3

170.00

$391.00

2.2

170.00

$374.00 Excessive - see L.
Simonini 3/26/14 entry

03-27-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF M.
COOK TO IDENTIFY TESTIMONY REGARDING
CLIENT PERFORMANCE
03-27-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF T.
DELGADO TO IDENTIFY TESTIMONY
REGARDING CLIENT PERFORMANCE
03-27-2014
T. COOK
STUDY, EDIT AND APPROVE REPLY TO
MOTION FOR SUMMARY JUDGMENT
03-27-2014
J. BLAIR
REVIEW AND REVISE AND FINALIZE REPLY
FILING AND SUPPORTING ADDITIONAL
EVIDENCE, INCLUDING INTERACTION WITH
LITIGATION TEAM REGARDING SAME

1.2

170.00

$204.00

0.9

170.00

$153.00

0.3

380.00

$114.00

2.4

380.00

$912.00 Internal Conference,
Block Billing

04-04-2014

CONFIRM NATURE OF A. GRESSETT'S
EMPLOYMENT AS SAFETY SPECIALIST

0.2

380.00

$76.00 Vague

04-10-2014 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
05-12-2014
J. BLAIR
CONFIRM DISCOVERY UPDATE FOR A.
GRESSETT
06-17-2014
J. BLAIR
EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]

0.1

170.00

$17.00

0.2

380.00

$76.00

0.3

380.00

$114.00

Gressett Reply

$304.00

J. BLAIR

ASSIGNMENTS TO PARLEGAL SIMONINI TO
SUPPORT REPLY FILING

Hours

Attorney Blair's .3 time entry, to
seek Paralegal Simonini's support
for the reply filing in support of
Plaintiff Gressett's dispositive
motion is not excessive nor clerical.
It is efficient to assign to paralegals
work that lawyers need not be
responsible for.

Paralegal Simonini's 2.2 time entry
reflects her assignment to locate
"facts" in Plaintiff Gressett's
counter-statement that support
Plaintiff Gressett's reply brief. The
assignment is not excessive, but a
continuation of her responsibilities.

Attorney Blair's 2.4 time entry to
revise and finalize the reply filing
and discuss same with the Gressett
litigation team is not an internal
conference; no one else billed for
this time. First entry (2.1); second
entry (.3).
Attorney Blair's .2 time entry to
understand Plaintiff Gressett's
responsibilities at CAP is not
vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

08-18-2014 L. SIMONINI STUDY SCHEDULING ORDER TO IDENTIFY
PRETRIAL DATES TRIGGERED BY COURT'S
RULING ON PENDING MOTIONS FOR
SUMMARY JUDGMENT
08-18-2014
J. BLAIR
STUDY JUDGE TEILBORG'S RULING
REGARDING MOTIONS FOR SUMMARY
JUDGMENT, MAKE NOTES REGARDING
PRETRIAL SCHEDULE

Hours

Rate

Amount

CAP Objections

0.7

170.00

$119.00 Excessive

1.4

380.00

$532.00 Excessive

STUDY COURT ORDER SETTING FINAL
PRETRIAL CONFERENCE
SEND EMAIL TO CLIENT [Privileged
Communication]
SEND STATUS TO CLIENT [Privileged
Communication]

0.2

380.00
380.00

$38.00

0.1

380.00

$38.00 Duplicative

SEND EMAIL TO DEFENDANT REGARDING
MOTIONS, MEDIATION
STUDY AND OUTLINE COURT ORDER ON
MOTIONS FOR SUMMARY JUDGMENT FOR
EFFECT ON THEME FOR TRIAL, MOTIONS IN
LIMINE, PLANNING STRATEGIES FOR TRIAL
AND WITNESSES
EMAIL EXCHANGE REGARDING EARLY
MEDIATION

0.1

380.00

$38.00

1.0

380.00

0.2

380.00

$76.00 Vague

08-20-2014 L. SIMONINI CONFERENCE REGARDING CASE GOING
FORWARD IN LIGHT OF COURT'S RULING ON
MOTIONS FOR SUMMARY JUDGMENT

0.5

170.00

$85.00 Internal Conference

08-20-2014 L. SIMONINI TELEPHONE CALL JUDGE TEILBORG'S
JUDICIAL ASSISTANT REGARDING FILINGS
TO BE MADE IN LIGHT OF COURT'S RULING
ON MOTION FOR SUMMARY JUDGMENT

0.2

170.00

$34.00 Excessive

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$76.00

0.1

Gressett Reply

08-18-2014

J. BLAIR

08-19-2014

T. COOK

08-19-2014

T. COOK

08-19-2014

T. COOK

08-19-2014

T. COOK

08-19-2014

J. BLAIR

$304.00 Block billing

Paralegal Simonini's .7 time entry
to determine what pretrial dates are
impacted by the pending motions is
not excessive.
Attorney Blair's 1.4 time entry to
analyze Judge Teilborg's ruling on
both motions and assess its impact
on the pretrial schedule is not
excessive.

Attorney Cook's separate status
email to Plaintiff Gressett is not
duplicative.

First entry (.8); second entry (.2).

Attorney Blair's .2 time entry
reflects a review of emails between
the parties concerning an early
mediation. It is not vague.
Paralegal Simonini's .5 time entry
reflects a discussion with the
litigation team about work going
forward in light of the court's
ruling. It is not an internal
conference because no one else on
the litigation team billed for this
time.
Paralegal Simonini's .2 time entry
documents a phone conversation
with Judge Teilborg's chambers
about additional filings in light of
the court's ruling. It is not
excessive.

Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

08-20-2014 L. SIMONINI ADDRESS ISSUES REGARDING TRIAL
READINESS FILINGS TO BE MADE IN LIGHT
OF COURT'S RULING ON MOTION FOR
SUMMARY JUDGMENT

0.6

170.00

$102.00 Vague, duplicative

08-20-2014

T. COOK

MEET AND CONFER WITH CO-COUNSEL
BLAIR REGARDING COURT RULING,
IMPLICATIONS OF COURT'S RATIONALE,
MEDIATION PLANS, TRIAL STRATEGY AND
PLANNING FOR SAME

1.9

380.00

$722.00 Internal Conference

08-20-2014

T. COOK

0.1

380.00

08-20-2014

J. BLAIR

SEND EMAIL TO CLIENT [Privileged
Communication]
ANALYZE RESULTS OF MOTIONS, PLAN FOR
MEDIATION, THEN TRIAL

1.5

380.00

08-20-2014

J. BLAIR

EMAIL EXCHANGE REGARDING MEDIATORS
FOR THIS MATTER

0.2

380.00

$76.00 Vague

08-20-2014

T. COOK

0.1

380.00

$38.00

08-21-2014

T. COOK

0.1

380.00

$38.00

08-21-2014

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]
STUDY EMAIL FROM DEFENSE COUNSEL
REGARDING MEDIATION
STUDY SECOND EMAIL FROM DEFENSE
COUNSEL REGARDING MEDIATION

0.1

380.00

$38.00 Excess billing for email
exchange

08-21-2014

T. COOK

SEND EMAIL TO DEFENSE COUNSEL
REGARDING MEDIATION

0.1

380.00

$38.00 Excess billing for email
exchange

08-21-2014

T. COOK

0.1

380.00

$38.00

08-21-2014

T. COOK

STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excess billing for email
exchange

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Paralegal Simonini's .6 time entry
reflects her responsibilities to work
on getting the case ready for trial in
light of her conversation with
Judge Teilborg's chambers. It is
neither vague nor duplicative.
Attorney Cook's 1.9 time entry to
discuss the court's ruling and the
case going forward in light of that
ruling is not an internal conference.
Attorney Blair did not bill for this
discussion.

$38.00
$456.00 Vague, block billing,
duplicative of J. Blair
8/18/14 entry

Attorney Blair's 1.5 time entry
Block billing; reduced
documents a further review of the by 20%.
rulings, the impact, if any, on a
mediation, and the impact, if any,
on trial issues. The time entries are
not vague or duplicative of earlier
analysis. First entry (.7); second
entry (.3); third entry (.5).
Attorney Blair's .2 time entry
reflects his review of the emails
between the parties concerning
mediators that could be assigned
for this case. The description is not
vague.

Attorney Cook's .1 time entry to
review an email from defense
counsel is not excessive billing.
Attorney Cook's email to defense
counsel concerning mediation is
not excessive billing.

Attorney Cook's .1 time entry for
an email to Plaintiff Gressett is not
excessive billing.

Date

Attorney

08-21-2014

T. COOK

08-21-2014

Description

T. COOK

CONFER WITH ATTORNEY BLAIR
REGARDING MEDIATION

Hours

Rate

Amount

CAP Objections

Gressett Reply

0.2

380.00

$76.00 Internal Conference

Attorney Cook's .2 time entry to
discuss mediation with Attorney
Blair is not an internal conference;
Attorney Blair did not bill for this
discussion.

SEND EMAIL TO CLIENT [Privileged
Communication]
08-21-2014
J. BLAIR
REVIEW EMAILS SCHEDULING MEDIATION
WITH A. LIEBERMAN
08-21-2014
J. BLAIR
PLAN MEDIATION AND TRIAL IN LIGHT OF
COMMUNICATIONS WITH CAP'S ATTORNEY
08-25-2014
J. BLAIR
TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
08-25-2014
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
08-26-2014 L. SIMONINI STUDY AND IDENTIFY PERTINENT EEOC
RECORDS FOR ATTORNEY USE AT
MEDIATION
09-02-2014 L. SIMONINI STUDY DEPOSITION OF C. ELDRIDGE TO
IDENTIFY TESTIMONY FOR USE AT
MEDIATION
09-05-2014 L. SIMONINI CONFER WITH ATTORNEY COOK
REGARDING UPCOMING MEDIATION

0.1

380.00

$38.00

0.2

380.00

$76.00

0.5

380.00

$190.00

0.8

380.00

$304.00

0.1

380.00

$38.00

1.6

170.00

$272.00

0.9

170.00

$153.00

0.8

170.00

$136.00 Internal Conference

Paralegal Simonini's .8 time entry
to discuss the upcoming mediation
with Attorney Cook Is not an
internal conference; Attorney Cook
did not bill for this discussion.

09-07-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF M.
RUZICH TO IDENTIFY TESTIMONY FOR USE
AT MEDIATION

1.8

170.00

$306.00 Excessive - see L.
Simonini 3/7/14 entry,
duplicative

Paralegal Simonini's 1.8 time entry
to review the Ruzich transcript for
use at mediation is not excessive or
duplicative. Her prior review of
that transcript was 6 months prior.

09-13-2014 L. SIMONINI STUDY CLIENT'S DEPOSITION TRANSCRIPT

2.4

170.00

09-14-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF C.
ELDRIDGE

1.3

170.00

$408.00 Excessive, duplicative of Paralegal Simonini's 2.4 time entry
L. Simonini 3/5/14 and to study Plaintiff Gressett's
3/6/14 entries
deposition transcript is also not
excessive nor duplicative. This was
an assignment specifically for the
upcoming mediation, and her prior
review was more than 6 months
earlier.
$221.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

09-14-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF T.
DELGADO

1.7

170.00

$289.00 Excessive, duplicative of Paralegal Simonini's 1.7 time entry
L. Simonini 3/27/14
to review the Delgado deposition is
entry, vague
likewise neither vague nor
excessive. This assignment was for
the upcoming mediation and
Paralegal Simonini's prior review
was almost 6 months earlier.

09-15-2014 L. SIMONINI BEGIN DRAFTING OUTLINE OF MEDIATION
BRIEF
09-15-2014
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
09-15-2014
T. COOK
SEND EMAIL TO DEFENSE COUNSEL
REGARDING MEDIATION
09-15-2014
T. COOK
STUDY LETTER FROM MEDIATOR

4.1

170.00

$697.00

0.1

380.00

$38.00

0.1

380.00

$38.00

0.1

380.00

$38.00

09-15-2014

0.2

380.00

$76.00

09-16-2014 L. SIMONINI ADDRESS ISSUES REGARDING MEDIATION
MEMO AND ITEMS TO BE DISCUSSED

1.6

170.00

09-16-2014

0.0

380.00

09-17-2014 L. SIMONINI STUDY E-MAIL FROM CLIENT'S EMPLOYEE
FILE TO IDENTIFY ITEMS TO BE ADDRESSED
AT MEDIATION

3.6

170.00

09-17-2014 L. SIMONINI NOTE ITEMS FROM EMPLOYEE FILE TO BE
ADDRESSED VIA MOTION IN LIMINE
09-18-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF M.
LUDKE TO IDENTIFY SUPPORT FOR
MEDIATION BRIEF
09-18-2014 L. SIMONINI PREPARE COLLECTION OF KEY DEPOSITION
TESTIMONY FOR USE AT MEDIATION

1.2

170.00

Attorney Blair's .1 time entry to
Clerical
confirm his availability for the
Monday mediation is not clerical.
$612.00 Excessive, duplicative of Paralegal Simonini's 3.6 time entry
L. Simonini 3/7/14 entry to review the emails in Plaintiff
Gressett's employment file for the
mediation is neither excessive nor
duplicative. Her prior review of
those emails was more than six
months earlier.
$204.00

1.3

170.00

$221.00

1.1

170.00

$187.00 Vague

J. BLAIR

J. BLAIR

PLAN FOR MEDIATION NEXT WEEK

SCHEDULE MEDIATION ANALYSIS FOR NEXT
MONDAY

$272.00 Excessive, vague

Paralegal Simonini's 1.6 time entry
to address how the mediator
manages her mediations is neither
excessive nor vague. She reviewed
the file alongside the mediator's
plan for mediating the case.

$0.00 Clerical

Paralegal Simonini's 1.1 time entry
to collect and organize key
deposition testimony for use at the
mediation is not vague. It enables
the attorneys to quickly explain
witness testimony.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

09-19-2014 L. SIMONINI PREPARE DRAFT OF CONFIDENTIAL
MEDIATION MEMO

3.1

170.00

09-19-2014 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS TO IDENTIFY EXHIBITS TO
SUPPORT MEDIATION MEMO
09-19-2014
T. COOK
WORK ON MEDIATION BRIEF

2.9

170.00

$527.00 Excessive, duplicative of Paralegal Simonini's 3.1 time entry
L. Simonini 9/15/14 entry to start the initial draft of the
confidential mediation memo is
neither excessive nor duplicative.
Paralegal Simonini prepared an
earlier outline and this was the
draft memo.
$493.00

0.9

380.00

$342.00

09-20-2014 L. SIMONINI STUDY PORTIONS OF M. COOK DEPOSITION
TO IDENTIFY SUPPORT FOR MEDIATION
MEMO
09-22-2014 L. SIMONINI CONFERENCE CALL WITH ATTORNEY BLAIR
AND CLIENT [Privileged Communication]
09-22-2014 L. SIMONINI ADDRESS ISSUES REGARDING MATERIALS
TO BE PRESENTED TO MEDIATOR

1.1

170.00

$187.00

1.0

170.00

$170.00

2.1

170.00

$357.00 Vague, excessive

Paralegal Simonini's 2.1 time entry
to identify materials to be attached
to the memorandum and/or made
available for the mediator is neither
vague nor excessive.

09-22-2014

1.0

380.00

$304.00 Block billing

First entry (.7); second entry (.3).

1.3

170.00

$221.00

0.7

170.00

$119.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive

0.7

380.00

3.0

380.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

J. BLAIR

09-23-2014 L. SIMONINI
09-23-2014 L. SIMONINI

09-23-2014 L. SIMONINI
09-23-2014 L. SIMONINI

09-23-2014

J. BLAIR

09-23-2014

T. COOK

REVIEW MATERIALS NEEDED FOR
MEDIATION LATER THIS WEEK, TELEPHONE
CALL WITH A. GRESSETT [Privileged
Communication]
IDENTIFY AND PREPARE MATERIALS TO
SUPPORT CONFIDENTIAL MEDIATION MEMO
STUDY CORRESPONDENCE TO IDENTIFY
HISTORY OF SETTLEMENT OFFERS MADE IN
CASE
DRAFT E-MAIL TO CLIENT [Privileged
Communication]
STUDY E-MAIL FROM CLIENT [Privileged
Communication]
DISCUSSION WITH T. COOK AND A.
GRESSETT [Privileged Communication]
STUDY DEPOSITION OF A. GRESSETT, D.
MODEER, BEGIN M. LUDKE

Paralegal Simonini's .1 time entry
to review an email from Plaintiff
Gressett is not excessive.

$266.00
$1,140.00 Excessive, vague

Attorney Cook's 3.0 time entry to
study deposition transcripts of
Gressett, Modeer, and Ludke prior
to the mediation is neither
excessive nor vague.

Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

09-24-2014 L. SIMONINI RESEARCH FEDERAL DISTRICT COURT
DOCKET TO IDENTIFY CASES FILED ON
FMLA CHARGES TO IDENTIFY THOSE THAT
WENT TO TRIAL
09-24-2014 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]
09-24-2014 L. SIMONINI ADDRESS ISSUES WITH ATTORNEYS COOK
AND BLAIR REGARDING EXPERT
BJORKLUND'S NEW ANALYSIS OF DAMAGES
09-24-2014
J. BLAIR
EXTENDED TELEPHONE CALL WITH P.
BJORKLUND REGARDING SETTLEMENT
VALUES
09-24-2014
J. BLAIR
NOTE TO FILE REGARDING BJORKLUND
ASSUMPTIONS
09-24-2014
J. BLAIR
PLAN FOR MEDIATION WITH T. COOK AND L.
SIMONINI

2.6

170.00

170.00

$17.00

0.0

170.00

0.8

380.00

$304.00

0.2

380.00

$76.00

0.8

380.00

09-24-2014

T. COOK

4.2

380.00

09-24-2014

T. COOK

1.2

380.00

0.8

380.00

$304.00

0.1

380.00

$38.00

2.5

380.00

$950.00

1.2

170.00

$204.00

1.3

170.00

$221.00

Gressett Reply

$442.00

0.1

CAP Objections

09-24-2014

09-24-2014
09-24-2014
09-25-2014

09-25-2014

WORK ON MEDIATION MEMORANDUM AND
SELECTION OF EXHIBITS FOR SAME

RUN CALCULATIONS FOR RANGE OF
POSSIBLE SETTLEMENT VALUES IN
ANTICIPATION OF MEDIATION
T. COOK
STUDY UPDATED MATERIALS FROM EXPERT
BJORKLUND IN ANTICIPATION OF
MEDIATION
T. COOK
SEND EMAIL TO MEDIATOR WITH
MEDIATION BRIEF AND EXHIBITS
T. COOK
STUDY DEPOSITIONS OF M. COOK, M.
RUZICH, FINISH DEPOSITION OF M. LUDKE
L. SIMONINI RESEARCH TRIAL REPORTERS FROM 20012004 TO IDENTIFY VERDICTS OR
SETTLEMENTS RELATING TO FMLA CLAIMS
L. SIMONINI RESEARCH TRIAL REPORTERS FROM 20052008 TO IDENTIFY VERDICTS OR
SETTLEMENTS RELATING TO FMLA CLAIMS

$0.00 Internal Conference

$304.00 Internal conference

Agreed (see below).

Attorney Blair's .8 time entry for
planning the mediation with
Attorney Cook and Paralegal
Simonini is not an internal
conference. Attorney Cook did not
bill for this meeting and the
paralegal time is not duplicative
(see above).
$1,596.00 Duplicative of L.
Attorney Cook's 4.2 time entry to
Simonini and T. Cook
prepare the mediation
9/19/14 entries, excessive memorandum and select exhibits to
be attached is not duplicative of
earlier time entries and is not
excessive. This is the trial
attorney's finalization of the
mediation product.
$456.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

09-25-2014 L. SIMONINI RESEARCH TRIAL REPORTERS FROM 20092014 TO IDENTIFY VERDICTS OR
SETTLEMENTS RELATING TO FMLA CLAIMS
09-25-2014 L. SIMONINI RESEARCH TRIAL REPORTERS FROM 20132014 TO IDENTIFY VERDICTS OR
SETTLEMENTS RELATING TO FMLA CLAIMS

2.0

170.00

170.00

$119.00 Duplicative

09-25-2014 L. SIMONINI CONTINUE RESEARCH OF FEDERAL
DISTRICT COURT DOCKET TO IDENTIFY
CASES FILES ON FMLA CHARGES TO
IDENTIFY THOSE THAT WENT TO TRIAL
09-25-2014
J. BLAIR
ADDRESS FRONT PAY ISSUES, PLAN FOR
MEDIATION
09-25-2014
T. COOK
TELEPHONE CALL WITH MEDIATOR
REGARDING CLIENT EXPECTATIONS
9/25/2014
T. COOK
ANALYZE TRIAL REPORTER RESULTS,
REVIEW STATUTE LANGUAGE AND ASSESS
SCOPE OF DAMAGES, WHAT IS DETERMINED
BY JURY AND WHAT IS DETERMINED BY
COURT, WHAT ITEMS OF DAMAGE ARE
REALISTIC AND CERTAIN, WHAT ITEMS ARE
SUBJECT TO DEBATE AND POSSIBLE
DISCOUNT, RUN CALCULATIONS FOR VALUE
OF CLAIM GIVEN VARIOUS SCENARIOS ALL
IN PREPARATION FOR MEDIATION

1.1

170.00

$187.00

1.4

380.00

$532.00

0.2

380.00

$76.00

2.8

380.00

$851.20 Block Billing

09-25-2014

STUDY DEPOSITION EXHIBITS IN
PREPARATION FOR MEDIATION
09-25-2014
T. COOK
STUDY DEPOSITIONS OF C. ELDRIDGE AND
T. DELGADO
09-26-2014 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
MATERIALS FOR ATTORNEY USE AT
MEDIATION

1.4

380.00

$532.00

2.0

380.00

$760.00

2.3

170.00

$391.00 Vague

09-26-2014 L. SIMONINI RESEARCH FEDERAL DISTRICT COURT
DOCKETS TO IDENTIFY ANY CASES
WHEREIN DEFENDANT ATTORNEYS
PARTICIPATED IN TRIAL
09-26-2014
J. BLAIR
MEDIATION BEFORE A. LIEBERMAN

2.8

170.00

$476.00

7.5

380.00

$2,850.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$340.00

0.7

Gressett Reply

T. COOK

Paralegal Simonini's .7 time entry
to identify verdicts or settlements
from other similar FMLA cases is
not duplicative. The firm
performed several analyses to
attempt to determine the value of
this case. This was just one of
them, prior to the mediation.

First entry (.3); second entry (2.0); Block billing; reduced
third entry (.5).
by 20%.

Paralegal Simonini's 2.3 time entry
to gather additional materials for
attorney use at the mediation is not
vague. Such assignments are part of
being a paralegal just prior to a
mediation.

Date

Attorney

09-26-2014

J. BLAIR

09-26-2014

T. COOK

09-26-2014

T. COOK

09-26-2014

Description

T. COOK

Hours

Rate

Amount

CAP Objections

REVIEW A. GRESSETT EMAILS AFTER
MEDIATION [Privileged Communication]
ATTEND MEDIATION

0.2

380.00

7.5

380.00

$2,850.00 Excessive

STUDY ARTICLE SHARED BY CLIENT
[Privileged Communication]

0.2

380.00

$76.00 Vague

STUDY SECOND EMAIL FROM CLIENT
[Privileged Communication]
09-28-2014 L. SIMONINI RESEARCH TO IDENTIFY FEDERAL COURT
MATTERS WHEREIN CAP'S ATTORNEYS
HAVE ALLOWED FEES TO BE SOUGHT POST
SETTLEMENT

0.3

380.00

$114.00

3.8

170.00

$646.00 Duplicative of 9/26/14
entry

09-29-2014

2.2

380.00

$836.00

1.2

170.00

$204.00 Vague, excessive

Gressett Reply

J. BLAIR

STUDY MATERIALS REGARDING LENGTH OF
DAMAGES PERIOD AFTER LAYOFFS, IN
PARTICULAR THE 5 YEAR MINIMUM
MATERIALS
09-30-2014 L. SIMONINI ADDRESS ISSUES REGARDING PRETRIAL
FILINGS INCLUDING MOTION IN LIMINE
DEADLINE

$76.00
Attorney Cook's 7.5 time entry to
attend the mediation is not
excessive. Besides Plaintiff
Gressett, Attorneys Blair and Cook
were available for the entire
mediation, attempting to analyze
the positions taken by CAP and act
in Plaintiff Gressett's best interests.
CAP was represented by 2 outside
attorneys and 2 CAP attorneys at
the mediation. Fee entries are not
excessive.
Attorney Cook's .2 time entry to
review an article from Plaintiff
Gressett is not vague. Without
waiving privilege, it can be said
that the article related to FMLA
claims.

Paralegal Simonini's 3.8 time entry
to determine if CAP had settled
other cases and allowed fees to be
separately applied for is not
duplicative of any other assignment
she was given.

Paralegal Simonini's 1.2 time entry
to address what would be due next
at the courthouse, including
motions and the pretrial order, after
the mediation failed, is neither
vague nor excessive. The paralegal
efforts saved attorney time.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

09-30-2014 L. SIMONINI STUDY SUPPORT FOR FRONT PAY

1.7

170.00

$289.00 Vague, duplicative of
9/25/14 entry

09-30-2014

1.2

380.00

380.00

$304.00

0.1

380.00

$38.00

0.1

380.00

$38.00

0.1

380.00

$38.00

0.3

170.00

$51.00 Excessive, vague

STUDY EMAIL FROM DEFENDANT COUNSEL
REGARDING MEET AND CONFER FOR FINAL
PRE TRIAL MEMORANDUM
REVIEW EMAIL EXCHANGES WITH CAP'S
ATTORNEY AND THE MEDIATOR

0.1

380.00

$38.00

0.1

380.00

STUDY JUDGE TEILBORG'S MSJ RULING,
PREPARE EMAILS TO LITIGATION TEAM
REGARDING ISSUES TO BE RESOLVED BY
PRETRIAL TIME

1.1

380.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$456.00

0.8

Gressett Reply

09-30-2014

09-30-2014
09-30-2014
09-30-2014
10-01-2014

J. BLAIR

RESEARCH ISSUES RAISED AT MEDIATION,
SUMMARIZE FINDINGS IN EMAIL TO
LITIGATION TEAM
J. BLAIR
STUDY GROSSING UP ISSUE IN OTHER
COURTS, PULL CASES SUPPORTING THE
CONCEPT
J. BLAIR
EMAIL TO MEDIATOR REGARDING
CONTINUATION OF SETTLEMENT EFFORTS
T. COOK
STUDY EMAIL FROM DEFENSE COUNSEL
REGARDING FINAL PRE-TRIAL MEMO
T. COOK
STUDY EMAIL FROM MEDIATOR
REGARDING STATUS
L. SIMONINI IDENTIFY 2008 PERFORMANCE REVIEW FOR
ATTORNEY BLAIR'S REVIEW

10-01-2014

T. COOK

10-01-2014

J. BLAIR

10-01-2014

J. BLAIR

Paralegal Simonini's 1.7 time entry,
to see what evidence there is in the
file supporting a front pay finding
for Plaintiff Gressett is neither
vague nor duplicative of other
assignments given to Paralegal
Simonini. There are no other time
entries duplicative of this entry.

Paralegal Simonini's .3 time entry
to gather information about
Plaintiff Gressett's performance
evaluation in 2008 is neither
excessive nor vague.

$38.00 Excessive re: entry above Attorney Blair's .1 time entry to
review email exchanges with
CAP's counsel and mediator is not
excessive. It was an attempt to keep
the case on track after the
mediation.
$334.40 block billing, duplicative Attorney Blair's 1.1 time entry
Block billing; reduced
of J. Blair 8/18/14 entry reflects his further analysis of
by 20%.
Judge Teilborg's ruling in light of
the unsuccessful mediation.
Separately, this time entry
produced summaries of work to be
done going forward. First entry
(.4); second entry (.7).

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

10-02-2014 L. SIMONINI STUDY COURT'S ORDER ON MOTION FOR
SUMMARY JUDGMENT AND IDENTIFY
DOCUMENTS CITED TO IDENTIFY WAYS TO
LIMIT ATTORNEY SUIT EVALUATION AS
OUTLINED IN ORDER

2.3

170.00

$391.00 vague, excessive,
Paralegal Simonini's 2.3 time entry
duplicative of J. Blair
reflects her pulling materials from
8/18/14 and 10/1/14 entry the court's dispositive motion
orders for attorneys' review. These
materials identified case law and
previously filed documents.

10-02-2014 L. SIMONINI STUDY DEPOSITION EXHIBITS AND BEGIN
TO IDENTIFY POTENTIAL TRIAL EXHIBITS
10-02-2014 L. SIMONINI PREPARE COLLECTION OF DOCUMENTS
CITED IN JUDGE'S RULING ON MOTION FOR
SUMMARY JUDGMENT FOR ATTORNEY USE
IN PREPARING JOINT PRETRIAL ORDER
10-02-2014
J. BLAIR
REVIEW CASE LAW IN THIS CIRCUIT
ADDRESSING "AS SOON AS PRACTICABLE"
NOTICE REQUIREMENT
10-03-2014 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR AND
ATTORNEY COOK REGARDING JOINT
PRETRIAL ORDER DEADLINES

2.4

170.00

$408.00

2.8

170.00

$476.00

2.6

380.00

$988.00

1.2

170.00

$204.00 Internal Conference

10-03-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF M.
COOK TO IDENTIFY POTENTIAL DEPOSITION
DESIGNATIONS TO BE INCLUDED IN JOINT
PRETRIAL ORDER
10-03-2014 L. SIMONINI STUDY DEPOSITION OF T. DELGADO TO
IDENTIFY POTENTIAL DEPOSITION
DESIGNATIONS TO BE INCLUDED IN JOINT
PRETRIAL ORDER
10-03-2014
J. BLAIR
ANALYZE SETTLEMENT OPTIONS, PROPOSE
MEDIATION WITH FEDERAL MAGISTRATE

2.8

170.00

$476.00

1.1

170.00

$187.00

1.2

380.00

$456.00 Excessive

Paralegal Simonini's 1.2 time entry
to discuss pretrial order deadlines
with the attorneys is not an internal
conference; the attorneys did not
bill for this discussion with their
paralegal.

Attorney Blair's 1.2 time entry to
address settlement options and
propose a further mediation before
a federal magistrate is not
excessive. It is a further attempt to
settle this case short of trial. (CAP's
counsel rejected this proposal.)

10-03-2014

J. BLAIR

REVIEW PRETRIAL SCHEDULE

0.2

380.00

$76.00

10-03-2014

J. BLAIR

RESEARCH JURY VERDICTS

0.3

380.00

$114.00

2.7

170.00

$459.00 Excessive, duplicative of Paralegal Simonini's 2.7 time entry
L. Simonini 4/25/14
is a continued analysis of FMLA
entries
verdicts. As the entry notes, this is
a continuation; it is neither
excessive nor duplicative of prior
studies in this regard.

10-06-2014 L. SIMONINI CONTINUED RESEARCH REGARDING
AVERAGE FOR VERDICTS REGARDING FMLA

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

10-06-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF M.
RUZICH TO IDENTIFY SUPPORT FOR
MOTIONS IN LIMINE
10-06-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF
CLIENT TO IDENTIFY SUPPORT FOR
MOTIONS IN LIMINE
10-06-2014
J. BLAIR
STUDY TRIAL VERDICTS REPORTED ON
WESTLAW, PREPARE SUMMARIES FOR ALL
CASES AND ALL FEDERAL CASES

1.1

170.00

$187.00

2.7

170.00

$459.00

1.8

380.00

10-07-2014 L. SIMONINI IDENTIFY AND PREPARE MATERIALS FOR
CONFERENCE WITH OPPOSING COUNSEL
REGARDING PRETRIAL SUBMISSIONS
10-07-2014
J. BLAIR
PULL OUT JURY VERDICT CASES THAT
REFLECT OUR FMLA CLAIMS

1.7

170.00

$684.00 block billing, duplicative Attorney Blair's 1.8 time entry is to
of 4 entries on 9/25/14
analyze Westlaw for trial verdicts
for FMLA cases in state and
federal courts. This was one of
several analyses of case values and
not duplicative of any other
analysis. First entry (1.3); second
entry (.5).
$289.00

0.8

380.00

$304.00 duplicative of above

10-08-2014 L. SIMONINI STUDY TRIAL REPORTERS TO IDENTIFY
INFORMATION REGARDING POTENTIAL
VERDICTS FOR FMLA CLAIMS

1.7

170.00

$289.00 duplicative of 4 entries on Paralegal Simonini's 1.7 time entry
9/25/14, excessive
is a further analysis of the value of
FMLA claims. As noted above,
there were several of these, none of
which were duplicated.

10-08-2014

J. BLAIR

STUDY JURY VERDICTS NATIONWIDE AND
SUMMARIZE FOR USE IN SETTLEMENT

1.5

380.00

$570.00 duplicative of above

10-09-2014

S. KING

0.0

170.00

10-09-2014

S. KING

0.7

170.00

$119.00

10-09-2014

T. COOK

TELECONFERENCE WITH OPPOSING
COUNSEL REGARDING EXTENDING
DEADLINES AND REQUEST FOR RULE 16
MAGISTRATE
DRAFT AND REVISE UNDER ATTORNEY
SUPERVISION MOTION TO EXTEND TIME FOR
PARTIES TO MEET PRETRIAL DEADLINES
SET IN THE COURT'S ORDER SETTING FINAL
PRETRIAL CONFERENCE AND PROPOSED
ORDER
ATTEND TELEPHONE CALL WITH
DEFENDANT COUNSEL AS MANDATED MEET
AND CONFER REGARDING MEDIATION WITH
MAGISTRATE, MOVING DEADLINES

1.0

380.00

$380.00

Attorney Blair's .8 time entry is not
duplicative of above. See above.

Attorney Blair's 1.5 time entry is a
further analysis of FMLA verdicts
and settlements.
$0.00 opposing counsel did not Agreed.
speak to timekeeper S.
King

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

10-09-2014

T. COOK

10-09-2014

10-09-2014

10-09-2014
10-10-2014

10-10-2014
10-13-2014
10-13-2014
10-13-2014

10-15-2014

Description

STUDY AND APPROVE MOTION TO EXTEND
DEADLINES BY 30 DAYS AND SETTING OF
SETTLEMENT CONFERENCE
J. BLAIR
ADDRESS PRETRIAL AND SETTLEMENT
ISSUES, RELATED TELEPHONE CALL WITH
CAP'S ATTORNEY REGARDING EXTENSION
OF PRETRIAL DATES
J. BLAIR
WORK WITH PARALEGAL TO DRAFT
MOTION AND ORDER SEEKING REFERRAL
TO A MAGISTRATE AND DEFERRAL OF
PRETRIAL DATES
J. BLAIR
NOTE TO THE FILE REGARDING
CONVERSATION WITH CAP'S ATTORNEY
J. BLAIR
REVIEW AND REVISE AND FINALIZE
EXPEDITED MOTION FOR MAGISTRATE
ASSIGNMENT AND REVISION OF PRETRIAL
DEADLINES
T. COOK
STUDY EMAIL FROM CLIENT [Privileged
Communication]
T. COOK
TELEPHONE CALL WITH A. LIEBERMAN
REGARDING MEDIATION
T. COOK
MEMORANDUM TO FILE REGARDING CALL
WITH MEDIATOR LIEBERMAN
J. BLAIR
REVIEW EMAIL EXCHANGE WITH A.
LIEBERMANN, CAP'S POSITION REGARDING
MAGISTRATE
L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR
REGARDING POTENTIAL MOTIONS IN LIMINE

10-15-2014 L. SIMONINI IDENTIFY PERTINENT MATERIALS AND
DEPOSITION TESTIMONY TO SUPPORT
MOTION IN LIMINE REGARDING
DEPARTMENT OF ECONOMIC SECURITY
PAPERWORK DEFENDANT CLAIMS SHOWS
SUDDEN WELLNESS
10-15-2014 L. SIMONINI STUDY CAP'S STATEMENT OF FACTS
SUPPORTING MOTION FOR SUMMARY
JUDGMENT TO IDENTIFY POTENTIAL
MOTIONS IN LIMINE
10-15-2014
J. BLAIR
STUDY FILE AND OUTLINE POTENTIAL
MOTIONS IN LIMINE
10-16-2014 L. SIMONINI STUDY COURT'S ORDER EXTENDING
DEADLINES

Hours

Rate

Amount

CAP Objections

0.2

380.00

0.6

380.00

$182.40 Block Billing

0.5

380.00

$190.00

0.2

380.00

$76.00

0.6

380.00

$228.00

0.1

380.00

$38.00

0.3

380.00

$114.00

0.1

380.00

$38.00

0.2

380.00

$76.00

1.4

170.00

$238.00 Internal Conference

2.4

170.00

$408.00

2.1

170.00

$357.00

1.8

380.00

$684.00

0.2

170.00

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$76.00

$34.00 Excessive

First entry (.4); second entry (.2).

Paralegal Simonini's 1.4 time entry
of a discussion with Attorney Blair
is not an internal conference;
Attorney Blair did not bill for this
discussion.

Paralegal Simonini's .2 time entry
to review the court's order is not
excessive.

Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

10-16-2014 L. SIMONINI STUDY CAP'S MOTIONS IN LIMINE

0.9

170.00

0.7

170.00

$119.00 Internal Conference

10-16-2014 L. SIMONINI ANALYZE ISSUES AND IDENTIFY POTENTIAL
MOTIONS IN LIMINE TO BE FILED

1.3

170.00

$221.00 Duplicative of 10/15/14
entry

10-16-2014 L. SIMONINI RESEARCH TO IDENTIFY PUBLICATION
REGARDING DISBARMENT OF CLIENT'S
FORMER ATTORNEY

0.0

170.00

$0.00 Wrong Case - plaintiff's
malpractice case

10-16-2014 L. SIMONINI IDENTIFY MATERIALS TO COUNTER MOTION
IN LIMINE TO STRIKE EMPLOYMENT EXPERT

0.7

170.00

$119.00

10-16-2014

J. BLAIR

0.2

380.00

$76.00

10-16-2014

J. BLAIR

TELEPHONE CALL WITH COURT REGARDING
MAGISTRATE REQUEST
EMAIL EXCHANGE WITH LITIGATION TEAM
REGARDING CONVERSATION WITH COURT
CLERK

0.2

380.00

$76.00 Internal Conference

10-16-2014

J. BLAIR

0.2

380.00

$76.00

10-16-2014

J. BLAIR

REVIEW COURT ORDER, DETERMINE IMPACT
ON PRETRIAL SCHEDULE
EXTENDED TELEPHONE CALL WITH T. COOK
REGARDING MOTIONS IN LIMINE AND
PRETRIAL PROCEDURES

2.2

380.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$153.00

10-16-2014 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR AND
ATTORNEY COOK REGARDING MOTIONS IN
LIMINE

Gressett Reply

$836.00 Internal Conference

Paralegal Simonini's .7 time entry
for a discussion with Attorneys
Blair and Cook concerning motions
in limine is not an internal
conference; the attorneys did not
bill for any such discussion.
[Check the T. Cook time entry
below.]
Paralegal Simonini's 1.3 time entry
to review what motions in limine
might be available is not
duplicative of any prior entry. This
time entry supplements the prior
discussions and analysis.
Paralegal Simonini's 1.2 time entry Unrelated to this case.
to find the documentation for
disbarment of Plaintiff Gressett's
former attorney is relevant to this
case. The paralegal assignment was
to determine what, if any, impact
that disbarment would have on
presentation of evidence at a trial of
this case.

Attorney Blair's .2 time entry to the
litigation team explaining a recent
conversation with the court clerk is
not an internal conference. No one
else on the team documented this
time.

Attorney Blair's 2.2 time entry for
an extended phone call with
Attorney Cook regarding pretrial
procedures and proposed motions
in limine is not an internal
conference. Attorney Cook did not
bill for this extended call. (See
Attorney Cook's 1.7 entry.)

Date

Attorney

10-16-2014

J. BLAIR

10-16-2014

T. COOK

10-16-2014

T. COOK

10-16-2014

T. COOK

10-16-2014

T. COOK

10-16-2014

T. COOK

10-16-2014

T. COOK

10-16-2014

Description

T. COOK

Hours

Rate

Amount

CAP Objections

TELEPHONE CALL AND EMAIL TO DEFENSE
COUNSEL REGARDING MAGISTRATE
REFERRAL
MEET AND CONFER TO IDENTIFY, REVIEW,
EVALUATION AND PLAN FOR MOTIONS IN
LIMINE

0.2

380.00

1.7

380.00

SEND EMAIL TO CLIENT [Privileged
Communication]
PREPARE LIST OF MOTIONS IN LIMINE AND
BASIC ARGUMENTS FOR EACH
STUDY COURT'S RULING ON MOTION FOR
EXTRA TIME AND FOR MEDIATION
PREPARE EMAIL STATUS REPORT TO CLIENT
[Privileged Communication]
SEND SECOND LENGTHY EMAIL STATUS
REPORT TO CLIENT [Privileged Communication]

0.1

380.00

$38.00

0.7

380.00

$266.00

0.2

380.00

$76.00

0.8

380.00

$304.00

0.8

380.00

$304.00

STUDY EMAIL FROM CLIENT [Privileged
Communication]
10-16-2014
T. COOK
STUDY SECOND EMAIL FROM CLIENT
[Privileged Communication]
10-17-2014 L. SIMONINI ADDRESS ISSUES REGARDING RESPONSE
TIME FOR MOTIONS IN LIMINE

0.1

380.00

$38.00

0.1

380.00

$38.00

0.4

170.00

$68.00 Vague

10-17-2014 L. SIMONINI BEGIN TO IDENTIFY EXHIBITS TO BE
ATTACHED TO MOTIONS IN LIMINE
10-17-2014 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR
REGARDING DRAFT MOTIONS IN LIMINE

2.3

170.00

$391.00

0.7

170.00

$119.00 Internal Conference

10-17-2014

T. COOK

0.1

380.00

$38.00

10-17-2014

J. BLAIR

0.2

380.00

$76.00

Gressett Reply

STUDY EMAIL FROM CLIENT [Privileged
Communication]
EMAIL EXCHANGES WITH A. GRESSETT
[Privileged Communication]

$76.00

$646.00 Internal Conference

Attorney Cook's 1.7 time entry to
evaluate and plan for motions in
limine is not an internal conference.
This is Attorney Cook's separate
analysis after her conference with
Attorney Blair.

Paralegal Simonini's .4 time entry
to determine when motions in
limine were due is not vague.

Paralegal Simonini's .7 time entry
for a discussion with Attorney
Blair about draft motions in limine
is not an internal conference.
Attorney Blair did not bill for this
discussion.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

10-17-2014

J. BLAIR

10-17-2014

Description

J. BLAIR

Rate

Amount

CAP Objections

Gressett Reply

2.5

380.00

$950.00 No such motion filed

DRAFT AND REVISE FOUR ADDITIONAL
MOTIONS IN LIMINE REGARDING EMAILS,
GRESSETT RELATIONSHIPS, DUTY OF CARE,
AND KRUMWIEDE
T. COOK
EDIT MOTION IN LIMINE REGARDING
PLAINTIFF'S OFFICE EMAILS NOT RELATED
TO WORK
T. COOK
EDIT MOTION IN LIMINE REGARDING
PLAINTIFF'S MORAL CHARACTER
T. COOK
EDIT EMAIL REGARDING DEFENDANT
ATTEMPTING TO ADMIT STANDARD OF
CARE EVIDENCE WITHOUT AN EXPERT
T. COOK
EDIT MOTION IN LIMINE REGARDING
PLAINTIFF'S FORMER LAWYER AND
EMPLOYER
T. COOK
EDIT MOTION IN LIMINE REGARDING SCOPE
OF CASE NOW LIMITED TO NOTICE OF TIME
OFF UNDER FMLA AND DEFENDANT'S USE
OF FMLA TIME OFF TO FIRE PLAINTIFF
T. COOK
STUDY DEFENDANT'S RESPONSE TO
REQUEST FOR EXTENSION OF TIME AND
MEDIATION
L. SIMONINI IDENTIFY AND PREPARE EXHIBITS TO BE
ATTACHED TO MOTIONS IN LIMINE

2.6

380.00

$988.00

0.9

380.00

$342.00

0.9

380.00

$342.00

0.9

380.00

$342.00

0.6

380.00

$228.00

1.5

380.00

$570.00

0.2

380.00

$76.00

3.7

170.00

$629.00 Duplicative of 10/17/14
entry, excessive

Paralegal Simonini's 3.7 time entry
to pull exhibits for the motions in
limine, is neither duplicative nor
excessive; it supplements her
earlier time entry.

10-20-2014 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR AND
ATTORNEY COOK REGARDING MOTIONS IN
LIMINE

1.2

170.00

$204.00 Internal Conference

Paralegal Simonini's 1.2 time entry
for a discussion with Attorneys
Blair and Cook regarding motions
in limine is not an internal
conference. Neither attorney
reported time for this discussion.

10-20-2014

1.7

380.00

$646.00

10-19-2014

10-19-2014
10-19-2014

10-19-2014

10-19-2014

10-19-2014

10-20-2014

T. COOK

DRAFT AND REVISE OMNIBUS MOTION IN
LIMINE

Hours

FINALIZE ALL MOTIONS IN LIMINE

Attorney Blair's 2.5 time entry for
drafting and revising what he calls
an omnibus motion in limine was
filed. He is referring to the
overarching motion, that, if
granted, would have limited the
presentation of evidence and the
length of trial substantially.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

10-20-2014

T. COOK

1.4

380.00

$532.00

10-20-2014

J. BLAIR

ASSESS STRATEGY OPTIONS FOR TRIAL AND
MOTION IN LIMINE TO LIMIT SCOPE OF
TRIAL TO NOTICE REQUIREMENT
STUDY JOINT PRETRIAL REQUIREMENTS

0.8

380.00

$304.00

10-20-2014

J. BLAIR

0.7

380.00

$266.00

10-20-2014

J. BLAIR

REVIEW AND SUMMARIZE G. MCRAE
OPINIONS
FINALIZE AND ARRANGE FILING OF 5
MOTIONS IN LIMINE, INCLUDING
DISCUSSIONS WITH T. COOK AND L.
SIMONINI

2.6

380.00

$988.00 Internal Conference,
duplicative of T. Cook
10/20/14 entry, clerical

10-21-2014 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
FOR WITNESS "RORY" TO TESTIFY
TRUTHFULLY IN LIGHT OF POTENTIAL PUSH
BACK FROM EMPLOYER

0.4

170.00

10-21-2014

ADDRESS WITNESS ISSUES, LOCATING AND
MEETING WITH RORY
10-22-2014 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
WITNESSES AT TRIAL CALLED TO SUPPORT
ABSENCES ON DECEMBER 28 AND 29

0.6

380.00

$228.00

0.7

170.00

$119.00 Vague

10-22-2014 L. SIMONINI STUDY DISCLOSURES AND BEGIN
IDENTIFYING TRIAL WITNESSES TO BE
INCORPORATED INTO JOINT PRETRIAL
ORDER
10-22-2014
J. BLAIR
EMAIL EXCHANGE REGARDING
DEPOSITIONS OF CAP WITNESSES

2.1

170.00

$357.00

0.3

380.00

$114.00 Vague, internal
conference

10-22-2014

J. BLAIR

0.3

380.00

$114.00

10-22-2014

J. BLAIR

0.3

380.00

$114.00

10-22-2014

J. BLAIR

0.2

380.00

$76.00

J. BLAIR

STUDY INTERPRETATIONS OF FMLA NOTICE
PROVISION, MEANING OF AS SOON AS
PRACTICABLE
ANALYZE OPTIONS FOR ADDRESSING CAP'S
MIL REGARDING RETALIATION
PLAN OPPOSITION TO MIL REGARDING
EXPERT MCRAE

Hours

Rate

Amount

CAP Objections

$68.00 Vague

Gressett Reply

Attorney Blair's 2.6 time entry to
finalize all of the motions in limine
is not an internal conference, does
not duplicate any work by Attorney
Cook, and is not clerical. No one
else billed for the related
discussions. This was Attorney
Blair's review and finalization of
the 5 motions.
Paralegal Simonini's .4 time entry
represents her review of the file to
determine whether CAP employee
"Rory" would be a truthful witness.
It is not vague.

Paralegal Simonini's .7 time entry
to address which witness could
testify regarding December 28 and
29 (key dates leading to Plaintiff
Gressett's termination) could be
called at trial. The time entry is not
vague.

Attorney Blair's .3 time entry to the
litigation team regarding
depositions of CAP witnesses is
not vague, nor is it an internal
conference. No one else billed for
this email.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

10-23-2014 L. SIMONINI STUDY CAP'S MOTION FOR
RECONSIDERATION
10-23-2014 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S MOTION
FOR RECONSIDERATION
10-23-2014
J. BLAIR
ANALYZE OPTIONS FOR ADDRESSING CAP'S
RECONSIDERATION MOTION, CONFIRM NO
ACTION UNLESS COURT REQUESTS SAME
UNDER LOCAL FEDERAL CIVIL RULES
10-23-2014
J. BLAIR
STUDY CODE OF FEDERAL REGULATIONS
REGULATION REGARDING NOTICE OF
ABSENCE, 825.301, AND CASES CITED THAT
ARE ILLUSTRATIVE OF OUR FACTS, NOTES
TO THE FILE REGARDING SAME

0.5

170.00

$85.00

0.6

170.00

$102.00

0.9

380.00

$342.00

2.5

380.00

$950.00 Background research

10-23-2014

J. BLAIR

NOTE TO FILE REGARDING PRETRIAL ISSUES

0.2

380.00

$76.00

10-23-2014

J. BLAIR

NOTE TO THE FILE REGARDING CAP'S
INTERFERENCE WITH GRESSETT'S FMLA
RIGHTS
10-23-2014
J. BLAIR
STUDY NOTICE REGULATIONS, CONFIRM
LANGUAGE THAT OPERATES FOR GRESSETT
CASE
10-24-2014 L. SIMONINI IDENTIFY PERTINENT PORTIONS OF
CLIENT'S DEPOSITION FOR ATTORNEY
BLAIR'S REVIEW

0.2

380.00

$76.00

0.2

380.00

$76.00

1.1

170.00

$187.00 Vague, duplicative

10-24-2014 L. SIMONINI ADDRESS ISSUES REGARDING GRESSETT'S
LIQUIDATED DAMAGES AND CASE LAW
SUPPORTING SAME

1.5

170.00

$255.00 Vague, duplicative of
1/15/14, 1/24/14 and
1/27/14 entries

10-24-2014

0.5

380.00

$190.00

Gressett Reply

J. BLAIR

STUDY GRESSETT DEPOSITION, PULL
REFERENCES TO KEY DECEMBER NOTICE
ISSUE

Attorney Blair's 2.5 time entry to
review all of the FMLA case law in
which our facts match up in some
measure with Regulation 825.301
is not background research. It is
research tied directly to this case.

Paralegal Simonini's 1.1 time entry
documents an assignment from
Attorney Blair to review the
Gressett deposition transcript for
evidence related to Attorney Blair's
CFR analysis. The description of
the assignment is neither vague nor
duplicative.
Paralegal Simonini's 1.5 time entry
to find support for liquidated
damages for Plaintiff Gressett is
neither vague nor duplicative of
assignments she received in
January 2014.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

10-24-2014

J. BLAIR

STUDY CASELAW REGARDING LIQUIDATED
DAMAGES, SUMMARY TO THE FILE

0.7

380.00

$266.00 Duplicative of 1/15/14,
1/24/14, 1/27/14 and
10/24/14 entries

10-24-2014

J. BLAIR

ANALYZE CASELAW ADDRESSING
MITIGATION OF DAMAGES IN FMLA FACT
PATTERN, NOTE TO THE FILE
10-24-2014
T. COOK
STUDY DEFENDANTS MOTION FOR
RECONSIDERATION
10-27-2014 L. SIMONINI STUDY COURT'S ORDER DENYING MOTION
FOR RECONSIDERATION AND CONFER WITH
ATTORNEY BLAIR REGARDING IMPACT ON
CASE AND ON UPCOMING DEADLINES

0.8

380.00

$304.00

0.4

380.00

$152.00

2.2

170.00

$374.00 Internal Conference,
Block Billing, duplicative
of T. Cook 10/24/14
entry

10-27-2014 L. SIMONINI BEGIN PREPARING DRAFT OF JOINT
PROPOSED PRETRIAL ORDER
10-27-2014
T. COOK
STUDY COURT'S MINUTE ENTRY
REGARDING DEFENDANTS MOTION FOR
RECONSIDERATION
10-27-2014
J. BLAIR
STUDY FEDERAL COURT DECISIONS
REGARDING NOTICE OF NEED FOR FMLA
LEAVE

1.4

170.00

$238.00

0.1

380.00

$38.00

0.6

380.00

$228.00 Duplicative of 10/2/14
entry

Attorney Blair's .6 time entry
supplements his prior analysis of
federal court decisions. It is not
duplicative of any prior time entry.

10-27-2014

0.4

380.00

$121.60 Block Billing, vague

Attorney Blair's .4 time entry to
Block billing; reduced
analyze the impact of the court's
by 20%.
order that date and to exchange
emails with Plaintiff Gressett is not
vague. First entry (.2); second entry
(.2) [privileged communication].

J. BLAIR

ANALYZE IMPACT OF COURT ORDER ON
PRETRIAL REQUIREMENTS, EMAIL
EXCHANGE WITH A. GRESSETT

Hours

Rate

Amount

CAP Objections

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Attorney Blair's .7 time entry to
study case law relating to the
liquidated damages issue and
summarize his findings is not
duplicative of his review of the
liquidated damages issue 9 months
earlier, and is separate from any
other time entry this same date.

Paralegal Simonini's 2.2 time entry
documents her assignment to
determine the impact, if any, on
upcoming deadlines when the court
denied CAP's motion for
reconsideration. It is not an internal
conference because Attorney Blair
did not bill for this analysis. First
entry (.8); second entry (1.4). The
paralegal review is separate from
any attorney review.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

10-28-2014

T. COOK

ASSESS WHY DEFENDANT IS IGNORING
COMMUNICATIONS AND REQUEST TO
MEDIATE; ASSESS ROLE OF CO-WORKER AS
WITNESS FOR TRIAL

0.5

380.00

10-28-2014

J. BLAIR

0.1

380.00

$38.00

10-28-2014

J. BLAIR

1.0

380.00

$380.00

10-28-2014

J. BLAIR

EMAIL TO DEFENSE COUNSEL REGARDING
MAGISTRATE
PULL AND REVIEW AND FIRST ROUND
SELECTION OF FMLA JURY INSTRUCTIONS
IN FEDERAL COURT
STUDY NOTICE REQUIREMENT AND OTHER
FMLA REGULATIONS IN REVISED FORM,
CONSIDER DEFENSES CAP MAY USE

0.6

380.00

$228.00 Vague, duplicative of
10/2/14 and 10/27/14
entries

Attorney Blair's .6 time entry to
analyze the impact of the relevant
revised FMLA regulation and
defenses CAP may have to those
regulations is neither vague nor
duplicative of earlier analysis. The
relevant regs have been revised
from year to year and some are
more attractive to the employer
than others. There was no other
analysis of these versions of these
regulations.

10-28-2014

J. BLAIR

READ CASES CITED IN THE EMPLOYMENT
HANDBOOK PROTECTING EMPLOYERS
FROM FMLA NOTICE VIOLATIONS

0.8

380.00

$304.00 Background research

10-29-2014 L. SIMONINI CONFIRM REFILING OF MOTIONS IN LIMINE
TO COMPORT WITH JUDGE'S ORDER

0.3

170.00

Attorney Blair's .8 time entry to
study case law that CAP might use
to defend against FMLA notice
violations is not background
research. It is application of case
facts to the relevant law.
Paralegal Simonini's .3 time entry
is to confirm the Judge's order was
complied with. It is not clerical, but
an efficient use of paralegal time.

10-29-2014 L. SIMONINI ADDRESS ISSUES REGARDING UPCOMING
DEADLINES FOR JOINT FILINGS

1.3

170.00

$221.00 Vague, excessive

10-29-2014 L. SIMONINI STUDY CAP'S MOTIONS IN LIMINE TO
CONFIRM NO NEW MOTIONS ARE BEING
FILED

0.4

170.00

$68.00 Vague, excessive

$152.00 Block billing, vague

$51.00 Clerical

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Attorney Cook's .5 time entry, her Block billing; reduced
analysis of why CAP was ignoring by 20%.
us and our request to mediate, and
to assess the role of a co-worker as
a witness at trial is not vague. First
entry (.2); second entry (.3).

Paralegal Simonini's 1.3 time entry
to address the other joint pretrial
deadlines is neither vague nor
excessive.
Paralegal Simonini's .4 time entry
to confirm the parties' refilings of
motions in limine to comport with
the Judge's order is not clerical. It is
a confirmation that CAP did not
file modified motions.

Date

Attorney

10-29-2014

T. COOK

10-29-2014

J. BLAIR

10-29-2014

J. BLAIR

10-30-2014

J. BLAIR

10-30-2014

J. BLAIR

10-30-2014

Description

J. BLAIR

Hours

Rate

Amount

CAP Objections

Gressett Reply

TELEPHONE CALL WITH CLIENT [Privileged
Communication]
CONFIRM REFILING OF MOTIONS IN LIMINE

0.3

380.00

$114.00

0.2

380.00

REVIEW JUDGE TEILBORG'S RULING THAT
NOTICE MUST SEPARATELY BE PROVEN,
STUDY CASE LAW CITED IN HIS ORDER
REGARDING SAME
REVIEW CASE VALUATION AFTER
DISCUSSION WITH A. GRESSETT
PLAN PRETRIAL PREPARATION, STUDY
SAMPLE FROM PRIOR FEDERAL COURT CASE

1.1

380.00

$418.00

0.5

380.00

$190.00

0.5

380.00

$190.00

REVIEW P. BJORKLUND DAMAGES
SUMMARY
10-30-2014
T. COOK
EVALUATE IMPACT OF TESTIMONY OF
DEFENDANT'S WITNESSES ON STRATEGY
10-31-2014 L. SIMONINI IDENTIFY DOCUMENTS THAT RELATE TO
ABSENCES FOR DECEMBER 28 AND
DECEMBER 29

0.6

380.00

$228.00

0.9

380.00

$342.00

1.8

170.00

$306.00 Duplicative of 7/22/13m Paralegal Simonini's 1.8 time entry
8/20/13 and 12/17/13
reflects an assignment to pull all
entries
materials related to Plaintiff
Gressett's absences on December
28 and 29. This was an assignment
related to the upcoming pretrial
deadline, not duplicative of tasks
she was assigned a year prior.

10-31-2014

J. BLAIR

1.4

380.00

$532.00

10-31-2014

J. BLAIR

REVIEW RUZICH TRANSCRIPT AND
DOCUMENT USEFUL PORTIONS FOR TRIAL
REGARDING NOTICE ISSUE
BEGIN JOINT PRETRIAL FILING

1.1

380.00

$418.00 Duplicative of L.
Attorney Blair's 1.1 time entry to
Simonini 10/27/14 entry begin the joint pretrial filing is not
duplicate to the task required of
Paralegal Simonini. Attorney Blair
was addressing legal issues and
Paralegal Simonini was directed to
pull supporting materials.

10-31-2014

J. BLAIR

0.3

380.00

$114.00

11-03-2014

J. BLAIR

STUDY VERSION OF REGULATION 825.303
THAT WAS IN PLACE IN 2009
WORK ON JOINT PRETRIAL MATERIALS,
INCLUDING DOCUMENTING KEY
STIPULATED FACTS AND LAW,
IDENTIFICATION OF WITNESSES

2.7

380.00

$1,026.00

$76.00 Vague, clerical

Attorney Blair's .2 time entry to
review the refilings by the parties is
neither vague nor clerical, but what
lawyers do when the court orders
refilings.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

11-03-2014

Description

J. BLAIR

Hours

Rate

Amount

CAP Objections

REVIEW NINTH CIRCUIT JURY
INSTRUCTIONS FOR FMLA CLAIMS
11-04-2014 L. SIMONINI CONFERENCE WITH ATTORNEYBLAIR TO
CONSIDER TRIAL EXHIBITS

0.3

380.00

$114.00

1.4

170.00

$238.00 Internal Conference

11-04-2014 L. SIMONINI ADDRESS ISSUES REGARDING PRESENTING
MEDICATION BOTTLES AT TRIAL

0.3

170.00

$51.00 Vague

11-04-2014 L. SIMONINI ADDRESS ISSUES REGARDING CAP'S
ADMISSION REGARDING FMLA LEAVE
CHART PREPARED BY ATTORNEY GROUSE

0.7

170.00

$119.00 Vague

11-04-2014 L. SIMONINI STUDY C. ELDRIDGE DEPOSITION
TESTIMONY TO IDENTIFY TESTIMONY
REGARDING PHYSICAL REACTIONS TO
PRESCRIPTIONS
11-04-2014 L. SIMONINI STUDY GRESSETT'S MEDICAL FILE TO
VERIFY THAT PRESCRIPTION INFORMATION
PROVIDED TO M. COOK IS PART OF HER FILE
11-04-2014
J. BLAIR
MAKE ADDITIONS TO JOINT PRETRIAL
ORDER
11-04-2014
J. BLAIR
PULL AND REVIEW EXHIBITS FOR JOINT
PRETRIAL ORDER, RELATED PARALEGAL
ASSIGNMENTS
11-04-2014
J. BLAIR
VALUE GRESSETT CLAIMS

0.9

170.00

$153.00

0.8

170.00

$136.00

0.5

380.00

$190.00

2.2

380.00

$836.00 Block billing

0.5

380.00

$190.00

11-05-2014 L. SIMONINI CONTINUE STUDY OF CAP'S VOLUMINOUS
DISCOVERY RESPONSES TO IDENTIFY
POTENTIAL TRIAL EXHIBITS
11-05-2014 L. SIMONINI ADDRESS ISSUES REGARDING DISCLOSURE
OF CLIENT'S JOB SEARCHES
11-05-2014 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING MISSING DOCUMENTS
11-05-2014 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING MISSING DOCUMENTS

5.2

170.00

$884.00

0.4

170.00

$68.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

11-05-2014 L. SIMONINI STUDY E-MAIL FROM CAP PARALEGAL
REGARDING MISSING DOCUMENTS

0.1

170.00

$17.00 Excess billing for email
exchange

Gressett Reply

Paralegal Simonini's 1.4 time entry
to discuss trial exhibits with
Attorney Blair is not an internal
conference. Mr. Blair did not bill
for this discussion.
Paralegal Simonini's .3 time entry
reflects her assignment to
determine whether Plaintiff
Gressett's medication bottles could
be located and presented at trial. It
is not vague.
Paralegal Simonini's .7 time entry
reflects her assignment to
determine how evidence of the
preparation of Attorney Grouse's
leave chart was documented and
could be used at trial. It is not a
vague assignment.

First entry (2.0); second entry (.2).

Paralegal Simonini's .1 entry to
review an email from CAP's
counsel is not excess billing.
Paralegal Simonini's .1 entry to
review an email from CAP's
paralegal is not excess billing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

11-05-2014

J. BLAIR

11-05-2014

J. BLAIR

11-05-2014

J. BLAIR

Description

Hours

Rate

Amount

CAP Objections

MAKE ADDITIONS TO THE JOINT PRETRIAL
STATEMENT
REVIEW DISCOVERY AND DISCLOSURE
DOCUMENTS, IDENTIFY EXHIBITS

0.5

380.00
380.00

$684.00 Duplicative of L.
Simonini 11/5/14 entry

DEVELOP VOIR DIRE QUESTIONS

1.2

380.00

$456.00

11-06-2014 L. SIMONINI STUDY E-MAIL FROM CAP PARALEGAL
REGARDING MISSING PRODUCTION
DOCUMENTS

0.1

170.00

$17.00 Duplicative of 11/5/14
entry

11-06-2014 L. SIMONINI DRAFT E-MAIL TO CAP PARALEGAL
REGARDING MISSING PRODUCTION
EXHIBITS
11-06-2014 L. SIMONINI STUDY RECORDS ATTACHED TO SECOND
SUPPLEMENT TO FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS

0.1

170.00

$17.00 Excess billing for email
exchange

2.2

170.00

$374.00 Vague

11-06-2014 L. SIMONINI CONTINUE TO IDENTIFY AND PREPARE
POTENTIAL TRIAL EXHIBITS TO BE
EXCHANGED WITH CAP ON 11/17/2014

5.1

170.00

$867.00 Excessive - see 11/5/14
entry

11-06-2014

J. BLAIR

REVIEW CAP'S DISCLOSURE FOR EXHIBIT
IDENTIFICATION

1.5

380.00

$570.00 Vague, excessive

11-06-2014

J. BLAIR

1.1

380.00

$334.40 Block Billing

11-06-2014

J. BLAIR

0.2

380.00

$76.00

11-06-2014

J. BLAIR

STUDY CAP'S MOTION IN LIMINE
REGARDING EXPERT MCRAE, PULL CASES
FOR REVIEW, STUDY CASES SUPPORTING HR
EXPERTS
MAKE REVISIONS TO DRAFT JOINT
PRETRIAL
ADD VOIR DIRE QUESTIONS

0.4

380.00

$152.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$190.00

1.8

Gressett Reply

Attorney Blair's 1.8 time entry to
review the file, both discovery and
disclosure documents for the draft
joint pretrial statement, is not a
duplication of Paralegal Simonini's
assignments.
Paralegal Simonini's .1 time entry
to review an email from CAP's
paralaegal is not duplicative of her
email review the prior day. It is a
separate email.
Paralegal Simonini's .1 time entry
to prepare an email to CAP's
paralegal is not excess billing.
Paralegal Simonini's 2.2 time entry
to review records that were
attached to a discovery response
from CAP is not vague. It was part
of her joint pretrial statement
responsibilities.
Paralegal Simonini's 5.1 time entry
to continue to prepare the trial
exhibit materials for exchange with
CAP is not excessive. It is a
continuation of that assignment.
Attorney Blair's 1.5 time entry to
study disclosures from CAP for
exhibit identification (for Plaintiff
Gresset) is neither vague nor
excessive.
First time entry (.4); second time
entry (.3); third time entry (.4).

Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

11-07-2014 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR
REGARDING RESPONSES TO MOTIONS IN
LIMINE

1.3

170.00

$221.00 Internal Conference

Paralegal Simonini's 1.3 time entry
to discuss MIL responses with
Attorney Blair is not an internal
conference. Attorney Blair did not
bill for this discussion.

11-07-2014 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR AND
ATTORNEY COOK REGARDING TRIAL
EXHIBITS

0.6

170.00

$102.00 Internal Conference

Paralegal Simonini's .6 time entry
to discuss trial exhibits with
Attorneys Blair and Cook is not an
internal conference; neither
attorney billed for this discussion.

11-07-2014 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING MOTION IN LIMINE
11-07-2014 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING MOTION IN LIMINE

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

11-07-2014 L. SIMONINI DRAFT SECOND E-MAIL TO EXPERT MCRAE
REGARDING MOTION IN LIMINE
11-07-2014 L. SIMONINI IDENTIFY AND PREPARE EXHIBITS TO BE
FORWARDED TO EXPERT MCRAE
REGARDING PENDING MOTIONS IN LIMINE
11-07-2014 L. SIMONINI STUDY LETTER FROM CAP PARALEGAL
REGARDING MISSING PRODUCTION
DOCUMENTS
11-07-2014 L. SIMONINI STUDY GRESSETT'S INITIAL DISCLOSURE
STATEMENT TO IDENTIFY AND ASSEMBLE
TRIAL EXHIBITS TO BE EXCHANGED WITH
DEFENDANT

0.1

170.00

$17.00

0.5

170.00

$85.00

0.2

170.00

$34.00

2.8

170.00

$476.00 Block billing

11-07-2014 L. SIMONINI BEGIN DRAFTING TRIAL EXHIBIT LIST

1.2

170.00

$204.00

11-07-2014

J. BLAIR

1.6

380.00

$608.00

11-07-2014

J. BLAIR

0.8

380.00

$304.00

11-07-2014

J. BLAIR

1.0

380.00

$380.00

11-07-2014

J. BLAIR

WORK ON G. MCRAE RESPONSE TO MOTION
IN LIMINE SEEKING HER DISQUALIFICATION
STUDY CASES CITED BY CAP REGARDING
DISQUALIFICATION OF MCRAE
STUDY RECORDS DISCLOSED BY CAP, MARK
KEY ONES FOR JOINT PRETRIAL
MEETING WITH T. COOK REGARDING
DOCUMENT REVIEW, DISCUSSIONS WITH G.
MCRAE, MOTIONS IN LIMINE DRAFTS

0.7

380.00

$266.00 Internal Conference

11-07-2014

J. BLAIR

EMAIL TO EXPERT MCRAE REGARDING
MOTION IN LIMINE

0.2

380.00

$76.00

Paralegal Simonini's .1 time entry
an email from expert McRae is not
excess billing.

Paralegal Simonini's 2.8 time entry
to study Plaintiff's Disclosure
Statement and identify and
assemble trial exhibits for exchange
with CAP is not block billing. It is
one task.

Attorney Blair's .7 time entry to
discuss document review and
discussions with Expert McRae
and draft MILs responses is not an
internal conference. Attorney
Cook did not bill for these
discussions.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

11-07-2014

Description

T. COOK

Hours

Rate

Amount

BEGIN STUDY OF ALL DISCLOSURES AND
DISCOVERY TO SELECT TRIAL EXHIBITS
T. COOK
STUDY AND PLAN FOR STRATEGY AND
RESPONSES TO DEFENDANTS MOTIONS IN
LIMINE
J. BLAIR
STUDY DEFENDANT'S LISTED TRIAL
EXHIBITS
T. COOK
COMPLETE STUDY OF ALL DISCLOSURES
AND DISCOVERY RESPONSES AND
SELECTION OF TRIAL EXHIBITS
L. SIMONINI STUDY CAP DISCLOSURE DOCUMENTS TO
IDENTIFY POTENTIAL TRIAL EXHIBITS

2.0

380.00
380.00

$380.00

0.8

380.00

$304.00

4.0

380.00

$1,520.00

3.7

170.00

11-10-2014 L. SIMONINI ADDRESS ISSUES REGARDING MOTIONS IN
LIMINE TO BE FILED

1.3

170.00

11-10-2014 L. SIMONINI STUDY CAP DISCOVERY DOCUMENTS TO
IDENTIFY POTENTIAL TRIAL EXHIBITS

3.6

170.00

11-10-2014

J. BLAIR

0.5

380.00

$190.00

11-10-2014

J. BLAIR

0.6

380.00

$228.00

11-10-2014

J. BLAIR

1.6

380.00

$608.00

11-10-2014

J. BLAIR

0.2

380.00

Gressett Reply

$760.00

1.0

CAP Objections

11-07-2014

11-07-2014
11-09-2014

11-10-2014

TELEPHONE CALL WITH G. MCRAE
REGARDING RESPONSE TO CAP'S MOTION IN
LIMINE
REVIEW RECORDS FOR JOINT PRETRIAL
PURPOSES
DRAFT RESPONSES TO CAP MOTIONS IN
LIMINE
TELEPHONE CALL WITH T. COOK
REGARDING PRETRIAL ISSUES

$629.00 Duplicative of T. Cook
entry on 11/9/14

Paralegal Simonini's 3.7 time entry
to identify potential trial exhibits
from CAP's disclosure documents
is not duplicative of Attorney's
Cook's efforts related to trial
exhibits. Attorney Cook would
review the product of Paralegal
Simonini's assignments.
$221.00 Vague, excessive Paralegal Simonini's 1.3 time entry
already filed per 10/20/14 addresses issues regarding MIL
entry
responses. (Incorrectly referencing
Motions to be filed) It was her
responsibility to organze any
evidentiary support for the
responses. The time entry is
neither vague or excessive.
$612.00 Duplicative of T. Cook
Paralegal Simonini's 3.6 time entry
entry on 11/9/14
to review CAP discovery
documents and identify potential
trial exhibits is not duplicative of
Attorney Cook's review. As noted
above, Attorney Cook relied on
Paralegal Simonini's initial efforts.

$76.00 Internal Conference

Attorney Blair's .2 time entry to
discuss pretrial issues with
Attorney Cook is not an internal
conference. Attorney Cook did not
bill for this discussion.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

11-11-2014 L. SIMONINI ADDRESS ISSUES REGARDING JOINT
PRETRIAL ORDER

1.3

170.00

$221.00 Vague

Paralegal Simonini's 1.3 time entry
to address the joint pretrial order
components is not vague. It was her
responsibility to coordinate the
various components into a final
product.
Paralegal Simonini's 2.8 time entry
to address issues related to
potential trial exhibits is not vague.
See above.
Paralegal Simonini's 2.9 time entry
to review Gressett materials for
potential trial exhibits is not vague.
See comments above.

11-11-2014 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
TRIAL EXHIBITS

2.8

170.00

$476.00 Vague

11-11-2014 L. SIMONINI STUDY GRESSETT DOCUMENTS TO
IDENTIFY POTENTIAL TRIAL EXHIBITS

2.9

170.00

$493.00 Vague

11-11-2014

J. BLAIR

1.2

380.00

$456.00

11-11-2014

J. BLAIR

STUDY SUPPORT MATERIALS RE EXPERT
MCRAE
DRAFT RESPONSE RE MOTION TO
DISQUALIFY G. MCRAE

1.8

380.00

$684.00 Duplicative of 11/10/14
entry

11-11-2014

J. BLAIR

1.1

380.00

$418.00

11-11-2014

J. BLAIR

MAKE REVISIONS AND ADDITIONS TO
DRAFT RESPONSE BRIEF
MAKE REVISIONS TO REMAINING TWO
MOTIONS IN LIMINE

0.3

380.00

$114.00 Excessive - already filed
per 10/20/14 entry

11-12-2014 L. SIMONINI CONFIRM THAT FMLA ELEMENTS ARE
INCORPORATED INTO JOINT PRETRIAL
ORDER
11-12-2014 L. SIMONINI STUDY CAP'S MOTIONS IN LIMINE

0.8

170.00

$136.00

2.3

170.00

$391.00 Excessive, duplicative of Paralegal Simonini's 2.3 time entry
10/16/14 and 11/6/14
documents further analysis of the
entries
motions per instruction from
Attorney Cook.

11-12-2014 L. SIMONINI IDENTIFY EVIDENCE TO SUPPORT RESPONSE
TO CAP'S MOTIONS IN LIMINE

2.7

170.00

$459.00 Excessive, duplicative of Paralegal Simonini's 2.7 time entry
10/15/14, 10/16/14 and documents her responsbility to pull
11/6/14 entries
the evidence support Plaintiff
Gressett's responses to CAP's
MILs. This was a continuing
responsbility as the response
deadline approached.

Attorney Blair's 1.8 time entry to
draft a response re Motion to
Disqualify Expert McRae is not
duplicative of any other entry. This
draft response was only possible
after Attorney Blair's discussions
with Expert McRae.

Attorney Blair's .3 time entry
relates to responses to MIL, not the
initial motions. It is a typographical
error, not a reference to prior filed
motions.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

11-12-2014 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING EXCHANGE OF TRIAL EXHIBITS
11-12-2014 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING TRIAL EXHIBIT EXCHANGE

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

11-12-2014 L. SIMONINI RESEARCH TO CONFIRM ACCURACY OF
CASE CITATIONS IN MOTIONS IN LIMINE
11-12-2014
T. COOK
EDIT AND FINALIZE RESPONSES TO
MOTIONS IN LIMINE (x3) FILED BY
DEFENDANT
11-12-2014
J. BLAIR
REVISE AND FINALIZE MOTIONS IN LIMINE,
RELATED EMAIL COMMUNICATIONS WITH T.
COOK

1.2

170.00

$204.00

3.0

380.00

$1,140.00

1.6

380.00

$608.00 Internal Conference,
Attorney Blair's 1.6 time entry to
Block Billing, duplicative revise and finalize responses to
of above entry
CAP's MILs, then discuss those
responses in an email to Attorney
Cook is not an internal conference
nor is it duplicative of the earlier
entry. This was Attorney Blair's
separate review of the response
motions he had prepared. First time
entry (1.4); second time entry (.2).

11-13-2014 L. SIMONINI ASSIST WITH PREPARATION OF MOTIONS IN
LIMINE

2.4

170.00

$408.00 Vague

11-13-2014 L. SIMONINI IDENTIFY EXHIBITS TO BE ATTACHED TO
MOTIONS IN LIMINE
11-13-2014
J. BLAIR
MEET WITH T. COOK REGARDING PRETRIAL
REQUIREMENTS

2.7

170.00

$459.00

0.5

380.00

$190.00 Internal Conference

11-13-2014

J. BLAIR

0.6

380.00

$228.00

11-13-2014

J. BLAIR

0.6

380.00

$228.00

11-13-2014

J. BLAIR

0.1

380.00

$38.00

STUDY MOTION IN LIMINE RESPONSES
FROM CAP
REVISE PRETRIAL ORDER TO INCLUDE
CONTENTIONS REGARDING GRESSETT'S
NOTICE TO CAP OF HER FMLA PROTECTED
ABSENCES
REVIEW EMAIL FROM A. GRESSETT
[Privileged Communication]

Paralegal Simonini's .1 time entry
to review an email from CAP's
counsel is not excess billing.

Paralegal Simonini's 2.4 time entry
to assist with the preparation of
response briefs is not vague. It is a
paralegal's responsbility to do just
that.

Attorney Blair's .5 time entry to
discuss all Pretrial requirements
with Attorney Cook is not an
internal conference. Attorney Cook
did not bill for this discussion.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

11-14-2014 L. SIMONINI ASSIST WITH PREPARATION AND
FINALIZATION OF DRAFT JOINT PRETRIAL
ORDER TO BE SENT TO CAP

2.7

170.00

$459.00 Duplicative of L.
Paralegal Simonini's 2.7 time entry
Simonini 11/13/14 entry documents her responsbilities to
assist in the preparation/finalization
of the draft joint pretrial order
before it was sent to CAP's
attorney. This time entry is not
duplicative of those continuing
responsibilities from prior days.

11-14-2014 L. SIMONINI ASSIST WITH PREPARATION AND
FINALIZATION OF MOTIONS IN LIMINE

2.4

170.00

$408.00 Duplicative of above,
excessive

11-14-2014 L. SIMONINI IDENTIFY EXHIBITS TO BE ATTACHED TO
MOTIONS IN LIMINE

1.6

170.00

11-14-2014

T. COOK

1.8

380.00

11-14-2014

T. COOK

0.8

380.00

$304.00

11-14-2014

T. COOK

DETAILED STUDY OF DEFENDANT'S
RESPONSE TO MOTION IN LIMINE ON
STANDARD OF CARE
IDENTIFY AND ISSUE INSTRUCTIONS FOR
FOLLOW UP FOR ORAL ARGUMENT AND
DESIGNATION OF EXHIBITS IN RESPONSE TO
ALL OF DEFENDANT'S RESPONSES TO
MOTIONS IN LIMINE
DETAILED STUDY AND NOTATIONS TO
DEFENDANT'S RESPONSE TO MOTION IN
LIMINE REGARDING MARITAL STATUS AND
CHILDREN

$272.00 Duplicative of L.
Paralegal Simonini's 1.6 time entry
Simonini 11/13/14 entry to pull the exhibits for the
responses to MIL is not duplicative
of any earlier time entry related to
this task. She saw that these
exhibits were pulled just prior to
filing.
$684.00

1.3

380.00

$494.00 Excessive

11-14-2014

T. COOK

DETAILED STUDY AND NOTATE FOLLOW-UP
NEEDED FROM DEFENDANT'S RESPONSE TO
MOTION IN LIMINE REGARDING NON-WORK
RELATED EMAILS

0.9

380.00

$342.00

Paralegal Simonini's 2.4 time entry
to assist in the prep and finalization
of the MIL response briefs is nether
duplicative or excessive. It was her
responsbility to participate in the
finalization of these materials
before filing.

Attorney Cook's 1.3 time entry to
review and make notes about this
particular MIL response from CAP
is not excessive. It is the trial
lawyer's responsbility to know
these motions in detail, not merely
for presentation of the motions, but
for trial.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

11-14-2014

T. COOK

11-14-2014

J. BLAIR

11-14-2014

J. BLAIR

11-14-2014

J. BLAIR

Description

Hours

Rate

Amount

CAP Objections

STUDY AND NOTATE RESPONSE FROM
DEFENDANT TO MOTION IN LIMINE
REGARDING ATTORNEY KRUMWEIDE
STUDY MOTION IN LIMINE RESPONSES
FROM CAP

0.7

380.00

$266.00

1.2

380.00

$456.00 Duplicative of T. Cook
11/14/14 entries

REVISIONS TO DRAFT JOINT PRETRIAL
ORDER
EMAIL FROM A. GRESSETT [Privileged
Communication]
IDENTIFY ALL DOCUMENTS TO BE FILED
WITH COURT ON 12/01/14 AND CONFIRM
PROCESS IS IN PLACE FOR EXCHANGING
SAME
DRAFT SUPPLEMENTAL DISCLOSURE
STATEMENT REGARDING GRESSETT'S
ANTICIPATED TESTIMONY
STUDY CAP'S DISCLOSURE DOCUMENTS TO
IDENTIFY AND PREPARE TRIAL EXHIBITS TO
BE EXCHANGED WITH CAP
STUDY CAP'S DEPOSITION EXHIBITS TO
IDENTIFY AND PREPARE TRIAL EXHIBITS TO
BE EXCHANGED WITH CAP
CONFER WITH ATTORNEY BLAIR
REGARDING DRAFT JOINT PRETRIAL ORDER
TO BE EXCHANGED WITH CAP COUNSEL

0.3

380.00

$114.00

0.1

380.00

$38.00

0.5

170.00

$85.00

0.4

170.00

$68.00

2.8

170.00

$476.00

2.4

170.00

$408.00

0.7

170.00

$119.00 Internal Conference

11-17-2014 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING GRESSETT'S PORTION OF JOINT
PRETRIAL ORDER
11-17-2014 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY AND
ATTACHED DEFENDANT'S PORTION OF
JOINT PRETRIAL ORDER
11-17-2014
J. BLAIR
REVISE JOINT PRETRIAL, ARRANGE DRAFT
TO CAP'S ATTORNEY
11-17-2014
T. COOK
STUDY AND EDIT FIRST ROUND DRAFT OF
JOINT PRE-TRIAL STATEMENT

0.1

170.00

$17.00

1.2

170.00

$204.00

0.8

380.00

$304.00

0.8

380.00

$304.00

Gressett Reply

11-16-2014 L. SIMONINI

11-17-2014 L. SIMONINI

11-17-2014 L. SIMONINI

11-17-2014 L. SIMONINI

11-17-2014 L. SIMONINI

Attorney Blair's 1.2 time entry to
review the CAP MIL responses is
not duplicative of effort by trial
Attorney Cook. Attorney Blair
reviewed all the MIL responses so
as to be certain how those issues
would be defended by CAP at trial.

Paralegal Simonini's .7 time entry
for a discussion with Attorney
Blair exchanging Pretrial materials
with CAP is not an internal
conference. Attorney Blair did not
bill for this discussion.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

11-18-2014 L. SIMONINI DRAFT NOTICE OF SERVICE OF
SUPPLEMENTAL DISCLOSURE STATEMENT
11-18-2014 L. SIMONINI DRAFT E-MAIL TO GRESSETT [Privileged
Communication]
11-18-2014 L. SIMONINI STUDY E-MAIL FROM GRESSETT [Privileged
Communication]

0.1

170.00

$17.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

11-18-2014 L. SIMONINI STUDY CAP'S DISCOVERY RESPONSES TO
IDENTIFY AND PREPARE TRIAL EXHIBITS TO
BE EXCHANGED WITH CAP
11-18-2014
J. BLAIR
STUDY DRAFT JOINT PRETRIAL FROM CAP,
IDENTIFY ISSUES THAT CAN BE RESOLVED

3.6

170.00

$612.00

1.2

380.00

$456.00 Duplicative of L.
Attorney Blair's 1.2 time entry to
Simonini 11/17/14 entry study CAP's draft joint pretrial
materials and identify issues that
can be resolved between the parties
is not duplicative with Paralegal
Simonini's review of the draft joint
pretrial materials. Paralegal
Simonini's responsbilities were
structural and procedural; Attorney
Blair's responsibilities involved the
legality of the joint pretrial
statement as well as the
presentation of Plaintiff Gressett's
evidence at trial.

11-18-2014

PRELIMINARY REVIEW OF COMBINED FINAL
PRE TRIAL STATEMENT
11-19-2014 L. SIMONINI MEET WITH CAP PARALEGAL TO IDENTIFY
AND EXCHANGE TRIAL EXHIBITS
11-19-2014 L. SIMONINI CONFERENCE CALL ATTORNEY BLAIR AND
ATTORNEY COOK REGARDING JOINT
PRETRIAL ORDER

0.3

380.00

$114.00

1.0

170.00

$170.00

0.6

170.00

$102.00 Internal Conference

11-19-2014 L. SIMONINI EXCHANGE MESSAGES WITH CAP
ATTORNEY REGARDING TRIAL EXHIBIT
EXCHANGE
11-19-2014 L. SIMONINI PREPARE SET OF TRIAL EXHIBITS TO BE
EXCHANGED WITH CAP PER JUDGE'S
PRETRIAL ORDER
11-19-2014 L. SIMONINI RETRIEVE SAMPLE JURY INSTRUCTIONS
FROM FMLA MATTER FOR ATTORNEY
CONSIDERATION
11-19-2014
J. BLAIR
WORK ON JOINT PRETRIAL STATEMENT,
ANALYZE PORTIONS ADDED BY CAP

0.1

170.00

$17.00

1.3

170.00

$221.00

1.1

170.00

$187.00

1.4

380.00

$532.00

T. COOK

Paralegal Simonini's .1 time entry
to review an email from Plaintiff
Gressett is not excessive billing.

Paralegal Simonini's .6 time entry
for a discussion with Attorneys
Blair and Cook about the joint
pretrial order is not an internal
conference. Neither attorney billed
for this discussion.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

11-19-2014

Description

J. BLAIR

Hours

Rate

Amount

CAP Objections

CONFIRM EXCHANGE OF EXHIBITS, REVIEW
CAP'S DRAFT
11-20-2014 L. SIMONINI PREPARE COLLECTION OF GRESSETT'S
TRIAL EXHIBITS FOR ATTORNEY USE IN
PREPARING JOINT PRETRIAL ORDER
11-20-2014 L. SIMONINI PREPARE COLLECTION OF GRESSETT'S
TRIAL EXHIBITS FOR ATTORNEY USE IN
PREPARING JOINT PRETRIAL ORDER

0.2

380.00

$76.00

1.3

170.00

$221.00

2.3

170.00

$391.00 Duplicative of above

11-20-2014 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT
BJORKLUND'S TRIAL EXHIBITS

1.3

170.00

$221.00 Vague

11-20-2014

T. COOK

0.2

380.00

$76.00

11-20-2014

T. COOK

0.2

380.00

$76.00

11-20-2014

J. BLAIR

1.7

380.00

$646.00

11-20-2014

J. BLAIR

1.6

380.00

$608.00

11-20-2014

J. BLAIR

0.2

380.00

4.7

170.00

$799.00

1.1

170.00

$187.00

Gressett Reply

STUDY EMAIL FROM DEFENDANT COUNSEL
REGARDING EDIT WORK ON FINAL PRETRIAL STATEMENT
SEND EMAIL TO DEFENDANT COUNSEL
REGARDING JOINT FINAL PRETRIAL
STATEMENT
PREPARE REVISIONS TO COMBINED JOINT
PRETRIAL ORDER
STUDY CAP'S MARKED EXHIBITS, MAKE
NOTES REGARDING SAME
STUDY EMAIL EXCHANGE WITH CAP'S
ATTORNEY

11-21-2014 L. SIMONINI STUDY TRIAL EXHIBITS TO IDENTIFY
DUPLICATES TO BE REMOVED AND
OBJECTIONS TO BE MADE
11-21-2014 L. SIMONINI STUDY DRAFT JOINT PRETRIAL ORDER TO
IDENTIFY ADDITIONAL OBJECTIONS TO BE
MADE REGARDING STIPULATED FACTS,
WITNESSES

$76.00 Duplicative of T. Cook
11/20/14 entry

Paralegal Simonini's 2.3 time entry
describes her responsbility to
prepare a subset of all Gressett trial
exhibits for trial Attorney Cook's
use. This assignment is not
duplicative of her efforts related to
the joint pretrial order.
Paralegal Simonini's 1.3 time entry
to separate Expert Bjorklund's trial
exhibits is not vague. It was an
assignment from Attorney Blair,
who was to take testimony from
Expert Bjorklund.

Attorney Blair's .2 time entry to
review the exchange between this
office and CAP's attorney is not
duplicative of Attorney Cook's
communication with CAP's
counsel. It is Attorney Blair's
separate review on how the joint
pretrial is progressing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

11-21-2014 L. SIMONINI STUDY CAP DISCLOSURE STATEMENTS TO
CONFIRM WITNESSES LISTED IN JOINT
PRETRIAL ORDER HAVE BEEN
APPROPRIATELY DISCLOSED
11-21-2014
T. COOK
CONFER WITH ATTORNEY BLAIR
REGARDING TRIAL PLANNING, FINAL
STATEMENT, SELECTION OF EXHIBITS,
ARGUMENTS RELATING TO VARIOUS
DOCUMENTS, JURY INSTRUCTIONS,
VERDICT FORM
11-21-2014
J. BLAIR
WORK ON JOINT PRETRIAL, STUDY EXHIBITS
IDENTIFIED BY GRESSETT AND CAP

Hours

Rate

Amount

CAP Objections

Gressett Reply

1.3

170.00

$221.00

2.0

380.00

$760.00 Internal Conference

Attorney Cook's 2.0 time entry to
assess the case going forward is not
an internal conference. Attorney
Blair did not bill for this discussion
with Attorney Cook.

0.4

380.00

$152.00 Duplicative of 11/20/14
entry

2.0

380.00

$760.00 Internal Conference

Attorney Blair's .4 time entry to
continue work on the joint pretrial,
after input from CAP, is not
duplicative of his efforts one week
earlier.
Attorney Blair's 2.0 time entry to
strategize with Attorney Cook
about the trial exhibits and
witnesses is an internal conference,
but it is one of the key times in a
litigation process when a
conference is permitted, for billing
purposes, because it insures both
attorneys are on the same page.

11-24-2014 L. SIMONINI RESEARCH TO IDENTIFY FINAL JURY
INSTRUCTIONS APPROVED BY JUDGE
TEILBORG OR RELATING TO FMLA MATTERS

3.3

170.00

$561.00 Vague, excessive

11-24-2014 L. SIMONINI STUDY E-MAIL FROM CAP PARALEGAL
REGARDING DUPLICATE TRIAL EXHIBITS
11-24-2014 L. SIMONINI STUDY SECOND E-MAIL FROM CAP
PARALEGAL REGARDING DUPLICATE TRIAL
EXHIBITS
11-24-2014 L. SIMONINI CONTINUED RESEARCH TO IDENTIFY
TRIALS THAT CAP ATTORNEYS HAVE
CHAIRED

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

2.7

170.00

11-21-2014

J. BLAIR

WORK WITH T. COOK ON PRETRIAL
STRATEGY, TALK THROUGH EXHIBITS AND
WITNESSES

$459.00 Excessive

Paralegal Simonini's 3.3 time entry,
to document her assignment to
identify FMLA jury instructions
approved by Judge Teilborg's other
trials is neither vague or excessive.
It is what paralegals should be
doing when assigned similar
responsbilities by the trial attorney.

Paralegal Simonini's .1 time entry
to review an email from CAP's
paralegal is not excessive billing.
Paralegal Simonini's 2.7 time entry
to attempt to determine the trial
experience of CAP's attorneys is
not excessive. It is good legal
preparation.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

11-24-2014

J. BLAIR

11-24-2014

Description

J. BLAIR

REVIEW AND DICTATE OBJECTIONS TO
EXHIBITS

Hours

Rate

Amount

CAP Objections

1.3

380.00

$494.00 Duplicative of L.
Simonini entry on
11/21/14

REVIEW JURY INSTRUCTIONS, PREPARE
INSTRUCTION PACKAGE AND RELATED
PARALEGAL ASSIGNMENT REGARDING
JUDGE TEILBORG'S INSTRUCTIONS
11-24-2014
J. BLAIR
MAKE REVISIONS TO JOINT PRETRIAL
STATEMENT
11-25-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF T.
DELGADO TO IDENTIFY POTENTIAL
DEPOSITION DESIGNATIONS

1.5

380.00

$570.00

0.5

380.00

$190.00

1.7

170.00

$289.00 Excessive, unnecessary
because no designations
were made

11-25-2014 L. SIMONINI STUDY CLIENT'S DEPOSITION TO IDENTIFY
POTENTIAL DEPOSITION DESIGNATIONS

3.7

170.00

$629.00 Excessive, unnecessary
because no designations
were made

11-25-2014

REVIEW NINTH CIRCUIT JURY
INSTRUCTIONS AND DRAFT INSTRUCTIONS
FOR FMLA CLAIM
11-26-2014 L. SIMONINI ADDRESS ISSUES REGARDING JOINT
PROPOSED JURY INSTRUCTIONS
11-26-2014 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR
REGARDING JOINT PRETRIAL ORDER AND
ASSOCIATED FILINGS

2.1

380.00

$798.00

2.2

170.00

$374.00

0.5

170.00

$85.00 Internal Conference

11-26-2014 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING JOINT PRETRIAL ORDER
11-26-2014 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING DRAFT JURY INSTRUCTIONS
11-26-2014 L. SIMONINI STUDY DEPOSITION TRANSCRIPT OF M.
RUZICH TO IDENTIFY DEPOSITION
DESIGNATIONS

0.1

170.00

$17.00

0.1

170.00

$17.00

2.1

170.00

Gressett Reply

J. BLAIR

$357.00 Excessive, unnecessary
because no designations
were made

Attorney Blair's 1.3 time entry to
dictate objections to CAP's
proposed exhibits is not duplicative
of Paralegal Simonini's
responsbilities associated with
gathering and documenting those
exhibits.

Paralegal Simonini's 1.7 time entry
was necessary if Delgado did not
testify. The work was performed
for that eventuality. It was not
excessive.
Paralegal Simonini's 3.7 time entry
to identify deposition designations
by review plaintiff Gressett's
deposition was not excessive. The
work was completed in anticipation
of witnesses who would not testify.

Paralegal Simonini's .5 time entry
to review pretrial materials with
Attorney Blair was not an internal
conference. No one else billed for
this time.

Paralegal Simonini's 2.1 time entry
to study the Ruzich transcript and
identify deposition designations
was not excessive. It was
necessary because at the pretrial
time it was unclear whether Ruzich
would testify.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

11-26-2014 L. SIMONINI STUDY DEPOSITION OF M. LUDKE TO
IDENTIFY POTENTIAL DEPOSITION
DESIGNATIONS

1.3

170.00

$221.00 Excessive, unnecessary
because no designations
were made

11-26-2014

T. COOK

1.8

380.00

J. BLAIR

1.1

380.00

$418.00 Duplicative of T. Cook
entry on 11/26/14

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$684.00

11-26-2014

Gressett Reply

$190.00

STUDY MODEL JURY INSTRUCTIONS, EDIT
DRAFT JURY INSTRUCTIONS, SEND TO
DEFENDANT FOR EDITS
REVISE JURY INSTRUCTIONS

11-26-2014

J. BLAIR

PREPARE STATEMENT OF THE CASE

0.5

380.00

11-26-2014

J. BLAIR

ARRANGE PRETRIAL PACKAGE TO T. COOK
FOR REVIEW AND TRANSMISSION TO CAP'S
ATTORNEY

0.0

380.00

11-26-2014

J. BLAIR

PLAN FOR FILING OF JOINT PRETRIAL, AND
RELATED EMAIL COMMUNICATIONS WITH
T.COOK

0.4

380.00

11-26-2014

T. COOK

WORK ON VOIR DIRE

11-28-2014 L. SIMONINI STUDY DRAFT JOINT PRETRIAL ORDER TO
IDENTIFY ADDITIONS IN ADVANCE OF
FILING SAME

$0.00 Clerical

$152.00 Internal Conference

1.0

380.00
170.00

$187.00 Excessive, duplicative of
10/18/12, 1/14/14,
10/2/14, 10/3/14,
10/20/14, 10/22/14,
10/31/14, 11/3/14,
11/4/14, 11/5/14,
11/6/14, 11/7/14,
11/10/14, 11/11/14,
11/12/14, 11/14/14,
11/17/14, 11/18/14,
11/19/14, 11/20/14,
11/21/14, and 11/26/14
entries

Attorney Blair's 1.1 time entry to
revise jury instructions is
supplemental to Attorney Cook's
work in this area. It is not
duplicative.
Attorney Blair's .2 time entry to
Clerical
arrange for Attorney Cook's review
of the draft pretrial package was
not clerical. Attorney Blair
reviewed the package to his
satisfaction and had it transmitted
to Attorney Cook.
Attorney Blair's .4 time entry to
plan for the joint pretrial and send a
related email to Attorney Cook was
not an internal conference.
Attorney Cook did not bill for this
time entry.

$380.00

1.1

Paralegal Simonini's 1.3 time entry
to identify potential designations
for Ludke was not excessive. It
was unknown at that time whether
Ludke would testify.

Paralegal Simonini's 1.1 time entry
to review the draft pretrial order
and suggest additions before filing
is not excessive. It is supplemental
to the prior work and critical at this
stage of the pretrial preparation.

Date

Attorney

Description

11-28-2014 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION
REGARDING M. COOK TO IDENTIFY
DEPOSITION DESIGNATIONS

Hours

2.3

Rate

Amount

CAP Objections

170.00

$391.00 Excessive, unnecessary
because no designations
were made

11-28-2014

T. COOK

EDIT VOIR DIRE

1.0

380.00

T. COOK

0.2

380.00

$76.00

11-28-2014

J. BLAIR

0.3

380.00

$114.00

11-29-2014

T. COOK

0.3

380.00

$114.00

11-29-2014

J. BLAIR

EDIT AND DIRECT CORRECTIONS FOR
VERDICT FORMS
EMAIL COMMUNICATIONS WITH T.COOK
AND CAP'S ATTORNEY REGARDING JOINT
PRETRIAL MATERIALS
STUDY DEFENDANT'S SIXTH
SUPPLEMENTAL DISCLOSURE STATEMENT
WITH ATTACHMENTS
REVIEW EMAIL COMMUNICATIONS
REGARDING PRETRIAL MATERIALS

0.2

380.00

$76.00 Duplicative of 11/28/14
entry

11-30-2014

J. BLAIR

REVIEW EMAIL EXCHANGE REGARDING
JOINT PRETRIAL FILINGS

0.2

380.00

$76.00 Duplicative of above

12-01-2014 L. SIMONINI CONFERENCE CALL ATTORNEYS COOK,
BLAIR AND CAP ATTORNEYS REGARDING
JOINT PRETRIAL FILINGS

1.8

170.00

$306.00 Excessive

12-01-2014 L. SIMONINI ASSIST WITH PREPARATION AND
FINALIZATION OF JOINT PRETRIAL
STATEMENT
12-01-2014 L. SIMONINI ASSIST WITH PREPARATION AND
FINALIZATION OF JOINT PROPOSED JURY
INSTRUCTIONS

2.2

170.00

$374.00

1.6

170.00

$272.00

Paralegal Simonini's 2.3 time entry
to identify deposition designations
for Mike Cook is not excessive. At
this point of the case it was unclear
whether Mike Cook would testify
in person.

$380.00

11-28-2014

Gressett Reply

Attorney Blair's .2 time entry to
study email communications
relating to the pretrial materials is
not duplicative of any other entry.
It is supplemental.
Attorney Blair's .2 time entry to
study a separate email exchange
between the parties relating to the
joint pretrial statement is not
duplicative of any other time entry.
Paralegal Simonini's 1.8 time entry
for an extended conference call
with Attorneys Cook and Blair and
the CAP attorneys regarding the
joint pretrial filing is not excessive.
Paralegal Simonini was
instrumental in the joint pretrial
effort and critical to the discussion
with opposing counsel.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

12-01-2014 L. SIMONINI DRAFT VERDICT FORMS

0.6

170.00

12-01-2014 L. SIMONINI ASSIST WITH PREPARATION AND
FINALIZATION OF STIPULATED-TO
DESCRIPTION OF CASE
12-01-2014 L. SIMONINI ASSIST WITH PREPARATION AND
FINALIZATION OF JOINT PROPOSED VOIR
DIRE
12-01-2014 L. SIMONINI DRAFT THREE E-MAILS TO CAP ATTORNEY
REGARDING JOINT PRETRIAL STATEMENT
AND ASSOCIATED FILINGS

0.4

170.00

$68.00

1.2

170.00

$204.00

0.3

170.00

12-01-2014 L. SIMONINI STUDY NINE E-MAILS FROM CAP ATTORNEY
REGARDING JOINT PRETRIAL STATEMENT
AND ASSOCIATED FILINGS

0.6

170.00

$102.00 Excess billing for email
exchange

12-01-2014 L. SIMONINI CONTINUE DRAFTING CONTENTIONS TO BE
INCLUDED IN JOINT PRETRIAL STATEMENT
12-01-2014
J. BLAIR
MAKE REVISIONS TO JOINT PRETRIAL
STATEMENT, INSTRUCTIONS

1.2

170.00

$204.00

2.8

380.00

$1,064.00 Duplicative of T. Cook
entry on 12/1/14

12-01-2014

8.6

380.00

$3,268.00

1.2

170.00

T. COOK

WORK ON EDITS AND FINAL OF ALL PRETRIAL FILES DUE TO THE COURT
12-02-2014 L. SIMONINI STUDY FINAL JOINT PRE TRIAL ORDER TO
IDENTIFY ISSUES TO BE ADDRESSED AT
PRETRIAL CONFERENCE

$102.00 Duplicative of T. Cook
entry on 11/28/14

Gressett Reply

$51.00 Excessive billing for
email exchange

$204.00 Excessive

Paralegal Simonini's .6 time entry
to draft a verdict form is not
duplicative, but supplemental to a
time entry by Attorney Cook.
Paralegal Simonini's instruction
was to prepare a verdict form in
light of the discussions with
opposing counsel.

Paralegal Simonini's .3 time entry
to draft 3 emails to CAP's counsel
is not excessive billing. This is .1
per email.
Paralegal Simonini's .6 time entry
to review 9 emails from CAP's
counsel is not excessive billing.
That is less than .1 billing per email
reviewed.

Attorney Blair's 2.8 time entry to
revise the joint pretrial statement
and related instructions is not
duplicative of any time entry by
Attorney Cook. It is a split of
effort by Plaintiff Gressett's
attorneys.

Paralegal Simonini's 1.2 time entry
to review the final joint pretrial
order to identify issues to be
addressed at the pretrial conference
is not excessive. It is what the
paralegal was assigned to do in
light of the communications
between counsel and the upcoming
pretrial conference.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

12-02-2014 L. SIMONINI INTERNET RESEARCH REGARDING CLIENT
TO IDENTIFY POTENTIAL CROSS
EXAMINATION MATERIALS

2.3

170.00

$391.00 Vague, excessive

12-02-2014

1.1

380.00

$418.00

1.7

170.00

$289.00

1.8

170.00

$306.00

2.7

170.00

$459.00

0.3

380.00

$114.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

12-04-2014 L. SIMONINI ADDRESS ISSUES REGARDING PRETRIAL
CONFERENCE

1.3

170.00

$221.00 Vague

12-04-2014 L. SIMONINI IDENTIFY AND PREPARE MATERIALS FOR
ATTORNEY USE AT FINAL PRETRIAL
CONFERENCE

3.6

170.00

$612.00 Duplicative of L.
Paralegal Simonini's 3.6 time entry
Simonini 12/3/14 entries, to pull and prepare materials for
excessive
attorneys at the final pretrial
conference is not duplicative of any
other work by Paralegal Simonini.
It is a continuation of that work. It
is also not excessive, but necessary.

J. BLAIR

12-03-2014 L. SIMONINI

12-03-2014 L. SIMONINI

12-03-2014 L. SIMONINI

12-03-2014

J. BLAIR

12-04-2014 L. SIMONINI
12-04-2014 L. SIMONINI

STUDY CAP'S VERDICT FORM AND
ARGUMENTS MADE IN JOINT PRETRIAL
STATEMENT
PREPARE COLLECTION OF CAP TRIAL
EXHIBITS FOR ATTORNEY USE AT PRETRIAL
CONFERENCE
PREPARE COLLECTION OF CLIENT'S TRIAL
EXHIBITS FOR ATTORNEY USE AT PRETRIAL
CONFERENCE
UPDATE DEPOSITION NOTEBOOKS FOR
ATTORNEY USE IN PREPARING FOR
PRETRIAL CONFERENCE
ANALYZE ISSUES RAISED BY CAP'S
CONTENTIONS IN THE JOINT PRETRIAL
STATEMENT
DRAFT E-MAIL TO CLIENT [Privileged
Communication]
STUDY E-MAIL FROM CLIENT [Privileged
Communication]

Paralegal Simonini's 2.3 time entry
describes an assignment sheet given
to identify potential crossexamination materials that CAP's
counsel could use against Plaintiff
Gressett. It is neither vague nor
excessive, but critical for trial
presentation.

Paralegal Simonini's .1 time entry
to review an email from Plaintiff
Gressett is not excessive billing.
Paralegal Simonini's 1.3 time entry
to review issues in anticipation of
the pretrial conference is not vague.
It is an assignment paralegals
would routinely be given at this
stage of litigation.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

12-04-2014 L. SIMONINI INTERNET RESEARCH TO IDENTIFY
INFORMATION REGARDING WITNESS CRANE

0.5

170.00

12-05-2014 L. SIMONINI STUDY LUDKE AND RUZICH DEPOSITIONS
TO IDENTIFY TESTIMONY REGARDING
TERMINATION COMMITTEE

3.4

170.00

$578.00 Excessive, duplicative

12-05-2014

STUDY JOINT PRETRIAL MATERIALS AND
PREPARE SUMMARY FOR MONDAY
CONFERENCE
12-08-2014 L. SIMONINI CONFERENCE WITH ATTORNEY BLAIR,
ATTORNEY COOK AND CLIENT [Privileged
Communication]

2.1

380.00

$798.00

3.6

170.00

$612.00 Duplicative of T. Cook
12/8/14 entry

12-08-2014 L. SIMONINI STUDY DEPOSITIONS OF MODEER, COOK
AND DELGADO TO IDENTIFY TESTIMONY
WHEREIN CAP INSTRUCTED WITNESSES NOT
TO RESPOND REGARDING TERMINATION
COMMITTEE
12-08-2014
T. COOK
MEET AND CONFER WITH CLIENT AND
TRIAL TEAM [Privileged Communication]
12-08-2014
J. BLAIR
REVIEW PRETRIAL NOTES FOR TELEPHONE
CALL WITH A. GRESSETT TODAY

3.9

170.00

$663.00

3.6

380.00

$1,368.00

0.2

380.00

$76.00

Gressett Reply

J. BLAIR

$85.00

Paralegal Simonini's 3.4 time entry
to review the Ludke and Ruzich
depositions for their testimony
relating to the termination
committee is neither excessive nor
duplicative. This was an
assignment for Paralegal Simonini
to pull together CAP's human
resource testimony relating to
plaintiff Gressett's termination,
which was critical to the case.

Paralegal Simonini's 3.6 time entry
for a conference with attorneys
Blair and Cook and plaintiff
Gressett is not duplicative of a time
entry by Attorney Cook. This was
another stage in the proceeding,
just prior to the pretrial conference
where the attorneys and plaintiff
Gressett reviewed their case and the
presentation of that case.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

12-08-2014

J. BLAIR

PORTION OF EXTENDED TELEPHONE CALL
WITH A. GRESSETT [Privileged Communication]

Hours

Rate

Amount

CAP Objections

Gressett Reply

2.9

380.00

$1,102.00 Excessive, duplicative of Attorney Blair's 2.9 time entry for
T. Cook 12/8/14 entry
the pretrial phone conference
between attorneys and plaintiff
Gressett prior to the hearing before
the judge is not excessive or
duplicative, but critically necessary
at this stage of the proceeding.
Attorney Blair billed for his portion
of that extended conference.

12-09-2014 L. SIMONINI IDENTIFY AND PREPARE MATERIALS TO
SUPPORT MOTIONS IN LIMINE FOR
ATTORNEY USE AT FINAL PRETRIAL
CONFERENCE

2.1

170.00

$357.00 Duplicative of 12/4/14
entry

12-09-2014 L. SIMONINI ADDRESS ISSUES REGARDING DOCUMENTS
SUPPORTING PURPORTED FAILURE TO
MITIGATE

2.7

170.00

$459.00 Vague

12-09-2014 L. SIMONINI STUDY CLIENT'S DEPOSITION TO ADDRESS
TESTIMONY REGARDING MITIGATION

3.1

170.00

$527.00 Excessive, duplicative

Paralegal Simonini's 3.1 time entry
to review plaintiff Gressett's
deposition transcript on the
mitigation issue is neither excessive
nor duplicative. It was anticipated
this would be CAP's key defense
against plaintiff Gressett.

12-09-2014

J. KLECAN

STRATEGY CONFERENCE WITH ATTORNEY
COOK REGARDING JURY VS NON-JURY

1.0

380.00

$380.00 Internal Conference

12-09-2014

T. COOK

ASSESS STRENGTH OF CASE BEFORE JURY
VS JUDGE TO AID WITH DECISION ON HOW
BEST TO PROCEED

1.6

380.00

$608.00 Internal Conference

Attorney Klecan's 1.0 time entry to
discuss with Attorney Cook
whether the case should be heard
by a jury or not is not an internal
conference. No one else billed for
that time.
Attorney Cook's 1.6 time entry to
analyze whether the case was better
presented to a jury or a judge is not
an internal conference. It is an
analysis separate from her
discussion with attorney Klecan.

Paralegal Simonini's 2.1 time entry
to pull materials supporting the
motions in limine for use at the
final pretrial conference is not
duplicative of any earlier effort by
Paralegal Simonini. It is what she
did just prior to the conference.
Paralegal Simonini's 2.7 time entry
to pull materials relating to CAP's
defense that plaintiff Gressett failed
to mitigate her damages for review
prior to the joint pretrial statement
is not vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

12-09-2014

Description

J. BLAIR

Hours

Rate

Amount

CAP Objections

Gressett Reply

STUDY CASES CITED BY CAP FOR
MITIGATION ISSUE
12-09-2014
J. BLAIR
RESEARCH MITIGATION ISSUE IN NINTH
CIRCUIT, PULL AND REVIEW PORTION OF
KEY CASES
12-10-2014 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
MATERIALS FOR ATTORNEY USE AT FINAL
PRETRIAL CONFERENCE

1.1

380.00

$418.00

1.3

380.00

$494.00

3.1

170.00

12-10-2014 L. SIMONINI ADDRESS ISSUES REGARDING WITNESS
RORY CRANE AND POTENTIAL ISSUES WITH
HIS TESTIMONY

0.3

170.00

$527.00 Excessive, duplicative of Paralegal Simonini's 3.1 time entry
L. Simonini 12/9/14 entry to identify and pull additional
materials for use at the final pretrial
conference is neither excessive nor
duplicative. It was an assignment
given to her just prior to the
conference.
$51.00 Vague
Paralegal Simonini's .3 time entry
to aid in the decision whether Rory
Crane would testify is not vague.

12-10-2014 L. SIMONINI ADDRESS ISSUES REGARDING TRIAL
WITNESSES THAT HAVE NOT BEEN
DISCLOSED

0.3

170.00

12-10-2014 L. SIMONINI STUDY DISCLOSURE DOCUMENTS TO
IDENTIFY RECORDS NEEDED FOR DAMAGES
ANALYSIS
12-10-2014 L. SIMONINI STUDY TRIAL EXHIBITS TO IDENTIFY
DOCUMENTS WHICH MAY SUPPORT RUSS
HERD TESTIMONY REGARDING CLIENT'S
PERFORMANCE

1.3

170.00

$221.00

1.0

170.00

$170.00 Excessive

Paralegal Simonini's 1.0 time entry
to pull and identify documents
which would be used if Russ Herd
testified is not excessive. Mr. Herd
was a potential witness for the
December 28 and December 29
Gressett absences.

12-10-2014

T. COOK

NOTES TO FILE ON THEORY TO EXPLORE
BEHIND FINAL CHOICE OF BENCH VS JURY

0.3

380.00

$114.00 Internal Conference

12-10-2014

J. KLECAN

CONFERENCE WITH ATTORNEY BLAIR
REGARDING TRIAL, JURY, STRATEGY,
CLIENT INVOLVEMENT

1.5

380.00

$570.00 Internal Conference

Attorney Cook's .3 time entry to
prepare a note regarding whether
this matter should be a bench or
jury trial is not an internal
conference. No one else billed for
that time.
Attorney Klecan's 1.5 time entry to
strategize with Attorney Blair
about the trial presentation and
Plaintiff Gressett's involvement in
that presentation is not an internal
conference. No one else billed for
this time.

$51.00 Vague

Paralegal Simonini's .3 time entry
to identify for the trial attorneys
whether all potential witnesses
were disclosed by the parties is not
vague.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

12-10-2014

Description

J. BLAIR

STUDY CASE LAW ADDRESSING
MITIGATION OF DAMAGES, EMAIL
EXCHANGE WITH A. GRESSETT [Privileged
Communication]
12-10-2014
J. BLAIR
STUDY GRESSETT'S DEPOSITION TESTIMONY
REGARDING MITIGATION
12-11-2014 L. SIMONINI ADDRESS ISSUES REGARDING DEFENDANT'S
REQUIREMENT TO PROVE FAILURE TO
MITIGATE DAMAGES

Hours

Rate

Amount

CAP Objections

Gressett Reply

1.5

380.00

$456.00 Block Billing

First time entry (1.3); second time
entry (.2).

0.7

380.00

$266.00

3.2

170.00

$544.00 Vague, excessive

12-11-2014 L. SIMONINI BEGIN STUDY OF DISCLOSURE RECORDS TO
IDENTIFY THOSE THAT DEFENDANT MAY
USE TO PROVE FAILURE TO MITIGATE
DAMAGES

2.9

170.00

Paralegal Simonini's 3.2 time entry
to determine whether, and to what
extent, CAP had the burden to
establish plaintiff Gressett's failure
to mitigate is neither vague nor
excessive.
$493.00 Excessive, duplicative of Paralegal Simonini's 2.9 time entry
J. Blair on 12/11/14
to review the disclosed records to
identify those that CAP could use
to establish failure to mitigate is
neither excessive nor duplicative of
any effort by Attorney Blair on that
score. See time entry below.

12-11-2014 L. SIMONINI STUDY CAP DOCUMENTS TO IDENTIFY
THOSE THAT MAY BE USED FOR CROSSEXAMINATION
12-11-2014
J. BLAIR
REVIEW CAP'S EXHIBITS, CLIP THOSE
HELPFUL TO THE MITIGATION ISSUE
12-12-2014 L. SIMONINI IDENTIFY MOTION IN LIMINE MATERIALS
FOR ATTORNEY USE AT FINAL PRETRIAL
CONFERENCE

1.7

170.00

$289.00

1.2

380.00

$456.00

1.1

170.00

$187.00 Duplicative of entry on
12/9/14

12-12-2014 L. SIMONINI WESTLAW RESEARCH TO IDENTIFY ALL
CASELAW CITED IN MOTIONS IN LIMINE FOR
ATTORNEY USE IN PREPARING FOR FINAL
PRETRIAL CONFERENCE

2.3

170.00

12-15-2014 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
DOCUMENTS FOR USE AT FINAL PRETRIAL
CONFERENCE
12-15-2014
J. BLAIR
STUDY JOINT PRETRIAL AND MOTIONS IN
LIMINE

0.6

170.00

$102.00

1.1

380.00

$418.00

Paralegal Simonini's 1.1 time entry
to segregate motion in limine
materials for attorney use at the
final pretrial conference is not
duplicative of any prior time entry.
This effort was specifically for the
conference.
$391.00 Excessive, duplicative of Paralegal Simonini's 2.3 time entry
10/16/14, 10/17/14,
to pull research related to the
10/20/14, 11/10/14,
motions in limine is neither
11/12/14, 11/13/14 and excessive nor duplicative. This
12/9/14 entries
was an assignment specifically
given to Paralegal Simonini for the
final pretrial conference, and is not
duplicative of the earlier
assignment months prior.

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

12-16-2014 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
MATERIALS FOR ATTORNEY USE AT FINAL
PRETRIAL CONFERENCE

1.2

170.00

$204.00 Duplicative of L.
Paralegal Simonini's 1.2 time entry
Simonini 12/15/14 entry to assist the attorney by identifying
and pulling additional material for
the final pretrial conference is not
duplicative of efforts, but a
continuation of those efforts.

12-16-2014 L. SIMONINI STUDY CAP'S TRIAL EXHIBITS TO IDENTIFY
DOCUMENTS THEY MAY USE REGARDING
MITIGATION OF DAMAGES

5.7

170.00

$969.00 Duplicative of J. Blair
entry on 12/11/14,
Excessive

12-16-2014

REVIEW JOINT PRETRIAL ORDER AND
FILINGS IN ADVANCE OF HEARING IN THE
MORNING BEFORE JUDGE TEILBORG
12-16-2014
T. COOK
BEGIN STUDY OF MOTIONS IN LIMINE,
REPLIES AND SUPPORTING CASE LAW IN
PREPARATION FOR FINAL PRE-TRIAL
CONFERENCE
12-17-2014 L. SIMONINI ATTEND FINAL PRETRIAL CONFERENCE

1.2

380.00

$456.00

1.5

380.00

$570.00

1.0

170.00

12-17-2014 L. SIMONINI CONFERENCE WITH ATTORNEY COOK AND
ATTORNEY BLAIR REGARDING FINAL
PRETRIAL CONFERENCE AND ISSUES TO BE
PRESENTED AT TRIAL

1.6

170.00

$170.00 Duplicative of attorney's Paralegal Simonini's 1.0 time entry
attendance
to attend the final pretrial
conference is not duplicative. The
paralegal role is critical to the
pretrial and subsequent trial.
$272.00 Internal Conference
Paralegal Simonini's 1.6 time entry
to meet with Attorneys Cook and
Blair to review what needed to be
presented at trial after the final
pretrial conference is not an
internal conference. It is a key
opportunity to get the litigation
team on one page, immediately
after the pretrial conference. This
conference, like the others
involving members of the litigation
team was approved by Plaintiff
Gressett.

J. BLAIR

Paralegal Simonini's 5.7 time entry
to identify CAP's trial exhibits on
the mitigation issue is not
duplicative of Attorney Blair's
entry five days earlier, but
supplemental to those efforts. It is
also not excessive, but critical to
this case.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

12-17-2014 L. SIMONINI BEGIN STUDY OF TRIAL EXHIBITS TO
IDENTIFY DOCUMENTS SUPPORTING
TIMELINE IN LIGHT OF JUDGE OPENING
CASE FACTS

4.8

170.00

12-17-2014

T. COOK

3.0

380.00

$1,140.00

12-17-2014

T. COOK

FINAL PREPARATIONS FOR FINAL PRETRIAL
CONFERENCE
ATTEND FINAL PRETRIAL CONFERENCE

1.0

380.00

$380.00

12-17-2014

T. COOK

0.2

380.00

$76.00

12-17-2014

J. BLAIR

0.2

380.00

$76.00

12-17-2014

J. BLAIR

STUDY COURT'S MINUTE ENTRY
REGARDING FINAL PRETRIAL CONFERENCE
REVIEW JOINT PRETRIAL NOTEBOOK
BEFORE HEARING
HEARING BEFORE JUDGE TEILBORG
REGARDING PENDING MOTIONS AND
SETTING TRIAL DATE FOR 3/23/15

1.0

380.00

$380.00 Duplicative of attorney's Attorney Blair's 1.0 time entry to
attendance
attend the pretrial conference. It is
not duplicative of Attorney Cook's
time entry for that conference. It is
critical that the trial attorneys and
their paralegal, i.e., the litigation
team, be present and understand the
final pretrial conference rulings.
Plaintiff Gressett approved the
separate billings for this 1.0 time
entry.

12-17-2014

J. BLAIR

PLAN LITIGATION GOING FORWARD, WITH T.
COOK AND L. SIMONINI

0.8

380.00

$304.00 Internal Conference

12-17-2014

J. BLAIR

0.1

380.00

$38.00

12-17-2014

J. BLAIR

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
REVIEW COURT ORDERS FROM HEARING
THIS AM

0.1

380.00

$38.00 Duplicative of T. Cook
12/17/14 entry

$816.00 Excessive, vague

Paralegal Simonini's 4.8 time entry
to identify exhibits key to the
litigation timeline is neither
excessive nor vague. This
assignment came directly from
Judge Tielborg's statements during
the final pretrial conference.

Attorney Blair's .8 time entry to
plan the litigation going forward
after the final pretrial conference
with Attorney Cook and Paralegal
Simonini is not an internal
conference. As noted above, this is
one of the key moments in trial
preparation when the entire
litigation team should be present
and aware of the rulings.

Attorney Blair's .1 time entry to
review Court rulings from earlier in
the day is not duplicative of
Attorney Cook's review. Both
attorneys needed to understand the
Court's rulings.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

12-17-2014

J. BLAIR

Description

CONFIRM OFFER OF JUDGMENT NOT
AVAILABLE TO PLAINTIFF IN FEDERAL
COURT

Hours

Rate

Amount

CAP Objections

0.3

380.00

12-18-2014 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
ADVISING OF TRIAL DATE

0.1

170.00

$17.00 Duplicative of J. Blair
entry on 12/18/14

12-18-2014 L. SIMONINI DRAFT E-MAIL TO EXPERT BJORKLUND
ADVISING OF TRIAL DATE

0.1

170.00

$17.00 Duplicative of J. Blair
entry on 12/18/14

12-18-2014 L. SIMONINI STUDY TRIAL EXHIBITS TO IDENTIFY
DOCUMENTS SUPPORTING TIMELINE IN
LIGHT OF JUDGE OPENING CASE FACTS

4.1

170.00

$697.00 Duplicative of 12/17/14
entry, excessive, vague

12-18-2014

J. BLAIR

0.2

380.00

12-18-2014

J. BLAIR

0.4

380.00

NOTIFY EXPERTS OF TRIAL DATES,
CONFIRM AVAILABILITY
CONSIDER PRETRIAL OPTIONS FOR
ADVISING THE COURT OF THE LIMITED
ISSUES TO BE TRIED

$114.00 Vague

Gressett Reply

Attorney Blair's .3 time entry to
review whether an offer of
judgment would be appropriate
from a plaintiff in a federal court
proceeding is not vague. (It is not
available).
Paralegal Simonini's .1 time entry
to prepare an email to Expert
McRae is not duplicative of any
time entry by Attorney Blair. The
email was separately sent, whereas
Attorney Blair contacted the
experts himself.
Paralegal Simonini's .1 time entry
to send an email to Expert
Bjorklund is not duplicative of any
other time entry. See above.
Paralegal Simonini's 4.1 time entry
to review the trial exhibits and
update the litigation timeline after
Judge Tielborg's rulings at the final
pretrial is not duplicative of
Paralegal Simonini's earlier efforts,
but supplements them. The
litigation team was aware after the
final pretrial conference that the
case presentation would be
substantially greater than the team
anticipated before the conference.

$76.00
$152.00 Vague

Attorney Blair's .4 time entry to
investigate options for filings with
the court to revisit the idea of a
limited trial presentation is not
vague. As noted above, this was a
key matter for trial after Plaintiff
Gressett's position that only a
limited case should be tried was
rejected by the Court.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

12-19-2014 L. SIMONINI CONTINUE STUDY OF TRIAL EXHIBITS TO
IDENTIFY PERTINENT TIMELINE
DOCUMENTS

2.8

170.00

12-19-2014

J. BLAIR

PULL AND REVIEW CASELAW REGARDING
DAMAGES, PRETEXT

0.5

380.00

12-19-2014

T. COOK

STUDY CASE LAW AND STATUTES
REGARDING FMLA CLAIMS, DAMAGES,
DEFENSES, REBUTTALS

3.1

380.00

12-22-2014 L. SIMONINI STUDY DELGADO TRANSCRIPT TO IDENTIFY
ISSUES REGARDING MITIGATION

2.6

170.00

$442.00 Excessive

12-22-2014 L. SIMONINI STUDY CAP'S JURY INSTRUCTIONS TO
IDENTIFY ISSUES WITH SAME REGARDING
MITIGATION

1.3

170.00

$221.00 Excessive, only 1
Paralegal Simonini's 1.3 time entry
instruction on mitigation to address CAP's jury instruction
regarding mitigation is not
excessive. While there was a single
mitigation instruction, it was not a
form instruction and Paralegal
Simonini was tasked to see what, if
any, support there was for CAP's
proposed instruction.

12-22-2014

0.8

380.00

$304.00

J. BLAIR

STUDY CASELAW REGARDING LIQUIDATED
DAMAGES, BURDEN AND PROOF
REQUIREMENTS

$476.00 Duplicative of 12/14/17
entry, excessive

Paralegal Simonini's 2.8 time entry
to identify pertinent timeline
documents is not duplicative of
earlier time entries or excessive, it
is a continuation of the tasks
assigned to her after the final
pretrial conference.
$190.00 Duplicative of T. Cook
Attorney Blair's .5 time entry to
entry on 12/19/14
review case law relating to the
issues of damages and pretext is not
duplicative of any time entry by
Attorney Cook, but supplements
any such time entries.
$1,178.00 Duplicative of 6/10/13, Attorney Cook's 3.1 time entry to
6/28/13, 8/8/13, 8/30/13, review case law and statutes
1/27/14, 10/2/14,
relating to FMLA claims, damages,
10/24/14, 12/10/14, and defenses and rebuttals is not
12/16/14 entries
duplicative of her earlier efforts.
There was now a clarity as to how
the case would be presented after
the final pretrial conference.
Paralegal Simonini's 2.6 time entry
to study the Delgado transcript
relating to mitigation issues is not
excessive. It is a logical paralegal
task, and this was the time
necessary to perform that task.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

12-23-2014 L. SIMONINI STUDY DEPOSITION OF LUDKE TO ADDRESS
ISSUES REGARDING CLIENT'S MITIGATION
DAMAGES

2.7

170.00

$459.00 Excessive

Paralegal Simonini's 2.7 time entry
to review the Ludke deposition as it
relates to mitigation, is not
excessive. Mitigation became a
key issue at trial.

12-23-2014 L. SIMONINI STUDY DEPOSITION OF CLIENT TO IDENTIFY
ISSUES REGARDING CLIENT'S MITIGATION
DAMAGES

3.1

170.00

$527.00 Excessive

Paralegal Simonini's 3.1 time entry
to review the Gressett deposition as
it relates to the mitigation issue is
not excessive, but key to an issue in
the case.

12-28-2014

STUDY AND HIGHLIGHT KEY PROVISIONS
FROM COURT'S FINAL PRE-TRIAL MINUTE
ENTRY
01-05-2015 L. SIMONINI PULL CASE LAW REQUESTED BY
ATTORNEYS BLAIR AND COOK FOR USE IN
TRIAL MEMORANDUM

0.1

380.00

1.3

170.00

$221.00 Vague, excessive - no
trial memorandum
submitted or required

01-05-2015 L. SIMONINI STUDY CAP'S VOLUMINOUS DISCOVERY
RESPONSES TO IDENTIFY ITEMS TO BE
INCLUDED IN TIMELINE

5.8

170.00

$986.00 Excessive, Duplicative of
entries on 7/23/13,
12/4/13, 12/17/14, and
12/19/14

01-06-2015 L. SIMONINI CONTINUE STUDY OF CAP'S VOLUMINOUS
DISCOVERY RESPONSES TO IDENTIFY ITEMS
TO BE INCLUDED IN TIMELINE

5.2

170.00

01-06-2015

0.5

380.00

T. COOK

J. BLAIR

STUDY FMLA PUBLICATION SENT OVER
THROUGH A. GRESSETT

$38.00

Paralegal Simonini's 1.3 time entry
to pull particular cases sought by
Attorneys Blair and Cook for use in
a trial memorandum is neither
vague nor excessive. Plaintiff
Gressett's litigation team prepared a
trial memorandum in anticipation
of seeking a directed verdict at the
end of trial. It was argued by
Attorney Blair at the end of trial.

Paralegal Simonini's 5.8 time entry
to update the timeline by reviewing
CAP's discovery responses is
neither excessive nor duplicative,
but supplemental.
$884.00 Excessive, Duplicative of Paralegal Simonini's 5.2 time entry
entries on 7/23/13,
to continue to review CAP's
12/4/13, 12/17/14, and
discovery responses to update the
12/19/14
litigation timeline is, as she says,
supplemental, neither excessive nor
duplicative.
$190.00 Background research,
Attorney Blair's .5 time entry to
duplicative of 10/16/14 review FMLA materials from
entry
Plaintiff Gressett is not background
research or duplicative of any other
time entry. When Plaintiff Gressett
provided materials to her attorneys,
they reviewed them for use at trial.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

01-07-2015 L. SIMONINI STUDY M. COOK DEPOSITION TRANSCRIPT
TO IDENTIFY TESTIMONY TO BE
INCORPORATED INTO TIMELINE
01-07-2015 L. SIMONINI DRAFT SUMMARY OF M. COOK DEPOSITION

1.7

170.00

$289.00

1.4

170.00

$238.00

01-07-2015

0.5

380.00

$190.00 Background research

01-08-2015 L. SIMONINI STUDY PLAINTIFF TRIAL EXHIBITS TO
IDENTIFY DOCUMENTS TO BE
INCORPORATED INTO TIME LINE

3.1

170.00

$527.00 Excessive

01-08-2015 L. SIMONINI STUDY CAP'S TRIAL EXHIBITS TO IDENTIFY
DOCUMENTS TO BE INCORPORATED INTO
TIMELINE

2.7

170.00

$459.00 Duplicative of 1/5/15
entry

01-08-2015 L. SIMONINI STUDY DEPOSITION EXHIBITS TO IDENTIFY
RECORDS TO BE INCORPORATED INTO
TIMELINE

2.4

170.00

$408.00 Duplicative of 12/19/13
entry

01-08-2015

STUDY RECENT DECISION REGARDING
ATTORNEYS FEES IN CIVIL RIGHTS ACTION

0.6

380.00

01-09-2015 L. SIMONINI STUDY GRESSETT'S DEPOSITION TO
IDENTIFY TESTIMONY TO BE INCLUDED IN
TIME LINE

3.7

170.00

Gressett Reply

J. BLAIR

J. BLAIR

STUDY RECENT CASES ADDRESSING NOTICE
OF FMLA LEAVE

Attorney Blair's .5 time entry to
review recent cases relating to the
notice issue is not background
research, but key to issues in this
case.
Paralegal Simonini's 3.1 time entry
to identify trial exhibits to be
included in the litigation timeline is
not excessive, but supplemental as
noted above.
Paralegal Simonini's 2.7 time entry
to review CAP's trial exhibits for
inclusion in a litigation timeline is
not duplicative of any other time
entry, but supplemental.

Paralegal Simonini's 2.4 time entry
to review deposition exhibits for
materials to be incorporated into
the litigation timeline is not
duplicative of any other time entry,
but supplemental.
$228.00 Unnecessary - this matter Attorney Blair's .6 time entry to
was not a civil rights
review a recent decision regarding
action.
the availability of attorney's fees
was relevant to this case. The
reference to a civil rights action is a
misstatement by Attorney Blair.
He was reviewing cases arising out
of the FMLA.
$629.00 Excessive, duplicative of
7/25/13, 1/8/14, 1/10/14,
1/17/14, 2/28/14,
10/24/14, and 1/8/15
entries

Paralegal Simonini's 3.7 time entry
to review plaintiff Gressett's
deposition for testimony to be
included in the litigation timeline is
not excessive or duplicative of
prior efforts, but supplemental.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

01-09-2015 L. SIMONINI CONTINUE STUDY OF TRIAL EXHIBITS TO
IDENTIFY DOCUMENTS TO BE
INCORPORATED INTO TIME LINE

2.3

170.00

01-10-2015 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF C.
ELDRIDGE AND NOTE TESTIMONY TO BE
INCLUDED IN TIME LINE
01-12-2015 L. SIMONINI STUDY GRESSETT'S ASU RECORDS
DISCLOSED BY CAP

1.9

170.00

2.3

170.00

$391.00 Excessive - records
consist of only 51 pages

01-12-2015 L. SIMONINI RESEARCH TO IDENTIFY AND CRIMINAL
CASES OR CIVIL LITIGATION FOR WITNESS
D. MODEER

1.3

170.00

$221.00 Excessive

01-12-2015 L. SIMONINI RESEARCH TO IDENTIFY AND CRIMINAL
CASES OR CIVIL LITIGATION FOR WITNESS
M. COOK

1.7

170.00

$289.00 Excessive

01-12-2015 L. SIMONINI RESEARCH TO IDENTIFY AND CRIMINAL
CASES OR CIVIL LITIGATION FOR WITNESS T.
DELGADO
01-12-2015 L. SIMONINI RESEARCH TO IDENTIFY CRIMINAL CASES
OR CIVIL LITIGATION FOR WITNESS K.
GROUSE

0.8

170.00

$136.00

1.7

170.00

$289.00 Excessive

01-13-2015 L. SIMONINI STUDY GRESSETT'S PAY RECORDS FROM
CAP'S PAYROLL SYSTEM TO IDENTIFY ITEMS
TO BE INCLUDED IN TIME LINE

2.7

Gressett Reply

170.00

$391.00 Excessive, duplicative of Paralegal Simonini's 2.3 time entry
1/8/15 entry
to "continue" her review of trial
exhibits for inclusion in the
litigation timeline is neither
excessive nor duplicative, but
supplemental.
$323.00

$459.00 Excessive

Paralegal Simonini's 2.3 time entry
to review the ASU records related
to plaintiff Gressett's degree is not
excessive. It was the time
necessary for Paralegal Simonini to
review those materials and report
them to the attorneys she worked
with.
Paralegal Simonini's 1.3 time entry
to identify any litigation associated
with witness Modeer is not
excessive. It was key to the
preparation for trial.
Paralegal Simonini's 1.7 time entry
to identify any litigation associated
with witness Mike Cook is not
excessive, but key to the
preparation for trial.

Paralegal Simonini's 1.7 time entry
to determine whether Attorney
Grouse is identified in other
litigation was not excessive. It was
not known at that point whether
Attorney Grouse would testify.
Paralegal Simonini's 2.7 time entry
to review Gressett pay records and
update the litigation timeline is not
excessive, but supplemental.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

01-14-2015 L. SIMONINI STUDY GRESSETT'S E-MAIL FILE DISCLOSED
BY CAP TO IDENTIFY CROSS EXAMINATION
MATERIALS TO BE USED FOR WITNESS
PREPARATION

2.7

170.00

$459.00 Duplicative of 8/5/13,
11/15/13, and 1/22/14
entries

01-14-2015 L. SIMONINI STUDY RECORDS FROM GRESSETT'S
FORMER EMPLOYERS FOR ITEMS TO BE
INCLUDED IN TIME LINE
01-15-2015 L. SIMONINI STUDY GRESSETT'S DEPARTMENT OF
LABOR FILE DISCLOSED BY CAP TO
IDENTIFY RECORDS TO BE CITED IN TIME
LINE

2.1

170.00

$357.00

1.4

170.00

$238.00 Duplicative of 5/22/13,
7/22/13, 12/18/13,
1/22/14 and 3/25/14
entries

01-15-2015 L. SIMONINI STUDY GRESSETT'S PERSONNEL FILE TO
IDENTIFY ITEMS TO BE CITED IN TIME LIME

3.6

170.00

$612.00 Duplicative of 7/25/13
entry

01-15-2015

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
01-15-2015
J. BLAIR
OUTLINE TRIAL BRIEF TO ADVISE JUDGE
TEILBORG OF REMAINING ISSUES
01-16-2015 L. SIMONINI STUDY DEPARTMENT OF ECONOMIC
SECURITY FILE DISCLOSED BY CAP TO
IDENTIFY RECORDS TO BE INCLUDED IN
TIME LINE

0.2

380.00

$76.00

0.3

380.00

$114.00

1.7

170.00

$289.00 Duplicative - repeatedly Paralegal Simonini's 1.7 time entry
"studied" file throughout to incorporate the DES file
case
materials into the litigation timeline
is not duplicative. (The word
"study" is not key to this analysis,
but the assignment itself.)

01-16-2015

0.3

380.00

$114.00 Excessive, internal
conference

J. BLAIR

J. BLAIR

ADDRESS HOW TO PREPARE FOR TRIAL
GIVEN THE DENIAL OF MOTION TO RESET
OTHER MATTER

Paralegal Simonini's 2.7 time entry
to review the Gressett email file in
advance of Gressett witness
preparation is not duplicative of
other efforts. Paralegal Simonini's
assignment was to determine what,
if any, cross-examination materials
might be in those files (the motion
in limine relating to this issue had
been denied.)

Paralegal Simonini's 1.4 time entry
to review the DOL file for use in
the litigation timeline is not
duplicative of any other time entry,
but supplemental.
Paralegal Simonini's 3.6 time entry
to incorporate the Gressett
personnel file into the litigation
timeline is not duplicative of any
other time entry, but supplemental.

Attorney Blair's .3 time entry
represents his analysis of whether
the trial can be efficiently prepared
given the other matter involving
Attorney Cook remaining on
calendar. It is neither excessive nor
an internal conference. No one else
billed for this evaluation.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

01-16-2015

Description

J. BLAIR

Hours

Rate

Amount

CAP Objections

Gressett Reply

STUDY FMLA NOTICE REGULATIONS,
COMPARE CHANGES OVER THE PAST 5
YEARS
01-20-2015 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF T.
DELGADO TO IDENTIFY TESTIMONY TO BE
INCLUDED IN TIMELINE

1.2

380.00

$456.00

2.3

170.00

$391.00 Excessive, duplicative of
8/16/13, 8/19/13,
8/21/13, 9/3/13, 2/26/14,
3/6/14, 3/27/14, 9/14/14,
9/25/14, 10/3/14.
11/25/14, 12/8/14,
12/22/14, and 1/12/15
entries

01-20-2015 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF D.
SIGMON TO IDENTIFY TESTIMONY FOR
TIMELINE
01-20-2015 L. SIMONINI STUDY TRANSCRIPT OF DEPOSITION OF D.
MODEER TO IDENTIFY ISSUES FOR TIMELINE

1.5

170.00

$255.00

2.4

170.00

01-20-2015 L. SIMONINI CONTINUE DRAFTING TIME LINE TO
SUPPORT TRIAL PREPARATION
01-21-2015
T. COOK
STUDY EMAIL FROM DEFENDANT
ATTORNEY REGARDING TRIAL STATUS
01-23-2015
J. BLAIR
REVIEW EMAIL EXCHANGE WITH CAP'S
ATTORNEY REGARDING PROBLEMS WITH
TRIAL DATE
01-26-2015 L. SIMONINI CONTINUE STUDY OF CAP TRIAL EXHIBITS
TO IDENTIFY EXHIBITS TO BE USED TO
CONTRADICT MITIGATION OF DAMAGES

1.0

170.00

$408.00 Excessive, duplicative of Paralegal Simonini's 2.4 time entry
9/23/14 and 12/8/14
to review the Modeer deposition
entries
for inclusion of issues in the
litigation timeline is neither
excessive nor duplicative, but
supplemental.
$170.00

0.1

380.00

$38.00

0.2

380.00

$76.00

3.9

170.00

$663.00 Excessive, duplicative "studied" several times
during case

01-26-2015 L. SIMONINI STUDY CLIENT'S TRIAL EXHIBITS TO
IDENTIFY DOCUMENTS SUPPORTING
MITIGATION OF DAMAGES

4.1

170.00

$697.00 Excessive, duplicative "studied" several times
during case

Paralegal Simonini's 2.3 time entry
to review the Delgado deposition
for inclusion of testimony in the
litigation timeline is neither
excessive, nor duplicative, but
supplemental.

Paralegal Simonini's 3.9 time entry
to continue pulling CAP trial
exhibits to contradict CAP's
mitigation defense is neither
excessive, nor duplicative, but
supplemental.
Paralegal Simonini's 4.1 time entry
to review plaintiff Gressett's trial
exhibits to counter the mitigation
defense is not excessive nor
duplicative, but supplemental.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

01-27-2015 L. SIMONINI STUDY REPORT AND SUPPLEMENTAL
REPORT OF EXPERT MCRAE TO IDENTIFY
TRIAL EXHIBITS TO SUPPORT TESTIMONY

1.2

170.00

01-29-2015

EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
01-30-2015 L. SIMONINI STUDY DEPOSITION OF CLIENT AND
CONTINUE PREPARATION OF TIMELINE FOR
USE IN TRIAL PREP

0.2

380.00

2.7

170.00

01-30-2015 L. SIMONINI STUDY CLIENT EMPLOYEE FILE FORM CAP
TO IDENTIFY PERTINENT RECORDS TO BE
INCORPORATED INTO TIMELINE

4.9

170.00

01-30-2015

EMAIL COMMUNICATIONS WITH CAP'S
ATTORNEY AND MS. GRESSETT [Privileged
Communication]
02-02-2015 L. SIMONINI STUDY M. COOK'S DEPOSITION TO IDENTIFY
PERTINENT TESTIMONY TO BE RAISED
DURING TRIAL TESTIMONY
02-03-2015 L. SIMONINI BEGIN PREPARING KEY DOCUMENTS
COLLECTION FOR ATTORNEY USE AT TRIAL

0.3

380.00

2.8

170.00

$476.00

3.7

170.00

$629.00 Duplicative of 6/5/13 and Paralegal Simonini's 3.7 time entry
11/12/13 entries
to collect key documents for trial
presentation is not duplicative of
any other time entry, particularly
those more than a year prior. The
earlier time entries relate to
identifying records for disclosure
and pretrial, not for use at trial.

02-03-2015 L. SIMONINI STUDY CLIENT'S DEPOSITION TO IDENTIFY
PERTINENT ISSUES TO BE DISCUSSED
DURING TRIAL PREPARATION SESSIONS

2.7

170.00

$459.00 Duplicative of entry on
1/30/15

J. BLAIR

J. BLAIR

$204.00 Excessive, duplicative "studied" several times
during case

Paralegal Simonini's 1.2 time entry
to review Expert McRae's report
and identify trial exhibits to
support her opinions is not
excessive nor duplicative, but a
new task (the term "study" is not
key to this analysis).

$76.00
$459.00 Excessive, duplicative "studied" several times
during case

Paralegal Simonini's 2.7 time entry
to review the Gressett deposition
for updating of the litigation
timeline is not excessive or
duplicative, but supplemental.
("Study" is not key to this
analysis.)
$833.00 Excessive, duplicative of Paralegal Simonini's 4.9 time entry
7/25/13, 9/17/14 and
to study CAP's Gressett
1/15/15 entries
employment file for inclusion in
the litigation timeline is neither
excessive nor duplicative of other
time entries, but supplemental.
$114.00 Block Billing
Time Entry 1 (.2); Time Entry 2
(.1).

Paralegal Simonini's 2.7 time entry
to review the Gressett transcript in
advance of a trial prep session with
plaintiff Gressett is not duplicative
of any other entry. This
assignment supplements the 1/30
task.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

02-03-2015

J. BLAIR

Description

Rate

Amount

CAP Objections

0.2

380.00

$76.00 Vague, clerical

02-04-2015 L. SIMONINI STUDY E-MAIL FROM ATTORNEY
KREIGSFELD REGARDING STIPULATION
02-04-2015 L. SIMONINI DRAFT STIPULATION AND ORDER TO
EXTEND TRIAL DATE
02-04-2015 L. SIMONINI DRAFT E-MAIL TO ATTORNEY KREIGSFELD
REGARDING STIPULATION

0.1

170.00

0.5

170.00

$85.00

0.1

170.00

$17.00 Excessive billing for
email exchange

02-04-2015 L. SIMONINI STUDY SECOND E-MAIL FROM ATTORNEY
KREIGSFELD REGARDING STIPULATION

0.1

170.00

$17.00 Excessive billing for
email exchange

02-04-2015 L. SIMONINI BEGIN PREPARING FOR ELECTRONIC
PRESENTATION OF TRIAL EXHIBITS
02-04-2015
J. BLAIR
EMAIL EXCHANGE REGARDING
STIPULATION TO EXTEND TRIAL DATES

5.3

170.00

0.2

380.00

$76.00 Excessive

02-04-2015

0.1

380.00

$38.00

02-05-2015 L. SIMONINI PREPARE CLIENT'S TRIAL EXHIBITS WITH
TRIAL BATES NUMBERS IN ADVANCE OF
LOADING SAME INTO TRIAL PRESENTATION
SOFTWARE

3.4

170.00

02-05-2015 L. SIMONINI STUDY E-MAIL FROM ATTORNEY
KREIGSFELD REGARDING STIPULATION
02-05-2015 L. SIMONINI DRAFT E-MAIL TO ATTORNEY KREIGSFELD
REGARDING STIPULATION

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

02-05-2015 L. SIMONINI BEGIN PREPARING DEPOSITION
TRANSCRIPTS FOR ELECTRONIC TRIAL
PRESENTATION

4.3

170.00

02-05-2015

0.2

380.00

Gressett Reply

$17.00

J. BLAIR

J. BLAIR

CONFIRM STATUS OF TRIAL SETTING
STIPULATION

Hours

REVIEW AND APPROVE DRAFT STIPULATION

STUDY EMAIL EXCHANGE REGARDING
TRIAL EXTENSION

Attorney Blair's .2 time entry to
determine whether the parties were
going to attempt to move the trial
date is neither vague nor clerical.

Paralegal Simonini's .1 time entry
to prepare an email to CAP's
attorney is not excessive billing.
Paralegal Simonini's .1 time entry
to review an email from CAP's
attorney is not excessive billing.

$901.00

$578.00 Duplicative of L.
Simonini 2/4/15 entry

$731.00 Excessive

Attorney Blair's .2 time entry
reflecting an exchange of emails
with CAP's attorneys regarding
whether to move to extend trial
dates is not excessive.
Paralegal Simonini's 3.4 time entry
to prepare trial exhibits for loading
into trial presentation software is
not duplicative of any other time
entry, but supplemental.

Paralegal Simonini's .1 time entry
to prepare an email to CAP's
attorney is not excessive billing.
Paralegal Simonini's 4.3 time entry
to load deposition transcripts for
electronic presentation is not
excessive but supplemental.

$76.00 Excessive, duplicative of Attorney Blair's .2 time entry to
L. Simonini 2/5/15 entry review emails relating to the
extension of trial dates is neither
excessive nor duplicative, but
Attorney Blair's review of the case
status.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

02-06-2015 L. SIMONINI IDENTIFY DOCUMENTS TO SUPPORT
CONTENTION THAT CAP VIOLATED CLIENT'S
RIGHT TO HIPPA PROTECTION

1.7

170.00

$289.00 Excessive - not an issue
presented in this case

02-06-2015 L. SIMONINI BEGIN TO PREPARE DEFENDANT'S TRIAL
EXHIBITS WITH TRIAL BATES NUMBERS
02-06-2015
J. BLAIR
STUDY EMAIL EXCHANGE REGARDING
AVAILABLE TRIAL DATES

3.7

170.00

$629.00

0.2

380.00

02-09-2015 L. SIMONINI IDENTIFY AND PREPARE DEPOSITION
EXHIBITS FOR ATTORNEY USE IN
PREPARING FOR TRIAL
02-09-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR EXPERT BJORKLUND FOR
ATTORNEY USE IN PREPARING FOR TRIAL
02-09-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR EXPERT CAMERON FOR
ATTORNEY USE IN PREPARING FOR TRIAL
02-09-2015 L. SIMONINI STUDY DISCLOSURE DOCUMENTS TO
IDENTIFY RECORDS REGARDING EXPERT
BJORKLUND TO BE INCORPORATED INTO
WITNESS NOTEBOOK

2.3

170.00

$391.00

2.1

170.00

$357.00

1.7

170.00

$289.00

1.3

170.00

$221.00 Excessive

02-09-2015 L. SIMONINI STUDY DISCLOSURE DOCUMENTS TO
IDENTIFY RECORDS REGARDING EXPERT
CAMERON TO BE INCORPORATED INTO
WITNESS NOTEBOOK
02-09-2015
J. BLAIR
CONFIRM STIPULATION TO MOVE TRIAL
DATE
02-09-2015
J. BLAIR
REVIEW COURT ORDER SETTING
TELEPHONE HEARING FOR THURSDAY
02-09-2015
J. BLAIR
CONFIRM BACHELDER DECISION SUPPORTS
DIRECT EVIDENCE OF CAP'S BREACH
02-10-2015 L. SIMONINI IDENTIFY AND PREPARE MATERIALS FOR
ATTORNEY USE AT TELEPHONIC HEARING
REGARDING TRIAL
02-10-2015 L. SIMONINI BEGIN REVIEW OF DISCLOSURE AND
DISCOVERY DOCUMENTS TO IDENTIFY
RECORDS REGARDING M. COOK TO BE
INCORPORATED INTO WITNESS NOTEBOOK

1.1

170.00

$187.00

0.0

380.00

0.1

380.00

$38.00

0.2

380.00

$76.00

0.6

170.00

$102.00

2.8

170.00

$476.00

Gressett Reply

$76.00 Excessive

$0.00 Clerical

Paralegal Simonini's 1.7 time entry
to pool materials supporting CAP's
possible violation of plaintiff
Gressett's HIPPA protections is not
excessive. It is an assignment she
received in preparation for trial.

Attorney Blair's .2 time entry to
review emails between the parties
concerning other trial dates is not
excessive, but an attorney's review
of the trial status.

Paralegal Simonini's 1.3 time entry
to pool disclosure materials for the
Bjorklund witness notebook is not
excessive. It was a separate
assignment related to the Bjorklund
testimony.

Agreed.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

02-10-2015 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS TO IDENTIFY RECORDS
RELATING TO RORY TO BE INCORPORATED
INTO WITNESS NOTEBOOK

2.3

170.00

02-11-2015 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING TRIAL
02-11-2015 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING TRIAL

0.1

170.00

$17.00

0.1

170.00

$17.00 Excessive billing for
email exchange

02-11-2015 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
RESOLUTION VIA MEDIATION AND CONFIRM
MEDIATOR'S AVAILABILITY

1.2

170.00

$204.00 Vague, block billing,
excessive

02-11-2015 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
02-11-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR C. ELDRIDGE FOR ATTORNEY
USE IN PREPARING FOR TRIAL
02-11-2015 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS AND IDENTIFY RECORDS TO
BE INCLUDED IN C. ELDRIDGE WITNESS
FOLDER

0.1

170.00

$17.00

2.7

170.00

$459.00

3.3

170.00

$561.00 Excessive

02-11-2015

T. COOK

0.4

380.00

$152.00

02-11-2015

T. COOK

0.1

380.00

$38.00

02-11-2015

T. COOK

TELEPHONE CALL WITH DEFENSE COUNSEL
REGARDING TRIAL DATE AND MEDIATION
SEND EMAIL TO CLIENT [Privileged
Communication]
STUDY EMAIL FROM CLIENT [Privileged
Communication]

0.1

380.00

$38.00 Excess billing for email
exchange

02-11-2015

T. COOK

SEND EMAIL TO DEFENDANT REGARDING
MEDIATION WITH T. TOONE

0.2

380.00

$76.00 Excessive

Gressett Reply

$391.00 Excessive - no records
regarding this witness,
witness not called by
plaintiff

Paralegal Simonini's 2.3 time entry
to review discovery & disclosure
materials for incorporation into
witness notebooks is not excessive.
At this stage, it was unclear
whether this witness would testify
for either party.

Paralegal Simonini's .1 time entry
to review an email from Expert
McRae is not excessive billing.
Paralegal Simonini's 1.2 time entry
to determine whether the matter
might be resolved by Mediator
Toone is neither vague, nor block
billing, nor excessive. She was
given the assignment to see if a late
mediation might work.

Paralegal Simonini's 3.3 time entry
to pull materials for the Eldrige
witness folder is not excessive, but
critically necessary.

Attorney Cook's .1 time entry to
review an email from Plaintiff
Gressett is not excessive.
Attorney Cook's .2 time entry to
prepare an email to CAP's attorney
regarding a mediation with T.
Toone is not excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

02-11-2015

J. BLAIR

02-11-2015

Description

J. BLAIR

TELEPHONE CALL WITH CAP'S ATTORNEY
REGARDING HEARING TOMORROW,
CONSIDER MEDIATION OPTIONS

Hours

Rate

Amount

CAP Objections

0.8

380.00

$304.00 Excessive - T. Cook
billed only .4 for same

REVIEW EMAIL COMMUNICATIONS WITH A.
GRESSETT [Privileged Communication]
02-12-2015 L. SIMONINI RESEARCH TO IDENTIFY SETTLEMENT
RANGES FOR FMLA CASES

0.2

380.00

2.3

170.00

$391.00 Duplicative of 7/30/13,
1/28/14, 1/30/14, and
9/24/14 entries

02-12-2015 L. SIMONINI ADDRESS ISSUES REGARDING ITEMS TO BE
PROVEN AT TRIAL TO SUCCEED ON FMLA
CLAIMS

1.3

170.00

$221.00 Vague

02-12-2015 L. SIMONINI ADDRESS ISSUES REGARDING JUDGE'S
RULING CONFIRMING TRIAL

1.3

170.00

$221.00 Excessive, vague

02-12-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR EXPERT MCRAE FOR
ATTORNEY USE IN PREPARING FOR TRIAL
02-12-2015
J. BLAIR
HEARING BEFORE JUDGE TEILBORG
CONFIRMING TRIAL DATE, DISCUSS
PREPARATION FOR SAME WITH T. COOK

1.9

170.00

$323.00

0.8

380.00

$304.00 Internal Conference,
Block Billing

02-12-2015

J. BLAIR

0.5

380.00

$190.00

02-12-2015

J. BLAIR

ANALYZE TRIAL PRESENTATION ISSUES
GIVEN JUDGE TEILBORG'S LIMITATION ON
TIME TO TRY THIS MATTER
PREPARE SUMMARY OF TRIAL MEMO TO BE
PUT BEFORE THE JUDGE, CIRCULATE SAME

0.5

380.00

$190.00 Excessive - no trial
memorandum filed with
Court

02-12-2015

J. BLAIR

PREPARE JURY VERDICTS SUMMARY FROM
ANALYSIS OF SAME FOR FEDERAL CASES
NATIONWIDE FOR FMLA CASES

1.1

380.00

$418.00

Gressett Reply

Attorney Blair's .8 time entry is not
excessive. A phone call was .4 and
Attorney Blair's separate review of
mediation options after the phone
call was also .4

$76.00
Paralegal Simonini's 2.3 time entry
to attempt to learn settlement
ranges from FMLA cases is not
duplicative, but supplemental of
earlier efforts by Paralegal
Simonini and Attorney Blair.
Paralegal Simonini's 1.3 time entry
reflects her assignment to identify
the strongest aspects of Plaintiff
Gressett's FMLA claims. It is not
vague.
Paralegal Simonini's 1.3 time entry
reflects her assignment to see how
to accelerate trial preparation in
light of Judge Teilborg's ruling. It
is neither excessive or vague.

Attorney Blair's .8 time entry to
accept Judge Teilborg' ruling and
review work to be done with
Attorney Cook is not an internal
conference. No one else billed for
this time entry. First time entry
(.3); second time entry (.5).

Attorney Blair's .5 time entry to
finalize and circulate a copy of the
draft trial memo to the litigation
team is not excessive. Plaintiff
Gressett moved for a "directed
verdict" after trial.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

02-13-2015

Description

J. BLAIR

EXTENDED TELEPHONE CALLS WITH A.
GRESSETT AND P. BJORKLUND
02-17-2015 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS TO IDENTIFY RECORDS
REGARDING D. SIGMON TO BE
INCORPORATED INTO WITNESS FOLDER
02-17-2015 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS TO IDENTIFY RECORDS
REGARDING EXPERT MCRAE TO BE
INCORPORATED INTO WITNESS FOLDER

Hours

Rate

Amount

CAP Objections

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Time entry one (.9); time entry two Block billing; reduced
(.6).
by 20%.

1.5

380.00

$456.00 Block Billing

2.1

170.00

$357.00

1.0

170.00

02-18-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR T. DELGADO FOR ATTORNEY
USE IN PREPARING FOR TRIAL
02-18-2015 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS TO IDENTIFY RECORDS TO BE
INCLUDED IN DELGADO WITNESS FOLDER
02-18-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR D. SIGMON FOR ATTORNEY
USE IN PREPARING FOR TRIAL
02-18-2015
J. BLAIR
CONFIRM AVAILABILITY OF A STRUCTURED
SETTLEMENT BROKER FOR MEDIATION

2.3

170.00

$170.00 Excessive, duplicative of Paralegal Simonini's 1.0 time entry
L. Simonini 2/12/15 entry to prepare materials for the McRae
expert witness folder is neither
excessive nor duplicative, but
supplemental.
$391.00

2.7

170.00

$459.00

1.3

170.00

$221.00

0.2

380.00

$76.00 Clerical

02-18-2015

SEND EMAIL TO CAP WITH DEMAND TO
SETTLE
02-19-2015 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS AND IDENTIFY RECORDS
RELATING FOR ATTORNEY GROUSE TO BE
INCLUDED IN WITNESS FOLDER

0.2

380.00

$76.00

2.6

170.00

$442.00 Excessive - few records
existed re: Grouse

02-19-2015 L. SIMONINI STUDY DISCLOSURE AND DISCOVERY
DOCUMENTS AND IDENTIFY DOCUMENTS
REGARDING M. COOK TO BE INCORPORATED
INTO WITNESS FOLDERS
02-20-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR ATTORNEY K. GROUSE FOR
ATTORNEY USE IN PREPARING FOR TRIAL

3.6

170.00

$612.00

0.5

170.00

02-20-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR M. LUDKE FOR ATTORNEY USE
IN PREPARING FOR TRIAL

2.3

170.00

J. BLAIR

$85.00 Duplicative of 2/19/15
entry

$391.00

Attorney Blair's .2 time entry to
insure a structured settlement
broker was available for the Toone
mediation is not clerical.

Paralegal Simonini's 2.6 time entry
to pull disclosure and discovery
records for a Grouse witness folder
is not excessive. The complete
review was necessary whether or
not Attorney Grouse sponsored
documents.

Paralegal Simonini's .5 time entry
to update the Grouse witness folder
for trial is not duplicative of any
other time entry, but supplemental.

Date

Attorney

02-20-2015

Description

T. COOK

Hours

Rate

Amount

CAP Objections

Gressett Reply

SEND EMAIL TO DEFENDANT REGARDING
STATUS OF OFFER
02-20-2015
T. COOK
BEGIN DETAILED OUTLINE OF PLAN OF
ACTION TO PREPARE FOR TRIAL
02-23-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR D. MODEER FOR ATTORNEY
USE IN PREPARING FOR TRIAL
02-23-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR M. RUZICH FOR ATTORNEY USE
IN PREPARING FOR TRIAL
02-23-2015
T. COOK
BEGIN DETAILED STUDY AND NOTATIONS
OF DEPOSITIONS IN PREPARATION FOR
TRIAL
02-23-2015
J. BLAIR
REVIEW LATEST SETTLEMENT OFFER FROM
CAP

0.1

380.00

$38.00

0.8

380.00

$304.00

2.4

170.00

$408.00

2.7

170.00

$459.00

7.6

380.00

$2,888.00

0.2

380.00

02-24-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR CLIENT FOR ATTORNEY USE IN
PREPARING FOR TRIAL
02-24-2015 L. SIMONINI ADDRESS ISSUES REGARDING HIPPA AND
EXPERT MCRAE'S TESTIMONY REGARDING
SAME

2.1

170.00

$357.00

0.7

170.00

$119.00 Vague, excessive Paralegal Simonini's .7 time entry
HIPPA not at issue in this to determine if HIPPA might be an
case
issue in this case and gather Expert
McRae's testimony about that issue
is not vague or excessive. It was
appropriate trial preparation.

02-24-2015 L. SIMONINI BEGIN PREPARING UPDATED WITNESS
FOLDER FOR M. COOK FOR ATTORNEY USE
IN PREPARING FOR TRIAL

2.3

170.00

$391.00 Duplicative of 8/1/13,
12/9/13, 12/11/13,
12/12/13, 1/7/15 and
1/12/15 entries

02-24-2015

0.1

380.00

$38.00

0.2

380.00

$76.00

0.1

170.00

$17.00

0.4

170.00

$68.00

T. COOK

SEND EMAIL TO CLIENT [Privileged
Communication]
02-24-2015
J. BLAIR
EMAIL EXCHANGE WITH A. GRESSETT
[Privileged Communication]
02-25-2015 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING TRIAL
02-25-2015 L. SIMONINI TELEPHONE CALL EXPERT BJORKLUND
REGARDING UPCOMING TRIAL

$76.00 Excessive

Attorney Blair's .2 time entry to
assess CAP's latest settlement offer
is not excessive.

Paralegal Simonini's 2.3 time entry
to prepare the Mike Cook witness
folder is not duplicative of any
prior time entries, but
supplemental.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

2/25/2015

T. COOK

MEET AND CONFER WITH J. BLAIR
REGARDING CASE VALUE, SETTLEMENT
TALKS, NEXT STEPS, CALL TO CLIENT
[Privileged Communication] , CALL TO
DEFENDANT COUNSEL WITH COUNTER
DEMAND AND PROPOSAL FOR HOW TO
PROCEED NEXT, REQUEST UPDATED
ACCOUNTING OF CASE FOR USE WITH
CLIENT REGARDING VALUATION PROCESS

1.0

380.00

$304.00 Internal Conference,
Block Billing

02-25-2015

J. BLAIR

0.3

380.00

J. BLAIR

0.2

380.00

$76.00 Internal Conference,
Block Billing

02-25-2015

J. BLAIR

TELEPHONE CALL WITH A. GRESSETT
[Privileged Communication]
02-25-2015
J. BLAIR
TELEPHONE CALL WITH CAP'S ATTORNEY
REGARDING SETTLEMENT NEGOTIATIONS
02-27-2015 L. SIMONINI DRAFT E-MAIL TO CLIENT [Privileged
Communication]
02-27-2015 L. SIMONINI STUDY E-MAIL FROM CLIENT [Privileged
Communication]

0.2

380.00

$76.00

0.3

380.00

$114.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

03-02-2015 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING TRIAL
03-02-2015 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING TRIAL

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

03-02-2015 L. SIMONINI DRAFT SECOND E-MAIL TO EXPERT MCRAE
REGARDING TRIAL

0.1

170.00

$17.00 Excess billing for email
exchange

03-02-2015

T. COOK

0.1

380.00

$38.00

03-02-2015

J. BLAIR

STUDY EMAIL FROM DEFENDANT COUNSEL
REGARDING SUBPOENAS FOR TRIAL
ADDRESS G. MCRAE'S AVAILABILITY AT
TRIAL

0.2

380.00

$76.00 Vague

03-03-2015

T. COOK

STUDY AND OUTLINE DEPOSITIONS FOR
TRIAL, CHART ISSUES TO BE RESOLVED
REGARDING DISCLOSURE OF EVIDENCE,
THEORIES FOR TRIAL, PLAN OF ACTION
GOING FORWARD

9.0

380.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Block billing; reduced
by 20%.

$114.00

02-25-2015

STUDY EMAIL FROM A. GRESSETT [Privileged
Communication]
REVIEW CASE STRATEGY WITH T. COOK,
TELEPHONE CALL TO A. GRESSETT
[Privileged Communication]

Gressett Reply

$2,736.00 Block billing

Attorney Cook's 1.0 time entry to
discuss case value with Attorney
Blair and call to defense counsel
with a counter demand, and request
updated accounting information
about the case is not an internal
conference because the Attorney
Blair time entry (below) is
acknowledged as duplicative. First
time entry (.2); second time entry
(.2); third time entry (.6).

Attorney Blair's .4 time entry is in
part, duplicative and should be
deleted. First time entry (.2);
second time entry (.2).

Paralegal Simonini's .1 time entry
to review an email from Plaintiff
Gressett is not excessive billing.

Paralegal Simonini's .1 time entry
to review an email from Expert
McRae is not excessive billing.
Paralegal Simonini's .1 time entry
to prepare a second email to Expert
McRae is not excessive billing.

Attorney Blair's .2 time entry to
confirm Expert McRae, an out-oftown witness, would be available
for trial, is not vague.
First time entry (3.5); second time Block billing; reduced
entry (5.5).
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

03-04-2015 L. SIMONINI ADDRESS ISSUES REGARDING ROADBLOCKS
TO TESTIMONY OF EXPERT MCRAE AND
CAP'S HR TESTIMONY THAT SUPPORTS NEED
FOR EXPERT TESTIMONY

1.2

170.00

$204.00 Vague

Paralegal Simonini's 1.2 time entry
is to identify the issues that support
the need for Expert McRae's
testimony. It is not vague.

03-04-2015

J. BLAIR

STUDY T. COOK'S TRIAL OUTLINE OF ISSUES,
RESPOND TO SAME

0.8

380.00

$304.00 Duplicative of T. Cook
entry on 3/3/15

03-04-2015

J. BLAIR

ANALYZE TRIAL PREPARATION ISSUES WITH
T. COOK, RELATED TELEPHONE CALL TO
EXPERT MCRAE REGARDING HER
TESTIMONY
03-04-2015
T. COOK
STUDY AND NOTATE DEPOSITIONS,
TELEPHONE CALL WITH EXPERT G. MCRAE
REGARDING TRIAL TESTIMONY AND PLAN
OF ACTION, CONFER WITH TRIAL TEAM AND
CO-COUNSEL REGARDING THEORY OF THE
CASE AND HOW BEST TO PROCEED WITH
CASE IN CHIEF
03-05-2015 L. SIMONINI STUDY E-MAIL EXCHANGES REGARDING
POTENTIAL SETTLEMENT

0.0

380.00

$0.00 Internal Conference,
Block Billing

Attorney Blair's .8 time entry to
review and supplement Attorney
Cook's issues outline is not
duplicative of Attorney Cook's
efforts.
Accept.

10.0

380.00

$3,040.00 Internal Conference,
Block Billing

0.4

170.00

03-05-2015 L. SIMONINI ADDRESS ISSUES REGARDING WITNESSES
TO BE CALLED DURING CASE IN CHIEF

1.2

170.00

03-05-2015 L. SIMONINI TELEPHONE CALL ATTORNEYS COOK AND
KREIGSFELD REGARDING UPCOMING TRIAL
03-05-2015 L. SIMONINI STUDY TRANSCRIPT FROM FINAL PRE TRIAL
CONFERENCE AND NOTE PERTINENT
COMMENTS MADE BY JUDGE
03-05-2015 L. SIMONINI CONFER WITH ATTORNEY BLAIR
REGARDING COMMENTS MADE BY JUDGE
AT FINAL PRETRIAL CONFERENCE

0.3

170.00

$68.00 Excessive, duplicative of Paralegal Simonini's .4 time entry
T. Cook 2/20/15 and J.
to review the email exchanges
Blair 2/23/15 entries
between the parties discussing a
possible settlement is neither
excessive nor duplicative, but
necessary for a paralegal that is
preparing for trial.
$204.00 Vague
Paralegal Simonini's 1.2 time entry
to propose what Plaintiff's
witnesses will be able to say to
prove Plaintiff's case is not vague.
$51.00

0.8

170.00

$136.00

0.4

170.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$68.00 Internal Conference

Attorney Cook's 10.0 time entry is Block billing; reduced
not an internal conference because by 20%.
all of Attorney Blair's time (above)
is duplicative and should be struck.
First time entry (6.8); second time
entry (.9); third time entry (2.3).

Paralegal Simonini's .4 time entry
to discuss Judge Teilborg's ruling
at the final pretrial conference is
not an internal conference.
Attorney Blair did not bill for this
time.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-05-2015

T. COOK

WORK ON DETAILED NOTES OF DEPOSITION
TESTIMONY FROM WHICH TO CRAFT
EXAMINATION OF WITNESSES; TELEPHONE
CALL WITH DEFENSE COUNSEL REGARDING
STATUS OF COUNTER OFFER; ANALYSIS OF
ISSUES WITH CO-COUNSEL; EMAILS TO
POSSIBLE MEDIATOR, TO DEFENSE
COUNSEL AND TO CLIENT REGARDING
POSSIBLE SETTLEMENT MEDIATION

5.0

380.00

03-05-2015

J. BLAIR

DISCUSS SETTLEMENT STRATEGY WITH T.
COOK, CONFIRM T. TOONE'S AVAILABILITY
NEXT WEEK

1.1

380.00

$418.00 Internal Conference

03-05-2015

J. BLAIR

ADDRESS TRIAL ISSUES WITH T. COOK

1.4

380.00

$532.00 Internal Conference

03-06-2015 L. SIMONINI GATHER INFORMATION FOR POTENTIAL
SETTLEMENT PURPOSES
03-06-2015 L. SIMONINI IDENTIFY AND PREPARE MATERIALS
REGARDING EXPERTS BJORKLUND AND
CAMERON FOR ATTORNEY BLAIR'S USE IN
PREPARING FOR TRIAL
03-06-2015 L. SIMONINI DETERMINE WHETHER MATERIALS
PROMISED DURING T. DELGADO
DEPOSITION HAVE BEEN PRODUCED

0.4

170.00

$68.00

1.3

170.00

$221.00

2.7

170.00

$459.00 Excessive

Paralegal Simonini's 2.7 time entry
to detetermine whether materials
promised by CAP during the
Delgado deposition were ever
produced is not excessive. It was a
key paralegal assignment.

03-06-2015 L. SIMONINI STUDY CAP'S DISCOVERY RECORDS TO
LOCATE PAYROLL SUPPORT TO PROVE
FAILURE OF CAP TO TRACK CLIENT'S FMLA
LEAVE

1.4

170.00

$238.00 Duplicative of 12/19/13
and 1/13/15 entries

Paralegal Simonini's 1.4 time entry
to find support that CAP never
tracked Plaintiff Gressett's FMLA
leave is not duplicative of earlier
efforts but supplemental.

$1,520.00 Block Billing

Gressett Reply

First time entry (2.0); second time
entry (.2); third time entry (2.5);
fourth time entry (.3).

Attorney Blair's 1.1 time entry to
develop a settlement strategy with
Attorney Cook prior to the Toone
mediation is not an internal
conference, but a billable strategy
session which Plaintiff Gressett
approved.
Attorney Blair's 1.4 time entry to
review trial issues with Attorney
Cook likewise is not a prohibited
internal conference but a key
strategy session that Plaintiff
Gressett approved.

Court's Ruling (Blank
entry indicates that
objection was
overruled)
Block billing; reduced
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-06-2015

J. BLAIR

STUDY DEPOSITION OF T. DELGADO,
EMAILS TO TRIAL PREP TEAM REGARDING
SAME

2.5

380.00

03-06-2015

J. BLAIR

CONFIRM STATUS OF SETTLEMENT
NEGOTIATIONS

0.2

380.00

03-07-2015 L. SIMONINI STUDY DEPARTMENT OF ECONOMIC
SECURITY RECORDS TO IDENTIFY ITEMS TO
BE ADDRESSED WITH CLIENT IN ADVANCE
OF TRIAL

4.1

170.00

03-08-2015

J. BLAIR

1.1

380.00

03-09-2015

S. KING

STUDY PORTION OF EXPERT CAMERON'S
DEPOSITION, NOTES REGARDING SAME
STUDY DEPOSITION AND EXPERT FILE OF
CATHERINE CAMERON FOR ARTICLE IN
PREPARATION FOR TRIAL

0.3

170.00

$51.00 Excessive, S. King did
not appear at trial as
counsel

03-09-2015

S. KING

0.3

170.00

$51.00

03-09-2015

S. KING

0.2

170.00

$34.00

03-09-2015

S. KING

0.2

170.00

$34.00

03-09-2015

S. KING

0.2

170.00

$34.00

03-09-2015

T. COOK

0.1

380.00

$38.00

03-09-2015

T. COOK

STUDY CASE FILE FOR 2014 TAX RETURNS
AND DEPOSITION TRANSCRIPT OF GRESSETT
AND FORWARD TO EXPERT PAUL
BJORKLUND
DRAFT FOURTH SUPPLEMENTAL
DISCLOSURE STATEMENT ADDING 2013 AND
2014 GRESSETT TAX RETURNS
TELECONFERENCE WITH A. GRESSETT
[Privileged Communication]
EMAIL WITH PLAINTIFF EXPERT PAUL
BJORKLUND IN PREPARATION FOR CLIENT
CONSULTATION IN PREPARATION FOR
TRIAL
STUDY EMAIL FROM DEFENDANT
REGARDING MEDIATION
SEND EMAIL TO T. TOONE REGARDING
MEDIATION

0.1

380.00

$38.00

Gressett Reply

$950.00 Internal Conference,
Block Billing

Attorney Blair's 2.5 time entry to
study the Delgado deposition and
prepare an email summary to the
litigation team is not an internal
coference. No one else billed for
this email. First time entry (2.2);
second time entry (.3).
$76.00 Vague
Attorney Blair's .2 time entry to
confirm the status of settlement
negotiations between Plaintiff
Gressett and CAP is not vague.
$697.00 Excessive, duplicative of Paralegal Simonini's 4.1 time entry
7/11/13, 7/18/13, 8/6/13, to pull DES materials for review
10/15/14, and 1/16/15
with Plaintiff Gressett is neither
entries
excessive nor duplicative of any
other time entries. This was pretrial
preparation for a session with
Plaintiff Gressett.
$418.00
Paralegal King's .3 time entry to
pull an article authored by Expert
Cameron is not excessive. This was
a separate paralegal assignment to
prepare for cross-examination of
Expert Cameron at trial.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-09-2015

Description

J. BLAIR

STUDY REMAINDER OF CAMERON
DEPOSITION, MAKE NOTES REGARDING
TRIAL PREPARATION
03-09-2015
J. BLAIR
EXTENDED TELEPHONE CALL WITH P.
BJORKLUND REGARDING TRIAL
PREPARATION
03-09-2015
J. BLAIR
STUDY MATERIALS FROM MR. BJORKLUND,
CONSIDER MOTION TO STRIKE CAMERON
FOR LACK OF VOCATIONAL TRAINING
03-09-2015
J. BLAIR
REVIEW EMAIL EXCHANGES REGARDING
MEDIATION LATER THIS WEEK
03-09-2015
J. BLAIR
STUDY ARTICLE AUTHORED BY EXPERT
CAMERON
03-09-2015
T. COOK
WORK ON COMPREHENSIVE REPORT OF
EVENTS TO TRACK TIME OFF
03-10-2015
S. KING
EMAILS TO P. BJORKLUND AND CLIENT
[Privileged Communication]
03-10-2015 L. SIMONINI DRAFT MEDIATION MEMO TO BE
SUBMITTED TO MEDIATOR TOONE
03-10-2015 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT
BJORKLUND AND UPDATE TO DAMAGES
ANALYSIS AND IMPACT OF EARNINGS ON
DAMAGES
03-10-2015 L. SIMONINI IDENTIFY AND PREPARE SUPPORTING
DOCUMENTS TO BE SUBMITTED TO
MEDIATOR TOONE
03-10-2015
T. COOK
CONFER WITH CO-COUNSEL BLAIR
REGARDING TRIAL STRATEGY AND
MEDIATION PLANNING

Hours

Rate

Amount

CAP Objections

1.5

380.00

380.00

$304.00

1.4

380.00

$425.60 Block billing

0.3

380.00

$114.00

0.2

380.00

$76.00

4.8

380.00

$1,824.00

0.2

170.00

$34.00

1.3

170.00

$221.00

1.2

170.00

$204.00

0.9

170.00

$153.00

1.0

380.00

$380.00 Internal Conference

0.1

380.00

$38.00

0.1

380.00

$38.00

1.8

380.00

$684.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$570.00

0.8

Gressett Reply

03-10-2015

T. COOK

03-10-2015

T. COOK

03-10-2015

T. COOK

STUDY EMAIL FROM DEFENDANT
REGARDING MEDIATION
SEND EMAIL TO CLIENT [Privileged
Communication]
CONTINUE WORK ON TIME OFF CHART

03-10-2015

J. BLAIR

PLAN MEDIATION PROCESS WITH T. COOK

0.0

380.00

03-10-2015

J. BLAIR

0.8

380.00

$304.00

03-10-2015

J. BLAIR

1.5

380.00

$570.00

03-10-2015

J. BLAIR

ANALYZE A. GRESSETT'S DAMAGES IN
LIGHT OF VARIOUS JOBS TAKEN
REVIEW PORTION OF P. BJORKLUND'S
DEPOSITION, RELATED EMAILS FOR TRIAL
PREPARATION
PREPARE PORTION OF P. BJORKLUND'S
DIRECT TESTIMONY

0.6

380.00

$228.00

$0.00 Internal Conference

Time entry one (1.1); second time
entry (.3).

Attorney Cook's 1.0 time entry to
discuss trial strategy and mediation
with Attorney Blair is not an
internal conference because the
Blair time entry (below) should be
struck.

Criticism accepted.

Block billing; reduced
by 20%.

Date

Attorney

Description

03-10-2015

J. BLAIR

STUDY ABSENCES CHART, DISCUSS SAME
WITH T. COOK

0.2

380.00

03-10-2015

J. BLAIR

ANALYZE MATERIALS FROM P. BJORKLUND
REGARDING VOCATIONAL EXPERTS,
REVIEW CAMERON TRANSCRIPT, PREPARE
EMAIL SUMMARIZING CAMERON'S MISSTEPS

1.5

380.00

$456.00 Block billing

03-11-2015 L. SIMONINI STUDY DEPOSITIONS OF M. RUZICH AND D.
SIGMON AND IDENTIFY TESTIMONY
REGARDING CHART PURPORTING TO TRACK
FMLA LEAVE
03-11-2015 L. SIMONINI STUDY E-MAIL EXCHANGES AND REQUEST
CAP'S PRODUCTION RECORDS TO IDENTIFY
SUPPORT FOR ADMISSIBILITY FOR "LEAVE
TIME TAKEN" CHART

2.1

170.00

$357.00

1.9

170.00

$323.00 Block billing, excessive - Paralegal Simonini's 1.9 time entry
previously "studied" one to review the file for support for
page chart
Plaintiff Gressett's position that the
"leave time taken chart" should be
admissible is not block billing or
excessive. This is a specific
assignment relating to a key issue.
(The use of the word "study" is not
key to this issue).

03-11-2015

J. BLAIR

1.0

380.00

$304.00 Block billing

03-11-2015

J. BLAIR

0.2

380.00

03-11-2015

J. BLAIR

0.0

380.00

$0.00 Clerical

03-12-2015 L. SIMONINI STUDY CAP'S TRIAL SUBPOENAS

0.7

170.00

$119.00 Excessive

03-12-2015 L. SIMONINI IDENTIFY AND PREPARE TRIAL FILINGS TO
BE INCORPORATED INTO TRIAL NOTEBOOK
03-12-2015 L. SIMONINI PREPARE TRIAL NOTEBOOK FOR ATTORNEY
COOK
03-12-2015 L. SIMONINI PREPARE TRIAL NOTEBOOK FOR ATTORNEY
BLAIR
03-12-2015
J. BLAIR
REVIEW POSITION STATEMENT IN ADVANCE
OF MEDIATION WITH T. TOONE
03-12-2015
J. BLAIR
MEET WITH A. GRESSETT [Privileged
Communication]

1.7

170.00

$289.00

1.1

170.00

$187.00

1.1

170.00

$187.00

0.5

380.00

$190.00

0.7

380.00

$266.00

EXTENDED TELEPHONE CALL WITH P.
BJORKLUND RE UPDATING HIS CHARTS,
PREPARE FOR MEDIATION
STUDY A. GRESSETT'S EMAIL [Privileged
Communication]
CONFIRM FILING OF MEDIATION
STATEMENT

Hours

Rate

Amount

CAP Objections

$76.00 Internal Conference,
Block Billing

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Attorney Blair's .2 time entry to
review the absences chart and
discuss it with Attorney Cook is
not an internal conference. No one
else billed for this discussion. First
time entry (.1); second time entry
(.1).
First time entry (.3); second time
Block billing; reduced
entry (1.); third time entry (.2).
by 20%.

First time entry (.6); second time
entry (.4).

Block billing; reduced
by 20%.

Attorney Blair's .2 time entry to
approve the mediation statement
for filing is not clerical.
Paralegal Simonini's .7 time entry
to review the CAP trial subpoenas
is not excessive.

Clerical

$76.00

Date

Attorney

Description

03-12-2015

J. BLAIR

MEDIATION WITH T. TOONE

5.0

380.00

03-12-2015

T. COOK

0.5

380.00

03-12-2015

T. COOK

MEET WITH CLIENT PRE-MEDIATION
[Privileged Communication]
ATTEND MEDIATION

5.0

380.00

03-12-2015

T. COOK

MEET POST-MEDIATION WITH CLIENT
[Privileged Communication]
03-13-2015 L. SIMONINI DRAFT TRIAL SUBPOENA TO C. RUZICH

0.5

380.00

$190.00

0.2

170.00

$34.00

03-13-2015 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING ACCEPTANCE OF SERVICE OF
RUZICH TRIAL SUBPOENA
03-13-2015 L. SIMONINI ADDRESS ISSUES REGARDING EXPERT
MCRAE'S TRIAL TESTIMONY

0.1

170.00

$17.00

0.7

170.00

03-13-2015 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING SERVICE OF TRIAL SUBPOENA

0.1

170.00

03-13-2015 L. SIMONINI ADDRESS ISSUES REGARDING POTENTIAL
SETTLEMENT

1.2

170.00

$204.00 Vague, excessive

03-13-2015

J. BLAIR

0.4

380.00

$152.00

03-13-2015

T. COOK

0.1

380.00

$38.00

03-13-2015

T. COOK

0.1

380.00

$38.00

03-13-2015

T. COOK

0.1

380.00

$38.00

EMAIL COMMUNICATIONS WITH A.
GRESSETT [Privileged Communication] AND
CAP'S ATTORNEY
STUDY EMAIL FROM CLIENT [Privileged
Communication]
SEND EMAIL TO T. TOONE REGARDING
CLIENT'S NEW OFFER
SEND EMAIL TO DEFENDANT COUNSEL
REGARDING CONTACT ON CASE POST
MEDIATION

Hours

Rate

Amount

CAP Objections

Gressett Reply

$1,900.00 Excessive, mediation was Attorney Blair's 5.0 time entry for
only 4 hours
the mediation with Tom Toone is
not excessive. Plaintiff Gressett's
attorneys were there for 5 hours.
$190.00
$1,900.00 Excessive attorney
attendance

$119.00 Vague

$17.00 Excessive billing for
email exchange

Attorney Cook's 5.0 time entry to
attend the mediation is not
excessive. The mediation lasted 5
hours and it was critical that both
Ms. Gressett and her attorneys be
present. It became even more
critical as negotiations continued.

Paralegal Simonini's .7 time entry
to support the trial attorneys as to
issues about Expert McRae's ability
to testify is not vague.
Paralegal Simonini's .1 time entry
to review an email from CAP's
attorney regarding trial subpoenas
is not excessive.
Paralegal Simonini's 1.2 time entry
to work with the trial attorneys in
an attempt to settle this case after
the formal mediation is neither
vague or excessive.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-13-2015

T. COOK

03-13-2015

T. COOK

03-13-2015

T. COOK

03-15-2015

Description

STUDY EMAIL FROM T. TOONE REGARDING
RESPONSE TO HIS CONTACT WITH
DEFENDANT COUNSEL ON CLIENT'S OFFER
WITH NO PROSPECTS OF RESOLUTION
SEND EMAIL TO MEDIATOR TO OFFER
THOUGHTS ON HOW TO ENCOURAGE
DEFENDANT TO SEEK ADDITIONAL FUNDS
BEGIN WORK ON OPENING STATEMENT

T. COOK

Hours

Rate

Amount

0.1

380.00

380.00

Gressett Reply

$38.00

0.1

CAP Objections

$38.00

2.0

380.00

$760.00

COMPREHENSIVE STUDY AND NOTATION OF
ALL TRIAL EXHIBITS, FMLA LAW, FMLA
REGULATIONS, DEFENDANT'S
CLAIMS/DEFENSES, OUTLINE REBUTTAL TO
SAME, FORMULATE THEME FOR TRIAL AND
OUTLINE CHALLENGE TO ALL PLAUSIBLE
DEFENSES
03-16-2015 L. SIMONINI DRAFT SUPPLEMENTAL DISCLOSURE
STATEMENT REGARDING EXPERT
BJORKLUND'S SUPPLEMENTAL REPORT
03-16-2015 L. SIMONINI PREPARE EXHIBITS TO BE ATTACHED TO
SUPPLEMENTAL DISCLOSURE STATEMENT

5.9

380.00

$2,242.00

0.3

170.00

$51.00

0.9

170.00

$153.00 Excessive

03-16-2015 L. SIMONINI STUDY CAP AND CLIENT'S TRIAL EXHIBITS
TO IDENTIFY AND REMOVE DUPLICATE
EXHIBITS

2.3

170.00

$391.00 Duplicative of entry on
11/21/14

03-16-2015

D. BARNES

RESEARCH FAMILY MEDICAL LEAVE ACT
STATUTES RELATED TO RECOVERY OF
ATTORNEYS' FEES, COSTS AND EXPERT FEES

0.4

360.00

$144.00 Background research,
duplicative

03-16-2015

J. BLAIR

0.5

380.00

$190.00

03-16-2015

J. BLAIR

0.5

380.00

$190.00

03-16-2015

J. BLAIR

0.5

380.00

$190.00

03-16-2015

J. BLAIR

EMAIL EXCHANGES WITH MEDIATOR AND
A. GRESSETT [Privileged Communication]
TELEPHONE CALL WITH P. BJORKLUND
REGARDING SUPPLEMENTAL REPORT
STUDY BJORKLUND'S SUPPLEMENTAL
REPORT, CONFIRM DISCLOSURE OF SAME
ASSIST IN TRIAL PREPARATION

0.8

380.00

$304.00 Vague

Paralegal Simonini's .9 time entry
to pull together materials for a
supplemental disclosure statement
is not excessive.
Paralegal Simonini's 2.3 time entry
to study, then remove duplicative
exhibits is not duplicative of any
other time entry but supplemental.
Attorney Barnes .4 time entry to
research Plaintiff Gressett's
entitlement to fees, costs and expert
fees is not background research and
was not duplicative, but
supplemental.

Attorney Blair's .8 time entry to
assist in trial preparation is vague,
but represents Attorney Blair's
assistance with Trial Attorney
Cook and Paralegal Simonini in
smoothing out the trial
presentation.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

03-16-2015

T. COOK

03-17-2015

S. KING

STUDY AND NOTATE DEPOSITION AND
DEPOSITION EXHIBITS, DISCOVERY, AND
DISCLOSURES OF CLIENT FOR TRIAL; BEGIN
OUTLINE OF DIRECT EXAMINATION
STUDY DEPARTMENT OF ECONOMIC
SECURITY FILE DOCUMENTS AND PREPARE
ANALYSIS OF DOCUMENTS IN PREPARATION
FOR TRIAL

Hours

Rate

Amount

CAP Objections

Gressett Reply

10.2

380.00

2.1

170.00

$357.00 Duplicative of L.
Paralegal King's 2.1 time entry to
Simonini entry on 3/7/15 review DES records as part of trial
preparation is not duplicative any
other time entry, but supplemental
to Paralegal Simonini's .

03-17-2015 L. SIMONINI CONTINUE PREPARING EXHIBITS FOR
ELECTRONIC PRESENTATION AT TRIAL
03-17-2015 L. SIMONINI ADDRESS ISSUES REGARDING WITNESSES
TO BE CALLED AT TRIAL; EXPERT
TESTIMONY

1.7

170.00

$289.00

1.3

170.00

$221.00 Vague

03-17-2015 L. SIMONINI PREPARE COURT'S COPY OF TRIAL EXHIBIT
LIST
03-17-2015
J. BLAIR
WORK ON DIRECT TESTIMONY FOR P.
BJORKLUND
03-17-2015
J. BLAIR
ADDRESS TRIAL ISSUES, REVIEW EMAILS TO
AND FROM A. GRESSETT

0.7

170.00

$119.00

1.6

380.00

$608.00

0.6

380.00

$182.40 Vague, block billing

03-17-2015

J. BLAIR

0.7

380.00

$266.00

03-17-2015

T. COOK

4.1

380.00

$1,558.00

03-17-2015

T. COOK

TELEPHONE CALL WITH P. BJORKLUND
REGARDING DIRECT TESTIMONY
NOTATE AND STUDY EXHIBITS FROM
DEPOSITION OF EXPERT BJORKLUND
STUDY DEPOSITION OF DEFENDANT EXPERT
CAMERON AND DEPOSITION EXHIBITS

4.3

380.00

$1,634.00

03-18-2015 L. SIMONINI PREPARE CAP'S TRIAL EXHIBITS FOR CLIENT
REVIEW

2.2

170.00

03-18-2015 L. SIMONINI PREPARE CLIENT'S SET OF EXHIBITS IN
ADVANCE OF TRIAL PREPARATION SESSION
03-18-2015 L. SIMONINI EXCHANGE E-MAILS WITH CLIENT [Privileged
Communication]

2.0

170.00

0.4

170.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$3,876.00

Paralegal Simonini's 1.3 time entry
to assist the attorneys in identifying
who would testify when, both fact
witness and expert witness, is not
vague.

Attorney Blair's .6 time entry to
Block billing; reduced
address trial issues and review
by 20%.
correspondence from and to
Plaintiff Gressett is not vague. It is
what attorneys do right before trial.
First time entry (.4); second time
entry (.2).

$374.00 Excessive - CAP exhibits Paralegal Simonini's 2.2 time entry
already prepared
to organize CAP's trial exhibits for
review by Plaintiff Gressett is not
excessive. Plaintiff Gressett to
review all of them before her prep
session.
$340.00
$68.00

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

03-18-2015 L. SIMONINI ATTEND TRIAL STRATEGY SESSION WITH
ATTORNEYS COOK, BLAIR AND KLECAN

0.5

170.00

$85.00 Internal Conference

Paralegal Simonini's .5 time entry
to attend a strategy session with
Attorneys Cook, Blair and Klecan
is not an internal conference. It was
the single pretrial session when the
trial plan was analyzed for
presentation. Plaintiff Gressett
approved this separate pretrial
session.

03-18-2015 L. SIMONINI EXCHANGE E-MAILS WITH CAP ATTORNEYS
REGARDING TRIAL

0.3

170.00

$51.00 Internal Conference

Paralegal Simonini's .3 time entry
to exchange emails with CAP
attorneys regard trial issues is not
an internal conference.

03-18-2015 L. SIMONINI CONTINUE ATTEMPTS TO SET UP TRIAL
PREPARATION SESSION WITH C. ELDRIDGE
03-18-2015 L. SIMONINI ADDRESS ISSUES REGARDING TRIAL
WITNESSES TO BE CALLED AND POTENTIAL
TESTIMONY

0.3

170.00

$51.00

1.3

170.00

$221.00 Vague

Paralegal Simonini's 1.3 time entry
to propose which witness could say
what as part of Plaintiff Gressett's
direct case is not vague. It was an
assignment from the Renaud Cook
Drury Mesaros, P.A. attorneys.

03-18-2015

J. KLECAN

TRIAL STRATEGY MEETING WITH TAMARA
COOK

1.5

380.00

$570.00 Internal Conference

Attorney Klecan's 1.5 time entry
for a strategy session with Attorney
Cook is not an internal conference.
(See above).

03-18-2015

J. BLAIR

0.5

380.00

$190.00

03-18-2015

J. BLAIR

ADDRESS SETTLEMENT OPTIONS AFTER CAP
OFFERS TO PAY MEDIATION FEE
PLAN TRIAL WITH ATTORNEY KLECAN AND
ATTORNEY COOK

0.5

380.00

$190.00 Internal Conference,
vague

03-18-2015

T. COOK

STUDY DEPOSITION AND EXHIBITS AND
NOTATE SAME REGARDING WITNESS
SIGMON; BEGIN OUTLINE OF EXAMINATION
T. COOK
STUDY DEPOSITION OF D. MOREER,
DEPOSITION EXHIBITS, NOTATE SAME
T. COOK
STUDY, OUTLINE AND NOTATE DEPOSITION
AND EXHIBITS FROM DEPOSITION OF M.
RUZICH; BEGIN OUTLINE OF EXAMINATION
L. SIMONINI DRAFT TRIAL SUBPOENA AND LETTER TO D.
MODEER
L. SIMONINI DRAFT TRIAL SUBPOENA AND COVER
LETTER TO ATTORNEY GROUSE

3.2

380.00

$1,216.00

3.7

380.00

$1,406.00

3.7

380.00

$1,406.00

0.2

170.00

$34.00

0.2

170.00

$34.00

03-18-2015
03-18-2015

03-19-2015
03-19-2015

Attorney Blair's .5 time entry for
discussing trial strategy with
Attorneys Klecan and Cook is not
an internal conference, nor is it
vague. (See above).

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-19-2015 L. SIMONINI DRAFT TRIAL SUBPOENA AND LETTER TO R.
CRANE
03-19-2015 L. SIMONINI DRAFT TRIAL SUBPOENA AND LETTER TO C.
ELDRIDGE
03-19-2015 L. SIMONINI TELEPHONE CALL C. ELDRIDGE REGARDING
TRIAL TESTIMONY
03-19-2015 L. SIMONINI TWO TELEPHONE CALLS CLIENT [Privileged
Communication]
03-19-2015 L. SIMONINI ADDRESS ISSUES REGARDING WITNESSES
TO BE CALLED AT TRIAL

0.2

170.00

$34.00

0.3

170.00

$51.00

0.3

170.00

$51.00

0.2

170.00

$34.00

1.5

170.00

$255.00 Vague

03-19-2015 L. SIMONINI CONTINUE PREPARING ELECTRONIC
PRESENTATION OF EXHIBITS AND
DEPOSITION TRANSCRIPTS AT TRIAL
03-19-2015 L. SIMONINI STUDY GROUSE CHART AND DEPARTMENT
OF LABOR DOCUMENTS TO DETERMINE
WHETHER THERE IS ANY SUPPORTING
EVIDENCE FOR THE CHART

3.1

170.00

$527.00

2.6

170.00

$442.00 Excessive, duplicative of
5/22/13, 7/22/13,
12/18/13, 1/16/14,
3/19/14, 3/25/14 and
1/15/15 entries

03-19-2015 L. SIMONINI STUDY E-MAIL FROM CAP ATTORNEY
REGARDING WITNESS TESTIMONY
03-19-2015 L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
REGARDING TRIAL SUBPOENAS

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

0.1

170.00

$17.00

0.4

170.00

$68.00

0.3

170.00

$51.00

0.7

170.00

$119.00

Gressett Reply

03-19-2015 L. SIMONINI DRAFT SECOND E-MAIL TO CAP ATTORNEY
REGARDING TRIAL SUBPOENAS
03-19-2015 L. SIMONINI DRAFT GRESSETT PORTION OF WITNESS
LIST
03-19-2015 L. SIMONINI EXCHANGE E-MAIL WITH CAP PARALEGAL
REGARDING JOINT WITNESS LIST
03-19-2015 L. SIMONINI IDENTIFY AND PREPARE MATERIALS FOR
TRIAL TEAM MEETING

Paralegal Simonini's 1.5 time entry
to address issues relating to
witnesses called to trial is not
vague. It is the assignment
referenced above by Renaud Cook
Drury Mesaros, P.A. attorneys to
propose how all of the direct case
witness testimony would be
presented without being duplicated.

Paralegal Simonini's 2.6 time entry
is neither excessive nor duplicative
of her earlier attempts to identify
any supporting evidence for the
Grouse "leave taken" chart.
Plaintiff Gressett's team was trying
to determine and confirm it could
get the chart into evidence
independent of what CAP chose to
do about the contents of the chart.

Paralegal Simonini's .1 time entry
to prepare an email to CAP's
counsel is not excessive billing.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-19-2015

D. BARNES

RESEARCH AND ANALYZE NOTICE
REQUIREMENTS UNDER THE FAMILY
MEDICAL LEAVE ACT

1.3

360.00

$468.00 Background research,
duplicative

03-19-2015

D. BARNES

PREPARE OUTLINE OF FAMILY MEDICAL
LEAVE ACT NOTICE REQUIREMENTS

0.7

360.00

03-19-2015

D. BARNES

1.3

360.00

03-19-2015

J. KLECAN

RESEARCH AND ANALYZE THE LAW OF THE
CASE DOCTRINE RELATED TO ADMISSIBLE
TESTIMONY
MEETINGS (2) WITH TRIAL TEAM TO
DISCUSS STRATEGY, THEME,
SIMPLIFICATION, COMPARISON OF
DEPARTMENT OF LABOR TABLE TO
TERMINATION LETTER

$252.00 Duplicative of 10/2/14,
10/19/14, 10/20/14,
10/22/14, 10/23/14,
10/27/14, 10/28/14,
10/29/14, 10/31/14,
11/13/14, 1/7/15, and
1/16/15 entries
$468.00

4.5

380.00

03-19-2015

J. BLAIR

DRAFT TRIAL BRIEFS REGARDING GROUSE
CHART, CAP'S RELIANCE ON ATTENDANCE
POLICIES, DIRECTED VERDICT

2.2

380.00

03-19-2015

J. BLAIR

ADDRESS GRESSETT RESEARCH ISSUES,
REVIEW SUPPORTING CASE LAW

0.8

380.00

03-19-2015

J. BLAIR

STUDY EXPERT BJORKLUND'S
SUPPLEMENTAL NUMBERS, PLAN DIRECT
TESTIMONY

1.8

380.00

$1,710.00 Internal Conference

Gressett Reply

Attorney Barnes' 1.3 time entry to
analyze the FMLA Notice
Requirements is supplemental to
prior research, not duplicative of
that earlier research. It is also not
background research because it is
specifically tied to Plaintiff
Gressett's testimony.
Attorney Barnes' .7 time entry to
outline FMLA Notice
Requirements is not duplicative of
earlier research efforts, but
supplemental.

Attorney Klecan's 4.5 time entry to
plan the trial presentation is not an
internal conference. Attorney
Klecan is an experienced trial
attorney brought in for this single
purpose. These trial team meetings
were requested and approved by
Plaintiff Gressett.
$836.00 Excessive - no trial brief Attorney Blair's 2.2 time entry to
filed or required by Court draft trial briefs relating to the
Grouse chart and the attendance
policies became the basis for
Plaintiff Gressett's argument for
"directed verdict" immediately
after witness testimony. It is not
excessive.
$304.00 Vague
Attorney Blair's .8 time entry to
review the issues researched by
Attorney Barnes as well as
supporting case law is not vague.
$684.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-19-2015

J. BLAIR

03-19-2015

Description

T. COOK

TRIAL PREPARATION

Hours

Rate

Amount

CAP Objections

1.5

380.00

$570.00 Vague

STUDY, NOTATE AND ANALYZE EXHIBITS
TO DEPOSITION OF T. DELGADO
03-19-2015
T. COOK
STUDY MOTIONS IN LIMINE, CASE LAW
CITED BY DEFENDANT AND FORMULATE
PLAN OF ACTION TO CHALLENGE EACH
DURING TRIAL
03-20-2015 L. SIMONINI CONFERENCE CALL WITH CAP ATTORNEYS
AND TRIAL TEAM REGARDING TRIAL
WITNESSES AND TRIAL EXHIBITS TO BE
ADMITTED
03-20-2015 L. SIMONINI TRIAL TEAM MEETING REGARDING
WITNESSES, TRIAL EXHIBITS AND WITNESS
TESTIMONY

5.2

380.00

$1,976.00

3.9

380.00

$1,482.00

1.4

170.00

$238.00

1.5

170.00

$255.00 Internal Conference

03-20-2015 L. SIMONINI MEET WITH JUDGE TEILBORG'S STAFF AND
MARK TRIAL EXHIBITS, WITNESS LIST AND
CONFIRM FUNCTIONALITY OF ELECTRONIC
TRIAL EXHIBIT PRESENTATION
03-20-2015 L. SIMONINI ATTEND TRIAL TEAM MEETING REGARDING
ITEMS TO BE ADDRESSED BEFORE START OF
TRIAL

1.7

170.00

$289.00

1.0

170.00

$170.00 Internal Conference

03-20-2015 L. SIMONINI CONFIRM T. DELGADO EXHIBITS HAVE BEEN
MARKED
03-20-2015 L. SIMONINI STUDY E-MAIL FROM CAP PARALEGAL
REGARDING WITNESS LIST
03-20-2015 L. SIMONINI STUDY E-MAIL FROM COURT CLERK
REGARDING LENGTH OF TRIAL DAYS AND
WITNESS LIST
03-20-2015 L. SIMONINI PREPARE BACK UP ELECTRONIC
PRESENTATION IN CASE LAPTOP FAILS
DURING TRIAL

0.2

170.00

$34.00

0.1

170.00

$17.00

0.1

170.00

$17.00

0.6

170.00

$102.00

Gressett Reply

Attorney Blair's 1.5 time entry for
trial preparation is not vague. It
represents his attendance at some of
the trial strategy meetings involving
Attorney Klecan (above) and
requested and approved by Plaintiff
Gressett.

Paralegal Simonini's 1.5 time entry
for a trial team meeting regarding
witnesses and exhibits is not an
internal conference. No one else
billed for this time.

Paralegal Simonini's 1.0 time entry
to attend a trial team meeting is not
an internal conference. Plaintiff
Gressett requested that Paralegal
Simonini and the trial attorneys
meet just before trial to get
everyone on the same page. She
approved this and other billings by
the trial attorneys on these two days
before trial.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-20-2015 L. SIMONINI UPDATE TRIAL TEAM NOTEBOOKS
CONTAINING PERTINENT COURT FILINGS
03-20-2015 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING TRIAL
03-20-2015 L. SIMONINI STUDY E-MAIL FROM EXPERT MCRAE
REGARDING TRIAL

0.8

170.00

$136.00

0.1

170.00

$17.00

0.1

170.00

$17.00 Excess billing for email
exchange

03-20-2015 L. SIMONINI IDENTIFY AND PREPARE EXHIBITS
REQUESTED BY EXPERT MCRAE
03-20-2015 D. BARNES RESEARCH AND ANALYZE CASE LAW
RELATED TO APPLICATION OF ATTORNEY
CLIENT PRIVILEGE AS BOTH SWORD AND
SHIELD
03-20-2015 D. BARNES PREPARE OUTLINE OF CASE LAW TO
SUPPORT THE ARGUMENT THAT
DEFENDANT MAY NOT RELY ON
TESTIMONY AT TRIAL THAT WAS
PREVIOUSLY DEEMED TO BE ATTORNEY
CLIENT PRIVILEGED
03-20-2015 D. BARNES PREPARE OUTLINE OF CASE LAW RELATED
TO THE LAW OF THE CASE DOCTRINE AND
ITS APPLICABILITY TO TESTIMONY AT
TRIAL
03-20-2015 J. KLECAN MEET WITH TRIAL TEAM REGARDING
STRATEGY AND WITH T. COOK AND CLIENT
TO GO OVER HER TESTIMONY [Privileged
Communication]

1.3

170.00

$221.00

1.6

360.00

$576.00

0.6

360.00

$216.00

0.3

360.00

$108.00

3.2

380.00

$1,216.00 Internal Conference,
Block Billing

03-20-2015

J. KLECAN

2.7

380.00

$1,026.00

03-20-2015

J. BLAIR

0.4

380.00

$152.00

03-20-2015

J. BLAIR

1.2

380.00

$456.00 Excessive - no briefing
filed

Gressett Reply

RESEARCH ON PROOF OF FACTS FOR FMLA
TRIAL AND ON PROOF OF BAD FAITH
INCLUDING ARIZONA DECISION THAT
FAILING TO FOLLOW PERSONNEL POLICY IS
BAD FAITH
TELEPHONE CALLS WITH P. BJORKLUND
REGARDING TESTIMONY
ATTEND PORTION OF PREPARATION
MEETING WITH A. GRESSETT [Privileged
Communication]

Paralegal Simonini's .1 time entry
to review an email from Expert
McRae is not excessive billing.

Attorney Klecan's 3.2 time entry to
meet with the trial team this date
and with Attorney Cook and
Plaintiff Gressett to discuss her
testimony is not an internal
conference and was specifically
requested by Plaintiff Gressett.
First time entry (1.5); second time
entry (1.7).

Attorney Blair's 1.2 time entry to
attend a portion of the Gressett
prep session was critically
important and appropriate. (See
above). The briefing criticism is
misplaced.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-20-2015

J. BLAIR

03-20-2015

J. BLAIR

03-20-2015

J. BLAIR

03-20-2015

J. BLAIR

03-20-2015

Description

T. COOK

TELEPHONE CALL WITH CAP'S COUNSEL
REGARDING EXHIBITS, WITNESSES
REVIEW BRIEFING FOR TRIAL, MAKE
REVISIONS TO SAME
PLAN EXPERT BJORKLUND'S TESTIMONY,
REVIEW EXHIBITS
TRIAL TEAM STATUS MEETING

Hours

Rate

Amount

CAP Objections

2.2

380.00

$836.00

1.2

380.00

$456.00

1.4

380.00

$532.00

1.5

380.00

$570.00 Internal Conference

STUDY DEPOSITION AND EXHIBITS AND
NOTATE DEPOSITION OF M. COOK; BEGIN
OUTLINE OF EXAMINATION
03-20-2015
T. COOK
STUDY DEPOSITION AND EXHIBITS AND
NOTATE SPECIFIC TESTIMONY REGARDING
LUDKE; BEGIN OUTLINE OF EXAMINATION
03-20-2015
T. COOK
STUDY AND NOTATE MEDICAL RECORDS
FOR USE DURING EXAMINATION OF
ELDRIDGE
03-21-2015 L. SIMONINI STUDY GRESSETT'S JOB SEARCH DATA AND
CREATE DEMONSTRATIVE EXHIBIT
SUMMARIZING SAME

5.5

380.00

$2,090.00

4.6

380.00

$1,748.00

2.3

380.00

$874.00

2.8

170.00

$476.00 Unnecessary
(demonstrative exhibit
not used)

03-21-2015 L. SIMONINI STUDY CAP'S TERMINATION POLICY AND
IDENTIFY ITEMS TO CHALLENGE FOR CAP'S
FAILURE TO FOLLOW POLICY
03-21-2015 L. SIMONINI CONTINUE PREPARING ELECTRONIC
PRESENTATION OF TRIAL EXHIBITS,
INCLUDING EXPERT BJORKLUND'S
DEMONSTRATIVE EXHIBITS
03-21-2015 L. SIMONINI CONFIRM CAP DID NOT REQUEST
GRESSETT'S IMPEACHMENT EVIDENCE
03-21-2015 L. SIMONINI STUDY STATE BAR'S JUDGMENT AGAINST
ATTORNEY KRUMWEIDE TO IDENTIFY
ITEMS REFERENCED IN SAME TO
CHALLENGE CAP'S TRIAL EXHIBITS
REGARDING KRUMWEIDE
03-21-2015 J. KLECAN STUDY M. COOK'S NOTES TO ASSIST WITH
CROSS X

0.8

170.00

$136.00

1.9

170.00

$323.00

0.3

170.00

$51.00

0.6

170.00

$102.00

1.5

380.00

$570.00

Gressett Reply

Attorney Blair's 1.5 time entry to
attend a portion of the trial team
status meeting is not an internal
conference. (See above).

Paralegal Simonini's 2.8 time entry
to summarize Plaintiff Gressett's
job search data and develop a
demonstrative exhibit illustrating
same was necessary. The exhibit
became an outline for taking direct
testimony from Plaintiff Gressett.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-21-2015

J. BLAIR

03-21-2015

Description

T. COOK

Rate

Amount

CAP Objections

3.2

380.00

$1,216.00 Block billing, vague

6.5

380.00

5.0

380.00

$1,900.00

3.0

380.00

$1,140.00

1.0

170.00

$170.00

1.5

170.00

$255.00 Unnecessary
(demonstrative exhibit
not used)

4.2

170.00

$714.00

1.2

170.00

$204.00 Internal Conference

03-22-2015 L. SIMONINI STUDY TWO E-MAILS FROM EXPERT MCRAE
REGARDING MATERIALS SUPPORTING
OPINION

0.2

170.00

03-22-2015 L. SIMONINI IDENTIFY ADDITIONAL MATERIALS TO BE
FORWARDED TO EXPERT MCRAE
03-22-2015 L. SIMONINI DRAFT E-MAIL TO EXPERT MCRAE
REGARDING MATERIALS SUPPORTING
OPINION

0.6

170.00

$102.00

0.1

170.00

$17.00

Gressett Reply

$2,470.00

03-21-2015

03-21-2015

03-22-2015

03-22-2015

03-22-2015

03-22-2015

PREPARE FOR TRIAL, REVIEW PRETRIAL
MATERIALS

Hours

STUDY AND NOTATE DEPOSITION OF C.
ELDRIDGE
T. COOK
BASED UPON FULL CASE REVIEW, PREPARE
PRELIMINARY OUTLINES FOR OPENING,
CLOSING, EXAMINATIONS OF ALL
PLAUSIBLE WITNESSES AT TRIAL
T. COOK
MEET AND CONFER AND PREPARE CLIENT
FOR TESTIMONY AT TRIAL [Privileged
Communication]
S. KING
STUDY DEFENDANT CAP'S RESPONSES TO
GRESSETT'S REQUEST FOR PRODUCTION OF
DOCUMENTS SET THREE AND FOUR AND
ATTACHED DOCUMENT PRODUCTION FOR
INFORMATION REGARDING HR TRACKING
OF FMLA HOURS IN PREPARATION FOR
TRIAL
S. KING
PREPARE ANALYSIS OF PLAINTIFF
GRESSETT'S JOB SEARCH AS OUTLINED IN
TRIAL EXHIBITS 14 THROUGH 16 IN
PREPARATION FOR DEMONSTRATIVE FOR
TRIAL
L. SIMONINI ASSIST ATTORNEY COOK IN PREPARING
CLIENT FOR DIRECT AND CROSS
EXAMINATION
L. SIMONINI ADDRESS ISSUES WITH ATTORNEY BLAIR
REGARDING DIRECT EXAMINATION OF
EXPERT BJORKLUND

$34.00 Excessive billing for
email exchange

Attorney Blair's 3.2 time entry to
prepare for trial by reviewing all of
the pretrial materials is not block
billing nor vague.

Paralegal King's 1.5 time entry to
assist in the preparation of the
Gressett job search material was
necessary. See above.

Paralegal Simonini's 1.2 time entry
to assist Attorney Blair with the
examination of Expert Bjorklund is
not an internal conference. No one
else billed for this time.
Paralegal Simonini's .2 time entry
to review two emails from Expert
McRae is not excessive billing. (.1)
per email.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

03-22-2015 L. SIMONINI REVISE POTENTIAL DEMONSTRATIVE
EXHIBIT REGARDING GRESSETT'S JOB
SEARCHES

0.8

170.00

$136.00 Unnecessary
(demonstrative exhibit
not used)

03-22-2015 L. SIMONINI IDENTIFY AND PREPARE ADDITIONAL
MATERIALS TO BE USED AS TRIAL EXHIBITS
03-22-2015 L. SIMONINI EXCHANGE E-MAIL WITH CAP ATTORNEY
REGARDING TRIAL EXHIBIT ONE
03-22-2015 J. KLECAN ASSIST WITH TRIAL PREPARATION

0.8

170.00

$136.00

0.1

170.00

$17.00

2.0

380.00

$760.00 Vague

Attorney Klecan's 2.0 time entry to
assist with trial prep reflects his
work with the trial attorney team
each day based on what occurred
that day and what was anticipated
the next day. It is not vague.

03-22-2015

J. KLECAN

ASSIST WITH TRIAL PREPARATION

2.0

380.00

$760.00 Vague

Attorney Klecan's 2.0 time entry to
assist with trial prep reflects his
work with the trial attorney team
each day based on what occurred
that day and what was anticipated
the next day. It is not vague. This
was the second conference that
day.

03-22-2015

J. BLAIR

1.0

380.00

$380.00

03-22-2015

J. BLAIR

TELEPHONE CALL WITH P. BJORKLUND
REGARDING TESTIMONY
PREPARE FOR TRIAL, STUDY EXPERT
REPORTS

2.5

380.00

$950.00 Vague, block billing

03-22-2015

T. COOK

10.0

380.00

$3,800.00

03-22-2015

T. COOK

0.1

380.00

$38.00

03-22-2015

T. COOK

6.4

380.00

$2,432.00

03-23-2015

S. KING

0.2

170.00

$34.00

FINAL PREPARATIONS FOR TRIAL:
COMPLETE OPENING, DIRECT OF CLIENT,
STUDY OF FMLA LAW AND REGULATIONS,
REVIEW FINAL PRE-TRIAL STATEMENT,
DIRECT OF MODEER
STUDY EMAIL FROM G. MCRAE REGARDING
SCOPE OF TESTIMONY
MEET, CONFER WITH, AND PREPARE CLIENT
FOR TRIAL [Privileged Communication]
EMAIL TO EXPERT GINGER MCRAE
REGARDING POTENTIAL TRIAL TESTIMONY

Paralegal Simonini's .8 time entry
to prepare the job search
presentation at trial was necessary.
See above.

Attorney Blair's 2.5 time entry
documents his review of Expert
Bjorklund and Expert Cameron's
reports and his assistance to trial
Attorney Cook that trial day. It is
not vague. (1.3); time entry two
(1.2)

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

03-23-2015

S. KING

03-23-2015

S. KING

REVIEW TRIAL EXHIBITS 14 AND 15
REGARDING GINGER MCRAE'S EXPERT
REPORT AND CREATE BULLET POINT
ANALYSIS IN PREPARATION FOR MEETING
WITH ATTORNEYS AND EXPERT MCRAE
STUDY AND PREPARE ANALYSIS OF
SUPPLEMENTAL REPORT OF EXPERT
MCCRAE IN PREPARATION FOR EXPERT
PREPARATION FOR TRIAL
ATTEND DAY ONE OF TRIAL; ASSIST WITH
SELECTION OF JURY, ELECTRONIC
PRESENTATION OF EXHIBITS DURING
OPENING, DIRECT EXAMINATION OF
GRESSETT AND EXAMINATION OF D.
MODEER
ADDRESS ISSUES WITH ATTORNEYS COOK,
BLAIR, KLECAN AND EXPERT MCRAE
REGARDING NEXT DAY OF TRIAL
IDENTIFY AND PREPARE MATERIALS FOR
TRIAL
PREPARE TRIAL EXHIBIT REGARDING
EXPERT BJORKLUND
DRAFT E-MAIL TO CAP ATTORNEY
REGARDING EXPERT BJORKLUND EXHIBIT
TELEPHONE CALL C. ELDRIDGE REGARDING
TRIAL TESTIMONY
FIRST DAY OF TRIAL, REVIEW TRIAL DAY 1
AND PREPARE FOR DAY 2
TRIAL DAY ONE: ORAL ARGUMENTS ON
JURY INSTRUCTIONS, ISSUES RELATED TO
PERMISSION TO CALL EXPERT MCRAE,
OPENING STATEMENTS, GRESSETT, MODEER

03-23-2015 L. SIMONINI

03-23-2015 L. SIMONINI

03-23-2015 L. SIMONINI
03-23-2015 L. SIMONINI
03-23-2015 L. SIMONINI
03-23-2015 L. SIMONINI
03-23-2015

J. BLAIR

03-23-2015

T. COOK

03-23-2015

T. COOK

03-23-2015

T. COOK

03-23-2015

T. COOK

03-23-2015

T. COOK

PRE-TRIAL PREPARATIONS: COMPLETE
OUTLINE AND PRACTICE OPENING
STATEMENT
PRE-TRIAL PREPARATIONS: OUTLINE ISSUES
TO RAISE WITH COURT BEFORE START OF
TRIAL
POST-TRIAL PREPARATIONS: STUDY TRIAL
TRANSCRIPTS FROM DAY ONE
POST-TRIAL PREPARATIONS: MEET AND
CONFER WITH G. MCRAE

Hours

Rate

Amount

2.5

170.00

$425.00

0.4

170.00

$68.00

8.5

170.00

$1,445.00

1.4

170.00

$238.00

1.3

170.00

$221.00

0.3

170.00

$51.00

0.1

170.00

$17.00

0.3

170.00

$51.00

11.5

380.00

$4,370.00

8.5

380.00

$3,230.00

1.5

380.00

$570.00

0.6

380.00

$228.00

1.5

380.00

$570.00

1.0

380.00

$380.00

CAP Objections

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

03-24-2015

S. KING

STUDY AND SEND EXPERT PAUL
BJORKLUND HIS DEPOSITION AND EXHIBITS
PER EMAIL FROM ATTORNEY COOK IN
PREPARATION OF HIS TRIAL TESTIMONY

0.2

170.00

03-24-2015

S. KING

PREPARE DEPOSITION SUMMARY OF
DEFENDANT'S EXPERT CATHERINE
CAMERON FOR TRIAL TEAM
ATTEND DAY TWO OF TRIAL; ASSIST WITH
ELECTRONIC PRESENTATION OF EXHIBITS
DURING CONTINUED DIRECT EXAMINATION
OF GRESSETT AND EXPERT BJORKLUND
EXCHANGE E-MAIL WITH COURT REPORTER
REGARDING DAILY EXHIBITS
STUDY EXPERT DOCUMENTS TO IDENTIFY
ADDITIONAL EXHIBITS TO BE SHOWN TO
EXPERT BJORKLUND
STRATEGY SESSION WITH ATTORNEYS
COOK, KLECAN AND BLAIR AND EXPERT
MCRAE REGARDING EXAMINATION OF M.
RUZICH AND EXPERT MCRAE'S DIRECT
EXAMINATION
IDENTIFY AND PREPARE EXHIBITS AND
MATERIALS FOR SECOND DAY OF TRIAL
PROPOSED CROSS EXAMINATION
QUESTIONS ON LACK OF PROOF THAT FMLA
TIME WAS GRANTED
MEET WITH TRIAL TEAM AT END OF DAY TO
DISCUSS STRATEGY

2.4

170.00

$408.00

8.5

170.00

$1,445.00

0.2

170.00

$34.00

0.6

170.00

$102.00

1.4

170.00

$238.00

1.1

170.00

$187.00

0.4

380.00

$152.00

0.8

380.00

$304.00 Internal Conference

11.8

380.00

$4,484.00

8.5

380.00

$3,230.00

3.0

380.00

$1,140.00

1.8

380.00

$684.00

0.1

170.00

$17.00

03-24-2015 L. SIMONINI

03-24-2015 L. SIMONINI
03-24-2015 L. SIMONINI

03-24-2015 L. SIMONINI

03-24-2015 L. SIMONINI
03-24-2015

J. KLECAN

03-24-2015

J. KLECAN

03-24-2015

J. BLAIR

03-24-2015

T. COOK

03-24-2015

T. COOK

TRIAL DAY 2, PREPARE FOR EXPERT
BJORKLUND TESTIMONY, PREPARE FOR
DAY 3
TRIAL DAY TWO: CLIENT, BJORKLUND

PRE-TRIAL PREPARATIONS: FINALIZE
PREPARATIONS FOR COMPLETING DIRECT
OF CLIENT, BEGIN OUTLINE OF DIRECT OF
MCRAE, SELECTION OF TRIAL EXHIBITS
03-24-2015
T. COOK
POST-TRIAL STUDY OF TESTIMONY AND
TRIAL TRANSCRIPTS
03-25-2015 L. SIMONINI DRAFT TRANSCRIPT REQUEST FORM FOR M.
COOK TESTIMONY

Hours

Rate

Amount

CAP Objections

$34.00 Clerical

Gressett Reply

Paralegal King's .2 time entry to
pull and send Expert Bjorklund
materials in advance of his trial
testimony is not clerical. Only a
paralegal could locate these
materials in a timely fashion.

Attorney Klecan's .8 time entry to
meet with the trial team and
strategize is not an internal
conference. See above.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-25-2015 L. SIMONINI ATTEND THIRD DAY OF TRIAL; ASSIST
DURING CROSS EXAMINATION OF M. COOK
AND C. ELDRIDGE AND REDIRECT OF
EXPERT BJORKLUND
03-25-2015 L. SIMONINI ATTEND STRATEGY SESSION WITH
ATTORNEYS COOK, BLAIR AND KLECAN
REGARDING DAY FOUR OF TRIAL

8.5

170.00

0.5

170.00

03-25-2015

J. KLECAN

DIRECT EXAM OF EXPERT

0.5

380.00

$190.00

03-25-2015

J. KLECAN

0.5

380.00

$190.00

03-25-2015

J. KLECAN

RESEARCH ON ESTOPPEL REGARDING
CHART AND PROPOSED NEW COLUMN
ATTEND TRIAL TO DISCUSS POSSIBLE
OBJECTIONS TO CHART

1.0

380.00

$380.00 Did not participate in
trial, vague

03-25-2015

S. KING

PREPARE COPIES OF DAILY COURT
TRANSCRIPTS OF TRIAL TESTIMONY FOR
CASE TEAM

0.3

170.00

$51.00 Clerical

03-25-2015

S. KING

0.5

170.00

$85.00

2.0

360.00

$720.00

11.6

380.00

$4,408.00

8.5

380.00

$3,230.00

3.0

380.00

$1,140.00

1.0

380.00

$380.00

1.3

380.00

$494.00

0.6

170.00

$102.00

Gressett Reply

03-25-2015
03-25-2015

03-25-2015
03-25-2015

03-25-2015
03-25-2015
03-26-2015

RESEARCH FEBRUARY 2010 VERSION OF
29CFR 825 FOR TRIAL TEAM
D. BARNES RESEARCH AND ANALYZE DEFENSES TO
AFTER ACQUIRED EVIDENCE DOCTRINE
J. BLAIR
TRIAL DAY 3; REVIEW DAY 3 AND PREPARE
FOR DAY 4, PREPARE FOR JURY
INSTRUCTIONS AND MOTIONS
T. COOK
TRIAL DAY THREE: BJORKLUND, COOK,
ELDRIDGE
T. COOK
PRE-TRIAL PREPARATIONS: COMPLETE
CROSS OF COOK AND ELDRIDGE, STUDY
AND SELECT TRIAL EXHIBITS
T. COOK
POST-TRIAL PREPARATIONS: MEET AND
CONFER WITH G. MCRAE
T. COOK
POST-TRIAL REVIEW OF TESTIMONY AND
TRIAL TRANSCRIPTS
L. SIMONINI PREPARE MATERIALS FOR DAY FOUR OF
TRIAL

$1,445.00

$85.00 Internal Conference

Paralegal Simonini's .5 time entry
to attend that particular strategy
session with the trial attorneys and
Attorney Klecan is not an internal
conference. See above.

Attorney Klecan's 1.0 time entry to
review testimony from the
courtroom as it was presented is not
vague. While not making an
appearance at trial, he participated
behind the scenes to assist at trial
presentation. He was present in the
courtroom for a portion of the Mike
Cook testimony.
Paralegal King's .3 time entry to
organize the daily transcripts for
use by the trial attorneys is not
clerical. Only someone familiar
with the case could do this
efficiently.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-26-2015 L. SIMONINI ATTEND DAY FOUR OF TRIAL; ASSIST
DURING EXAMINATION OF EXPERT MCRAE,
WITNESSES M. LUDKE AND T. DELGADO
03-26-2015 L. SIMONINI ATTEND STRATEGY SESSION WITH
ATTORNEYS COOK AND BLAIR AND CLIENT
[Privileged Communication]
03-26-2015
S. KING
PERFORM LEGAL RESEARCH AND PREPARE
COPY OF ACTIVE FMLA 29CFR 825 FOR TRIAL
TEAM
03-26-2015 D. BARNES RESEARCH AND ANALYZE CASE LAW AND
STATUTES RELATED TO LIQUIDATED
DAMAGES AND EQUITABLE RELIEF (FRONT
PAY) UNDER THE FAMILY MEDICAL LEAVE
ACT

8.5

170.00

$1,445.00

1.7

170.00

$289.00

0.4

170.00

$68.00

1.5

360.00

$540.00 Duplicative of 9/25/14
and 9/30/14 entries

03-26-2015

D. BARNES

0.7

360.00

$252.00

03-26-2015

D. BARNES

0.5

360.00

$180.00

03-26-2015

D. BARNES

0.5

360.00

$180.00

03-26-2015

D. BARNES

0.7

360.00

$252.00

03-26-2015

J. KLECAN

0.8

380.00

$304.00

03-26-2015

J. BLAIR

11.5

380.00

$4,370.00

03-26-2015

T. COOK

2.4

380.00

$912.00

03-26-2015

T. COOK

2.0

380.00

$760.00

03-26-2015

T. COOK

8.5

380.00

$3,230.00

Gressett Reply

RESEARCH AND ANALYZE CASE LAW AND
STATUES RELATED TO WHEN LIABILITY
ATTACHES IN CLAIMS UNDER THE FAMILY
MEDICAL LEAVE ACT
REVIEW STANDARD LANGUAGE FOR JURY
INSTRUCTION ON AFTER ACQUIRED
EVIDENCE AND DEFENDANT'S PROPOSED
JURY INSTRUCTION REGARDING AFTER
ACQUIRED EVIDENCE
DRAFT JURY INSTRUCTION FOR AFTERACQUIRED EVIDENCE
REVIEW AND ANALYSIS OF AFTERACQUIRED EVIDENCE
PREPARE CROSS EXAMINATION OF
CAMERON
TRIAL DAY 4, REVIEW DAY 4 AND PREPARE
FOR DAY 5, DIRECTED VERDICT ARGUMENT
STUDY TESTIMONY ELICITED FROM
DEFENDANT REGARDING AFTER ACQUIRED
EVIDENCE, STUDY CASE LAW REGARDING
SAME, EVALUATE AND PLAN DIRECT
EXAMINATION OF CLIENT TO CLOSE
REMAINING LOOPS ON DEFENSE
DRAFT CLOSING ARGUMENT, STUDY TRIAL
TRANSCRIPTS FOR TESTIMONY
REFERENCES, REVIEW TRIAL EXHIBITS FOR
USE IN CLOSING
TRIAL DAY FOUR: MCRAE, LUDKE,
DELGADO

Attorney Barnes' 1.5 time entry to
research liquidated damages and
front pay issues is not duplicative
of any other time entries. As the
trial wound down, and the Court
requested a memo on these issues,
this research effort became critical.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

03-26-2015

Description

T. COOK

Hours

Rate

Amount

CAP Objections

PRETRIAL PREPARATIONS: FINALIZE
EXAMINATIONS OF LUDKE, MCRAE,
DELGADO, RUZICH
03-27-2015 L. SIMONINI STUDY TRANSCRIPT OF LUDKE TESTIMONY
TO IDENTIFY ITEMS FOR CLOSING
ARGUMENTS
03-27-2015 L. SIMONINI PREPARE SUMMARY OF EXHIBIT 35 FOR
ATTORNEY COOK'S USE IN CLOSING
ARGUMENT
03-27-2015 L. SIMONINI ATTEND LAST DAY OF TRIAL; ASSIST
DURING EXAMINATION OF M. RUZICH AND
CLOSING ARGUMENTS
03-27-2015
S. KING
PREPARE BILL OF COSTS TO INCLUDE TRIAL
TRANSCRIPTS
03-27-2015
S. KING
REVIEW ATTORNEYS FEES FROM
CUMULATIVE BILL AND SPLIT BY TIME
KEEPER IN PREPARATION FOR APPLICATION
FOR ATTORNEYS FEES
03-27-2015
J. BLAIR
TRIAL DAY 5, DIRECTED VERDICT
ARGUMENT
03-27-2015
T. COOK
ATTEND TRIAL: JURY INSTRUCTIONS,
RUZICH, GRESSETT, RULE 50 MOTIONS,
CLOSING ARGUMENTS, VERDICT
03-27-2015
T. COOK
PRETRIAL PREPARATIONS: FINALIZE DIRECT
EXAMINATION OF RUZICH, EVALUATE TIME
LIMITATIONS IMPOSED BY COURT AND
AREAS WHERE CUTS CAN BE MADE
WITHOUT UNDULY COMPROMISING CASE IN
CHIEF, FINALIZE CLOSING ARGUMENT

1.8

380.00

$684.00

1.7

170.00

$289.00

0.6

170.00

$102.00

8.5

170.00

$1,445.00

0.5

170.00

$85.00

0.5

170.00

$85.00

8.5

380.00

$3,230.00

8.5

380.00

$3,230.00

4.0

380.00

$1,520.00

03-28-2015

1.2

380.00

$456.00 Internal conference,
duplicative of 1/24/14,
1/27/14, 9/25/14,
9/30/14, 10/24/14,
12/22/14, and 3/26/15
entries

3.7

170.00

$629.00

1.1

170.00

$187.00

Gressett Reply

J. BLAIR

STUDY CASE LAW SUPPORTING LIQUIDATED
DAMAGES AND FRONT PAY, EMAIL TO
LITIGATION TEAM

03-30-2015 L. SIMONINI STUDY TRIAL TRANSCRIPTS TO IDENTIFY
TESTIMONY SUPPORTING BRIEF FOR FRONT
PAY AND LIQUIDATED DAMAGES
03-30-2015 L. SIMONINI IDENTIFY PERTINENT TRIAL EXHIBITS TO
SUPPORT BRIEF SEEKING FRONT PAY AND
LIQUIDATED DAMAGES

Attorney Blair's 1.2 time entry to
review the liquidated damages and
front pay case law and summarize
same in an email is not an internal
conference and not duplicative of
any other efforts. He needed this
info to prepare the post-trial brief
requested by Judge Teilborg.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

03-30-2015 L. SIMONINI CONFIRM ACCURACY OF CASE CITATIONS
IN BRIEF SEEKING FRONT PAY AND
LIQUIDATED DAMAGES
03-30-2015 L. SIMONINI STUDY CAP'S PROPOSED FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND IDENTIFY
TRIAL TESTIMONY AND EXHIBITS
COUNTERING ASSERTIONS IN SAME
03-30-2015 L. SIMONINI STUDY CAP'S BRIEF REGARDING FRONT PAY
AND IDENTIFY TRIAL TESTIMONY AND
EXPERTS COUNTERING ASSERTIONS MADE
IN SAME
03-30-2015
S. KING
PREPARE ANALYSIS OF NONTAXABLE AND
TAXABLE COSTS
03-30-2015 D. BARNES REVIEW AND ANALYZE ANY SIGNIFICANT
UPDATES IN CASE LAW RELATED TO
EQUITABLE DAMAGES AND LIQUIDATED
DAMAGES IN FAMILY MEDICAL LEAVE ACT
CASES

1.2

170.00

170.00

170.00

$204.00

0.5

170.00

$85.00

1.4

360.00

03-30-2015

8.2

380.00

3.1

170.00

$527.00

1.5

170.00

$255.00

2.1

380.00

$798.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)

$272.00

1.2

Gressett Reply

$204.00

1.6

CAP Objections

J. BLAIR

DRAFT BRIEF SEEKING LIQUIDATED
DAMAGES AND FRONT PAY, REVISE SAME,
FINALIZE SAME, WORK WITH PARALEGAL
SIMONINI TO COORDINATE SUPPORTING
EVIDENCE, WORK WITH ATTORNEY COOK
TO ORGANIZE SAME, AND OVERVIEW
FILINGS BY CAP

03-31-2015 L. SIMONINI IDENTIFY AND PREPARE TRIAL TESTIMONY,
TRIAL EXHIBITS AND CASE LAW FOR ORAL
ARGUMENT ON LIQUIDATED DAMAGES AND
FRONT PAY
03-31-2015 L. SIMONINI ATTEND ORAL ARGUMENT ON LIQUIDATED
DAMAGES AND FRONT PAY
03-31-2015
J. BLAIR
REVIEW MATERIALS FILED BY CAP, HELP
ATTORNEY COOK PREPARE FOR ARGUMENT

$504.00 Excessive, duplicative of Attorney Barnes 1.4 time entry is to
J. Blair 3/28/15 entry
update any earlier research on
liquidated damages and front pay.
It is not excessive, nor duplicative
of any work by Attorney Blair. Her
efforts fed his efforts.
$2,492.80 Internal Conference,
Attorney Blair's 8.2 time entry, to Block billing; reduced
Block Billing
prepare the post-trial brief seeking by 20%.
Plaintiff Gressett's liquidated
damages and front pay is not block
billing or an internal conference,
but a description in some detail of
the work done that day to complete
that task. Attorney Cook did not
bill for any time to support this
effort.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

03-31-2015

J. BLAIR

HEARING BEFORE JUDGE TEILBORG
REGARDING LIQUIDATED DAMAGES AND
FRONT PAY

1.5

380.00

$570.00 Duplicative attorney
attendance - did not
present at hearing

Attorney Blair's 1.5 time entry to
attend the hearing before Judge
Teilborg re liquidated damages and
front pay is not duplicative. While
Attorney Cook presented these
materials, Attorney Blair was there
to assist. He prepared the brief.
All three of CAP's attorneys were
present.

03-31-2015

J. BLAIR

EVALUATE ARGUMENT WITH T. COOK

0.5

380.00

$190.00 Internal Conference

Attorney Blair's .5 time entry to
evaluate the argument with
Attorney Cook is not an internal
conference. Attorney Cook did not
bill for this evaluation/ discussion.

03-31-2015

J. BLAIR

PLAN FEES/COSTS APPLICATION

0.2

380.00

03-31-2015

T. COOK

1.5

380.00

$570.00

03-31-2015

T. COOK

2.4

380.00

$912.00

04-01-2015

J. BLAIR

0.5

380.00

$190.00

04-01-2015

J. BLAIR

APPEAR AND PRESENT AT HEARING TO
COURT REGARDING LIQUIDATED DAMAGES
AND FRONT PAY
STUDY BRIEFS FILED ON FRONT PAY AND
LIQUIDATED DAMAGES, STUDY CASE LAW
CITED AND MARK FOR USE WITH COURT AT
HEARING
STUDY COURT ORDER AWARDING
LIQUIDATED DAMAGES AND FRONT PAY
BEGIN ANALYSIS OF REQUIREMENTS FOR
FEE/COSTS APPLICATION, REVIEWING
LOCAL RULE AND PRIOR FEES REQUESTS IN
FEDERAL COURT

2.3

380.00

$874.00 Excessive

$76.00 Clerical

Gressett Reply

Attorney Blair's .2 time entry to
plan the fees/costs application is
just that, i.e., an overview analysis
of what would be needed in short
order. It is not clerical.

Attorney Blair's 2.3 time entry to
begin his analysis of the
requirement for a fees/costs
application, including studying the
local rule and other fee requests is
not excessive. The fees/costs
application is a significant
undertaking and requires
organization and analysis.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

04-01-2015

T. COOK

STUDY COURT'S JUDGMENT, AWARD OF
LIQUIDATED DAMAGES AND FRONT PAY,
RULING ON LIQUIDATED DAMAGES AND
FRONT PAY AND FORWARD TO CLIENT

0.3

380.00

04-02-2015

J. BLAIR

REVIEW LOCAL RULES AND PREPARE
INITIAL DRAFT MOTION FOR FEES AND
SUPPORTING AFFIDAVIT

2.7

380.00

2.3

170.00

2.2

380.00

$836.00

0.3

360.00

$108.00

0.5

380.00

$190.00 Duplicative of 4/1/15
entry

2.1

380.00

$798.00

0.8

380.00

$243.20 Block billing

0.3

380.00

$114.00

0.5

380.00

$190.00

04-02-2015
04-08-2015

04-10-2015

04-10-2015

Description

L. SIMONINI BEGIN PREPARATION OF ITEMIZED FEE BILL
TO BE SUBMITTED TO COURT
J. BLAIR
REVIEW DRAFT INVOICE FOR LEGAL
SERVICES, REMOVE DUPLICATION AND
INEFFICIENCIES
D. BARNES PREPARE SUMMARY OUTLINE OF COURT OF
APPEALS CASE LAW RELATED TO AWARD
OF ATTORNEYS' FEES IN FAMILY MEDICAL
LEAVE ACT ACTIONS
J. BLAIR
STUDY COSTS RULE LRCIV 54.1, MODIFY
FILINGS ACCORDINGLY

04-10-2015

J. BLAIR

04-10-2015

J. BLAIR

04-10-2015

J. BLAIR

04-10-2015

J. BLAIR

MAKE REVISIONS TO DRAFT AFFIDAVIT,
FEES MEMORANDUM, ENCLOSURES
REVIEW FILINGS WITH T. COOK, CALL S.
BIDDLE REGARDING MEET AND CONFER
PREPARE MEET AND CONFER ATTACHMENT
TO FEES APPLICATION
ADDRESS BILLS FROM OUTSIDE
ATTORNEYS, RELATED EMAIL
COMMUNICATIONS WITH A. GRESSETT
[Privileged Communication]

Hours

Rate

Amount

CAP Objections

$114.00 Duplicative of J. Blair
4/1/15 entry

Gressett Reply

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Attorney Cook's .3 time entry to
review the Court's order awarding
liquidated damages and front pay is
not duplicative. Trial Attorney
Cook was critical in the
presentation of oral argument
leading to that award and just as
critical in the preparation of the
liquidated damages/front pay
memorandum.

$1,026.00 Block billing, duplicative Attorney Blair's 2.7 time entry to
of 4/1/15 entry
begin drafting the motion for
fees/costs and the supporting
affidavit is not block billing, nor is
it duplicative of any other time
entry. This is a continuation of this
task.
$391.00

Attorney Blair's .5 time entry to
review the costs reporting under
LRCIV 54.1 is not duplicative of
any other time entry. It is a
continuation of this task.

Attorney Blair's task one (.7); task Block billing; reduced
two (.1).
by 20%.

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

04-13-2015

J. BLAIR

STUDY LOCAL RULE RE TAXABLE COSTS,
DRAFT COVER MEMO

0.8

380.00

$304.00 Duplicative of 4/10/15
entry, block billing

04-13-2015

J. BLAIR

0.5

380.00

$190.00

04-13-2015

J. BLAIR

WORK ON FEES
APPLICATION/MEMORANDUM
WORK ON SUPPORTING AFFIDAVIT

1.2

380.00

$456.00

04-13-2015

J. BLAIR

0.6

380.00

$228.00

04-13-2015

J. BLAIR

ADDRESS ISSUE OF FEES OWED TO PRIOR
COUNSEL, MODIFY FILINGS ACCORDINGLY
ADDRESS NON-TAXABLE COSTS ISSUES

0.5

380.00

$190.00 Vague

04-13-2015

L. SIMONINI CONFERENCE WITH ATTORNEYS BLAIR AND
COOK REGARDING FEE APPLICATION

0.4

170.00

$68.00 Internal Conference

04-13-2015

L. SIMONINI TELEPHONE CALL CAP ATTORNEY BIDDLE
REGARDING EXTENSION FOR FILING FEE
APPLICATION

0.1

170.00

$17.00 Excessive - it was
plaintiff's counsel's
request for extension

04-13-2015

L. SIMONINI TELEPHONE CALL JUDGE TEILBORG'S
CHAMBERS REGARDING EXTENSION FOR
FILING FEE APPLICATION

0.2

170.00

$34.00 Excessive - it was
plaintiff's counsel's
request for extension

04-13-2015

L. SIMONINI STUDY DRAFT MEMORANDUM SEEKING
ATTORNEYS FEES AND IDENTIFY
DOCUMENTATION SUPPORTING SAME
L. SIMONINI STUDY ATTORNEY BLAIR'S DRAFT
AFFIDAVIT AND IDENTIFY AND PREPARE
DOCUMENTATION SUPPORTING SAME
L. SIMONINI TELEPHONE CALL CLIENT REGARDING
[Privileged Communication]
L. SIMONINI BEGIN PREPARING ITEMIZATION OF
EXPENSES SEEKING COSTS UNDER LRCIV
54.2

1.2

170.00

$204.00

1.3

170.00

$221.00

0.2

170.00

$34.00

1.3

170.00

$221.00

04-13-2015

04-13-2015
04-13-2015

Gressett Reply

Attorney Blair's .8 time entry is not
duplicative of any other time entry
nor is it block billing. It is Attorney
Blair's drafting of the costs/fees
memorandum based on the local
rules.

Attorney Blair's .5 time entry to
review work by others regarding
the non-taxable costs summary and
issues presented by that summary is
not vague.
Paralegal Simonini's .4 time entry
to discuss the fees application with
attorneys Blair/Cook is not an
internal conference. No one else
billed for that discussion.
Paralegal Simonini's .1 time entry
to perform a phone call to CAP's
Attorney Biddle is not excessive.
Paralegal Simonini's had difficulty
getting any response from Attorney
Biddle so she documented each
communication.
Paralegal Simonini's .2 time entry
to complete a phone call to Judge
Teilborg's chambers is not
excessive. Paralegal Simonini had
difficulty getting any response from
Attorney Biddle so she documented
each communication.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

04-13-2015
04-14-2015

Attorney

Description

L. SIMONINI IDENTIFY AND PREPARE SUPPORT FOR
EXPENSES UNDER LRCIV 54.2
T. COOK
CONFER WITH TEAM REGARDING DRAFTING
OF FINAL MATERIALS FOR COURT
CONSIDERATION

Hours

Rate

Amount

CAP Objections

0.9

170.00

$153.00

0.5

380.00

$190.00 Internal Conference

Gressett Reply

04-14-2015

T. COOK

EMAIL EXCHANGE WITH COUNSEL FOR CAP
REGARDING EXTENSION TO COMPLETE
DOCUMENTS REGARDING COSTS AND FEES

0.1

380.00

04-14-2015

J. BLAIR

0.7

380.00

$266.00

04-14-2015

J. BLAIR

MAKE SERIES OF UPDATES TO FEE
APPLICATION AND COST SUMMARIES IN
LIGHT OF ADDITIONAL INFORMATION
ADDRESS TAXABLE/NON-TAXABLE COSTS
ISSUES

0.5

380.00

$190.00 Vague

Attorney Cook's .5 time entry to
determine the progress of the
materials being filed with the Court
is not an internal conference. No
one else billed for this attorney time
entry.
Attorney Cook's .1 time entry to
exchange emails with CAP's
counsel is not excessive. This
office was having difficulty getting
any response from Attorney Biddle.

$38.00 Excessive - it was
plaintiff's counsel's
request for extension

04-14-2015

L. SIMONINI DRAFT E-MAIL TO CAP ATTORNEY
KRIEGSFELD REGARDING EXTENSION OF
TIME FOR FEE APPLICATION

0.1

170.00

$17.00 Excessive - it was
plaintiff's counsel's
request for extension

04-14-2015

L. SIMONINI DRAFT NOTICE OF CAP'S NON-OPPOSITION
OF EXTENSION REGARDING FEE
APPLICATION

0.1

170.00

$17.00 Excessive - it was
plaintiff's counsel's
request for extension

04-14-2015

L. SIMONINI TELEPHONE CALL ATTORNEY BIDDLE'S
OFFICE REGARDING MOTION FOR
EXTENSION

0.1

170.00

$17.00 Excessive - it was
plaintiff's counsel's
request for extension

Attorney Blair's .5 time entry to
address issues related to
taxable/non-taxable costs is not
vague. The rules and case law are
specific on this point and Attorney
Blair was following the rules
correctly.
Paralegal Simonini's .1 time entry
to perform a phone call to CAP's
Attorney Kriegsfeld is not
excessive. Paralegal Simonini had
difficulty getting any response from
Attorney Biddle so she documented
each communication.
Paralegal Simonini's .1 time entry
is not excessive. Paralegal Simonini
had difficulty getting any response
from Attorney Biddle so she
documented each communication.
Paralegal Simonini's .1 time entry
is not excessive. Paralegal Simonini
had difficulty getting any response
from Attorney Biddle so she
documented each communication.

Court's Ruling (Blank
entry indicates that
objection was
overruled)

Date

Attorney

Description

Hours

Rate

Amount

CAP Objections

Gressett Reply

04-14-2015

L. SIMONINI STUDY E-MAIL FROM ATTORNEY BIDDLE
REGARDING MOTION FOR EXTENSION

0.1

170.00

$17.00 Excessive - it was
plaintiff's counsel's
request for extension

Paralegal Simonini's .1 time entry
is not excessive. Paralegal Simonini
had difficulty getting any response
from Attorney Biddle so she
documented each communication.

04-14-2015

L. SIMONINI DRAFT E-MAIL TO ATTORNEY BIDDLE
CONFIRMING MESSAGE WAS LEFT WITH HIS
ASSISTANT

0.1

170.00

$17.00 Excessive - it was
plaintiff's counsel's
request for extension

Paralegal Simonini's .1 time entry
is not excessive. Paralegal Simonini
had difficulty getting any response
from Attorney Biddle so she
documented each communication.

04-14-2015

L. SIMONINI DRAFT BILL OF COSTS AND ITEMIZATION
UNDER LRCIV 54.2

1.2

170.00

$204.00 Duplicative of L.
Simonini 4/13/15 entry

Paralegal Simonini's 1.2 time entry
to prepare the bill of costs and
itemization materials as requires
under LRCIV 54.2 is not
duplicative of other time entries.
This is a continuation of that
assignment.

04-14-2015

L. SIMONINI IDENTIFY AND PREPARE SUPPORTING
RECORDS FOR BILL OF COSTS
J. BLAIR
MAKE MODIFICATIONS TO THE
MEMORANDUM AND AFFIDAVIT TO
REFLECT REQUIREMENTS UNDER LRCIV 54.2
J. BLAIR
STUDY FEE BILLS AND COST BILLS,
CORRECT ERRORS
L. SIMONINI IDENTIFY ARGUMENT TO BE ADDED TO FEE
MEMORANDUM RELATING TO JUDGE'S
FINAL ORDER AND CAP'S CONDUCT DURING
CASE
L. SIMONINI IDENTIFY MOST RECENT NUMBERS
EXCHANGED AMONG PARTIES DURING
MEDIATION
L. SIMONINI CONTINUE PREPARING ITEMIZATION OF
EXPENSES PURSUANT LRCIV 54.2 AND
IDENTIFYING SUPPORTING
DOCUMENTATION
L. SIMONINI CONTINUE PREPARING ITEMIZATION OF
EXPENSES PURSUANT LRCIV 54.1 AND
IDENTIFYING SUPPORTING
DOCUMENTATION
L. SIMONINI STUDY DRAFT AFFIDAVIT AND
INCORPORATE ADDITIONAL SUPPORTING
INFORMATION AND DOCUMENTATION
Totals

1.3

170.00

$221.00

2.3

380.00

$874.00

1.1

380.00

$418.00

0.4

170.00

$68.00

0.6

170.00

$102.00

1.3

170.00

$221.00

1.7

170.00

$289.00

0.7

170.00

$119.00

04-15-2015

04-15-2015
04-15-2015

04-15-2015

04-15-2015

04-15-2015

04-15-2015

2542.2

$688,626.00

Court's Ruling (Blank
entry indicates that
objection was
overruled)